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….
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?
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.
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….
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….
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.
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….
It’s the most wonderful time of the year. Bull and S***. If you’re not slaving away trying to get last minute billing hours, you’re slaving away trying to support a crazed population of folks trying to meet year-end sales numbers. It has been a difficult year, at best, for business. Heck, even Apple was downgraded to neutral yesterday. So, here comes the push.
The push is to close every deal possible, no matter the amount, no matter the risk, by 11:59 p.m. on December 31. But our job is to stanch the flow of craziness, is it not? Stay with me here — I am not allowed to collect commission due to a conflict of interest, yet every dollar that boosts our revenue, and thus our numbers for Q4, goes toward the bonus pool from which I directly benefit. If our end of year numbers are strong enough, the analysts punch our ticket into the new year and my options’ value rises. I may be dense (just ask my wife), but I fail to understand the difference from a commission-based return, and a bonus- or option-based return. The end result is the same, is it not? A benefit is conferred upon me based in part on my participation in the process of my sales-side corporation. But I am expected to “push” back.
I cannot, for real reasons, as well as flippancy, express some of the nuttiness that goes on at this time of year. Risks are taken akin to jumping from the high dive toward a half-empty deep end in the hopes that the water will be there in time. And it always ends happily with a splash. But, the troubling aspect to me is this incongruent fallacy of ethics. I am ethically bound to zealously represent my corporation, and at the same time, I am representing people whose very careers are at stake. I am well aware of the order of precedence there, but practically speaking, that line becomes blurred at this time of year, and frankly, I find it to be unsettling to be forced to live a legal fiction….
I often tell the story of my first assignment as a summer associate, to draft a one-page complaint. Two hours later, the assigning partner checked on me and saw that I was still stuck trying to get the index box to align. Shaking his head, he showed me the magic of the firm document library, and the “secret” of cutting and pasting necessary language. Chastened beyond belief, I vowed to avoid reinventing the well-worn wheels of documents. However, once in a while, reinvention becomes a necessity, as the “same old same old” becomes vestigial, and if you cannot coherently answer “why” you are utilizing some form or other, maybe it is time to examine the wheel treads for wear.
Look at the following indemnity clause and decide for yourself how many changes you might make:
[***] at its expense, will defend indemnify, and hold harmless Customer, its parent, subsidiaries, affiliates and their respective members, partners, shareholders, employees, officers, directors, managers, agents and representatives against any and all claims, damages, liabilities, losses, actions, government proceedings and costs and expenses, including reasonable attorneys’ fees and disbursements and court costs (collectively, “Losses”) arising out of, resulting from or relating to [***].
I would remove “hold harmless” and “shareholders,” and limit “any and all claims” to “any and all third party claims”; let me tell you why….
It is that time of year when the treacle runs thick. Nostalgia can lead to the blues that can lead to a bout at P.J. Clarke’s that leads to a pounding head in the morning. Conversely, some of you are full bore into booking hours for end of year bonuses and have no time for such shenanigans. Then there are the lucky among us who are given money simply for having jobs — starting with Cravathians and the imitator firms. If you are one of those, good on you; there is no bitterness here — envy, perhaps — but not bitterness.
As I began to outline this week’s column I was alerted to some truly distressing news: Dave Brubeck has died at 91. If you had the pleasure, as I did, of hearing Mr. Brubeck in person, you were touched by the presence of an American treasure and true musical genius. Even if you’re not familiar with Brubeck’s music, his signature piece, “Take Five,” would likely be instantly recognizable. Brubeck was an inspiration for his artistry, yet was a self-effacing and quiet individual. When I was fortunate enough to see him perform, he ambled ever so slowly to the microphone to say a few words. One was concerned the man would topple over given the frail nature of his shuffling. After saying a few words, he’d shuffle back to his piano stool and the power of some greater being would generate through his fingers. He seemed like a man that you would wish for in a grandfather. Of course, news broke today that Charles Schulz had an ongoing affair, but I digress.
The point is that there are some folks who just exist on a different plane from the rest of us, and whom, for better or worse, we treat as heroes. The same can be said of several attorneys in my career. I am certain that each reader could submit their own list of attorneys who have mentored, assisted, helped up, or just been there for us as young bucks as we made our way through the profession….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.