Partners love to emphasize to candidates who are interviewing that their firm provides not only “early responsibility,” but also abundant “client contact.” Associates who interview eat that stuff up. “Client contact” sounds like the epitome of what being a lawyer is all about.
But sometimes client contact might not be all it’s cracked up to be. For an associate, talking to a client often has little short term upside and lots of potential downside. If you give good advice, the partner is likely to take the credit for it. If you give bad advice, you better believe you will take the blame.
Once an attorney is blessed with significant client contact, they learn rather quickly that the much-vaunted experience can be rather overrated. More times than not, a ringing phone does not a happy lawyer make. Just consider some of the reasons why clients are likely to be calling….
Associates generally don’t have much room to negotiate salary or benefits in Biglaw. Beyond paying a premium for specialized skill sets (e.g., an engineering degree) or pedigree (e.g., a former Supreme Court clerk), those firms tend to pay a certain amount per class year with little variance among individuals. Among different Am Law 100 firms, there is relatively little variance. A few firms pay exceptionally well and a few others lag below market, but all the Am Law 100 firms have generally similar salary structures.
Not so with small firms, solo practices, and boutiques. According to the Robert Half Salary Guide, for example, the median starting salary for a first year associate at a ten-attorney firm in the San Francisco Bay area ranges between approximately $66,000 and $113,000 per year. That’s quite a spread. Of course, ten-attorney firms also vary so much from one to another that trying to compare salaries across firms often makes little sense.
Small firms thus have considerable flexibility in setting salaries, and associates have significantly more room to negotiate their salaries in the small firm environment. Granted, associates at small firms will tend to make less — sometimes significantly so — than their Biglaw counterparts. Be that as it may, valuing the worth of an associate to a small firm can be complicated.
Often, associates who are used to the Biglaw model both overvalue and undervalue their worth to a small firm or boutique….
I have long spent my Sunday nights watching HBO. When I graduated from law school, The Sopranos was in its first season. More recently, I’ve been enthralled by Game of Thrones. For those who aren’t fans, Game of Thrones is a medieval fantasy series which won an Emmy Award for Outstanding Drama Series, and a Golden Globe Award for “Best Television Series – Drama.” I guess this post needs a spoiler alert, because what follows are some legal lessons I think can be gleaned from the hit series.
That being said, let’s take a look at the six lessons that the legal world could learn from Game of Thrones….
Everyone knows the expression “the grass is always greener on the other side of the fence.” The proverb claims that whatever we don’t have always seems more attractive than what we do have.
If the proverb were true, then we might expect that Biglaw associates would pine to work as solos or in small firm boutiques. But do they really?
It’s no secret that many lawyers are miserable. Some people like Will Meyerhofer have made careers out of trying to reassemble the shattered psyches of victims of Biglaw excesses. But as miserable as an associate’s life might sometimes be, I’ve rarely heard attorneys wistfully musing what it would be like to practice on the other side of the fence, so to speak. Nor do many solo or small firm attorneys often say they wish they worked in Biglaw.
I can’t help but chuckle at the self-rationalizing that seems to overwhelm so many attorneys. Many of them are so cocksure of their career paths and so defensive when challenged, you have to wonder if they doth protest too much. And indeed, although I’m not a shrink, I do have my theories as to why lawyers especially seem prone to criticizing other lawyers whose career paths are different than their own….
As readers of this site’s “Lawyer of the Day” posts everyone knows, lawyers and their clients can be guilty of all kinds of outrageous behavior. Litigation especially, with its inherently adversarial nature, seems to bring out the worst in people.
Bad behavior by lawyers comes in many forms. To non-lawyers, most if not all lawyers are jerks or worse. All bad behavior by lawyers is lumped together. But there are important differences.
A lot of bad behavior should be avoided simply because it is counter-productive. For example, an attorney may refuse to offer voluntary extensions of time to respond to discovery, or to a complaint. Aside from violating a principle of professional courtesy, that behavior also is ultimately self-destructive. In litigation, what comes around goes around, and granting extensions of time that will not prejudice your client is a prudent way to ensure later modest courtesies for yourself when needed.
Declining modest extensions to respond to discovery requests is especially unwise, as the responding party can always just serve objections, with the intention of serving substantive responses before a motion to compel can be filed. Because there is no instantaneous remedy for a failure to serve substantive responses, you often have little to gain by refusing a request for a modest extension of time.
Continue reading to find out when bad behavior crosses the line….
Smaller firms which compete with their Biglaw brethren on cost often promote their efficiency and lower overhead. Understandably, these firms impliedly or expressly try to associate lower overhead with lower fees for their clients. Smaller firms have been so successful with this approach that overhead often seems to connote waste and inefficiency. But overhead is sometimes a necessary evil, and it behooves small firm entrepreneurs to remember the “necessary” aspect as well.
For example, forsaking a physical office in favor of a virtual shop obviously lowers a firm’s overhead and allows the firm to offer lower fees. But many people, including me, have written about the several benefits of having a physical office. I pointed to benefits such as credibility with clients and other lawyers, and helping yourself stay motivated and focused. This is an easy example of how lower overhead may impose a hidden cost on the business.
Of course, the biggest overhead expense for most law firms is payroll. Limiting the number of employees is the surest way to keep expenses under control. But is it always the right move?
Once upon a time there lived a fisherman named Jay Dee. Every day Jay went to Lake Beeglaw to fish. Lake Beeglaw was the biggest lake in the entire country, and it was home to the biggest fish. Just one fish from Lake Beeglaw could feed a family for weeks. Consequently, Lake Beeglaw was the most popular fishing lake in the country.
But fishing at Lake Beeglaw was hard for Jay. Because the lake was so popular, Jay had a very difficult time even finding a place to cast his line. Jay had only a small canoe, and the bigger and more established fisherman all had big commercial boats. Whereas Jay used a simple fishing reel, many of the other fishermen used nets. Jay sometimes went weeks without receiving a bite, much less catching a fish.
One day, Jay decided to leave Lake Beeglaw and find another, less crowded lake…
I was shocked to discover that “[a]ccording to the Lawyer Statistical Report, only 14% of attorneys are employed in large law firms of more than 100 lawyers. The large majority of attorneys (63%) and law firm employees work in small offices of ten attorneys or less.”
I have no idea if those numbers are accurate. But the reason I was shocked is because the report should have said, “ten attorneys or fewer.” “Fewer” is proper when referring to countable items other than time, money or distance. “Less” is proper when referring to things that generally are not counted.
OK, maybe “shocked” is too strong a word, but I do cringe every time I’m in the grocery store confronting the grammatically incorrect express lane of “10 items or less” instead of the proper “ten items or fewer.” Conversely, I always enjoy reading ATL’s “Grammer Pole of the Weak” column that explores some technical grammar debate. I usually have an opinion no matter how arcane the question.
I can trace my own fascination with words to the first time I read George Orwell’s novel 1984 [affiliate link]. Before it became an Apple commercial, the book was a moving exploration of the vast power of language and the relationship between words and ideas. The hero of the novel was employed to edit books and newspapers and remove words that had been banned. The political and social role of “Newspeak,” the state-imposed language, was a central theme.
My fascination with words continued in college where I studied speech. With oration, at its best, your words could glow with the gold of sunshine. At its worst, your tongue is twisted with words half spoken. But I majored in philosophy, and especially the philosophy of language. Law, with its supposed emphasis on logic, language and speech, seemed a natural fit for me.
After all, as lawyers, words are our stock and trade. What is an argument but a collection of ideas, expressed in words, intended to persuade?
The attrition rate in Biglaw is legendary. Since the recession hit, associates are less likely to voluntarily abandon a six-figure job and more often believe that you don’t get up and go until they throw you out the door. On the other hand, since the recession hit, associates are less likely to have any choice in the matter should their firm feel the need to reduce headcount. But especially during the boom years when I began practicing, associates frequently left their firm gigs to do all manner of things, from going in-house, to starting a private practice, to hiking across the country, or moving to Nepal.
I worked in large and medium-sized firms for nearly a decade, and during my tenure, I saw an awful lot of associates come and go. Rarely if ever was I surprised to hear the news. In fact, I was usually surprised that others were surprised. In my experience, there are certain tell-tale signs that an associate is crafting a farewell email….
I’ve known some lawyers to proudly proclaim that in litigation, they leave no stone unturned. They boast that they will pursue every defense, review every document, and raise every argument. In doing so, presumably, they assure victory. They strive to win at any cost.
This approach makes sense when a well-funded client faces bet-the-company litigation. In that case, of course, a lawyer should pursue every possible path to victory, even if a particular path seems like a long shot. It may cost a lot to win, but even more to lose. In these cases, the economic interest of the attorney and the client are aligned. If the amount at stake warrants it, the lawyer can work the case to the max, and the client is happy to pay for it.
But smaller firms handling smaller matters know that many times, winning in litigation is relative to the amount at stake and the fees incurred. Every client is initially delighted to receive a favorable verdict at trial. But when the heat cools down, and only the bill remains, even the winning client may resent his lawyer when he reflects on the price he paid for his “victory”….
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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 asia@kinneyrecruiting.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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