Career Advice

Hello readers! This post marks the one-year anniversary of my writing for Above The Law. **Hooray!** Whew, okay, now that all of that crazy excitement is over with, let’s move on.

Every once in a while, I meet people who ask whether there’s any value in doing a clerkship if they would eventually like to practice transactional law in-house. Like a dutiful little blogger, I consulted with several senior in-house attorneys on their thoughts about whether a clerkship is valuable for an in-house transactional practice.

The lawyers I consulted who hadn’t clerked generally saw little to no value in a clerkship with respect to an in-house transactional practice. Why spend an entire year of effort on something that’s not going to be directly applicable to your practice (and, by the way, pays diddlysquat), when you could be getting firsthand experience drafting contracts and working on deals on Day 1? Plus, it’s not like businesspeople have a clue what the difference is between a law clerk and, you know… a rock.

The attorneys who had clerked, on the other hand, saw many potential benefits….

double red triangle arrows Continue reading “Moonlighting: Should You Do A Clerkship If You Don’t Want To Practice Litigation?”

[D]on’t make a bad situation worse by doubling down on useless degrees. As I argue, going to the average law school at full price because you can’t get a job with your English degree is like having a baby to try to salvage a crumbling relationship.

– Professor Paul Campos of the University of Colorado Law School, in an interview with Megan McArdle of the Daily Beast.

(Campos, our reigning Lawyer of the Year, has a new book out entitled Don’t Go To Law School (Unless): A Law Professor’s Inside Guide to Maximizing Opportunity and Minimizing Risk (affiliate link).)

How to drive partners nuts. How to drive associates nuts. How to drive your boss nuts. How to drive clients nuts.

What’s left? Today’s topic: How to drive outside counsel nuts.

I’d say that I’ve been thinking long and hard about this subject to permit me to draft this column, but that wouldn’t be true. I’m a natural at this!

How do you drive outside counsel nuts?

First: Insist that outside counsel prepare a budget for every matter. Then complain that the budget is too high; tell counsel to reduce it. Complain that your business will never accept even the revised budget, and tell counsel to cut the estimate further. When you get the second revision, gin up some reason why even that’s too high, and have counsel cut the budget again.

Six months later, when counsel has blown through the budget, refuse to pay the bill! “You told me you could handle this case for damn near nothing. And now you want all this money? This is far more than what you budgeted. There’s no way we’re paying this!”

See? I told you that I was a natural. And I’m just getting warmed up . . . .

double red triangle arrows Continue reading “Inside Straight: How To Drive Outside Counsel Nuts!”


If you’re one of the few left a lawyer that believes success and enjoyment of the practice of law may involve more than just sitting at home with some computer equipment and an internet connection, here’s a list of people, yes, real live people, that have been important in my practice:

1. The Accountant.

No, not your father’s accountant, but an accountant that has a few years on you and experience with lawyers. You know, someone like you that is building a business but in another field. I know, you have Turbo Tax or some other software you can type some numbers into on April 14th, but that’s not the reason for an accountant. Your accountant should know where you are financially and where you want to be. He should be someone you meet with at least twice a year and discuss your whole financial picture. Your accountant should be listening to the details of your finances, your thoughts about business, and giving you advice — not just putting numbers in to an 1120-S or 1040.

2. The Financial Advisor.

No, not the guy calling you with a “tip.” Find someone who is a certified financial planner that has been at the same brokerage house for over five years — not just someone with over five years’ experience. (Cue the blowback from financial advisors who find this advice bad for business). Why? I like someone that knows the philosophy of their firm and has some knowledge of their money managers. And I know, you have no money to put away or invest in the market, but if you build that great LinkedIn profile to start making money, you should. Maybe some advice from a financial planner will put you in a position to have a few bucks to put away, and soon enough you’ll have a killer defined benefit program. (I learned about defined benefit programs from my financial advisor.) Oh, and my financial advisor often sets up lunches for me to meet other professionals.

Who else should be essential to your law practice?

double red triangle arrows Continue reading “The Practice: Other Things Essential to Your Law Practice — People”

Ed. note: This is the first installment in a new series of posts from the ATL Career Center’s team of expert contributors. Today, for the benefit of newly arrived (or soon-to-arrive) first-year associates, we have some advice from Ross Guberman on writing for the toughest audience they’ll ever face.

With the help of many clients, I recently surveyed thousands of law-firm partners about the writing skills they want to see associates develop.

Across the country and across practice areas, partners agree on what they’d like to change about associate drafts. I’ve organized their responses according to my Four Steps to Standout Legal Writing. I’ve also included a fifth category that covers usage and mechanics.

A few sample responses follow.

Step One: Concision

Partners say they spend too much time cutting clutter and other distractions from associate drafts. Anything that interrupts the message — wordy phrases, jargon, legalese, redundancy, blather, hyperbole — is a candidate for the chopping block.

Read more at the ATL Career Center….

Fair is fair is fair is fair: First, I analyzed what drives partners nuts. Next, I revealed what drives associates nuts. Third, I suggested how secretaries could drive their bosses nuts. Which (unless my imagination improves) leaves only today’s column: How to drive clients nuts!

How can you drive clients nuts? Let me count the ways.

First, remember that it’s really not the client’s case; it’s yours! The client retained you. You’re tending to the thing. If you win, you’re going to link to the decision from your on-line firm bio. So take the case and run with it!

When journalists call, answer their questions. (Make sure they spell your name, and your firm’s name, correctly in the published piece. Free publicity can’t hurt.) That silly little client surely trusts you to handle the press properly and, if the client doesn’t, the client’s wrong.

In fact, don’t limit yourself to handling the press. Figure out what an appropriate settlement should be, and then move the process along on your own. Call opposing counsel and tell her that you haven’t yet run this idea past your client, but you think the case should settle for 500 grand. Tell her you’ll recommend that amount if she’ll recommend that amount, and see what happens. The client will be pleased that you evaluated the case and sped the process without bothering the client at all. That’s both convenient and cost-effective: You’ll be a hero! (It’s quite unlikely the client was thinking more broadly than you are, considering the effect of settling this case on business issues, or other cases, or the like. After all, it’s your case. Don’t be a weenie; you handle it!)

Great! We’ve pushed the client one step closer to the brink of insanity. What else can we do to nudge the client over the edge?

double red triangle arrows Continue reading “Inside Straight: How To Drive Clients Nuts!”

If you take the blue pill, you wake up in law school and believe whatever you want to believe. You take the red pill — you keep reading Above the Law, and I show you how deep the rabbit hole goes.

Apparently no one can be told what law school is. You have to make the mistake yourself.

The ability to learn from other people’s mistakes is a mark of intelligence, but it’s not a skill shared by your average prospective law student. Despite an internet full of information, they continue to make the same mistakes when it comes to choosing a law school.

The fact that prospective law students quickly learn the error of their ways when they become actual law students only seems to emphasize their failure. By January, I’ll start getting the first emails from 1Ls saying, “I wish I had read you before I decided to go to law school.” By springtime, people who shouldn’t have started in the first place will be asking me whether they should drop out. By the time people graduate, they’ll be experts on all the things they should’ve thought about before matriculating to law school.

Kaplan actually has a new study out that confirms this obvious reality….

double red triangle arrows Continue reading “If Law Graduates Had It To Do Over Again, They Wouldn’t Be So Stupid”

Before I provide some advice on client relations that will be deemed “totally wrong” by some and “good advice” by me pretending to be anonymous, I wanted you all to know that I bought a wireless printer that allows me to send documents from my phone, wherever I am, to my printer at my office. Although I currently have no use for this feature in my law practice, and haven’t in 17 years, I hope this puts me in better stead with those of you that think I hate tech.

Now let’s talk about clients, for those of you that have some.

The core of running a practice is machines and toys clients. That you are able to do competent work for clients doesn’t matter if you are not versed in the retaining and retention of them. The retention of any client starts at the initial contact, not when they come to your coffee shop office with a check. For those of you who have practices where you never meet with clients, your initial contact with them (unless it’s them using your website as an ATM to buy documents) is even more important.

While you may be in a position where the client is only calling you, most clients are calling several lawyers. Regardless, you are now auditioning for the job. That audition begins at the very moment you first speak to the client, or the person calling for the client….

double red triangle arrows Continue reading “The Practice: Engaging the Client, Before and After You’re Retained”

Now that classes are back in session, I really hope some professor at Cardozo Law School pulls Benula Bensam aside and tells her that her keeping the story about her passing notes to Judge Jed Rakoff (S.D.N.Y.) alive is probably not helping her chances of securing a legal job.

You’ll remember Bensam as the student who got reprimanded for passing notes to Judge Rakoff during the Rajat Gupta trial. She went on to sue federal prosecutors and marshals for a number of claims arising out of largely standard courthouse security protocols. As we’ve previously discussed, upon leaving the courthouse Bensam wanted her cell phone back and had problems getting it.

Judge Andrew L. Carter (S.D.N.Y.) kicked most of Bensam’s case today, but he did give her leave to file an amended complaint on one issue.

For her sake, I hope she doesn’t take it…

double red triangle arrows Continue reading “Law Student Doesn’t Totally Get Shut Down In Quest To Make Her Note-Passing Mistake Live On Forever”

Fair is fair is fair: Two weeks ago, I wrote about how to drive partners nuts. Last week, I wrote about how to drive associates nuts. Today, I’m continuing along the lawyers’ food chain: Secretaries (or “administrative assistants”) — it’s your turn: How can you drive your boss nuts? [FN1]

First: Your time after work is yours, to tend to your family, watch TV, go clubbing, or whatever. So you have to handle all of the other stuff — like making appointments, chatting with out-of-town friends, shopping, and the like — during work hours. Happily, the telephone and computer at your desk are all the equipment you need. So do all your shopping on-line during business hours. Talk to your friends, post stuff at Facebook, and surf the web from your office desk.

That does three things for you. It gives you more free time at home, to spend as you like. It helps to pass the time during work hours. And — best of all! — it’ll drive your boss nuts! Every time your boss walks up to give you a project, just click away from Amazon.com and whisper “gotta go” into your receiver. Your boss may not notice and, if he does, you’ve just pushed him one step closer to the edge, which is, after all, the name of this game. Use your time at work intelligently; use it to handle all of your personal affairs.

Don’t just fritter away your eight hours a day at the office. Also, nibble around the edges. Leave the office at 4:55 without telling your boss. Maybe she won’t notice, and she’ll surely never come frantically looking for you seconds after you’ve left. Sticking your head in the door and saying good night would just tip her off that you’re cutting out early; don’t do it!

Also, remember that Mondays and Fridays during June, July, and August are meant to be taken as sick days. If you take them regularly, your boss will get used to this, and he’ll become more efficient, doing all of his work between Tuesday and Thursday. He’ll probably thank you for this.

How else can you drive your boss nuts?

double red triangle arrows Continue reading “Inside Straight: How To Drive Your Boss Nuts!”

Page 33 of 651...293031323334353637...65