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….
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….
Which former Cabinet member sold the house with the blue door?
Are we too New York-centric in Lawyerly Lairs, our inside look at the homes (and occasionally offices) of lawyers and law students? Perhaps. It makes sense that we focus on Gotham, since Above the Law is headquartered here. But we realize that other cities and states boast great real estate too (and not just the 3500-square-foot houses enjoyed by the average associate at a Texas law firm).
Today let’s take a trip down to the nation’s capital. We’ll check out a few Lawyerly Lairs down in Washington, D.C. — including the $2 million Georgetown home shown above, recently sold by a former Cabinet member turned law firm partner….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.