Advice

Ed. note: This is another installment in a series of posts from the ATL Career Center’s team of expert contributors. Today Casey Berman of Leave Law Behind, a blog and community that focuses on helping unhappy attorneys leave the law, discusses the second step attorneys can take to leave the law. (The first step can be found at The First Step in Leaving Law Behind – It’s the Money, Stupid.)

As we discussed in the first article of this series, through Leave Law Behind, I work with many intelligent attorneys who nonetheless are unhappy and want to leave the law behind and do something else. They want to change their life and their work and their focus with the goal to be more satisfied, more confident, and happier.

I tell them the first step in leaving the law behind involves getting a handle on their money situation. They need to become as confident and exact as possible in understanding (i) their expenses, as well as any (ii) safety net and other sources of financial support they can call upon if needed.

The second step in leaving law behind? Before getting one’s résumé ready or applying for jobs or networking, the second step often involves getting over law school. Or in other words . . . cutting your losses. Or to be more blunt: Move on. Stop living in the past. Stop thinking you need to eke out more of a return on your law school investment. Focus on the road ahead.

Read more at the ATL Career Center….

I love personality tests. They serve numerous good and constructive purposes. And by “good and constructive,” I mean shamefully entertaining, such has finding out about the best ways to totally annoy your co-workers and how to play crazy mind games with them — core skills that you need to develop to perform effectively on the job.

So when a friend of mine pointed me to an article on personality tests titled The Unique Psychological World of Lawyers, I was intrigued. It’s an older article and a bit on the dry side (at least compared to some of the off-the-wall stuff you can find here on ATL), but the some of the observations and conclusions made in the article about lawyers’ personalities are extremely compelling….

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You want to know what the future of law entails for you? Probably not much. You do the same crap everyone else does. You’re some run-of-the-mill commercial litigator, or you write the same wills as every other estate planning lawyer, or you’re an “aggressive” and “caring” and “passionate” criminal-defense lawyer that will “fight for your rights.”

It’s all garbage. You don’t matter. You compete on price and spend your day wondering what works better — pay-per-click, or your Facebook Fan Page. You’ll pay the bills and get a nice case every so often, but you’re just another lawyer wondering why the world hasn’t lined up to hire you.

The future of law is specialization. I’m not just talking about “niche” practices, I’m talking about specialization within your practice. I’m talking about being a resource in your practice area, or knowing more about a specific issue than the others. And yes, I have examples, calm down, I’ll lay this out for you in simple, easy terms that you can understand. Maybe you can even put some of this to work in the middle of contemplating your miserable life as a lawyer….

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The “talent management” folks are so different from lawyers.

Lawyers (at big firms, anyway) ask junior lawyers to do things and, ten years later, look to see who survived.

Talent management people couldn’t be different. They assess individuals and groups to try to find ways to improve performance. “O brave new world that has such people in’t!”

But when the talent management folks turn their sights on me, I realize that I have a split personality.

I (and everyone on my compliance team) recently took the Thomas-Kilman Conflict Mode Instrument. This puppy repeatedly asks which of two ways you would choose to resolve a conflict. After you make 30 of those choices, a computer spits out the “conflict-handling mode” that you prefer. The five conflict-handling modes are “competing,” “collaborating,” “compromising,” “avoiding,” and “accommodating.”

This test revealed my underlying split personality before I even learned the results. As to virtually every one of the 30 choices I was asked to make, my answer depends on the circumstances. When representing a party in litigation, I’m often a “compromiser”: He demands 100; I offer 10. He drops to 90; I go to 20. He wants six months to trial; I offer 24. On most subjects, litigants have equal power, and no one wants to be blamed for bothering the judge, so we compromise. According to Thomas-Kilman, I’m a “compromiser.”

But that’s just one of my many personalities. Suppose I’m not representing a party in litigation, but rather “negotiating” with one of my own clients. Goodbye “compromiser,” and hello….

double red triangle arrows Continue reading “Inside Straight: Competing, Collaborating, And Compromising”

Ed. note: This is the fourth installment in a new series of monthly posts, brought to you by Corporette’s Kat Griffin, which will deal with topical business and lifestyle issues that present themselves in the world of Biglaw. Send your ideas for columns to us here.

Above the Law readers are sending in questions, and I love it! Reader C, the mother of a recent law grad, wonders “what brand/type suit is best for men.” Great question, and I’m excited to see what the readers have to say. Details just came out with the complete guide to suits, and Esquire also recently came out with the “new rules of suits.” (Over at Corporette, we of course have a complete guide to women’s suits, including whether you can wear tights when interviewing, which are the best inexpensive suit brands, and our regular Suit of the Week feature.)

A few tips for the boys, though….

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Lawyers are supposed to read. The best lawyers are usually the most voracious readers. One of the tragic consequences of life as an associate is the loss of time for leisure reading. Except for that hard-earned four-day vacation around Thanksgiving time. Or that quick beach jaunt in late August when you realize that not only are all the partners gone for their yearly family vacations, they are not even bothering to answer emails or calls. So you may as well take a long weekend yourself. Pretend you have a life. Endure your friends talking about how their corporate “Summer Fridays” are already tired out, and how they long to get back to a regular schedule after Labor Day. Admit it — you are not doing any serious reading on the beach, or in the airport, or sitting on someone’s pool deck with a homemade margarita. More likely, your brain is fried, and the appropriate level of reading material for you at that stage is a “men’s periodical” or some celebrity rag.

Partners have it a little better. The intellectual ones rekindle their loves for serious fiction, or Ulysses Grant biographies, or even high-priced gardening books so they can converse semi-intelligently with their illiterate (but highly skilled and inexpensive) landscaper. Other partners read junk, or choose not to read at all, only buying glossy magazines for the pictures of high-priced items they are thrilled they can now afford. Or for the cocktail recipes, now that the liquor on their “drink rack” is of better quality, all while their need for a nightly drink or two or three goes up. Leisure reading, or not, however you like.

But there is another kind of Biglaw reading. The type that all partners really should engage in. Daily if possible. It is accessible. Via browser. That’s right — legal blogs. Biglaw partners (and ambitious associates) need to be on top of what is going on in our industry. You know, the one that is changing rapidly. Where there is a battle for survival going on, even between firms that would normally be considered extremely successful, and that in and of themselves are many times larger and more successful than at any point in their own histories. Information is power on this battlefield. Get reading. Some suggestions….

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Quick! Grab that piece of paper in front of you!

Draw three circles, along the lines of a Venn diagram.

One circle represents the past; one represents the present; and one represents the future. Your three circles should show the relationship between past, present, and future.

People from different cultures tend to draw those circles very differently, and I’ll explain your cultural bias after the jump.

Why am I writing about this? Because my corporate law department recently held its global law conference, at which all of our lawyers from around the world gathered in one place for two days of meetings. (February in Chicago! Who could resist?) We’re quite an international group, and we invited a speaker (from one of our businesses, which consults on talent management issues) to talk to us about working on cross-cultural teams.

This is just the sort of touchy-feely stuff that I typically can’t bear, but this guy was actually pretty interesting. He both revealed the cultural biases of people within our group and gave some suggestions about how to work together more effectively in the future.

I’ve now stalled for long enough. If you’ve drawn your three circles representing past, present, and future, you’re allowed to click through the jump and learn about your cultural prejudices….

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Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Alison Monahan shares some practical advice with associates.

When you show up for work at a law firm, you realize pretty quickly that there’s a lot to learn. Some things people will tell you, but there’s a lot of stuff no one’s going to tell you. Having been on both sides of the equation (as the one screwing things up, and the one getting annoyed with more junior people making my life difficult), here are a few things I learned along the way.

Ten Rules of Thumb for Law Firm Success

1. Don’t bring cases from the wrong jurisdiction. You remember Erie, right? If not, it’s time to review. There is very little that’s more annoying than giving a junior lawyer an assignment to find some case law, and having them come back with a state case, when you need a federal case, or vice versa. It’s one of those situations where you, as the assigning attorney, feel really confused. Did they not understand the assignment? Did they sleep through Civ Pro? Or do they just not care? None of these thoughts make me like you, or want to work with you again. Be sure you understand what you’re looking for, and resist the temptation to bring an irrelevant case, because you can’t find a relevant one.

2. On that note, no one cares how much effort you exerted. If you can’t find a case on point, just say that! If I ask what steps you took to search, feel free to tell me — in detail — so I won’t replicate your work. But do not go on about how many hours you spent, or how hard you looked. I don’t care. It’s nothing personal, I’m sure you’re doing the best you can. But, if you can’t find what I need, I’ll have to find it myself, so it’s best just to give me the bad news, and get out of the way.

Read more at the ATL Career Center….

Before law school, I considered myself a pretty detail-oriented person, especially when it came to writing. After entering law school, I was dismayed to find myself to be unimpressively average in a group where just about everyone was anal about typos, grammar, spelling, etc. Then I spent a summer at a large law firm and was appalled to discover that in this environment, my technical abilities were best described as a meager “below average.”

A few years at large law firms set my anal retentiveness straight. I counted two spaces after a period (in the olden days when everyone seemed to agree it was the right thing to do); made sure semicolons, not commas, followed every colon; and ensured absolute consistency in underlining or bolding definitions. After a few years, I became satisfied that I had reached a black-belt level of ability to churn out a technically perfect document.

Then, I went in-house….

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Let me regale you with two recent examples of lawyers disclosing client confidences. There’s a lesson tucked into each.

First: An acquaintance sent me the résumé of, and asked me to speak to, a young lawyer. The idea was to give some general career advice, rather than necessarily to hire the person.

I’m a pushover, so I agreed to have a cup of coffee with the relatively new lawyer. Over coffee, he (or she, but I’ll use the masculine) explained that what he liked least about the job he’d just left (which was identified on his résumé) was being asked to do unethical things. My curiosity piqued, I asked for an example. He explained that he’d been asked to draft a contract that committed his employer to violating the law as part of the contractual relationship. (Think along the lines of, “We will ship the illegal weapons to you in New York.”) My young acquaintance said that he’d gone to the general counsel, who had instructed him to draft whatever contract the business wanted. The earnest young lawyer had solved the ethical problem by drafting a contract that, when read carefully, would prohibit the illegal conduct. (Think: “Under no circumstance will any weapons of any type be shipped pursuant to this contract.”)

I’m afraid I won’t be recommending this person for any jobs. . . .

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