Here’s a message to all lawyers drafting demand letters. Before you fire off that deliciously evil, in-your-face, incendiary letter replete with all those unreasonable demands you dreamed up over the last 30 minutes of editing, take a good hard look at what you’ve written, and then stop. Just… stop.
What did you think you were going to gain? Did you hope it would help your letter stand out? Prove to your adversary that you’re really serious? Set a bold opening bid for negotiations? Are there visions of a terrified person reading your letter and running to the phone to give your client everything under the sun?
Because none of that is going to happen. All you’ve managed to do is torpedo your credibility… and now you’ll probably end up getting trolled by a popularlegalindustry website.
Take, for example, these guys, whose string of ridiculous demands not only failed to reduce their adversary to jelly, it elicited a declaratory judgment suit.
So the question is, “Would You Rather: Be self-satisfied over your own cleverness or save your client from litigation?”
It’s so refreshing when the filings and correspondence in celebrity lawsuits live up to personalities involved. So it’s a tremendous joy when a bombastic and confrontational figure has a lawyer willing to colorfully snark up a settlement offer… and then let that letter leak so we can all revel in it.
In this case, the litigant is retired former All-Star Jack Clark, who is being sued by the still-active, but nonetheless also former All-Star Albert Pujols, after Clark repeatedly and publicly accused Pujols of using steroids. How much of a career dick is Jack Clark? His Wikipedia entry uses the words “rift,” “feuded,” and “enjoyed playing for manager Billy Martin.”
In any event, Clark’s lawyer endeavored to make a settlement offer worthy of his client and produced an enjoyable read for all involved. So let’s take a look at what Clark offered Albert Pujols, if that is his real name….
If you enjoy fashion, check out our sister site, Fashionista.com.
Fashion law is a quickly-growing specialty practice area — a place where lawyers can aspire to dress stylishly while honing their legal skills in the glamorous world of haute couture law. You may never see all of the models and bottles a career in law once guaranteed, but you might get to work on their contracts.
A lawyer working in the business of beauty can expect to do a great deal of intellectual property work (after all, trademark law is sexier when you’re doing it in designer duds). An IP student group at a leading law school took that to heart, and decided to hold a symposium on the topic of fashion law.
The students pulled out all the stops for the event: they got Biglaw sponsorship, they created an eye-catching flyer, and they lined up some of the greats of the fashion law world to speak. Needless to say, they expected a great turnout.
What they didn’t expect was to be on the receiving end of a cease and desist letter from a high-end fashion house….
Have you ever noticed that some lawyers become different people when they get in front of a keyboard?
It’s like a Jekyll-and-Hyde kind of thing. They might be perfectly pleasant individuals in real life, capable of warmth or at least civility to their fellow human beings. But get them in front of a computer with a law-firm template on the screen, and they turn into some sort of lawyerly unmanned drone.
Most lawyers, especially junior lawyers, have an idea about what a lawyer letter is supposed to look like. It generally has fancy lawyerly words like “pursuant to,” and it usually includes lawyerly weirdnesses like parenthetically writing numbers in figures after having just spelled out the numbers in words (“If we do not receive a response for you and/or your counsel in five (5) days …”), and it almost always contains threats about Very Bad Things happening. And they tend to be uniformly douchey.
But here are four (4) reasons why lawyer letters are less effective than phone calls.…
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.