Five days to fitness, to three minutes, down to six seconds. Of course, true fitness is a total lifestyle commitment that requires years of sustained effort involving discipline and sacrifice. But that’s an awful lot of work.
Far easier to blow $100 on some get-fit-quick scheme, haphazardly follow it for a few days, and then blow it off. Then you can blame your lack of fitness on the program. No need to take personal responsibility for your position in life….
It’s often incredibly difficult to let things go in today’s always on, always connected world. There is a desire to multitask and switch gears at all times.
Check Twitter, check email, review a letter. Write a couple paragraphs in brief, get phone call. While on phone, pull up Facebook. Phone call ends, check Twitter, back to brief. Another lawyer sticks head in office, wants to talk about an issue in a different case. Finish conversation, back to brief, an urgent email notification pops up. Read email, not really that urgent. Reply anyway. Couple more paragraphs into brief, calendar notification goes off. Lunch scheduled with another lawyer in 25 minutes.
What are the chances that any of the work you just produced was actually of high quality?
Imagine you are in the audience at a majestic Broadway play. The theater full, stage set, lighting dim. The curtains part and the play begins. Drama and tragedy unfold over the next two hours. The performance compels an ovation. Done with the play, you and your company depart for dinner.
You’re in Las Vegas at the latest Ultimate Fighting Championship (UFC) event. It’s time for the main event. The lights dim and the crowd roars. Two fighters enter the cage. The championship belt is on the line. The chain link door is locked shut and a grueling battle of wills commences. In the third round, the champion knocks out his opponent. You and your friends slowly make your way out of the arena, heading towards the Strip for a night of fun.
Both the actor and the fighter spend weeks and months in preparation for their brief time under the lights and scrutiny of the crowd. The actor memorizes her positioning, recites her lines, studies her character. The fighter drills techniques for years, conditions his body for months, and studies tape on his opponent for hours. All for one night….
Everyone is familiar with the saying that you only get one chance to make a first impression. We size people up at a glance. People like to think that they take time to adequately weigh decisions, but in reality we often rely on “thin-slicing,” as popularized by Malcolm Gladwell in Blink (affiliate link):
“Thin-slicing refers to the ability of our unconscious mind to find patterns in situations and behavior based on very narrow slices of experience. The unconscious works by sifting through the situation in front of you, parsing out irrelevant data and homing in on what really matters.”
What this means is that we are constantly making micro-decisions at a subconscious level about the world around us all the time. Now, that doesn’t mean we are always making good decisions or judgments, but we are making them. Which is why lawyers need to care about how they appear — in person and in print.
And from a filed Answer in a lawsuit that a reader sent me, it’s a lesson that one lawyer needs to learn….
As I’m sure many of you heard, the southern part of the United States was blanketed with snow this past week. In particular, Georgia and Alabama (where I live) were hit particularly hard. This being the Deep South, people and municipalities were not prepared for the quantity of snow and ice that came down so quickly. This led to widespread disaster and lots of Walking Dead jokes.
Some people have attempted to explain why 2-3 inches of snow was capable of crippling cities. While many people have scoffed at such explanations, they are true to some extent. But of course, that doesn’t relieve people of responsibility of behaving and driving like morons. As things settle down and return to normal, finger pointing and blaming will likely continue to go on for sometime.
But the most interesting aspect of the “Southern Snowpocalypse” is the reaction of people in the aftermath of the storm….
As I’ve mentioned previously in this column, it’s tough starting out as a new lawyer – particularly in today’s economic climate. Many lawyers have been forced into small firms or into hanging their own shingle. While many people seek out these avenues of practice, many are forced into them. Either way, it’s difficult to do so straight out of law school. On top of that, most new lawyers have mounds of non-dischargable student loan debt, are unprepared for actual practice (thanks law school!), and are potentially going up against lawyers with much more experience.
Most new lawyers who want to find success in these times devote themselves to working hard, building relationships, and developing a reputation for honesty and integrity. But if you’re determined to shoot yourself in the foot, repeatedly, then I offer The 12 Steps To Ruining Your Reputation….
An easy and lazy habit that you can have as a lawyer is only seeing things from the perspective of a lawyer. Lawyers are trained to deconstruct problems and look for weakness, to approach situations with a critical perspective. But that does not mean that it is the only perspective that you need to have. One of the most voiced complaints from clients is that their lawyer doesn’t understand their view or their perspective on a case or matter.
This is likely due to a breakdown of communication between the lawyer and the client, and more than likely it is the lawyer’s fault. As a lawyer, it is very easy to fall into entrenched patterns and lines of thought — so easy that it is often difficult to step back from your role as a lawyer, and look at a case or a problem as a layperson or client. Harvard professor Theodore Levitt most aptly summed up this problem with his famous observation: “People don’t want to buy a quarter-inch drill. They want a quarter-inch hole!”
A lawyer is often apt to think of the law as the drill — how to use it, apply it, and make it work in any particular situation. But a client does not really care about the law, they care about the solution to their problem — the quarter-inch hole…
I was sitting in my office yesterday afternoon when my phone dinged. It was one of my law partners. He had sent me a picture of our other partner standing in front of an auditorium with about seventy-five people in it. They had gone to one of the local law schools here to speak about dealing with clients. Like many other law schools, this law school is focusing on providing their students some manner of real-world experiential education in the elusive hopes of making students “practice-ready.” An impossible task, but at least students are exposed to practicing lawyers, even if just for a day. I mean, it’s better than a seminar on Harry Potter and the Law.
After speaking for a bit, they took questions from the students. Eventually, someone asked what to do about a difficult client. The response?
“Double the retainer.”
After the crowd chuckled, he added: “In all seriousness, double the retainer.”
A new year means new beginnings, new goals, new ideas. There is a desire to hit the reset button on well-tread patterns of behavior. This can often lead to uprooting worn methods of doing things and casting aside old habits. This can be just as true in a firm as it is in your personal life. Especially if you are new to a firm.
But of course, the problem is that law firms, big and small, are bastions of doing things “the way they’ve always been done.” Change is often not welcome. For example, look at the continuous stream of complaints about legal writing (Hereunto, wherefore, premises considered, three (3) forms…). If you’re a square peg, you’re going to be hammered into a round peg whether you like it or not. The same can be true for the manner in which matters are handled within your firm. Perhaps there is a set process for handling a routine matter, something that was put in place ten years ago and does not take advantage of modern workflow procedures. Coming in with a fresh set of eyes and understanding of computers and technology, perhaps you see a way in which to improve and build on it.
Or the firm uses a standard template for certain motions, or they give you a boilerplate contract for a certain type of real estate deal that they’ve done before. You look over the contract and find some arcane phrasing and a seemingly unnecessary clause. You see the incongruities and think you can fix them.
The problem is that you are likely falling victim to the fallacy of Chesterton’s fence….
About three years ago, a case caught my eye that still sits in the the back of my mind when looking at our firm calendar or speaking with opposing counsel on a matter. It highlights something that should be self-evident to most attorneys. Yet, as this case illustrates, even routine matters can cause extreme problems.
Booher v. Sheeram LLC was a fairly standard slip-and-fall case. A hotel had been receiving a number of complaints about its slippery bathtubs. The hotel subsequently placed non-skid material in the tubs. Regardless, Mary Booher slipped and fell after the non-skid material had been placed. She and her husband sought to recover damages from the hotel and retained an attorney. Things proceeded along as they do in these matters — discovery plus more discovery — and eventually the hotel filed a motion for summary judgment. After an extension was granted, the deadline for a response from the Boohers’ attorney was set for November 7, 2008.
But Booher’s expert was missing a key document, and was going to be out of the country during the deadline for the motion. And her attorney was about to undergo major surgery. He needed more time in order to properly prepare his brief in opposition. Opposing counsel didn’t mind an extension; these things happen. No one wants to be a jerk regarding scheduling matters.
But Booher’s attorney didn’t follow the rules, so it didn’t matter. And he lost his clients their case, not on the substance, but on a technicality:
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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