Career Advice

A few months back at my home blog, MyShingle, I wrote about a small Michigan law firm that sued a legal marketing company for fraud and RICO violations, alleging that the company created a “bogus Internet marketing program, supposedly designed for small law firms and sole practitioners” and duped firms into participating in the program through a series of misrepresentations about the company’s ability to boost law firms’ Google rankings. The lawsuit is still pending in federal district court in Arizona (Docket No. 2:13-cv-01502).

Though few expressed sympathy for the firm, suggesting that it was greedy or foolish to fall for the marketing company’s “infomercial-like” sales pitch, in my view the lawsuit raised a valid question: Should law firm marketers, practice management advisers, and other vendors pitching services to improve law firm performance remain accountable, at least to some degree, for the results?

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Key to writing a self-help piece? Pictures of bland smiling people.

Self-help books are amazing. So simple, so pedantic, so lucrative. If I could muster enough “human compassion,” I’d get in on that action. But, as is I’ll have to stick with mocking dumb lawyers online. It’s a living.

A self-help book for lawyers is out and boasts some advantages for lawyers choosing to live a “wellness” lifestyle.

If you’re wondering what “wellness” means, it’s kind of a catch-all pop psych term for “not being a f**kup.” Glad I could help out….

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What’s the key to good writing?

It turns out that it’s also the key to giving great speeches.

And to making great pitches for new business.

And to impressing clients, and your boss, and anyone else who matters to you.

Now that I think about it, it’s not a bad guide to planning your business development activities, ginning up theses for your articles, and plotting your blog posts. It would be a great way to design your firm’s website, too.

Eureka! The key to all professional success on earth!

And, of course, it’s just common sense . . . .

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Ed note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Kate Neville, founder of Neville Career Consulting, offers helpful tips for law school graduates who would like to expand their career options.

Many lawyers who are dissatisfied in their jobs have long thought about doing something other than practicing law but feel stuck where they are because they don’t know what they want to do or what other types of jobs they would be marketable for.

Some in this position are paralyzed because they feel they have to be certain of what to do next before they let anyone know they might want to leave the field, concerned that doing so conveys a sense of failure or that they aren’t good at being a lawyer. Others apply to any and all postings they think they could qualify for because they want out of their current situation — and are increasingly frustrated when they get no responses.

These attorneys are often similarly frustrated by the limitations of the resources they turn to for guidance on how to move from Point A to Point B, and what to do if you don’t know what Point B is.

Continue reading at the ATL Career Center…

Keith Lee

I was sitting in my office yesterday afternoon when my phone dinged. It was one of my law partners. He had sent me a picture of our other partner standing in front of an auditorium with about seventy-five people in it. They had gone to one of the local law schools here to speak about dealing with clients. Like many other law schools, this law school is focusing on providing their students some manner of real-world experiential education in the elusive hopes of making students “practice-ready.” An impossible task, but at least students are exposed to practicing lawyers, even if just for a day. I mean, it’s better than a seminar on Harry Potter and the Law.

After speaking for a bit, they took questions from the students. Eventually, someone asked what to do about a difficult client. The response?

“Double the retainer.”

After the crowd chuckled, he added: “In all seriousness, double the retainer.”

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That law firms are all about talent is a commonplace. Too bad that so many lawyers seem to have an uncanny knack for knocking the wind out of the sails of the most spirited contributors.

I dare you to tell me that you don’t recognize at least a few colleagues who exhibit some of the behavior described in The Three Habits of Highly Effective Demotivators, just picked as one of the top posts of 2013 on Booz & Company’s “Strategy & Business” publication. If these colleagues are at your firm now, you know what to do; if they used to be at your firm and you took the necessary measures, congratulations. (Just be on alert that you may have to do it again.)

The author uses the example of a real, but disguised, high-tech startup in the academic sector, whose CEO—otherwise brilliant—was referred to internally, sotto voce, as “the DM,” standing for “the DeMotivator”:

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Laurence Tribe

* Great music can inform great persuasive speaking. That’s why Larry Tribe always cranks up YYZ on a loop when prepping for an appearance. [Katz Justice]

* If you’re a law student planning for your summer job, this is an absolutely can’t-miss guide. “Be Fashionably Late To Everything To Demonstrate Your Value.” If only this had been around when I was a tyke. [BigLaw Rebel]

* If you’re a 1L thinking about what to do this summer, consider applying for a 1L Diversity Fellowship at MoFo. Maybe don’t follow the last item’s advice if you go for this. [MoFo (disclosure: ATL advertiser)]

* The attorney for convicted Steubenville rapist Ma’lik Richmond probably should have just kept his mouth shut. [Jezebel]

* Who needs domestic surveillance when the next generation helpfully posts all their crimes online. [IT-Lex]

* With courts in Utah striking blows for gay marriage and tolerance of religious polygamy, Professor Edward Zelinsky asks if it may not be time to junk the whole civil marriage thing altogether. [Oxford University Press Blog]

* Congrats to Forbes’s 30 under 30 for law and policy. As Orin Kerr noted on Lat’s Facebook page, “I am looking forward to the Forbes ‘Top 10 Lawyers Under 10.’” [Forbes]

* This isn’t a law school, but this is probably what those deans did over the break. Video after the jump…. [TaxProf Blog]

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Keith Lee

A new year means new beginnings, new goals, new ideas. There is a desire to hit the reset button on well-tread patterns of behavior. This can often lead to uprooting worn methods of doing things and casting aside old habits. This can be just as true in a firm as it is in your personal life. Especially if you are new to a firm.

But of course, the problem is that law firms, big and small, are bastions of doing things “the way they’ve always been done.” Change is often not welcome. For example, look at the continuous stream of complaints about legal writing (Hereunto, wherefore, premises considered, three (3) forms…). If you’re a square peg, you’re going to be hammered into a round peg whether you like it or not. The same can be true for the manner in which matters are handled within your firm. Perhaps there is a set process for handling a routine matter, something that was put in place ten years ago and does not take advantage of modern workflow procedures. Coming in with a fresh set of eyes and understanding of computers and technology, perhaps you see a way in which to improve and build on it.

Or the firm uses a standard template for certain motions, or they give you a boilerplate contract for a certain type of real estate deal that they’ve done before. You look over the contract and find some arcane phrasing and a seemingly unnecessary clause. You see the incongruities and think you can fix them.

The problem is that you are likely falling victim to the fallacy of Chesterton’s fence….

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Ed. note: Please welcome our newest columnist, Gaston Kroub of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique here in New York. He’s writing about leaving a Biglaw partnership to start his own firm.

One of the criticisms leveled at Biglaw attorneys is that they do not have a lot of “real” experience — and as a result are somehow lesser lawyers. Biglaw litigators in particular are ripe targets for such remarks, even more so than their brethren in corporate, real estate, or tax. While it is often true that a Biglaw litigator will have much less trial experience or even “on their feet” courtroom experience than a criminal defense attorney, blunt attacks on a Biglaw litigator’s technical skills usually reflect more on the person making the criticism than the subject of that criticism.

For what litigation in Biglaw lacks in terms of volume, it more than makes up for in terms of scope and scale. The crucible that a series of high-stakes litigation matters subjects a Biglaw attorney to is just as capable of forming a highly-skilled litigator as a high-volume personal injury practice. Yes, there are good Biglaw litigators and bad ones, but that is a function of the lawyers themselves, rather than Biglaw’s ability to produce capable litigators. One can even argue that the Biglaw experience makes a better litigator, on average, than someone who learns their craft on a different track.

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I find New Year’s to be a fairly depressing time of year. The calendar demands that you reflect on everything in your life over the previous, arbitrary, and finite period. And if you are naturally cynical, depressive, or even just ambitious, that reflection and self-assessment reveals flaws and unrealized potential.

It’s why the whole “New Year’s resolution” phenomenon is a thing. Every New Year’s resolution can be reduced to “I think I suck, tomorrow I’m going to try to not suck.” And, of course, New Year’s resolutions tend to be either petty or wildly unrealistic. If you can look into your soul and decide that the most important “self-improvement” you can make is to lose ten pounds and fit back into your wedding dress, I kind of hate you. But if you find yourself looking in a mirror thinking “okay, January 1, no more cocaine,” as if you can muster the Earth’s orbital transit to aid you in freeing yourself of addiction, then you’re also very annoying.

What I’m trying to say is that I’d bet that the seeds to the most terrible and irrational decisions to go to law school are planted on New Year’s (or your birthday). I have no evidence to back up this opinion, but “I’m going to do something with my life and go to law school” seems like exactly the kind of desperate thought that makes a lot of sense to people when the calendar demands they spend a lot of time gazing at their own navels.

Going to law school should be an intermediate step in a long-term plan, not the first step in a “changing your life” plan you’ve concocted because 2013 sucked and you don’t know what else to do with yourself. If you find yourself considering law school because your life looks like this guy’s, who’s jobless and living in his mom’s basement, STOP. BACK AWAY FROM THE LEDGE, have some Cold Duck tonight, and know that the blues will pass and that there are better ways to spend $150,000….

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