Hiring

Let’s say that you started your law firm a year ago, and your business is finally humming along. Meaning that while you’re not taking home a six-figure income, you’re no longer terrified of not making rent.  But lately, you’ve noticed that you’re working more late nights and weekends than you’d like, just to keep pace with the steady influx of cases, law firm administration, and ongoing marketing efforts needed to feed the beast.  Or, perhaps you’ve let your marketing efforts (like networking events, lunches, and blogging) slide because you can’t fit them into your schedule — but you fear that you’ll pay the price later when business slows. Or maybe you wind up working after hours simply because you’re too distracted by client calls and emails during the workday.

Back in the day when I started out, most solos who found themselves in this situation would either (1) suck it up and work more or (2) hire a newbie lawyer, paralegal, or receptionist, even though they might not have the revenues to cover a full-time employee. And in an extreme situation, some overworked solos simply stop returning client phone calls or timely filing motions due to lack of time and got hit with bar grievances. Today, however, solos experiencing growing pains have far more options to manage workflow and help transition to the next level. I’ll explore some of those options, along with the respective pros and cons, in this post…

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Is there really a value to recruiting home-grown associates based on 1L grades? Is there a negative connotation to not competing with the top-tier firms for law school talent? Can firms only fill their “real” needs by looking across the market for lawyers 3 or 4 years into their careers?

There are pros and cons to recruiting associates (and partners) through either method. Let’s take a look at how to build a law firm….

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Ed. note: This post is sponsored by NexFirm. At NexFirm, we see dozens of new firms launch each year, and we seem to bond with both the people and the practice every time around. Their accomplishments feel like our success, and their disappointments, our failures. It makes for a great professional relationship, but it can also be painful when we see them repeat the same, predictable, new firm mistakes — especially ones that can be avoided with some guidance and forethought.

Attorneys who are launching their own firms tend to wring their hands over every small decision and miss the big picture. You feel overwhelmed, so you want to work feverishly to tackle your to-do list. After a long day full of “doing” without much “thinking,” you feel like you’ve really accomplished something. It’s an easy trap to fall into. It’s crucial to be thoughtful about the big things, set time aside to think about them, and treat them like the other action items on your list.

Start with these, the low hanging (albeit important) fruit:

1. Leave, Don’t Quit.

Focused on the unpleasant task of giving notice, worrying that you might piss someone off or — worse yet — be impeded from transitioning matters, you can easily miss the best marketing opportunity you will ever get. Use your resignation to ask your employer to give you business. Beg them, guilt them, scare them, do whatever you need to do, but make it happen. There is no one that knows you and your work better. If you can’t convince them to help you, in at least some small way, you are in trouble…

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The glory days of 2006 and 2007 may never return. They call it the “new normal” for a reason.

But things at least can get better incrementally. And this is what might be happening in the in-house world, according to two new surveys. These studies report that in-house legal departments are increasing both their hiring and their spending — which could be good news for the law firms that service them, as well as all the Biglaw attorneys who dream of making the jump to in-house.

Don’t say that we never give you happy news around these parts….

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Partner, can you spare a dime?

Last week, we discussed the first part of an interesting essay by former managing partner Edwin Reeser that appeared in the ABA Journal. Today we’ll tackle part two.

Are you still depressed after reading in-house lawyer David Mowry’s recent reflections on the legal profession? If so, maybe stop reading here and come back later.

But if you’re willing to wallow, on this Friday the 13th and Yom Kippur, venture beyond the jump….

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Business development sometimes seems like an impossible task. Winning new clients, or generating new business from existing clients, isn’t easy. If you doubt this, check out in-house columnist Mark Herrmann’s excellent column, Nothing You Can Say Can Cause Me To Retain You (explaining all the strategies for trying to obtain his business that won’t work). The challenge of getting new clients explains why so many firms resort to effectively trying to buy clients, by luring lateral partners and hoping their books of business come with them.

But still, every now and then a law firm does get hired by a new client. And every now and then a law firm gets fired by an existing or even longstanding client (even though it’s not easy to displace incumbent counsel, especially if they’re decent).

Why do clients hire and fire their outside counsel? A new survey offers some answers….

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PPP: pennies per partner?

Former managing partner Edwin Reeser is one of my favorite analysts of the legal profession (or industry, as the case may be). He recently wrote an interesting and thoughtful piece for the ABA Journal with a great title: “Law firms in the Great Recession: looking for change in all the wrong places.”

I’m a sucker for a good double entendre. Here, “looking for change” has at least two meanings. First, there’s “change” in the sense of reform. Second, there’s “change” in the sense of “spare change,” reflected in the sad way that law firm are rifling through the couch cushions — de-equitizing partners, laying off associates and staff, and cutting other costs here and there. These marginal steps have helped keep profits per partner up in the wake of the Great Recession, but they’re no recipe for winning the future.

So what should Biglaw be doing to promote long-term success?

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Let’s assume for a moment that arithmetic is true.

This means that the average lawyer is average.

And average is actually pretty bad. (As one of my co-clerks said during the first week of a clerkship, reading a Ninth Circuit brief several decades ago: “This is great!”

“What? Is the brief good?”

“No! The brief is terrible. We are not gonna starve!”)

The average lawsuit thus pits Tweedledee against Tweedledum, and, sadly, they can’t both lose. After the verdict comes down, Tweedlewhoever boasts on his website of another great victory and yet more proof of his talent and expertise.

Twenty years later, what does that look like?

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Give a hand for Biglaw’s lack of diversity.

There’s no question there’s been some pullback [in pursuing diversity]. There are some firms that look at what they have done, they look at President Obama, and they say we’re there.

Lisa Tatum, president-elect of the Texas State Bar, in remarks given to the New York Times concerning the apparent recession-driven downturn in minority recruitment at Biglaw firms.

Imagine that you are an associate at a law firm who is taken out for the “last drink.” And you are forced to deplete your savings, and now you can’t pay your bills, and your credit score suffers — greatly.

Now, imagine that you land an interview. And the potential job has a box on its application that you check — allowing them to check your credit. Ding! So, essentially you can’t get a job because you lost a job, and now you need a job to cover your bills that have accrued since you lost the first job.

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