I try to approach new relationships without an express agenda. In my experience, business has always come from relationships indirectly, and unexpectedly. Looking back at my firm’s engagements with 20/20 hindsight, it is undeniable that positive relationships led to the work. But that was impossible to predict looking forward.
For example, lunch with a casual acquaintance became a friendship and led to a very lucrative engagement when he later developed a conflict. I could not have predicted at the time how the lunch would later lead to important business.
In fact, had I approached the lunch with a strict agenda, I never would have formed the friendship or subsequent business. Instead of meeting with the goal of developing business, I met with the goal of having a nice lunch. It is a well-known irony that sometimes it is easier to get something when you stop trying so hard…
Whether you are a partner or associate, working in Biglaw or in a boutique, the key to success is developing a book of business. And the key to developing business is to focus instead on developing a book of relationships. As I wrote before, “business is an engagement, a lawsuit, a transaction; it is measured in money. A relationship is a connection with a human being. A book of business is virtually impossible for an associate to build. A book of relationships is available to first year associates and partners alike.” No matter how good a lawyer you may be, people still want to do business with people they know and like on a personal level…
I recently attended a reception for prospective students who had been admitted to the University of Pennsylvania Law School. It was a great event which was graciously hosted by superstar Penn Law alum John Wilson of Shearman & Sterling.
I’m a huge fan of Penn Law for too many reasons to list here, and I tried to convey some of my enthusiasm to the prospective students. (Had I known at the time, I would have included Penn’s distinguishing and commendable compliance with ABA transparency standards.)
I remember when I had attended the admitted students reception prior to committing, way back in 1996. At that reception I met then-Dean Colin Diver, who asked me what other schools I was considering. I told him, and added that I had not yet heard back from Stanford, my top choice…
I recently met with Keith, a long-time friend who worked for years in Biglaw before leaving the practice of law entirely. We were reminiscing, and he reminded me of an incident I had forgotten about:
He had worked on an appeal in which the amount at stake exceeded $10 million. He spent dozens of hours conducting legal research and probably another 100 or so writing the brief.
He finished his draft months before the brief was due. So when he turned in the brief to his supervisor, it was not immediately reviewed. Every week or so, Keith would send a reminder, but the weeks turned into months.
Keith planned to file the brief with a Court of Appeals on the East Coast via Federal Express. E-filing was not yet available and, in any event, onerous binding of the exhibits and other requirements made that impossible.
Lawyers love to give advice. They seem to have an opinion about everything. Lawyers even love giving advice to other lawyers, if for no other reason than they like to gratify their egos. Thus, there is no shortage of advice for junior lawyers about how to most effectively practice law, nor is there any shortage of advice on how to establish and run a small firm or boutique legal practice.
Often, however, the advice is easier said than done.
For example, many scoff at those who fall victim to some version or another of a “Nigerian scam.” We especially shake our heads when the victims are lawyers. But ignoring seemingly obvious scam emails often is easier said than done.
My six-year-old is never satisfied. If I offer him a piece of candy, he asks if he can have two pieces. If I tell him he can watch a 30-minute TV show, he asks if he can watch a 90-minute movie.
As annoying as that can be, I have a grudging respect for his persistence. In my opinion, his attitude exemplifies the kind of approach I think makes for a successful lawyer, not to mention running a successful business.
Refusing to be satisfied pays dividends in terms of your professional development. At the same time, the instincts of a six-year-old may be counterproductive. For example, when a case resolves unfavorably, our knee-jerk reaction is to blame forces beyond our control. You lost because the jury got it wrong, or the judge didn’t understand something, or the client didn’t tell you something. The words come out like an angry stream. There are a dozen rationalizations for why it was anyone’s fault but your own. Hopefully, when the heat cools down, and you find your mind, you will ask yourself what you could have done differently.
But I think what is less common, yet equally valuable, is going through this exercise even when a case resolves favorably. There is always room for improvement, and a post-mortem debriefing always makes sense. Rather than being satisfied with reaching a great settlement, or a great victory at trial, it behooves you to consider not only what you did right, but what you might have done differently….
I was grateful that Quinn Emanuel sent me to Los Angeles for a multi-week long, intensive trial advocacy training program. The instructors were incredible and the program overall was one of the most valuable training experiences of my career.
Some of the sessions featured practice drills followed by critiques from practicing attorneys. In one of the sessions, that “mentor” role was filled by a junior partner in a well-known firm. He had long, wavy hair and wore a tight silk shirt with the top several buttons open, exposing his chest hair and gold chains. His cologne should have been arrested for olfactory assault. If you think of a 1980s hair-metal band you will get the right idea.
Creepy-looking Mentor was constantly flipping his hair and paying far too much attention to the young, female associates. (He seemed to think it was particularly important to help them with their cross-examination posture, as he made a point of standing behind them and guiding them like a golf or tennis pro might do.)
Even though the program was only “practice” — cue Allen Iverson — there was a lot of pressure because many firm partners were there watching and, presumably, evaluating us. In this particular session, the associate doing a cross examination was very nervous, and visibly shaking. When the associate was finished, Mentor said he had a relevant war story he thought would be helpful to share, and did so….
“I am having a root canal this morning, so I’ll be working from home.”
Some attorneys use the expression “working from home” to mean that they are mostly taking the day off for one reason or another. In other words, they really mean that they are “not working.”
Other times, “working from home” really means “I’m still working, just not in the office.” I might do this, for example, to avoid a long commute or because I can better tackle my project at home, perhaps because my home will offer fewer distractions.
Assuming that “working from home” means that you still are working, albeit in a different physical location, should a firm care when or whether an attorney comes into the office, provided nothing time-sensitive needs to be accomplished that day?
Some attorneys think they are unable to transition from Biglaw to opening a solo or small firm boutique because they lack the ability to generate business. They might think, “If I can’t generate business at my current firm, with all of its vast resources, goodwill, and prestige behind me, then how could I ever hope to generate business on my own?”
This kind of negative thinking is pernicious, and based on a number of fallacies….
For as far back as I can remember, the arrival of a new year has been an occasion for me to reflect on my life, where it has gone, and where it appears to be going. Many times I would spend New Year’s Eve simply being grateful; more recently, it has been an occasion to try to see a little furthur [sic].
This year, for the second consecutive year, our firm was approached by an Am Law 100 firm to explore the potential of our being acquired or otherwise merging. These overtures are flattering. They also intensify my annual ritual of considering my path and the choices I have made.
I have written before about some of the differences between Biglaw and small. My perception of those differences, however, has changed quite a bit in the nearly four years since I left Biglaw to help start a boutique firm. Our firm also has changed so much from one year to the next that my calculus of the pros and cons of Biglaw also has changed….
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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