The placidity of the lake outside my early morning window is calming. The middle child plays something in the background called “Minecraft,” which I don’t mind because of its New Age music, and the other two are still asleep — the oldest, exhausted from JV soccer practice, and the youngest, well, because she’s four. I can hear the crickets and early morning birds, and I think that life is pretty good. Actually, very good. We have chosen a vacation home near enough to our town that we can shuttle the oldest back and forth to workouts, and still spend our afternoons on the lake. At twelve, he doesn’t realize that we have sacrificed a true “vacation” for him, but that is fine — he caught six fish yesterday, and we were happy.
Some of us have a memory that vacations are about piling the kids into a station wagon (deathtraps that we “olds” used to ride in, sans seatbelts, as our parents smoked themselves to death in the front seats, and we rode in the rear-facing bench seat giving the universal “honk your horn” sign to truckers) and riding for hours only to find that “Wallyworld” was closed for repairs. Today’s vacations for attorneys are usually getaways that may put you in a different locale, but with a Blackberry that still demands your attention. You can try to turn it off and leave it on the bed stand, but you know that the brief will still be due or the closing date still looms. First World troubles, I know…
I went through my first 360-degree review — where those above, beside, and beneath you in the organization all anonymously evaluate your performance — two years ago. Never one to shy away from abject public self-humiliation, I shared the result of that review in this column. I revealed that my biggest “blind spot” two years ago was in the area of celebrating the accomplishments of folks on my team: I thought I was pretty good on that score; those who worked under my supervision begged to differ.
I told you that I would fix that problem, and I did. During this year’s 360-degree review, my score for celebrating our accomplishments was a solid 4.0 — 0.9 better than two years ago, and precisely how I’d graded myself this time around. It had actually been pretty easy to solve this problem: I distributed emails celebrating our victories more often and to wider audiences; I stopped by folks’ desks to congratulate them on wins; and I was otherwise more sensitive to letting the world know when my merry gang of litigators did nice work.
Now that I’ve solved one management problem, however, another one naturally reared its ugly head during this year’s 360-degree review . . . .
I am supposedly on vacation this week. However, most of us know that “vacation” is a relative term, and that it is highly rare that one actually unplugs from work 100%. Yesterday morning I was listening to talk radio (ugh!) and the host went on a rant about the unimportance of lawyers, and the “racket” that we have set up for ourselves by allowing only a select few (admitted attorneys) to practice law. He was referring to the 15 months in jail that a small town judge received by appearing in Family Court without a current license. The issue of whether her punishment is deserved or not is perhaps for another column. But, the radio blatherer’s take offended me. I would argue that lawyers are a societal necessity, and the lay public would suffer greatly without the expertise that attorneys provide. Just watch a pro se litigant go up against a seasoned litigator.
To the outside observer of courtroom proceedings, it all may seem so easy — you appear, you give your name and you argue. Just like callers to talk radio programs. But it is the minutiae that lawyers are trained to expose that makes the difference. The term of art is “attention to detail” at which we are expert. We are supposed to be able to find the holes in written documents to exploit them for our client’s advantage. We are expected to write with perfection — without a single mistake. We are pressured to win at all costs within the bounds of the law and ethics. Lay people who think we have it easy, are sorely misinformed…
I am not sure what I agreed to, or what button I selected, but yesterday Linkedin sent network invitations to seemingly everyone on the planet with whom I have ever corresponded by email. For the past two days I have received numerous invite acceptances; my once small network is now seemingly unmanageable in scope. However, some really great news has accompanied many emails. Several people with whom I have spoken over the years have written to update me on their job hunting – and the news has been universally good. I have always held the identities of those who have written in confidence, and I will continue that practice. But, I can comfortably report that jobs have been attained in government work, private practice, and in-house. The economy is tough, and hiring prospects are not back to mid-90s levels, but there are positions to be had, and to the most tenacious go the spoils.
I thought about titling this column “Litigation Aphorisms,” but who the heck would have read it?
So I went instead with the first of three critical things you should know about litigation, all of which I learned from Neil Falconer when I practiced at the 20-lawyer firm of Steinhart & Falconer in San Francisco back in the 1980s. (I also dedicated The Curmudgeon’s Guide to Neil. He wasn’t a “mentor”; he just accidentally taught young lawyers by osmosis what it meant to be a lawyer.)
Neil’s first aphorism was this: “Never tell a small child not to stick peanuts up his nose.”
Why does that matter?
Or maybe I should start with a more basic question: What the heck does that mean?
But much bigger things happened this past week. Like getting my GA tickets to share in the groove on October 22. The boys are playing with a fervor not seen in many years, and I am very excited that the circus is coming to town. It also did nothing to stanch the flow of correspondence to my Gmail account regarding the switch from litigation in a firm to in-house work. I write today’s column with three specific people in mind….
1) I never claimed to be a Deadhead, though I love their music. I will leave that to Mr. Wallerstein. I am a committed Phishhead, and could easily have used Trey Anastasio’s bust and subsequent rehab as an example for last week’s column. However, the Furthur incident had just occurred near here and I thought it was more topical.
2) I did not intend to depress anyone with a column on alcohol, so I guess I should have been sober when writing, but that goes against my practice.
3) I am rarely shocked any more by the comments on this site, but I have to say that in my opinion, they have devolved so far into a cesspool of misogyny and lack of humor or wit, that I have decided to continue to write columns without the ability to comment. I have been doing this long enough, and been called enough names and insulted sufficiently that I have become inured to being “hurt.” If you have a genuine criticism, suggestion or correction, write me at the Gmail address.
I have a desire to fulfill a Bryan Cranston-like dark fantasy when people say those phrases. Yes, it is hot enough for me, thank you, and I am now waiting with chewed fingernails to see if our benefit concert for tomorrow afternoon will be rained out due to the oncoming cold front. I also received some good news/bad news on a pro bono case I am working, and my wife is starting to get a bit touchy about my lack of focus on all things domestic. It has been one of those weeks, when all should be celebratory and positive, but the muck keeps dragging me down. But as is my practice, I keep plugging along. Just keep swimming…
* The role of lawyers in America’s Syrian policy. Everyone always tries to throw the lawyers under the bus. [Lawfare]
* Pippa Middleton has some lawyers trying to crack down on a parody Twitter account. Thankfully, the law exists to protect wealthy socialites from being mocked. [IT-Lex]
* GCs are not happy with the rates charged by outside counsel. I, for one, am shocked that GCs don’t like paying upwards of $1000 an hour for “further work.” [Consero]
* Honestly, we should have seen this coming: a Zimmerman juror is seeking a book deal. This is the juror who assumed black people had rioted over the shooting and called Trayvon a “boy of color,” so you can tell the prosecution was doing a bang-up job with its jury selection procedures. [AlterNet]
* Conservatives rejoice after several unions complain about Obamacare. Oh, the irony! Except the unions’ complaint is not that Obamacare is bad, but that it doesn’t go far enough in providing incentives to non-profit insurance plans and penalizing companies that are cutting back on hours to avoid the law. [The Volokh Conspiracy]
It is the middle of one of the funkiest weather summers ever, and my kids yesterday said they can’t wait to go back to school.(?) While it is true that rain almost every single day seems downright tropical, it gives one time for pensiveness — about your current state, your past and your future. This week I am reminded of several incidents in my career that I wish could be erased, and I thought I would share some with you.
I will never forget my first day as a summer associate in Biglaw. I was tasked to draft a complaint. I was given a template and sent on my way. Two hours later, the partner who had assigned the work came to check on me. I admitted to her that I had not gotten very far because I couldn’t get the text in the caption box of the complaint to align. She calmly patted me on the head and showed me how litigators don’t need to reinvent wheels through the magic of records files…
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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