What’s left? Today’s topic: How to drive outside counsel nuts.
I’d say that I’ve been thinking long and hard about this subject to permit me to draft this column, but that wouldn’t be true. I’m a natural at this!
How do you drive outside counsel nuts?
First: Insist that outside counsel prepare a budget for every matter. Then complain that the budget is too high; tell counsel to reduce it. Complain that your business will never accept even the revised budget, and tell counsel to cut the estimate further. When you get the second revision, gin up some reason why even that’s too high, and have counsel cut the budget again.
Six months later, when counsel has blown through the budget, refuse to pay the bill! “You told me you could handle this case for damn near nothing. And now you want all this money? This is far more than what you budgeted. There’s no way we’re paying this!”
See? I told you that I was a natural. And I’m just getting warmed up . . . .
The average person is relatively honest. Why do we create rules that force otherwise honest people to lie?
We do this to many people. Think first about physicians.
For some reason, New Mom and Baby should spend one extra night at the hospital. Mom and Baby are doing fine, but the doctor sees a reason for one more night of rest. What does Doc do?
The insurance company won’t pay for, and Mom can’t afford, an extra night at the hospital, so Doc lies: He falsely notes that Baby is “jaundiced,” which justifies the necessary night at the hospital. The rules have turned Doc into a liar.
I’m sure that’s just the start of what the insurance bureaucracy does to turn honest physicians into routine liars. But I’m thinking today of rules that turn perfectly honest lawyers into liars. Once you start thinking about it, you’ll come up with endless examples . . .
How can you drive clients nuts? Let me count the ways.
First, remember that it’s really not the client’s case; it’s yours! The client retained you. You’re tending to the thing. If you win, you’re going to link to the decision from your on-line firm bio. So take the case and run with it!
When journalists call, answer their questions. (Make sure they spell your name, and your firm’s name, correctly in the published piece. Free publicity can’t hurt.) That silly little client surely trusts you to handle the press properly and, if the client doesn’t, the client’s wrong.
In fact, don’t limit yourself to handling the press. Figure out what an appropriate settlement should be, and then move the process along on your own. Call opposing counsel and tell her that you haven’t yet run this idea past your client, but you think the case should settle for 500 grand. Tell her you’ll recommend that amount if she’ll recommend that amount, and see what happens. The client will be pleased that you evaluated the case and sped the process without bothering the client at all. That’s both convenient and cost-effective: You’ll be a hero! (It’s quite unlikely the client was thinking more broadly than you are, considering the effect of settling this case on business issues, or other cases, or the like. After all, it’s your case. Don’t be a weenie; you handle it!)
Great! We’ve pushed the client one step closer to the brink of insanity. What else can we do to nudge the client over the edge?
Fair is fair is fair: Two weeks ago, I wrote about how to drive partners nuts. Last week, I wrote about how to drive associates nuts. Today, I’m continuing along the lawyers’ food chain: Secretaries (or “administrative assistants”) — it’s your turn: How can you drive your boss nuts? [FN1]
First: Your time after work is yours, to tend to your family, watch TV, go clubbing, or whatever. So you have to handle all of the other stuff — like making appointments, chatting with out-of-town friends, shopping, and the like — during work hours. Happily, the telephone and computer at your desk are all the equipment you need. So do all your shopping on-line during business hours. Talk to your friends, post stuff at Facebook, and surf the web from your office desk.
That does three things for you. It gives you more free time at home, to spend as you like. It helps to pass the time during work hours. And — best of all! — it’ll drive your boss nuts! Every time your boss walks up to give you a project, just click away from Amazon.com and whisper “gotta go” into your receiver. Your boss may not notice and, if he does, you’ve just pushed him one step closer to the edge, which is, after all, the name of this game. Use your time at work intelligently; use it to handle all of your personal affairs.
Don’t just fritter away your eight hours a day at the office. Also, nibble around the edges. Leave the office at 4:55 without telling your boss. Maybe she won’t notice, and she’ll surely never come frantically looking for you seconds after you’ve left. Sticking your head in the door and saying good night would just tip her off that you’re cutting out early; don’t do it!
Also, remember that Mondays and Fridays during June, July, and August are meant to be taken as sick days. If you take them regularly, your boss will get used to this, and he’ll become more efficient, doing all of his work between Tuesday and Thursday. He’ll probably thank you for this.
Releasing a book may not bring you fame or fortune, but it surely brings you interesting e-mails. I devoted last Thursday’s column to an e-mail I received from a reader of the Inside Straight book asking whether law firms undervalue good lawyering. I’m devoting this column to an e-mailed reaction posing a different question: Must a lawyer specialize if he or she hopes to develop business effectively?
My correspondent (who again is a partner at an Am Law 100 firm and again gave me permission to edit and reproduce his or her words anonymously) wrote: “Your case study of how you developed a pharmaceutical product liability practice (when you worked at a big firm) says as much by implication as it does expressly. You’re implicitly asserting that one develops business more effectively by showing that you’re a specialist in a field the client needs rather than saying that you have a fungible skill. But I suspect that your true value as a lawyer was largely unrelated to your business development pitch in which you pretended that you were a specialist.
“Ultimately, what you brought to the table in private practice wasn’t a nearly 30-year career in pharmaceutical products law. You brought a vast wealth of experience gleaned from cases that had nothing to do with the area of law that, at a particular time, happened to govern specific cases.
“It pains me that lawyers feel compelled to become specialists — or, at a minimum, to pretend that they’re specialists — if they want to develop business . . . . ”
Fair is fair: I wrote last week about “what drives partners nuts.” Having armed associates with the ammunition needed to drive partners crazy, it’s only right that I arm partners with ways to drive associates nuts. (I realize that many partners are quite good at this even without my help, but I figure a stray few could use some guidance.)
Come on, partners, how can you drive associates nuts?
First: Give associates disembodied projects!
If you wanted someone actually to be interested in a project, you’d tell that person what the project was about. You’d explain what the transaction entails, what the client needs, and the critical issues likely to arise. In litigation matters, you’d explain who’s suing whom for what, the path the case is taking, the client’s main concerns, and the likely endgame. That would put a person’s brain in gear, and the person might actually care about his or her work.
Last year, one of my columns explained how I went about developing a new practice at a large law firm. Now that ABA Publishing has repackaged some of my old columns as a book, I’m hearing new reactions to some of those older columns. One of my recent correspondents — a partner at an AmLaw 100 firm — raised a good issue about my column on business development. He gave me permission to crib from (and slightly revise) his long e-mail (without attribution to him), so that’s what I’m doing here:
“In your case study of business development, you ask whether the business development game is worth the candle. But you seem to presuppose that the game is really worth playing in the first place. My problem isn’t with the premise that if you want to develop business you must work hard at it and be lucky. My problem is with the assumption that the only goal worth achieving in law is success in business development. I think you are correct in saying that law firms under-appreciate business development efforts and over-appreciate business development successes. But I think they over-appreciate both compared to good lawyering . . .
I recently participated in a podcast for the ABA Journal on the subject of what drives partners nuts. (Here’s a link to where previous podcasts can be found. The session in which I participated won’t be posted until September 10.)
Because the podcast was supposed to analyze “what drives partners nuts,” I naturally prepared a list of things that drive partners nuts. But when we taped this session, the conversation veered away from its original focus and covered other subjects instead. That leaves me with a list of the things that drive law firm partners nuts — perfect material for a blog post! And, because this column often focuses on life as an in-house lawyer, I’ll throw in an added bonus: the in-house analogues to the things that drive partners nuts.
How can an associate drive a law firm partner nuts? Let me count my top three ways . . .
Law firm consultants have endless advice about how best to compensate partners at firms. The consultants analyze the extremes: Lockstep compensation avoids quibbles about pay, but it may reward less productive older partners at the expense of the young turks. Eat-what-you-kill compensation rewards people who bring in business, but may cause bitter fights over client origination credit or cause partners to hoard their clients.
Various permutations on those extremes have their own advantages and disadvantages. But riddle me this: Why don’t we see consultants debating the pros and cons of pure black-box compensation? Under this system, the managing partner (or a small committee) sets compensation for each partner in the firm. There is no specific formula for allocating the spoils, and partners are forbidden from discussing their compensation with each other. Each partner is told what he’ll make in the coming year (either as an absolute number or as a projected draw assuming the firm hits 100 percent of budget), and the process is over.
At least a few large firms use black-box compensation systems, so this subject surely deserves a moment’s thought. What do you think of a black-box compensation system — good, bad, or indifferent?
A college graduate without student loan debt is akin to reading a kind quote about Kim Kardashian in a tabloid—it’s rare.
In the past eight years, student loan debt has nearly tripled to a whopping $1.1 trillion, and in the past 10 years, the percentage of 25-year-olds with such debt has risen from 25% to 43%
It’s gotten so bad, in fact, that New York Fed economists warned last month that the burden of student debt could stilt consumer spending by twentysomethings, as well as further hamper the recovery of the housing market and economy.
To get a better idea of what massive student loan debt (we’re talking over $100,000 massive) looks like, we talked to an attorney who graduated with a large student loan debt. We also consulted LearnVest Planning Services CFP® Katie Brewer to see just how their repayment plans stack up.
S. Fischer, 36, Attorney Graduated: 2001
How Much I Borrowed: $100,000
What I Still Owe: $45,000
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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.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
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