A long-distance friend of mine recently emailed me this question:
“I’m interviewing with a small boutique firm that just opened. They actually have a lot in common with your firm in that they have two partners who were at a big firm and left so they could do their own thing. I was wondering if there’s anything that jumps out at you as something you look for in job candidates for your firm that might not have been as important if you were interviewing them for a position in Biglaw?”
I thought that was a great question, and insightful, because there are indeed some very important differences between interviewing with a small firm or boutique and interviewing for an associate position in Biglaw.
When I graduated from law school, one of the perceived benefits of working in Biglaw was job security. This manifested itself in various ways.
First, firms rarely, if ever, conducted true “layoffs;” i.e., reductions in force based more on outside economic factors than qualitative assessments of the affected employees. The rate of hiring either accelerated or slowed, but rarely reversed.
The “no layoff” tradition was to some extent rooted in a genteel culture, but more directly based on pure economics. Most Biglaw firms had more available work than they could handle at any given time. If work slowed, partners nonetheless were confident that it would pick back up…
If you’re looking to catch up on your reading of classic novels, I’d recommend Tess of the d’Urbervilles (affiliate link) — or, to use its complete title, “Tess of the d’Urbervilles: A Pure Woman Faithfully Presented.” It tells the story of a virtuous but destitute young woman who takes a job working for the wealthy d’Urberville family. While working for them, she receives unwanted advances from a libertine son, who develops an obsession with her. Complications ensue.
I was reminded of Tess of the d’Urbervilles upon reading a complaint that was just filed in federal district court here in New York. The complaint tells the story of a virtuous but debt-saddled young woman who takes a job working for a boutique law firm. While working for them, she receives unwanted advances from a libertine partner, who develops an obsession with her. Complications ensue.
Multiple sources brought the lawsuit to our attention. The complaint is going viral over email — partly because the allegations are shocking (and very sad if true), and partly because they’re being made against a prominent New York lawyer.
Let’s check out the complaint. At 24 pages, it’s much shorter than Tess of the d’Urbervilles….
I recently attended a reception for prospective students who had been admitted to the University of Pennsylvania Law School. It was a great event which was graciously hosted by superstar Penn Law alum John Wilson of Shearman & Sterling.
I’m a huge fan of Penn Law for too many reasons to list here, and I tried to convey some of my enthusiasm to the prospective students. (Had I known at the time, I would have included Penn’s distinguishing and commendable compliance with ABA transparency standards.)
I remember when I had attended the admitted students reception prior to committing, way back in 1996. At that reception I met then-Dean Colin Diver, who asked me what other schools I was considering. I told him, and added that I had not yet heard back from Stanford, my top choice…
* The Supreme Court will be hearing oral arguments today on a challenge to the Voting Rights Act. If for some reason you’re not sure why you should care about this, here’s everything you need to know to sound intelligent at the water cooler. [New York Times]
* If the sequester goes into effect this Friday, Attorney General Eric Holder warns that we’re probably going to see “profound” effects across the entire justice system. America, f**k yeah! Coming again to save the motherf**kin’ day, yeah! [National Law Journal]
* It looks like the tiny and terrifying Mary Jo White is currently on the Congressional pageant trail ahead of her March confirmation hearing for SEC leadership, and now she’s even vowed never to return to Debevoise & Plimpton. [DealBook / New York Times]
* A coup for Cadwalader and a casualty for Cravath: Jim Woolery chose another firm over his former home of 17 years, and it may have something to do with the Biglaw bonus market leader’s “sometimes antiquated” regime. [Am Law Daily]
* “There are many more fish chasing the same business,” but that’s not stopping new white-collar boutiques from trying to compete for business in what some say is an overly crowded market. [New York Law Journal]
* Louis Oberdorfer, district judge of the D.D.C. and former SCOTUS clerk, RIP. [Blog of Legal Times]
I recently met with Keith, a long-time friend who worked for years in Biglaw before leaving the practice of law entirely. We were reminiscing, and he reminded me of an incident I had forgotten about:
He had worked on an appeal in which the amount at stake exceeded $10 million. He spent dozens of hours conducting legal research and probably another 100 or so writing the brief.
He finished his draft months before the brief was due. So when he turned in the brief to his supervisor, it was not immediately reviewed. Every week or so, Keith would send a reminder, but the weeks turned into months.
Keith planned to file the brief with a Court of Appeals on the East Coast via Federal Express. E-filing was not yet available and, in any event, onerous binding of the exhibits and other requirements made that impossible.
Lawyers love to give advice. They seem to have an opinion about everything. Lawyers even love giving advice to other lawyers, if for no other reason than they like to gratify their egos. Thus, there is no shortage of advice for junior lawyers about how to most effectively practice law, nor is there any shortage of advice on how to establish and run a small firm or boutique legal practice.
Often, however, the advice is easier said than done.
For example, many scoff at those who fall victim to some version or another of a “Nigerian scam.” We especially shake our heads when the victims are lawyers. But ignoring seemingly obvious scam emails often is easier said than done.
My six-year-old is never satisfied. If I offer him a piece of candy, he asks if he can have two pieces. If I tell him he can watch a 30-minute TV show, he asks if he can watch a 90-minute movie.
As annoying as that can be, I have a grudging respect for his persistence. In my opinion, his attitude exemplifies the kind of approach I think makes for a successful lawyer, not to mention running a successful business.
Refusing to be satisfied pays dividends in terms of your professional development. At the same time, the instincts of a six-year-old may be counterproductive. For example, when a case resolves unfavorably, our knee-jerk reaction is to blame forces beyond our control. You lost because the jury got it wrong, or the judge didn’t understand something, or the client didn’t tell you something. The words come out like an angry stream. There are a dozen rationalizations for why it was anyone’s fault but your own. Hopefully, when the heat cools down, and you find your mind, you will ask yourself what you could have done differently.
But I think what is less common, yet equally valuable, is going through this exercise even when a case resolves favorably. There is always room for improvement, and a post-mortem debriefing always makes sense. Rather than being satisfied with reaching a great settlement, or a great victory at trial, it behooves you to consider not only what you did right, but what you might have done differently….
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….
“I am having a root canal this morning, so I’ll be working from home.”
Some attorneys use the expression “working from home” to mean that they are mostly taking the day off for one reason or another. In other words, they really mean that they are “not working.”
Other times, “working from home” really means “I’m still working, just not in the office.” I might do this, for example, to avoid a long commute or because I can better tackle my project at home, perhaps because my home will offer fewer distractions.
Assuming that “working from home” means that you still are working, albeit in a different physical location, should a firm care when or whether an attorney comes into the office, provided nothing time-sensitive needs to be accomplished that day?
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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