Advice

Keith Lee

It’s often incredibly difficult to let things go in today’s always on, always connected world. There is a desire to multitask and switch gears at all times.

Check Twitter, check email, review a letter. Write a couple paragraphs in brief, get phone call. While on phone, pull up Facebook. Phone call ends, check Twitter, back to brief. Another lawyer sticks head in office, wants to talk about an issue in a different case. Finish conversation, back to brief, an urgent email notification pops up. Read email, not really that urgent. Reply anyway. Couple more paragraphs into brief, calendar notification goes off. Lunch scheduled with another lawyer in 25 minutes.

What are the chances that any of the work you just produced was actually of high quality?

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Ed. note: This is the latest installment in a series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Abby Gordon is a Director at Lateral Link, focusing on law firm and in-house searches, primarily in the New York region, Boston, and Paris.

I was a paralegal before law school. I took four years between undergrad and law school, so I knew a herd of practicing lawyers when I was still applying to law school. I thought I had a leg up on everyone; I thought I had it all figured out. But in hindsight, I realize that there was a lot I did not know — not in law school and not as I made my way through seven years as an associate with a top international law firm.

Now as a legal recruiter, I see associates making the same mistakes over and over. I wish law schools would do a better job of preparing students for the practicalities of the legal industry and not just teach the substance of the law. But until they do, here is my list of key points to understand and mistakes to avoid…

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Ed. note: Please welcome our newest columnist, Anonymous Recruitment Director, who will offer an insider’s perspective on the world of law firm hiring.

As a recruitment professional who has worked in large law firms for 20 years, I am delighted to be writing for Above The Law. I have decided to write anonymously because, otherwise, I would need to have my current employer approve the content of each column and, let’s face it, you want the dirt. Well, I have plenty of dirt to share. But, above all, my motivation for writing this column is to be of assistance to job seekers. Attorneys, as a group, are awful at taking advice. It is my hope that a few of you may appreciate that you can learn from someone who is included in the process of hiring new attorneys at a leading international firm.

As to my background, I am based in New York City, and I “run” the recruitment department of one of the largest law firms in the world. According to my job title, I oversee all aspects of the hiring chain, including lateral partner recruitment, lateral associate recruitment, summer associate recruitment, and LLM recruitment. In practice, most of my time is spent on the identification and recruitment of new junior attorneys. I have many lessons that I wish to share with these job seekers….

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In last week’s column, I discussed the importance of external communication during the mediation process in securing a favorable result for a client. Many of the people who wrote to me as a result of last week’s column agreed with my general premise that mediation is an important skill for the contemporary litigator, and that mediation’s importance will only continue to grow.

A primary driver of that growth will be the continued desire of clients to reduce litigation costs. More and more, clients are recognizing the value of mediation as a means of resolving disputes early and with certainty. Accordingly, those same clients are looking to their outside counsel to guide them through the mediation process, and it is safe to assume that how outside counsel fares at that task could be a crucial factor in terms of a client’s willingness to send that lawyer more business….

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I worked at law firms for 25 years. I observed many things and heard many others.

Now I work in-house, and I have to select counsel to represent me.

If I saw you in action (or heard about your reputation) back then, will I hire you now?

It’s obvious how you could have impressed me: You could have put the client’s interests first, and you could have been breathtakingly good when analyzing issues, negotiating settlements, preparing briefs, or appearing in court.

But what could I have seen or heard that forever removed you from my subconscious “approved” list? What are the deadly sins?

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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 provides some advice for getting law journal work done.

I’ll be honest — I hated Law Review. Every second I spent in the bowels of the law school library searching dusty books for obscure references was time wasted, in my opinion. But, on the upside, I got quite good at getting my cite-checking assignments done quickly!

Here are a few tips for getting your journal work done, without losing your mind:

1. Know where to draw the line.

Continue reading at the ATL Career Center…

Keith Lee

Imagine you are in the audience at a majestic Broadway play. The theater full, stage set, lighting dim. The curtains part and the play begins. Drama and tragedy unfold over the next two hours. The performance compels an ovation. Done with the play, you and your company depart for dinner.

You’re in Las Vegas at the latest Ultimate Fighting Championship (UFC) event. It’s time for the main event. The lights dim and the crowd roars. Two fighters enter the cage. The championship belt is on the line. The chain link door is locked shut and a grueling battle of wills commences. In the third round, the champion knocks out his opponent. You and your friends slowly make your way out of the arena, heading towards the Strip for a night of fun.

Both the actor and the fighter spend weeks and months in preparation for their brief time under the lights and scrutiny of the crowd. The actor memorizes her positioning, recites her lines, studies her character. The fighter drills techniques for years, conditions his body for months, and studies tape on his opponent for hours. All for one night….

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Mediation. For some lawyers, it is a great way to spend a day; for others, it is an interminable bore, and ineffective to boot. It is easy to imagine that lawyers who have had successful mediation experiences are more likely to fall into the former category than the latter. What is more certain, however, is that mediation skills are increasingly important for a litigator to have, for a number of reasons. Unfortunately, most lawyers, especially Biglaw attorneys, are left to fend for themselves when it comes to developing those skills. That is a shame, as the importance of being able to mediate successfully has only grown in today’s business climate. More generally, negotiation skills remain under-taught in law schools and by law firms, and as a result are underdeveloped in many lawyers.

Any chance a lawyer has to develop their mediation skills should be seized. As an intellectual property litigator, all of my cases originate in federal district courts, and throughout the country, almost every case schedule includes mediation (or some other form of alternative dispute resolution) as a distinct event. Where on the schedule the mediation occurs, and whether it is held before a magistrate judge or local certified mediator, is usually up for negotiation between the parties. What is important is that mandated mediation is on the schedule. As a result, just as litigators need to know how to handle a discovery motion in a particular court, so should they be prepared to make the most out of whatever mediation process their case calls for. Interestingly, mediation has become an important part of appeals as well, including at the U.S. Court of Appeals for the Federal Circuit, a familiar forum for patent litigators like myself….

double red triangle arrows Continue reading “Beyond Biglaw: Mediation Matters (Part 1)”

Rain on the Elysian plain?

Am I really mixing Homer and Lerner?

I am. (Hey, no one forces you to read this stuff.)

But to what end do I mix apples and wheelbarrows?

I live on the Elysian plain of in-house life: Freed of the demands of generating business; able to foist tedium off on the sad sacks who work at law firms; thinking strategically about the most significant issues facing the company; permitted (indeed, required) to work closely with a business. “‘Tis a consummation devoutly to be wished.

But there are occasional drawbacks to working in-house, and I try to share those with the world when I notice them. Three recently came to my attention. . . .

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Keith Lee

Everyone is familiar with the saying that you only get one chance to make a first impression. We size people up at a glance. People like to think that they take time to adequately weigh decisions, but in reality we often rely on “thin-slicing,” as popularized by Malcolm Gladwell in Blink (affiliate link):

“Thin-slicing refers to the ability of our unconscious mind to find patterns in situations and behavior based on very narrow slices of experience. The unconscious works by sifting through the situation in front of you, parsing out irrelevant data and homing in on what really matters.”

What this means is that we are constantly making micro-decisions at a subconscious level about the world around us all the time. Now, that doesn’t mean we are always making good decisions or judgments, but we are making them. Which is why lawyers need to care about how they appear — in person and in print.

And from a filed Answer in a lawsuit that a reader sent me, it’s a lesson that one lawyer needs to learn….

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