At a law firm, law matters. Law is the center of the institution’s universe, and it’s all everyone is thinking about.
It’s the other functions that don’t matter: “Another email from IT? Telling me about interfaces and gigabytes? Why don’t those clowns leave me alone?”
“Another email from finance hectoring me about time sheets? Don’t those morons know I’m busy?”
At corporations, law (and compliance) is an “other function.” The businesses are concentrating on their businesses, and law and compliance — along with human resources, information technology, and finance — are, at best, a means to an end. If you mirror the other “shared services” and send incomprehensible communications to the businesses, the businesses will soon realize that you’re just one of the pests, meant to be ignored.
Inevitably, if a business person accidentally steps over some legal line, you’ll hear that the business guy had no clue that the line existed: “Yeah, yeah. Now that you’re telling me about it, I understand that we have that rule. But how was I to know? The rule is buried on the fourth page of some impenetrable policy hidden somewhere in our computer system. I spend my time selling; I can’t waste time trying to make sense of your legalese.”
If you don’t sympathize with that guy, then you’ve been a lawyer for too long. His criticism is not just an excuse for having violated the rules; his criticism may well be the truth. How can you change that reality?
Actually, let me clarify that. Email is a fast, open platform that has universal adoption and has changed the world. It’s convenient and probably how 99% of the people reading this conduct their client communications. But email client programs suck. Most of them are horribly designed and have morphed into unwieldy, user-interface nightmares, mostly due to the broken way most people use them.
If you’re like the vast majority of people, your inbox is a source of work. It’s also highly likely that you also treat it as a storage/repository of work. You begin to attempt to organize it. You start flagging things, creating folders, and soon you’re using your inbox as a task management system. Which is horribly inefficient, and not at all what your inbox is designed for. Furthermore, you’ve likely got your email client set to fetch and notify you on some ridiculous schedule, like every five minutes. Meaning that it’s quite possible that you never get more than five minutes into a task before being interrupted!
With all of the recent advances in technology, even doing the simplest of things can be quite difficult for law school personnel. How hard is it to send an email to prospective students without cursing in the subject line? Very. How hard is it to send an email without attaching the admissions data for a law school’s entire admitted class? Extremely.
Years ago, I heard the frustrated 60-year-old head of an IP department at a big firm complain: “Aren’t there any other IP lawyers at this firm? Why do I have to decide everything?”
The problem, of course, was that his subordinates were on the wrong end of the pushmi-pullyu: They were pulling the senior guy back instead of pushing him forward. My sense is that the average lawyer, either at a firm or in-house, suffers from the same affliction: The average lawyer stands at the . . . er . . . back mouth of the beast.
I recently published a self-assessment test to help you learn whether you were a bad litigator. I’ve cleverly designed another self-assessment test, this one to gauge whether you advance the cause or obstruct it when you work on a legal matter. Here’s the test:
Look at the last email that you sent reporting on a legal development and seeking guidance on the next step forward. How does that email end? For many of you, the last sentence includes one of these two phrases, which prove that you stand at the pullyu end of the beast . . .
In last week’s column, I drew some customer service lessons for lawyers from the way that Disney treats visitors to its theme parks. This week, I want to focus on how Disney incorporates technological advances into its theme parks as a means of enhancing the customer experience.
On my recent visit, I was struck by the presence of two familiar pieces of technology from the “real world” within the Disney parks: (1) Disney’s new smartphone app for theme park visitors and (2) the availability of wi-fi in most areas of the park. Each example illustrates distinct yet relate, approaches to implementing technology for the benefit of the customer. And while I am sure that each took Disney many man-hours to develop, test, and roll-out publicly, it was refreshing for me as a lawyer to see a company of that stature making the investment to do so. It was also a real contrast to my Biglaw experience, where implementing technology in a way tailored to improve the client (and even employee) experience was all too often a low priority….
Grover Cleveland’s excellent book of career advice for young lawyers has a delightful title: Swimming Lessons For Baby Sharks (affiliate link). It nicely captures the competitive nature of the legal profession today.
But the cutthroat competition isn’t for everyone. One high-powered lawyer, coming up on partnership at a top-tier law firm, decided he didn’t want to swim with grown-up sharks. He’d rather go swim with blue whales — quite literally. He’d rather be where the wild things are — and by “wild things,” we aren’t talking about cute drunken paralegals at a post-closing party.
Let’s look at this lawyer’s departure memo — great opening line, or greatest opening line? — and find out how he made enough money to break out of Biglaw’s golden handcuffs….
How many racist emails does it take to brand someone a racist? My personal rule is “one.” If you send one horribly racist email that actually manages to leak out into public discourse, it’s probably not your only one. Seeing a racist email from someone is like seeing a mouse in your apartment: there’s never just one. I believe in temporary insanity, but I don’t believe in sudden onset racism that magically appears once and only once and then disappears forever.
Of course, whenever anybody gets caught in a racist email scandal, they always say that it’s the only one. It’s always “Whoops, that email was racist, but I’m not racist.” The racist email is always allegedly “out of character,” and the person always claims to have shown “poor judgment.” And that person always has some apologists, as if sending one or two racist emails is just something that “happens” in the normal course of business to non-racist people.
That’s what Judge Richard Cebull claimed. In 2012, he was busted sending around a racist email about President Obama. He claimed that he didn’t mean to be “racist” — he just meant to voice his displeasure with the president (as if it wasn’t bad enough for the judge to be taking public opinions about the sitting president).
Some people bought the Cebulls**t. Not me. And Cebull eventually retired. But the investigation into his misconduct continued, and now that investigation has been made public.
Surprise, Richard Cebull sent a ton of racist, sexist, and otherwise inappropriate emails….
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: