Job Training

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!

Can’t write? We’ll coach you!

Act like a jerk? We’ll coach you!

Break your arm? We’ll coach you!

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There’s good news, and there’s bad news. Or maybe good news with a catch, as we mentioned in Morning Docket.

The good news: Greenberg Traurig is hiring. The catch: the positions don’t pay $160,000 a year (or even $145,000, the new starting salary in GT’s Miami and Fort Lauderdale offices).

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….

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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 — this Simpson, 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.

Here is what I would try….

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An old Arab proverb says that there are four types of men:

“He who knows not and knows not he knows not; he is a fool — shun him.

He who knows not and knows he knows not; he is simple — teach him.

He who knows and knows not he knows; he is asleep — wake him.

And he who knows and knows he knows; . . .

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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 . . .

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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 . . .

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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….

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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.)

Could a law firm (or the law department of a corporation) replicate this process for its lawyers generally?

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It’s hard to create career paths for in-house lawyers.

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)?

double red triangle arrows Continue reading “Inside Straight: Train To Stay, Or Train To Go?”

* You don’t have the right to get half naked in an airport to protest the TSA’s policies. Aaron Tobey’s lawsuit has been stripped of its Fourth Amendment claims following a dismissal. [Washington Post]

* Paul Ceglia has to give Facebook every email he’s exchanged since 2003. If Ceglia’s like most men, lawyers at Gibson Dunn will get an interesting peek at his private life. [Wall Street Journal]

* An HIV/AIDS group has been charged with improperly spending federal funds. They were supposed to open a job training center. They allegedly opened a strip club. Problem? [Washington Examiner]

* Pit bulls are cute until they bite your face off (but they do get a bad rap because of bad owners). This ADA lawsuit may help overturn residential dog breed restrictions in Colorado. [ABA Journal]

* In a case of a playboy getting hustled, a man is suing over a $28,109.60 bar tab charged on his credit card at the Hustler Club. Talk about going tit for tat. [New York Post]

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