Advice

Ed. note: This is the first installment of The ATL Interrogatories, brought to you by David Carrie LLC. This recurring feature will give a notable law firm partner an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.

Peter Kalis is the chairman and global managing partner of K&L Gates.

1. What is the greatest challenge to the legal industry over the next five years?

Although I’m tempted to do a passable imitation of a legal consultant and talk about globalization, innovation and the New Normal, all of which are important, in fact the fundamental challenge facing our industry over the next five years and beyond is to preserve the Rule of Law in a world in which an increasing number of globally significant economies have no comparable tradition and in which some governments don’t respect rights of individuals and enterprises. The world, our industry and our profession would be much different if norms we associate with the Rule of Law were defined downward as a by-product of globalization. I know it’s a stretch for an audience focused during difficult times on real and immediate career challenges to shift gears and focus on a seemingly abstract concept such as the Rule of Law. The times tend to divert all of our gazes inward. But there is no one reading this who is more self-absorbed than the least self-absorbed law firm managing partner.

We all need to do a better job when it comes to talking about and vindicating the Rule of Law in our day to day lives. I know that I do. With all of the misguided talk about vocationalism in legal education, moreover, I also worry that our law schools are not pounding away sufficiently at the foundational importance of the Rule of Law or the role of U.S. lawyers, among others, as its missionaries.

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In the world of sports, the figure of coach has taken on near-mythological status. Some coaches — such as the late Joe Paterno, before his fall from grace — are treated like gods, due to their legendary leadership and inspiration abilities.

What about in the world of Biglaw? Well, it’s catching on there too. An increasing number of law firms are making career coaches, including on-site coaches, available to their attorneys.

What’s behind this trend? And is it one worth celebrating? We share some survey results, as well as comments from a former associate who worked with a career coach….

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This cheese isn’t a good deal.

Today’s story about a law student bound for prison has me thinking about how regular people become criminals. The story of Marc Gersen is the kind of thing books are made of; it’s big and bold and colorful.

But on the smaller scale, people are pushed into unethical decisions all the time, and it rarely comes with the stark choices of, “Should I, or should I NOT, start a meth ring?” People, especially the kind of risk-averse people who end up in law school, don’t make one big decision to “become a criminal.” It’s a bunch of little decisions that incrementally take you from “normal, law-abiding citizen” to “bad actor.”

Today, we got an email from a person who is thinking about making an unethical choice out of desperation for a job. Why don’t you read her dilemma for yourself and tell her what you think she should do….

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Ed. note: This is the third 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.

One of the biggest sartorial challenges that both men and women face is looking professional in bad weather. Whether it’s slush, snow, rain, or just absolutely freezing temperatures, showing up at your office, meeting, or court appearance looking like the abominable snowman is usually frowned upon.

So how can you look your best but also stay warm and dry?

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Tom Wallerstein

I was grateful that Quinn Emanuel sent me to Los Angeles for a multi-week long, intensive trial advocacy training program. The instructors were incredible and the program overall was one of the most valuable training experiences of my career.

Some of the sessions featured practice drills followed by critiques from practicing attorneys. In one of the sessions, that “mentor” role was filled by a junior partner in a well-known firm. He had long, wavy hair and wore a tight silk shirt with the top several buttons open, exposing his chest hair and gold chains. His cologne should have been arrested for olfactory assault. If you think of a 1980s hair-metal band you will get the right idea.

Creepy-looking Mentor was constantly flipping his hair and paying far too much attention to the young, female associates. (He seemed to think it was particularly important to help them with their cross-examination posture, as he made a point of standing behind them and guiding them like a golf or tennis pro might do.)

Even though the program was only “practice” — cue Allen Iverson — there was a lot of pressure because many firm partners were there watching and, presumably, evaluating us. In this particular session, the associate doing a cross examination was very nervous, and visibly shaking. When the associate was finished, Mentor said he had a relevant war story he thought would be helpful to share, and did so….

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I was fortunate enough to clerk twice. My judges, and hence my clerking experiences, could not have been more different. I am unable to give factual details, but I can certainly pass on some observations. I am also going to attempt to give you job seekers some tips.

More than any other type of correspondence to my Gmail are queries about jobs. How to get one where I work, how to go in-house, how to leave a firm, when to go back to a firm, how to obtain a clerkship, etc. I want to focus this week on clerkships because I believe they are overlooked by the vast majority of job seekers. I am not preaching here to 3Ls. Future grads have their own system set up by the career center in which blast applications are sent out, only to be thrown in the trash (sorry, I meant filed for safekeeping) by existing clerks. No, I am speaking to the experienced attorney who has found themselves in the midst of a hellish job search. Do not underestimate the clerkship….

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Over the last three weeks, we have heard from an In-House Insider, an opinionated source of insight into Biglaw-client relations — see here, here, here, and below. As with the three prior installments, the only changes I made to the Insider’s words were those done to protect their identity, and Insider was given the opportunity to revise their points once I added the questions and commentary. Again, I thank Insider for the candid observations and thoughtful opinions on these core issues….

AP: Any serious observer of Biglaw can see that firms continue to struggle adapting associate development to the new state of Biglaw-client relations. What can Biglaw learn from corporate clients like yourself on that front?

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Non-Sequiturs: 01.28.13

* The latest bombshell in the Chevron / Ecuador litigation: an ex-judge cops to participation in a bribery scheme. [Fortune]

* I wish this “defense” of posting one’s law school grades on Facebook were more full-throated and “in your face.” [Virginia Law Weekly]

* I suspect Professor Stephen Bainbridge is in the minority here. Most of my law professor friends enjoy all-expenses-paid trips to the Cayman Islands. [Professor Bainbridge]

Elie Mystal, or Somali pirate?

* Professor Glenn Reynolds: “As the GOP looks for issues it can win on, how about lowering the drinking age?” I’ll raise a glass to that. [Instapundit]

* Ahoy, mateys! Did the Supreme Court grant cert in that piracy case out of the Fourth Circuit? [FindLaw]

* Not all liberals hate guns. [New York Times]

After the jump, the dashing and handsome Ryan Chenevert — Cosmo’s reigning Bachelor of the Year, and a Louisiana lawyer — offers his thoughts on dating….

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I really like what Bruce MacEwen does over at Adam Smith, Esq. He thinks hard about the legal profession, and he says smart things that you won’t find elsewhere.

But he’s not perfect. He recently wrote that clients were partly responsible for the demise of Dewey (which may well be true) because clients had endorsed “the . . . toxic notion that you hire the lawyer, not the firm.” Here, I beg to differ.

Hiring “the lawyer, not the firm” is not a toxic notion; it is sanity.

Hiring the firm would be nuts, for at least two different reasons. First, the firm has many invidious institutional incentives: Let’s suppose you “hire the firm” by calling the managing partner (or head of litigation, or whoever) to say that you have a new case that you’d like the firm to handle. The managing partner naturally pokes around to see “who has time.” Presto! Your case would be staffed with the partner who has nothing else to do, because the firm can’t foist that guy off on any other sorry client. That inept partner would likely be assisted by a few associates who also “have time,” and you’d be wallowing in B-team city.

Not for me, thank you very much.

If you’re an intelligent client, you don’t want the lawyers who “have time;” you want the lawyers who “are good.” There’s no reason to think those two categories overlap, and plenty of reasons to think they do not.

And I’m just getting warmed up here . . .

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I work in the IT department of a law firm and I set up conference rooms for meetings. A few of the rooms I set up are right across the street from a brand new apartment building that’s almost 50 stories tall. Most of the time you can’t see into people’s living rooms because the glass is reflective. But between 8 and 9 a.m., because of the angle of the sun, you can see right into people living rooms and bedrooms. One woman gets up around 8:30 a.m. and likes to strut around her bedroom naked.

“Accidental Peeping Tom,” who recently sought the counsel of Slate’s Dear Prudence advice column. Check out his query, and her response, over here.

(If you have an idea about which law firm this person works at, feel free to drop us a line. We might want to schedule some morning meetings there….)

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