Career Advice

Moonlighting: Getting Business People to Listen to You

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Holiday season is in full blast now, so what better time to discuss traditional end-of-year topics like performance reviews, gifting at the office, and what it’s like to advise business clients. Okay, so maybe that last one’s not quite the merrily common topic at around this time. But I’m already getting weary of all this have a happy holiday however it is you celebrate, and here are also some brand-spanking new year wishes thing, so bah. This is what we’re talking about today.

How companies expect their lawyers to advise them differs among companies. If you’re lucky, you work among people who appreciate and value lawyers for both their legal advice and their business sensibilities. (And if you’re really lucky, among people who are strangely okay with you blogging on an occasionally gossipy legal news site.) Business people who listen to your legal and business advice may respect that you work across several business units and get to see stuff that the individual groups don’t. Or they may just blindly trust you. That works too (for you).

At other companies, business people just want the in-house lawyer to stay focused on talking about legal issues and only legal issues, and don’t want to hear about any of the non-legal perspectives the lawyer may have to offer. And of course, there are other business people who don’t even really care for listening to any of the legal stuff (this may pose a bit of a problem if lawsuits or jail are some of the things they are interested in avoiding).

To be fair, the level of appreciation that business people have for their counsel’s advice, whether legal or non-legal, depends a lot on the individual lawyer’s capabilities….

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Successful Lawyer Exhorts New Lawyers To Be More Successful

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Harvey Dent was a lawyer who made his own luck. How did that work out for him?

I think one of the biggest differences between Republicans and Democrats (beside, apparently, gun ownership) is that Republicans tend to worry about making the world safe for successful people, while Democrats are a little more worried about making the lives of unsuccessful people not so crushingly terrible. I’m not talking about specific policies, so much as I’m talking about attitudes. In broad strokes, Republicans want people to pull themselves up by their bootstraps, and Democrats are worried about the people who don’t have any boots.

What I just said above isn’t a new idea, but I think that kind of dichotomy is playing out in responses to the legal job market, somewhat regardless of party affiliation. There is one group of people who are a little more concerned with how a young graduate can make it in these challenging times, and there is another group of people who are more worried about the masses of people who won’t “make it.” Unlike national politics, I don’t think there are obviously right and wrong perspectives on this, I just think that it’s more useful to focus on the structural problems that cause so many to fail, as opposed to the happy circumstances that lead a few to succeed.

It’s not going to surprise anybody that a prominent conservative commentator, Ted Frank, has a different perspective than I do….

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Messing With Chief Judge Kozinski

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Chief Judge Alex Kozinski at Yale Law School

Last week, Chief Judge Alex Kozinski paid a visit to Yale Law School, where he made two public appearances. He had a Charlie Rose-style conversation with Noah Messing, YLS’s Lecturer in the Practice of Law and Legal Writing, and then he did an event with the Federalist Society, moderated by a current student, Jon Fougner.

Let’s hear what His Honor had to say, about a wide range of topics — his favorite opinion of his, tips for getting ahead in the legal profession, advocates who have impressed him over the years, why you shouldn’t take your mother to your oral argument, and why you should read Playboy (hint: it’s not for the articles)….

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Moonlighting: How Not to Network

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You know that there are a lot of holiday parties going on when planning to hang at another one starts to feel like a burden. Even if there’s karaoke involved. This is what happens when bar associations seem to have forgotten that there is now newfangled technology such as email and phones that can be used to avoid scheduling their holiday parties all during the same one week in December. Yes, I’m looking at you, NY/NJ minority bars.

Networking in festive environments is kind of like opening a nicely-wrapped holiday gift. It’s out of the ordinary and there’s a bit of surprise involved. But as with gifts, you don’t find out until after you’ve engaged someone new in conversation whether it’s just what you were hoping for or kind of… meh.

As with many things in life, preparation is key. Preparing for cocktail schmoozefests is easy. Look your best — clothes, hair, teeth — looking fabulous will help you to feel more confident as well. Have an interesting elevator speech ready and bring lots of business cards.

And please avoid these networking blunders….

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Inside Straight: The Managing Partner On Billing Time

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First, a shameless plug: Here’s an interview in which Ari Kaplan and I discuss “Inside Straight and the Impact of Getting Published on Professional Success.” (That’s Inside Straight, the book, not Inside Straight, the column, although I guess I see the room for confusion there.)

But enough of that. Let’s hear from the managing partner of our law firm:

Ah! Orlando in March! What a fine time and place for our annual firmwide retreat.

I want to welcome everyone to this magnificent resort, and I want to take this opportunity to say a few words about a subject that’s dear to our hearts: Billing time.

To paraphrase Sir Thomas More in “A Man For All Seasons“: “When a man [fills out his timesheets,] he is holding his own soul in his hands like water; and if he should open his fingers then — he needn’t ever hope to find himself again.”

For the junior associates in the crowd, consider this: You will, at some point, have a slow month. You’ll get nervous that the firm will punish you for not having billed enough hours. To protect yourself, you’ll be tempted to borrow from the future. You’ll think that, if you add just four hours to this month’s time, you’ll have hit your billing target. If you charge those four hours to your largest client, no one will notice that you’ve slightly padded the bill. And you’ll figure that you’ll make this up to the client in some future month; you’ll work four hours some Saturday morning that you won’t write down, so the client will come out even in the long run. “That’s not really fraud,” you’ll think, so you’ll have eased your conscience. . . .

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From the Career Files: Getting Your Work Done (Part One)

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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, in the first of a two-part series, Joshua Stein gives some practical advice on how manage your workflow.

As your work piles up, you will often feel as if you can’t possibly finish it. Each project seems overwhelming when you think about it in the abstract. And as soon as you start work on a new project, and figure out what it will actually require, it can become even more overwhelming.

This article and its sequel share a few techniques I use to help gain some control over my workflow. Few of these ideas are original, but I’ve included my own variations and suggestions.

A. Managing Everything. You will feel less overwhelmed if you protect yourself from feeling physically overwhelmed by the projects on your plate. For example, don’t cover your desk with piles of active tasks. For each active task, collect the various pieces of paper in a folder. Put all your folders away. Keep a “to-do” list of all your active tasks — every one of them — without writing other reminders to yourself anywhere else. Your to-do list should include everything. My own to-do list consists of a Word document with three columns: client work; other work; and personal projects. First priority tasks go to the top of each list. Some people use Outlook or even dedicated software. In any case, keep track of what you need to do and your priorities in a way that you don’t unintentionally leave anything behind. You should, however, also stay flexible in reordering and adjusting the list as you go. Regardless of format, a to-do list will help you feel more in control of your agenda, inviting you to set priorities and take each job one at a time. It’s far better than living with a chaotic physical mess that constantly taunts you about what you haven’t done….

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From Biglaw to Boutique: Cream of the Crop

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Brian Tannebaum, my fellow small-firm columnist, recently described as silly the notion that “success in the law doesn’t come from good legal work.” I agree with Tannebaum that success requires far more than “being able to obtain a volume of calls from a fake presence, a creation of a ‘brand,’ and trying very, very hard to get our hand to the top of the baseball bat of the internet.” But I also think that success doesn’t come just from doing good legal work. In my experience, the most talented lawyers often are not the most successful, at least by traditional definitions. Nor are the most successful lawyers the best lawyers.

For Biglaw associates, success is usually defined as making partner. Anonymous Partner recently wrote that when you make partner in Biglaw, you “occupy a new professional status, and the nature of making partner is such that no matter how badly you screw up the rest of your life, you have accomplished something very rare. It is a life milestone, on par with getting married or winning the lottery in terms of its immediate alteration of your identity.”

And who makes partner in law firms? The best writers? The best oral advocates? The most thorough? The hardest working? The most efficient? Not necessarily any of the above.

Partnership decisions vary from firm to firm, and I am not so cynical to suggest that merit plays no role. Obviously, “merit” always plays a role. It’s just that what is meritorious is in the eye of the decision-maker, and that differs from what many associates might think is most important….

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Inside Straight: Creating Dual Career Tracks

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Some years ago, information technology and research firms realized that they could thrive only by attracting and retaining employees with two very different skill sets. These firms needed both great scientists and great managers.

Great scientists, however, were being undervalued, while great managers were being given too much dignity. In many corporations, the more people under your supervision, the more authority, respect and, often, pay you command. How could IT firms keep pure scientists — who loved thinking great thoughts and creating great inventions, but loathed managing people — happy? Wouldn’t those folks become frustrated as they saw their peers — less able scientists, but great managers — move ahead in the ranks?

Those firms pioneered the idea of creating dual career paths. One path was the standard route to success: Manage people; control a P&L center; prosper.

But the second path was the innovative one: Lead specified projects; work with key clients; generate new ideas; prosper equally!

After the IT firms blazed that trail, sales organizations soon followed suit. Those outfits needed both great sales people and great administrators. So they created dual career paths, offering routes for advancement (and power, and riches, and corner offices, and all the rest) to both types of people.

Isn’t an analogous dual-career-path model worth considering, both at law firms and in-house law departments?

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House Rules: Time Out

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It is that time of year when the treacle runs thick. Nostalgia can lead to the blues that can lead to a bout at P.J. Clarke’s that leads to a pounding head in the morning. Conversely, some of you are full bore into booking hours for end of year bonuses and have no time for such shenanigans. Then there are the lucky among us who are given money simply for having jobs — starting with Cravathians and the imitator firms. If you are one of those, good on you; there is no bitterness here — envy, perhaps — but not bitterness.

As I began to outline this week’s column I was alerted to some truly distressing news: Dave Brubeck has died at 91. If you had the pleasure, as I did, of hearing Mr. Brubeck in person, you were touched by the presence of an American treasure and true musical genius. Even if you’re not familiar with Brubeck’s music, his signature piece, “Take Five,” would likely be instantly recognizable. Brubeck was an inspiration for his artistry, yet was a self-effacing and quiet individual. When I was fortunate enough to see him perform, he ambled ever so slowly to the microphone to say a few words. One was concerned the man would topple over given the frail nature of his shuffling. After saying a few words, he’d shuffle back to his piano stool and the power of some greater being would generate through his fingers. He seemed like a man that you would wish for in a grandfather. Of course, news broke today that Charles Schulz had an ongoing affair, but I digress.

The point is that there are some folks who just exist on a different plane from the rest of us, and whom, for better or worse, we treat as heroes. The same can be said of several attorneys in my career. I am certain that each reader could submit their own list of attorneys who have mentored, assisted, helped up, or just been there for us as young bucks as we made our way through the profession….

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Buying In: Thoughts on Making Partner (Part 1) – The Personal

By Anonymous Partner

Congratulations to the newly minted Biglaw partners out there. Despite Biglaw’s current problems and murky future, it really is a signature professional achievement. So take a night, or a week, or even two to celebrate. And then get ready to start re-evaluating your entire life, top to bottom. You may not get a better chance, ever.

What am I talking about? Simple. In order to make partner in today’s Biglaw, you have made numerous sacrifices. Whether it be your student debt, your relationships, your waistline, or anything else, your sacrifice has now been validated. You now occupy a new professional status, and the nature of making partner is such that no matter how badly you screw up the rest of your life, you have accomplished something very rare. It is a life milestone, on par with getting married or winning the lottery in terms of its immediate alteration of your identity. A minute ago, you were single. Now, married. A minute ago, you were just another Biglaw associate. Now, you are a partner. Beautiful.

I am not discussing here the “professional” aspects about making partner, such as the need to start building a book of business, and how to handle yourself at the office. You will learn most of what you need to know on that front at your new partner orientation — a gloatfest galore, typically — and you will then spend a career figuring it all out.

Rather, I want to address some of the “personal” ramifications that hearing the good news of your “election” or “promotion” will lead to. Because it would be a shame to waste this golden opportunity to change the things about your life that you are less than perfectly satisfied with….

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