Last week, I wrote about the ACC Annual Meeting. A highlight of that meeting was an interview with Lauren Stevens, linked here. The clip is over an hour long, with the interview starting around eleven minutes in; I can see the tl;dw comments now. Let me give you a summary.
This is a case of an in-house counsel getting prosecuted, twice, for doing her job. We are tasked with protecting our companies zealously. Just like any outside lawyer. And you know what, sometimes we’re the windshield, but most times we’re the bug, to paraphrase Mark Knopfler. This isn’t a fluff piece, it’s a column about stuff getting real, and what can happen to a gatekeeper simply doing her job….
Suppose you had two work colleagues. Both are great lawyers. Both produce superior results, and are admired and respected by their peers for their substantive knowledge and work ethic. Lawyer #1 shows up to most meetings a little bit late, sits hunched over, and speaks in low tones that are difficult to hear, making eye contact with only one or two people in the room. Lawyer #2 is always on time, sits straight, and speaks clearly and loudly enough for everyone to hear, while making eye contact all around the conference table. Lawyer #2 even has nice teeth.
Again, assuming both lawyers are equally competent in their subject matter areas, whom would you send to the next important meeting with the senior executives? Since this is not a trick question, no duh — Lawyer #2. Heck, I’d choose #2 over #1 for anything I even semi-care about (including proper dental hygiene).
Executive presence is one of those soft skills that they just don’t teach you about in law school. Yet, it’s a critical quality you’ll need to perfect in order for you to gain your clients’ trust and to progress in your career. Your pretty face and ability to spew out boilerplate assignment provisions in your sleep will not get you there alone. And despite its name, executive presence is not just for executives….
Merge; merge; merge. It’s all we hear about from law firms these days.
But corporations do these things in both directions: Corporations do acquisitions, but they also do divestitures. Corporations merge, but they also de-merge.
If it occasionally makes sense for a corporation to divest itself of a business unit, or to split itself in two, then it surely also makes sense for law firms occasionally to divest themselves of practice groups or split themselves in two. But we almost never hear about those things. (A reader of this column tells me that he googled “law firm” and “de-merger” and found only this five-year-old announcement about a firm in the UK.) (Don’t complain about my shoddy research. That’s more spadework than goes into a typical one of these columns.)
So here’s the idea: You have a global mega-firm that combines a fine M&A practice with a great litigation practice. Just as corporations sometimes think that combined business units would have more value if pulled apart, the law firm decides that everyone would prosper if the litigation firm were spun off from the transactional practice.
Divestiture! It’s not a dirty word in the corporate world; why is it never spoken among law firms?
This column was written in the middle of a swamp in Central Florida. Yes, I speak of Orlando, and specifically, the 47 square miles of property belonging to the Disney Corporation. I am attending the Annual Meeting of the Association of Corporate Counsel, but all my kids know is that Dad disappears for a while each day while they ride, eat, play, swim, etc., to their hearts’ content. I have written before of my membership in ACC and the benefits that I have enjoyed in my five plus years as a member. This week, Lat asked me to report in from the conference, and I was happy to oblige.
As an in-house attorney, there are numerous organizations seeking your membership. Depending on your specialty, there are national and even global organizations to join. However, if your company is like mine, and will cover the cost of a state bar membership and one association, the one to join that is truly comprehensive in scope and resources is ACC….
Hello readers! This post marks the one-year anniversary of my writing for Above The Law. **Hooray!** Whew, okay, now that all of that crazy excitement is over with, let’s move on.
Every once in a while, I meet people who ask whether there’s any value in doing a clerkship if they would eventually like to practice transactional law in-house. Like a dutiful little blogger, I consulted with several senior in-house attorneys on their thoughts about whether a clerkship is valuable for an in-house transactional practice.
The lawyers I consulted who hadn’t clerked generally saw little to no value in a clerkship with respect to an in-house transactional practice. Why spend an entire year of effort on something that’s not going to be directly applicable to your practice (and, by the way, pays diddlysquat), when you could be getting firsthand experience drafting contracts and working on deals on Day 1? Plus, it’s not like businesspeople have a clue what the difference is between a law clerk and, you know… a rock.
The attorneys who had clerked, on the other hand, saw many potential benefits….
Blind item: which fairly powerful, yet overly fey — and we’re talking Dana Carvey “Gay?? That’s ridiculous!!” fey — and married Biglaw partner with top school credentials, regularly double and triple bills clients?
Blind item: which Biglaw firm, when faced with a lawyer deponent from a small shop who was clearly mentally unstable, chose to do nothing, ignoring its reporting obligations?
I mention the above anecdotes because they are all true, and because they all include reportable ethical breaches. When we were inducted into the Second Department in Brooklyn, and in ethics class, our reporting obligations were hammered into us — yet, nothing is ever done. Why?
If you took a poll in which you had to answer how good a lawyer you are, how would you rank yourself — below average, average, or above average? With the “illusory superiority” phenomenon at work, more than 50% of you would respond that you’re an above average lawyer. Now, you don’t have to be good at math to figure out that something’s not quite right here.
Because I care about my ATL readers, I’ve decided to make it my mission in this post to enlighten those of you below average lawyers as to your not-so-great-as-you-think-ness. The key to getting around illusory superiority is to not rely on your own fallible opinion of yourself. Instead, look to other more objective indications of your inferiority.
What are some signs that you may be a below average lawyer?
I am told there is a fad wherein you get up on a faux bicycle, and make your legs go around on pedals as fast as possible until the room starts spinning. To my Cheetos-stained mind, this sounds like an awful idea. (Hey, at least my mind is not nicotine-stained.) But the “spinning” I am talking about goes by several different identities: panic, anxiety, etc. It is caused by a single source: error.
As lawyers, we are expected to be perfect. Oh, not perfect people, oh no no no. But perfect in our writing, analysis, and so on. Laypeople have no understanding of the pressure that we regularly practice under, be it in Biglaw, or for overly anal-retentive judges. We are not allowed mistakes, there is no such thing as a first draft, there is instead a “perfect” draft that gets reviewed to the level of uber-perfect. However, because we are human, and not perfect, there is always a chance for disaster — missing a deadline, missing a citation, or worse.
Once error is introduced into our perfect worlds, spinning can set in if not immediately and staunchly held in check. Now, it is true that we aren’t following the NYC St. Patrick’s Day parade on shovel duty, but the pressure under which we practice manifests itself in some horrible things such as alcoholism, divorce, and suicide….
I assumed that pretty much everyone had seen the music video by now — multiple times. Scores of news sites, including CNN, ABC, and the Huffington Post have written it up. There have been tons of positive responses from significant players in the entertainment industry (including T-Pain, who tweeted, “Words cannot even describe how amazing this video is…”). As of writing this article, it has over 170 million YouTube views, and is currently the number one downloaded music video on iTunes. Heck, they even did a “dance cam” of the video at Dodger Stadium and non-Koreans watching the game broke into the dorky-becomes-cool horse dance!
But I kept finding that friends, even people active in social media, hadn’t yet experienced the greatest music video ever (did I mention flash mobs in Australia?). I had thought that just because there was promotion, you know — everywhere — for it, the video was more broadly known than it actually was.
Promoting yourself at work can be similar. No, not celebrities tweeting your awesomeness or dance cams in the office conference room. What I’m talking about is that you may think that you’ve made your contributions at work obvious to those around you. But you may be surprised to find that they’re clueless about your efforts, just as I’m surprised to find that people around me haven’t yet heard about the Gangnam Style music video, which is after the jump….
Sometimes the customer is right. Once in a while, the customer is so very correct that I will go to the trouble of writing down a noteworthy quote or two. Recently, during a call with a CIO of a major corporation, she told me (and several others on the call) that what had occurred was at the level of “nothing less forgivable.” And she was absolutely dead on in her assessment of the situation. I dropped my usual schtick of “lawyer,” and had an honest and candid conversation with her. I sought her counsel on what solution(s) she would propose to the problem, and I promised to get back in touch.
The facts of this situation had to do with HIPAA compliance. Now, if you’re running a financial firm, it’s unlikely that you are overly concerned with HIPAA; instead, you have to worry more about Gramm-Leach-Bliley. And if you run a fireworks stand, you really need to focus on keeping sources of flame away from your establishment. My point is this: in no matter what field your business exists, there are acts that could cause a cataclysmic problem for you and your future.
As an in-house attorney, you must always be on both sides of the field with these issues — offense as well as defense. You must be vigilant about interactions with other entities, and you will sometimes be on the receiving end of criticism flowing back to you. Neither is much fun (though, as an old litigator, offense is still kind of enjoyable now and again), but both are absolutely essential. Especially your response skill set….
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.
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When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
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