David Mowry

In the Mob, you know a guy is done for when he is asked to “take a ride.” In Biglaw, it’s when the practice group leader asks you to have a drink after work. In-house is different — there is an announcement of restructuring, there is a rumor cycle of what department is getting hit, then there is a waiting period to see which people “take a package” voluntarily, and then the other shoe falls.

It can be unnerving to see people escorted out of an office with a box or two in hand and a security officer following behind. It is scary how quickly a person gets “wiped” from the intranet. They were there this morning, and a few hours later, all email bounces back. Since you are not a manager, you won’t know until there is a knock at your door.

I remember the first time I saw this occur. I was scared out of my mind at the news of “layoffs.” I visited a senior colleague who talked me out of the tree — she had been through too may of these to count and was nonchalant. First, there is nothing you can do if the decision has been made, and second, a bigger corporation means the odds are ever in your favor. Since that first experience, I have taken the advice to heart, but have also taken steps to ensure I can exit as smoothly as possible if the unfortunate ever happens….

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Unlike the latest Harmony Korine movie, filled with neon bikinis, former Disney princesses. and James Franco in bad dreads, my Spring Break consists of hanging with my kids while my wife works 24/7 on a grant application. We don’t make annual pilgrimages to Turks and Caicos; we make bi-weekly trips to Wegmans. But you know what? I signed on for this, and no amount of island sand can replace the sound of my younger boy reading a bedtime story to his little sister for the first time last night.

I read with interest the compensation package for the anonymous in-houser that Lat posted yesterday. In the comments, I pointed out that the package wasn’t outrageous or impossible, just that it was (way) outside of the norm. And that is okay. I chose this life and I am happy to say that it has been a soft landing for me. I have a good job, in a real estate market that is hard to beat — anywhere.

Lat is correct that Susan, Mark and I need to be circumspect about compensation; it would not do for our employers to see a pay scale pasted on these pages. So what can I say about my comp?

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It is common knowledge around ATL that I am a huge proponent of the Association of Corporate Counsel (“ACC”). I have served on their boards, presented at their seminars and annual meetings, and generally participated as much as my time allows. Now, truthfully, this amount of participation has gotten me to Orlando, Los Angeles and New Orleans; all absolutely necessary trips, I swear. But there is another side to ACC than just fantastically run and organized events and parties, and that other side is advocacy on the part of business, and specifically in-house business.

Lat sent me a press release this week focused on an amicus letter that ACC sent to the S.D.N.Y. regarding the plaintiffs’ attorney fees request in In re Citigroup Securities Litigation, Case No. 1:07-cv-09901-SHS. After reading the letter and doing some research on my own, I came to the conclusion (yet again) that I have missed the boat by not practicing plaintiff-side law. These folks are asking with straight faces for what seem to be exorbitant and outrageous fees. Specific to this post and the ACC letter, they argue that contract attorney time (such attorneys normally make modest hourly wages) should be calculated at Biglaw associate hourly rates in order for the judge to arrive at a fee award. To put on my elite intellectual vocabulary hat for a moment, this is crazy talk…

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Some of you might be old enough to recall the “comedian” from the mid-80’s who went by the moniker of Yahoo Serious. He had a nominal hit movie and his career died out soon after. He even tried to collect from Yahoo! for trademark infringement — yeah. Anyway, when learning the news of Marissa Miller’s recent edict (she’s the one with a nursery in her office) that Yahoo!’s telecommuting is about to end, my initial thought was, are they serious?

Now, I don’t know Tom Wallerstein — I know for sure I am no Tom Wallerstein in the writing department — but I will take on this issue of working from home, and its benefits.

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I kicked a hornet’s nest last week by bloviating about an anonymous someone else’s contrary opinion to mine regarding clerking. I banged out a column that I thought was interesting, and furthered my argument that taking a clerkship in this economy is better than being unemployed.

However, at the same time, I unfairly attacked someone with a differing opinion, and for that I am sorry. I have apologized to this person over email, and am doing so now in this column.

Foot in mouth disease seems to follow some of us like the cloud behind Pigpen. I can remember all the way back to sixth grade making fun of Mark something-or-other, for his constant coughing in class, only to be sternly told by the teacher that Mark had a serious illness. I recall making fun of the cashier in a hotel bar (whose bank count was always off) where I was employed in accounting, only to learn that he was a “Mainstreamed” employee. And then, of course there was last week’s column….

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I am well aware of the basement-dwelling commenters who make a bloodsport of decimating each column written here at ATL. Heck, sometimes they make a good point, or more rarely, are funny. But, I admit that I was surprised upon learning that a legal recruiter out there was taking issue with my column regarding experienced lawyers taking clerkships. I looked up this person, who appears to be still in her 20s, and thought to myself, are you kidding me right now? This is 2013, not 1999.

It should have been readily apparent that I was referring to clerking as an alternative to being unemployed. If it was not clear, then mea culpa. My bad. However, I read some of this recruiter’s tweets and was curious if there wasn’t a more nefarious motive behind advising lawyers to think twice about clerking mid-career — specifically, with government positions, no recruiters need apply.

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I was fortunate enough to clerk twice. My judges, and hence my clerking experiences, could not have been more different. I am unable to give factual details, but I can certainly pass on some observations. I am also going to attempt to give you job seekers some tips.

More than any other type of correspondence to my Gmail are queries about jobs. How to get one where I work, how to go in-house, how to leave a firm, when to go back to a firm, how to obtain a clerkship, etc. I want to focus this week on clerkships because I believe they are overlooked by the vast majority of job seekers. I am not preaching here to 3Ls. Future grads have their own system set up by the career center in which blast applications are sent out, only to be thrown in the trash (sorry, I meant filed for safekeeping) by existing clerks. No, I am speaking to the experienced attorney who has found themselves in the midst of a hellish job search. Do not underestimate the clerkship….

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Being somewhat of a jam band aficionado, I inevitably came across the 2003 film “Festival Express.” The film documents the 1970 East to West tour by railroad across Canada featuring the Grateful Dead, Janis Joplin, The Band, and Mashmakhan. I mention the latter because, in my opinion, the relatively unknown band puts on two of the more electrifying performances in the movie. However, while the headliners went on to rock immortality, Mashmakhan broke up after only two albums. After the tour, the trajectories of a pool of very talented musicians diverged, some due to drugs, some to luck, and others for reasons unknown.

And so it goes with law — some to drugs, some to luck, and others for reasons unknown….

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I wrote last week about ideas to build a book of business. My main point was to start small and branch out from there. I mentioned how, as a young and naïve (ok, ignorant) associate, I was quickly disabused of the idea that I would soon be able to waltz into Pfizer and pick up some strands of litigation.

Then I received the following email in my Gmail account. It is a well-written counterpoint to my argument. A partner in New York City argues that starting small is a recipe for staying small.

I reprint his email (largely unedited) below….

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In this new year, since there have been several columns of late of the “confessional” type, I thought I might join the bandwagon. Since the overwhelming majority of inquiries from readers regard how best to market themselves to start to build a book of business, let me tell the truth: you can’t. At least not through me, or anyone in a position like mine.

I just passed my fifth year anniversary with my company, and in that time period, I have assigned a relatively low five-figure amount of work to outside counsel. And of that amount, only a small portion went to a former colleague in my network. The rest went to counsel from a list of approved firms for particular regions of the country. My intent is not to depress you, senior associates who have just realized in 2013 that you really don’t have a book to speak of, it is to get you to read between the lines.

In other words, find the differences from whence I speak, and fill in the holes. Those spaces in between are where opportunities exist for you to start to gain your own clients….

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