Yep, born and raised right here in Miami, Florida. I know, you hate me more now. Shucks. When I was a kid though, the only people who took their talents to South Beach were drug dealers, prostitutes, and movie producers depicting the place through the eyes of Tony Montana.
And now we are NBA Champions. We deserve it. We’ve waited a whole six years for this.
And you hate us. We love it, watching all of you whine and moan about how much you hate the Heat, hate Lebron, how Miami “bought” their championship. Yep, we bought it – cost a fortune too, you petty jealous nothings. We are the best, we are having a parade, probably right at the moment you sit in your miserable office, or Starbucks, and read this.
No surprise that I am a big fan of divisive people. I love watching the hate, the squirming when these people are successful, the “yeah, but…” commentary. I love watching losers nip at the feet of winners.
I rarely follow up on potential clients anymore. You want to hire me — you’ll let me know. I’m not playing your game of calling you back after the initial interview so you can tell me you’re “thinking about it,” but “the fee is really big.” Yeah, the fee is really big; so is your problem. You want to take your big problem to a bargain basement lawyer — knock yourself out. I don’t run a booth at the Straw Market in the Bahamas. If I’m going to negotiate, it’s going to be with opposing counsel, not you.
It’s killing you, though. You spoke with the client, they seemed interested, they asked all the right questions, and you gave all the right answers. They told you “money is no issue” (first clue they have no money.) It’s been a day or two, and nothing. No call, no email, and no questions about the retainer agreement you gave them.
There is nothing more important to lawyers than time. Time spent on cases (especially if you’re in trying to win the “most billable hours” contest award at your funeral), time in the day to “do everything,” time to enjoy the fruits of your labor. Everything comes down to time. The reason you don’t do certain things is because you claim to “have no time.”
Lawyers base their entire lives on time. Many try to figure out the latest time when they can roll out of bed to be on time to the office or court. We live on deadlines. We appear in court when told, file documents on certain dates (or fax them on certain dates at 4:59), and we set appointments for things. There are other things we want to do -– other things we need to do, but we use the excuse of “no time” as a crutch.
Truth is, we have plenty of time, we just don’t use it well. We let our practices control us, instead of trying to control our practices. Clients and cases will run lives, if you let them. Some lawyers believe the essence of being a lawyer is letting clients run their lives, we must let clients know we are available 24/7.
You can call me 24/7, but I’m no longer answering the phone when I’m doing something I consider more important than making money…
Man it’s been a rough week around here at ATL. With the addition of Eric Turkewitz, or as I call him, E.T., I now see you all weren’t kidding when you told me the only reason I was here was because Lat and Mystal just go down the alphabet.
I was also invited to experience misery at its peak have drinks with Elie during his visit to South Florida where he continued to call B.S. spoke on a panel to a conference of “all our graduates get jobs” law school admissions folks and apparently experienced what can only be described as “commentariat live.”
Our meeting was just your typical conversation between an angry short Jewish lawyer from Miami who successfully overcame academic probation at a state college and third-tier law school and a big fat black guy with dual degrees from Harvard. We left before the Boca Raton Resort and Club noticed we were there.
If you’re trying to build a word-of-mouth-based referral practice (is anyone doing that anymore?), you may be frustrated with two things about some of your referral sources: they don’t appear to know what it is you do, and they don’t make a real effort to get you the case/client.
We’ve all been there. The call comes in, the client was referred by a familiar name, and he wants to hire you to do something you don’t do or don’t want to do. Maybe you’re a divorce lawyer but don’t want to handle child custody modifications, or you’re a commercial litigator who has said many times that you don’t do collections work.
If you’re getting the wrong referrals, it’s your fault…
It’s not part of a legal strategy or way to churn the file; it’s an attorney-initiated discussion about the client smack in the middle of the case.
What usually happens is that the attorney is retained, legal work begins, the client is updated as to the status of the case/matter, asked to weigh in occasionally on strategy, and reminded about the pending bill. We see this as part of the job, but how do the clients perceive the representation?
At some point in the representation, the best chance you have to hear what the client is really thinking is when they are not happy. You’ll get that anxious phone call, that question that is really a criticism, and it is during those times that you focus on trying to make the client happy.
What if you were proactive?
What if you scheduled a non-billable meeting with the client, outside your office, for the sole purpose of allowing the client to voice their overall concerns after you’ve been representing them for a while?
A retail business owner asked me why I don’t believe in pay-per-click advertising or spending money on SEO strategies for my practice, as it has worked well for his stores. So I asked him: “What would you do if you needed a lawyer?” “I would call someone, get a name, and then look that person up,” he said. “You wouldn’t just do a Google search?” “No, never. After I got a name, I would check out the lawyer’s background, maybe see if he’s written anything that gives him credibility.”
No kids, he’s not talking about cute tweets or postings with links on a Facebook Fan Page. He’s talking about real writing, and he’s talking about getting your name from real people.
Now I know that I’m wrong, don’t know what I’m talking about, and am facing a sure death of my practice by suggesting that there are other ways of getting your name out there besides vomiting all over every social media platform, but it’s okay. When it all dries up, I’m sure I will have plenty of job offers from the wildly successful lawyers of the commentariat.
For those wondering if the life of a lawyer will ever be anything more than keeping track of your Google prowess by taking calls of, “I found you on the internet. How much do you charge?,” I have good news — it can be. There are actually real people out there that are looking for quality. It’s not that they found you first; it’s that they found you after a little research. If you’re going to be the type of lawyer that is found after someone gives your name, you might as well have something on the internet that evidences you have done more than just listen to some unemployed lawyer’s advice on building a practice.
My ideas are all free, and if you’re not afraid to use your real name, you may get some benefit from using them….
Spirit Airlines is a cheap airline. They advertise a “$9 fare club.” They advertise a lot. Their goal appears to be to let everyone know, to create the reputation, that they are the low cost alternative to other airlines – just like you want everyone to know you are the “aggressive” alternative to all other “aggressive” lawyers out there that will “fight” for their clients (free consultations and payment plans available of course as well.). In fact, when you Google “Spirit Airlines,” you get this:
I’ve never flown Spirit, and I don’t know if anyone has actually flown anywhere for $9, but I do know that I’ve never heard anything good about this airline. They call themselves “cheap,” while others say they’re “bad.” They do make a ton of money, which should bring a smile to the growing number of cheap and bad lawyers out there….
Friday night, I attended the first ever Innocence Project of Florida dinner. I was invited by a close, personal Twitter follower board member, and upon acceptance, asked by someone in one of my Google+ circles the Incoming Chair of the Innocence of Project of Florida to turn over a fairly large amount of cash to be a co-sponsor. Apparently, while Holland & Knight was receiving an award for their thousands of hours helping to free the wrongfully convicted, money for the dinner wasn’t pouring in from the establishment. Maybe next year.
As lawyer-type dinners go, it was a little different — poor lawyers representing alleged violent criminals mixed with Biglaw lawyers who spent the last decade doing the same, as well as three dozen judges, the elected state attorney, the appointed United States Attorney, and a slew of law students. Also in the crowd were a half-dozen exonerees. The exonerees included James Bain, who served more time than any other exoneree — 35 years for a crime he didn’t commit. He went to jail when I was four years old, and got out as I was planning a trip for my 40th birthday.
The night had its share of speeches and awards. One of the awards went to lawyer Marty McClain, whose client, Juan Melendez, was there among the suits wearing a t-shirt. Juan spent 17 years, eight months, and one day on death row before being exonerated. Marty’s other client, Frank Lee Smith, couldn’t make it because he died of cancer on death row before being exonerated. At his table was Marty’s high school buddy, actor Tony Shalhoub, who looked like a stalking fan taking pictures on his phone when his lawyer-friend was honored for being poor and a hero. While people were asking Shalhoub for pictures and autographs, he was busy being enamored with Marty….
This week, I was introduced to an IP lawyer. Yawn. Another IP lawyer churning out trademark and copyright applications. Meeting one of them these days is no different than going to a lawyer cocktail hour and meeting yet another “commercial litigator.” (Translated: “I do general irrelevant crap. Where’s the guy with those little spinach things?”)
But I quickly saw in his email that this wasn’t just another IP lawyer:
“My area of practice is intellectual property, but with a twist: I represent technology companies in transactions involving the licensure, commercial exploitation and/or research & development of technologies — that is about 50% of my practice. The other 50% is representing digital marketing agencies, digital production companies, and related businesses in all of their IP and corporate needs. I handle a great deal of work in the area of data privacy rules & regulations, compliance with FTC rules for digital advertising, and matters involving outsourced technology transactions.”
Interesting. Next step is meeting this guy face to face, mainly so I can understand what that email just said. I realize he doesn’t want referrals from every guy in his garage with the next great invention, but although I think I know, I want to learn how and from where he gets his referrals, and how he built his practice.
There’s been a lot written about niche practices. A lot of it has been written by non-practicing lawyers, or those with a niche that they’ve had for five minutes. Although today’s kids would rather hear from those idiots than someone who’s been doing it themselves for a while, I’ll do what I do every week, and offer some advice that may make you less miserable, and cause you to think differently about your practice….
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, 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.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…