Alfred P. Sloan, Jr., famed chairman of General Motors in its heyday, has been attributed with saying the following at a top committee meeting:
“Gentlemen, I take it we are all in complete agreement on the decision here.” Everyone around the table nodded in assent.
“Then I propose we postpone further discussion of this matter until our next meeting to give ourselves time to develop disagreement and perhaps gain some understanding of what the decision is all about.”
If you are like many other young lawyers of today, you likely came up through an education system that encouraged teamwork and consensus building in which everyone’s opinion and input were valuable. Warm, encouraging environments that allowed students to discover who they are and develop their own meaning behind their education. Their minds, not something to discipline and develop, but rather soft sponges to hopefully absorb information through osmosis. That there wasn’t really a wrong answer, what mattered was how did you feel about the problem. Which is nice if you care about the feelings of children, but next to worthless in the practice of law…
It’s always struck me as odd how isolated law schools tend to be. They often seem to be the loftiest towers in the ivory towers of higher education. Far removed from the day-to-day grind of their graduates and unconcerned with any sort of practicality as it relates to their instruction. Not only that, they seem to exist separately from the other enclaves of education within their university. For instance, at a university which contains both a law school and a business school, it would seem a natural conclusion for the two schools to work together and provide students with opportunities for cross-pollination of ideas and education. Particularly given law schools’ new found fetishization of “experiential education” and a focus on practical education for law students.
I mean, given the choice to learn how to run a business, would you rather learn from a law professor who spent a year or two as an associate in Biglaw before hitting the life-long professor track, or a MBA who spent 20 years in business before semi-retiring to teach a class or two in business school?
I recently noticed a post by James Levy over at the Legal Skills Prof Blog about LexisNexis’s new “Think Like A Lawyer” program. The program aims to help law students be more prepared to work at a firm while they are summer associates. But as Levy points out:
“Apparently some employers have hired summer law clerks chiefly for the purpose of taking advantage of their free computer research access which until now has been a violation of the end user agreement. But Lexis is changing that with the announcement this week of a new training program called ‘Think Like a Lawyer’ that, among other features, gives 1Ls and 2Ls free, unlimited access to computer research over the summer which they can use in their jobs. That’s going to make it easier for at least some students to find summer clerkships especially with smaller firms where free Lexis access will add value.”
Firms using summer associates purely for free legal research?!? Say it ain’t so. But if that’s the case, just call it the “Free Legal Research Monkey” program and not “Think Like a Lawyer.” Because my knee-jerk reaction was: “Ugh, law school graduates actually need to think less like a lawyer….”
There has been a ridiculous rise of people claiming to be some sort of expert or professional or guru in social media in the past few years. How many? Try this on for size.
So in the three years, the number of social media experts multiplied by 11 times. Either there has been legitimate, explosive growth in the need for social media marketers, or perhaps (just maybe) people are promoting BS and blabber. These people are hoping, desperately, that someone will buy into their BS for long enough to pay them for it.
Unfortunately, lawyers are often some of the people who buy into it. You would think lawyers would know better — logical reasoning, analytical thinking, problem solving, etc. Nope. Lawyers seem to fall prey to these people as often, if not more so, as every other business….
Earlier this week, Carolyn Elefant questioned the value of joining bar associations. Particularly their value in generating business for solo and small firm practitioners. Elefant found bar associations lacking in regards to business development, and generally seemed sour on participation in bar associations for smaller firms. Though she did note a few exceptions:
“I’m not suggesting that solos and smalls steer clear of bar membership entirely; after all, bar associations provide a myriad of practice benefits including substantive information on practice trends, affordable continuing legal education (CLE), and advice on starting and running a law practice.”
While I’m inclined to agree with Elefant regarding the operation of small firms most of the time, in this instance, I have to disagree….
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….
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.