When I was in private practice, clients said that they instituted e-billing for reasons of efficiency: “We can process bills and pay you faster if you submit bills electronically. E-billing speeds the process for both of us.”
I knew that bills that we submitted electronically underwent some kind of review. It always felt as though it was review by chimpanzee, as clients seemingly whacked hours randomly, leaving us with the hard choice whether to remain silent or quibble about a few bucks here and a few bucks there. But fundamentally I accepted the basic proposition that e-billing improved efficiency.
Now I know better….
(Actually, I don’t really know much better. I added a provocative sentence followed by an ellipsis so that Lat would know precisely where to put the break for the “continue reading” icon when he loads this post into the ATL blogging software.)
When I graduated from law school, I decided that I would take a job at a large law firm because it would maximize my chances of going in-house. I had no idea what either job would entail, but it seemed like a sensible plan. And, even without knowing what it would be like to be a litigation associate in Biglaw, I suspected it would be bad enough that an exit strategy would be necessary.
A few years later, I switched my exit strategy and went to a small firm. I decided that I could not wait for three to five more years to get the skills required to go in-house. So, I went to a small firm to get “hands on experience” and position myself for my new exit strategy: a federal government job. Then, hiring for federal jobs froze, and the few openings were impossible to get unless you had the exact experience required and could figure out your grade level. Consequently, I am currently reformulating my exit strategy. I am contemplating running for president or becoming a certified yoga instructor.
I have yet to meet a lawyer who did not plan or fantasize about his or her exit strategy from law firm associate, be it Biglaw or small. I blame it on the nightmare that is billing hours — even if the requirement might be less at some places. The most common exit strategies are (1) in-house and (2) fitness professional.
Is it possible, however, for a small-firm associate to go in-house, or is the small-firm associate required to follow my path and find a new exit strategy?
Many prominent people, including Chief Justice John Roberts and Judge Harry Edwards, have raised their voices about the increasing irrelevance of academic writing to practicing lawyers and judges. Yet, despite railing at the academy, those judges — and law firms, and sophisticated purchasers of legal services — all rely on the academics to identify talented lawyers. Law schools brand the beef, and purchasers buy based on the brand. What do I mean, and why is that process natural and appropriate?
Let’s start with an example for people coming right out of law school: How should judges pick law clerks? One way — perhaps even the “fair” way — would be for judges to assume that each of the 45,000 people graduating from law school is equally likely to make a fine clerk. Judges would solicit applications from all 45,000 and then start the process of sorting the good from the bad.
That cannot work, of course. Judges don’t have the resources (or, necessarily, the ability) to study transcripts, read writing samples, conduct interviews, and do the other spadework needed to assess all of those candidates comprehensively. And judges can’t externalize the cost of the screening process; there’s no person or institution that would play that role for an acceptable price.
What are judges to do? They rely on law schools to brand the beef.
Rant as they may about scholars producing unhelpful scholarship, most judges rely essentially unthinkingly on those same scholars to have separated the potentially gifted lawyers from the crowd. Judges assume that the best students went to the best law schools; that, after arriving, the more talented law students outperformed the less talented ones; and thus that the best performers at the best law schools will make the best clerks. Judges typically pick their clerks from among the top graduates of the elite schools. Judges may think that professors are insane when they’re selecting topics for their scholarship and then devoting months to researching and writing on those subjects, but those same judges rely on the same professors to brand the beef astutely. Whatever criteria law schools are using within the asylum to rank their students, the outside world seems quite happy with it.
Law360 surveyed practicing lawyers around the country asking what books the practitioners would recommend for new lawyers –- the so-called “legal greenhorns.” (The Law360 article requires a subscription; this recent piece from the ABA’s “Young Lawyer” is free of charge and summarizes the results.) The recommended books for new lawyers included Shakespeare’s plays; Alexander Hamilton and James Madison’s The Federalist Papers; Harper Lee’s To Kill a Mockingbird; and Mark Herrmann’s The Curmudgeon’s Guide to Practicing Law (affiliate link).
That leaves only one question: Who’s that Shakespeare guy, and why’s he cluttering up my list?
But enough of that. On to today’s business. How do you bring an ignorant client up to speed?
The classic example was when General Motors chose to name one of its cars the Chevrolet “Nova.” In Spanish, “no va” means “it does not go,” which isn’t a great name for a car sold in Spanish-speaking countries. I’d bet that a few hundred Spanish-speaking employees of GM noticed that issue before the car hit the market, but no one bothered to speak up.
Let me offer two more examples of failing to speak up, with both examples coming at my own expense. (I wish I weren’t such an easy target, but such is life.)
The first example involves a law firm. Twenty-two years ago, as a lateral sixth-year associate, I accepted a job at Jones Day in Cleveland. I saw during the hiring process, and again when I sat down at my desk on the first day of my new job, that all of the firm’s promotional materials included the firm’s marketing slogan: “Jones Day: One Firm Worldwide.”
I’d been practicing law for six years at that point, so I was a relatively sophisticated lawyer, although by no means an old hand. Perhaps older and wiser folks looked at the tagline “one firm worldwide” and thought: “Terrific! I’m going to hire those guys because they’re one firm worldwide!”
But that wasn’t how it struck me. I sat there scratching my head: How many firms was I supposed to think Jones Day was? Two firms? Three firms? A half-dozen? And why was the apparent misperception — that Jones Day was more than one firm — so widespread that the firm devoted its main branding opportunity to dispelling this confusion? Of the many praiseworthy things that could surely be said about my new employer, why did the fact that it was only “one firm” top the list? Wouldn’t it be slightly more helpful to say, for example, “Jones Day: Pretty Good Lawyers”? Would the Jones Day slogan make sense for any other big firm? Would “General Motors: One Firm Worldwide” be a useful marketing tool? What the heck was going on?
* My former boss, Governor Chris Christie, defends his appointment of Judge Sohail Mohammed, standing up to some of the Sharia-obsessed crazies on the right. Alas, some of these crazies could create problems for him in 2016. (Where are all the nice, moderate, socially liberal Republicans hiding? Establishment types, please take the GOP back from these icky populists.) [Arab American Institute]
* Being a tenured professor can be a pretty sweet gig. Being an adjunct prof? Not so much. [Adjunct Law Prof Blog]
* If you’re looking for something to do on Monday night in New York, check out this fundraising event, sponsored by Weil Pays It Forward (and featuring Survivor hottie and former Weil lawyer Charlie Herschel). [Celebration of Survival]
We ran a “request for proposal” process several months ago, asking a dozen law firms to make proposals for handling one aspect of our work. We interviewed five finalists, and we chose one winner.
One of the also-rans wrote to complain: “I’m terribly disappointed by the result of your RFP process. My firm is exceptionally talented in this area. We do precisely this same work for many other clients, and those other clients are delighted with our work. We indicated a willingness to be flexible on fees. I just don’t understand why we didn’t win this work.”
Ha! Observe the delusion of personal exceptionalism!
* What? A former Supreme Court clerk who got passed over for a job at a law school? Nicholas Spaeth, who’s also the former state attorney general for North Dakota, is suing the Michigan State University College of Law, for age discrimination. [The BLT: The Blog of Legal Times via SBM Blog]
* Elsewhere in criminal justice news, should prisons be run on a voucher system? Dan Markel offers some thoughts on Sasha Volokh’s interesting proposal. [PrawfsBlawg]
* An interesting profile of Alan Gura, the celebrated Second Amendment litigator, by a fellow small-firm lawyer, Nicole Black. [The Xemplar]
* Hopefully this will all become moot after a deal gets done, but remember the Fourteenth Amendment argument for Obama unilaterally raising the debt ceiling? Jeffrey Rosen thinks a lawsuit against Obama would get kicked for lack of standing — or might even prevail. [New Republic]
* But Orin Kerr believes that a recent SCOTUS case might change the analysis. [Volokh Conspiracy]
* Howrey going to pay all the creditors? A lot turns on how some contingency-fee cases turn out, according to Larry Ribstein. [Truth on the Market]
* From in-house to the big house: former general counsel Russell Mackert just got sentenced to more than 15 years in prison for his role in a fraud scheme. [Corporate Counsel]
If you haven’t yet read the long piece in Fortune magazine about the rise and fall of Jeff Kindler as the CEO of Pfizer, you really should. The story may or may not be true — I have no idea — but it would be interesting reading even if it were a work of fiction about corporate political intrigue.
I’ve never met Jeff Kindler. I do know several people who are close friends of his, and I’ve watched his career from a distance as he moved from Williams & Connolly to GE to the general counsel of McDonald’s to the general counsel of Pfizer and then, startlingly, to the CEO of Pfizer. The Fortune piece traces this whole career in detail and then describes why and how Kindler resigned from the CEO spot after serving only very briefly.
Why mention that article here? First, I’m doing you a favor; if you hadn’t previously heard about the piece, now you have a link.
Second, the article said two things about in-house counsel that rang true with me — whether or not these things actually occurred at Pfizer….
At big law firms, people gripe. It’s a way of life.
Junior associates gripe about being condemned to do scutwork. Senior associates complain about friends having been screwed out of partnership. Junior partners bellyache about not being invited to participate in client pitches. Senior partners grouse about their peers, who don’t work very hard and aren’t very good lawyers, being paid too much. The law firm’s “owners” — the half-dozen guys who actually run the joint — moan that all those other lawyers should quit their whining and get back to work. And everyone kvetches about opposing counsel, unreasonable clients, and working too many hours.
(You’ll note that nobody b*tches about anything. I offer the preceding paragraph as evidence that we needn’t degrade the level of discourse to express ourselves.)
At corporations, this just doesn’t happen. People occasionally whine, of course — there’s a reason why they call it “work” — but griping is not the order of the day, every day, year in and year out.
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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 six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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