This CBA recommendation is refreshing when juxtaposed against the Texas State Bar ethics ruling stating that a Texas law firm may not use “officer or principal” in job titles for non-lawyer employees or pay profit-based performance bonuses. As Fred Headon, Assistant General Counsel at Air Canada and CBA President, urges:
I’m sitting in a Vancouver, BC coffee shop with Gerry Riskin, author of the Amazing Firms, Amazing Practices blog. We’re talking about leadership and the differing mindsets of lawyers and business people. Our conversation was prompted by Gerry’s mindset slide:
I can relate. Early in my legal career, I worked with lawyers in leadership roles who wore this mindset like body armor. They did not inspire. They did not act in ways that moved people closer to a common goal. They often left a bad wake. They lacked awareness. They were not good leaders….
Major law firms select their leaders in different ways. Some have a committee of partners do the picking, for example, while others have the outgoing leader designate her successor.
Rank-and-file partners often have little to no say in the selection. And, perhaps because the process is frequently run by a small group of people at the top, it doesn’t often come with much public drama. Yes, some firm leadership struggles boast intrigue worthy of Game of Thrones, but it’s generally kept under wraps.
At one prominent law firm, though, the entire partnership selects the managing partner in a firm-wide vote. This year’s election was contested — and not everyone is happy with the results….
As discussed last week, I agreed to answer some questions from Professor Bill Henderson of Indiana University’s Maurer School of law in exchange for his kind agreement to be interviewed (parts 1 and 2 of that interview available here and here) for this column. This week, I conclude our exchange by answering his final three questions. In so doing, another year of writing for ATL will come to a close, and I wanted to take the opportunity to thank everyone who interacts with this column, whether as reader, commenter, interview subject, or editor. May 2014 be a year of success, health, and growth for us all.
BH: You have chided your fellow lawyers to give back to the next generation of lawyers. I certainly agree. However, between moral exhortation to do the right thing, or changing incentives within law firms, where should we focus our efforts?
I went through my first 360-degree review — where those above, beside, and beneath you in the organization all anonymously evaluate your performance — two years ago. Never one to shy away from abject public self-humiliation, I shared the result of that review in this column. I revealed that my biggest “blind spot” two years ago was in the area of celebrating the accomplishments of folks on my team: I thought I was pretty good on that score; those who worked under my supervision begged to differ.
I told you that I would fix that problem, and I did. During this year’s 360-degree review, my score for celebrating our accomplishments was a solid 4.0 — 0.9 better than two years ago, and precisely how I’d graded myself this time around. It had actually been pretty easy to solve this problem: I distributed emails celebrating our victories more often and to wider audiences; I stopped by folks’ desks to congratulate them on wins; and I was otherwise more sensitive to letting the world know when my merry gang of litigators did nice work.
Now that I’ve solved one management problem, however, another one naturally reared its ugly head during this year’s 360-degree review . . . .
Every Biglaw firm has a leader, or at least a public face — sometimes the chairman, sometimes the managing partner. At some firms, one boss is actually two, co-managing the firm into a future of profitable bliss. Nowadays, most of these “personalities” undergo serious media training, so that the firm’s most recent “report card” can be spun to the legal media in the sunniest of fashions. For some unfortunate firms, frequently mentioned on ATL (whose logos Lat has bookmarked for easy cutting-and-pasting), the head honcho is also a crisis-management aficionado.
And in today’s age of the global Biglaw firm, the boss is well-informed regarding the business-class product of various airlines. They probably have a favorite seat on well-traveled routes. “United to San Francisco from Newark? You definitely want 2B, and tell the stewardess right off the bat that you want the coffee hot when you wake up from your nap.” It has become a Biglaw tradition for the head of the firm to visit every office on at least an annual basis. For the boss, it is a chance to give a nice state-of-the-firm pep talk, and spend some quality time with the one or two partners in that office who really matter. For everyone else, these visits mean everyone needs to get dressed up, look enthusiastic at the partner lunch or post-work cocktails in the conference room, and try to look alert in your office (all day long, unfortunately) in case of an unanticipated visit….
Folks (including those who wrote the Federal Sentencing Guidelines) think that “tone at the top” matters. And those folks are right: If senior executives include the words “with absolute integrity” in their elevator speeches about the company, other people in the organization will catch on. People will come to believe that ethics matter, and ethics will thus come to matter.
But there’s another aspect of “tone at the top” that the Federal Sentencing Guidelines don’t compel: What are we trying to achieve as an institution? What’s your organization’s “tone at the top” on issues apart from obeying the law?
Does a drug company want to “discover and manufacture new substances to help people live longer, healthier lives”? Or does it want to “deliver maximum return to shareholders”?
Or maybe it’s all the same thing. As the (perhaps apocryphal) story goes: An interviewer asked Itzhak Perlman what he wanted out of life. Perlman said he wanted to play the violin. The interviewer was shocked: “Don’t you want to be happy?” “I want to play the violin. If I play the violin, I’ll be happy.”
Maybe if you develop drugs that improve and prolong lives, your shareholders will be rich. (And you’ll probably be happy, too.)
What’s the goal of your professional services firm: Do you want to strive for perfection? Or do you want to generate revenue? Or do you bill by the hour, so it’s all the same thing?
In-house promotions are tricky. There are so many different kinds of companies, and so many things that can go wrong when you’re looking for a promotion. Some companies are upfront about the process: they’ll inform you if you’re being considered, let you know which committees need to approve, etc. Others are kind of like, “Uh, promotion, what’s that?,” and then they’ll just drop one on you when you least expect it, and run away (not that you’d complain about it).
Here are a couple of the obvious considerations that the powers-that-be will take into account when deciding whether you are worthy of attainment of the next level:
1. Do you do good work (i.e., do you have good legal/technical skills)?
2. Do you have good soft skills? Remember, from my last couple of posts — this covers everything from effective communication, to leadership, to being tasked with convincing your peers that going as breakdancing elves to the holiday party can show the rest of the company that Legal can be fun, too! Soft skills make or break a lot of promotion opportunities, and your superiors are looking for them. For example, one very senior in-house attorney mentioned that having courage of your convictions — to speak up (in an appropriate manner and in the appropriate venue) when you think a strategy is flawed, or when you think you have a better idea — is what distinguishes a leader from the rest of the pack.
Alright, so let’s say that you have #1 and #2 covered. And you’ve made it absolutely clear that you want a promotion (and “I was wondering if, uh, you noticed what a good job I did on that contract the other day” doesn’t count). You should start evaluating color schemes for that larger office you’ve been eyeing, right? Well, don’t switch your name plate over just yet. As far as your company’s concerned, “yes” answers to the above questions are great, but they just mean you’re performing as expected for your level. Here are some of the less obvious questions that they’ll also be thinking about….
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 seven years. You can reach them by email: firstname.lastname@example.org.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at email@example.com or firstname.lastname@example.org. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
Take this opportunity to learn what it takes to streamline your accounting and get the most out of your time. The webinar agenda:
● The basics of accounting for lawyers.
● How legal accounting differs from regular accounting.
● Report and reconciliation issues surrounding trust accounts.
● How to pick and integrate the best accounting tools for your practice.
● Steps to prepare your tax return for your firm’s income.
Do not miss this crucial chance to optimize your accounting practices. Save time and get back to billing!