At big law firms, a few folks engage in “training,” but very few bother with “coaching.”
That is: A partner may spend a few minutes training you how to write a brief or take a deposition. But, if you prove ineducable, the partner will promptly cut his (or her) losses: He won’t ask for your help anymore; he’ll pluck you out of his life. You won’t be fired; you’ll simply be forced to solicit work from other partners. You’ll never be “coached” about what you did wrong, except (maybe) at the end of the year, when some guy you never worked with evaluates you by reading aloud a comment that “one partner said you don’t write very good briefs.”
Corporations are different. Coaching is the name of the game: You can’t think? We’ll coach you!
Following the lead of Kilpatrick Stockton, Orrick, and other Biglaw firms, Greenberg Traurig has created some new non-partnership-track attorney positions. They pay less than traditional partnership-track — or, in GT parlance, shareholder-track — positions, but the billable-hour requirements are lower and the training is better.
What do these positions look like? Let’s find out….
Last week I discussed the associate bonus process from your typical partner’s perspective. I want to talk a bit more about ways firms can take advantage of the glut of prospective associates out there, while increasing the odds of finding those rare jewels who will make partner — with each associate making less, but getting a better lifestyle (and a shot at a Biglaw career) in the bargain.
Some caveats. First, the ideas below are not intended for the Simpsons — thisSimpson, not those Simpsons — of the world. They will continue to attract the very best, and should continue their current structure. Why? Because the Cravath model that the elite firms instituted makes for great partners and strong law firms. The problem is that almost every Biglaw firm adopted the Cravath model, and not all of them should have. Most firms do not have the institutional client base of the elite firms, and therefore don’t need the tremendous fixed costs and inflexibility with respect to associates that the Cravath model brings. As firms expand, contract, or just struggle to stay afloat post-Biglaw Breakdown, it seems like a great time to try some new approaches to talent structures and compensation. There is nothing wrong with some experimentation, as long as the protocols are transparent, and management is prepared to cut bait quickly if things are not working out.
Now over the years we have seen firms experiment with their junior associate hiring models. Most of these programs involved trying to turn junior associates into some form of quasi-apprentices. None seem to have taken root. And in my mind there is no sense in implementing a drastic, global overhaul of your associate model, before trying some more limited changes on the practice group level.
I’ve recently heard two seemingly related thoughts: (1) lawyers’ legal skills deteriorate when they go in-house and (2) this makes it harder to move back to a law firm.
I doubt that the difficulty in moving from an in-house job to a law firm (if that difficulty exists at all) has anything to do with one’s skills having deteriorated. Although one headhunter recently told me that it’s hard to go back to a firm after you cross the in-house Rubicon, he insisted that was because most in-house lawyers won’t naturally bring a book of business to the firm that hires them. (I stuck the qualifier “most” in there intentionally. Some in-house lawyers move to a firm, bring the corporation’s legal work with them, and do quite well. But that’s not the typical situation.) It’s no surprise that lawyers who bring clients with them find jobs more easily than lawyers who do not. In-house lawyers often can’t guarantee that business will travel with them, so it’s possible that in-house lawyers are less attractive candidates for firms.
But that’s not my main point today. I also don’t agree that moving in-house automatically causes a lawyer’s skills to deteriorate. How going in-house will affect your skills depends on the nature of your in-house position, how your corporation works, and what skills you’re thinking about . . .
I occasionally take advantage of my little megaphone here at Above the Law to vent about poor quality drafts. When I do, “commenters” or correspondents routinely suggest that I’m tilting at windmills: “If you receive a poor quality draft, send it back to the person who wrote it, and tell that person to make it better. There’s no reason why you, Mark, should be saddled with improving the thing.”
Wrong, wrong, and wrong again!
I’m absolutely saddled with improving the thing. It often makes no sense at all to return a bad draft to the author and ask for a better draft. In fact, I submit that there are only two situations in which it does make sense to ask the original author to improve a draft . . .
You may be one of those people who realized early on that law firm partnership is not for you. For me, this was the case even before I started law school. Law was going to be a second career for me, and by the day of my first 1L class, I already had two small children vying for my attention. Surprisingly, having small kids while in law school full time was not easy. You really need to be engaged in your kids’ interests, which can be hard when you’re also trying to dodge Socratic bullets for the first time. There was one semester when it literally took me an entire week to defeat the Elite Four in Pokémon Yellow. Tough times, tough times.
I later went into Biglaw with the understanding that the experience would look good on my résumé, and that I would get what people refer to as “great training.” (And, of course, the money was nothing to complain about, either.) And I actually did enjoy the work. But you can’t work Biglaw hours and expect to just breeze through all of the Pokémon versions — Gold, Ruby, Platinum, Black, etc. — there are so many of them! It’s just not possible, and I will challenge anyone who says it is.
So once you’ve decided that the in-house life is the life for you (or that there’s no way in hell they’ll make someone who’s so obsessed with kids’ games partner), when’s the best time to make the move? Well, it depends….
I posted last week about the idea of providing training intended to give lawyers wings — to teach lawyers the skills, and give them the experiences, they need to leave their firm or corporation and move forward on a career path elsewhere. If you thought that was a good idea — if you thought that your firm or corporation might benefit by being known as the place that trained people to become great lawyers — how would your firm pursue that goal?
I actually saw this happen once: I saw a lawyer design a training program to permit him to perform adequately in another job. But the situation was a bit unusual. A heavy-hitting litigation partner at my former firm accepted a job as the general counsel of a large corporation. That guy realized that a litigator’s training has gaps; litigators know the rules of procedure and the substantive law governing cases that they’ve handled, but litigators may be ill-equipped to become general counsel. A litigator is likely to know very little about preparing securities filings, negotiating M&A transactions, advising boards of directors about non-litigation matters, and the like.
My former partner created for himself what I’ll call “General Counsel University.” He asked a bunch of our partners to set aside a half day each to give him a primer about their areas of expertise. He spent time chatting with an employment lawyer about the basics of executive compensation. He spent a half day with a public company securities lawyer, trying to learn the nuts and bolts of securities filings. He talked to M&A lawyers, spent a few minutes with the corporate tax folks, and so on. (Why was he able to do this, you ask? First, he was a heavy-hitter; people were willing to make time for him. Second, he was about to become the general counsel of what could be a very significant client; it made sense to be nice to the guy.)
It’s easy to describe the career path for a junior lawyer at a law firm (even though the path may be illusory for many): Work hard and well and become a partner; work harder and better and become a richer and more powerful partner. Retire. Die.
So long as law firms are growing, that path appears to be available to some percentage of junior lawyers, and all can strive to follow it.
Corporations are different. There’s one general counsel, who probably has six or eight people reporting to her. Unless the general counsel moves on, retires, or dies, none of the lieutenants is moving up. The lieutenants in turn all have six or eight people reporting to them. Unless a lieutenant moves on, retires, or dies, none of the sub-lieutenants is moving up.
What can you do to create a career path for someone who reports to you in a corporation (other than eating poorly and exercising little, which might create an unexpected opening in the ranks)?
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.