At a law firm, law matters. Law is the center of the institution’s universe, and it’s all everyone is thinking about.
It’s the other functions that don’t matter: “Another email from IT? Telling me about interfaces and gigabytes? Why don’t those clowns leave me alone?”
“Another email from finance hectoring me about time sheets? Don’t those morons know I’m busy?”
At corporations, law (and compliance) is an “other function.” The businesses are concentrating on their businesses, and law and compliance — along with human resources, information technology, and finance — are, at best, a means to an end. If you mirror the other “shared services” and send incomprehensible communications to the businesses, the businesses will soon realize that you’re just one of the pests, meant to be ignored.
Inevitably, if a business person accidentally steps over some legal line, you’ll hear that the business guy had no clue that the line existed: “Yeah, yeah. Now that you’re telling me about it, I understand that we have that rule. But how was I to know? The rule is buried on the fourth page of some impenetrable policy hidden somewhere in our computer system. I spend my time selling; I can’t waste time trying to make sense of your legalese.”
If you don’t sympathize with that guy, then you’ve been a lawyer for too long. His criticism is not just an excuse for having violated the rules; his criticism may well be the truth. How can you change that reality?
Welcome to Above the Law’s newest feature, Fun With Fine Print. This occasional column will chronicle especially clever or awful examples of legalese, fine print, disclaimers, disclosures, and the like. Our readers who spend so much time toiling over contractual language, drafting it beforehand or litigating it after the fact, will hopefully appreciate — and contribute to — this feature.
We’ll start things off with an example of infamous fine print. Earlier this year, Subway got torpedoed over its regrettable response to a customer complaint. After Australian teenager Matt Corby complained that his “footlong” Subway sub was a mere eleven inches, Subway invoked the following fine print: “With regards to the size of the bread and calling it a footlong, ‘SUBWAY FOOTLONG’ is a registered trademark as a descriptive name for the sub sold in Subway® Restaurants and not intended to be a measurement of length.” Personally speaking, I think eleven inches is more than enough — but based on the uproar and litigation, maybe I’m in the minority.
Now let’s look at legalese worth celebrating, for its cleverness and its clarity. It also comes from a fast-food provider….
In case you don’t know by now, many lawyers — maybe even you — enjoy writing cease and desist letters in a foreign language called legalese. This exotic tongue often contains Latin phrases, SAT vocabulary words, and various here-and-there words (e.g., herein, heretofore, hereinafter, hereunder, thereof, thereto, therewith, thereunder, therefor, thereon, and therefrom).
A person unfamiliar with legalese may become frightened and run to another attorney for help in deciphering this mystical language of lawyerly legend. The lawyer who has been tasked with translating legalese to English may then become annoyed, and issue a scathingly funny letter in return.
For an example of a great response to a cease and desist letter, keep reading….
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
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:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.