Fiscal year end for us is officially this coming Saturday. Until then we’re expected to be on call 24/7. While it might seem draconian, we’re a sales-based technology company, and the push is on for the “Field” to get their year-end orders completed. I readily admit that being “on-call” just four times per year (three quarter ends and one year end), rather than “all year all the time,” is not a bad deal.
When I was in private practice, you were expected to respond top clients ASAP, if not sooner. It didn’t matter where you were or what you were doing, you had to respond. I brought that attitude with me when joining my current employer. This not only took many of my clients by surprise, but by putting myself out there as a go to attorney 24/7, I find that very few clients actually take advantage of that proposal. Truth be told, I am able to “disconnect” on vacation weeks, and I have forewarned anyone tempted to call me at home that if it isn’t a true emergency, I’ll just put my two-year-old on the phone and let them discuss the latest happenings in rugrat world….
We say “for the most part” because, for associates billing under 2100 hours, the scale is below Cravath — but just slightly. And it’s our understanding that not many QE associates bill less than 2100 hours anyway.
A story I often tell is about the first time I took a deposition. I got there early, and I thought that the most important thing was to control the witness. I didn’t realize the first time around that the way you control somebody is not by intimidating them. But I adjusted the chair that I was sitting on so that I’d be really tall, and could look down imposingly on the witness. But I raised it so high that as soon as I sat down, I toppled over and fell backward.
Yeah, some people thought I might be nuts for leaving litigation powerhouse Quinn Emanuel. But the prospects of starting my own firm and building a practice from the ground up were too compelling to ignore. Nearly two and a half years have passed since Colt Wallerstein LLP opened its doors, and still not a day goes by when my partner and I aren’t humbled by our good fortune and our decision to “trade places”: that is, move from Biglaw to start a litigation boutique in Silicon Valley that focuses on high-tech trade secret, employment, and complex-commercial litigation.
I graduated from law school in 1999, and the legal market was very different then. Getting into a “top” law school pretty much guaranteed a job, and most of my law school friends and I had multiple offers and no real concern about landing a Biglaw job, if that’s what we wanted. Offer rates hovered around 100%, and of course the lucrative summers consisted mostly of long lunches at five-star restaurants, luxury box seats at baseball games, open bars, and very little work.
Plaintiffs’ lawyers in class action cases: are they heroes, or villains? Do they make too much in fees, leaving the classes they represent high and dry? Or could it be argued that they make too little for the work that they do?
When doing research for my columns, I spend a lot of time thinking about how small-firm attorneys can get the right kind of attention. I can easily find examples of getting the wrong kind of attention: Kim Kardashian, Conrad Murray, and that child-bride who married the guy from Lost. Then, I received an email from a young small-firm lawyer practicing in Winston-Salem who provided me with a positive counter-example.
Michael Wells, Jr. practices personal injury law, litigation, and estate planning at Wells Jenkins Lucas & Jenkins PLLC. Wells is the youngest lawyer at this ten attorney firm. One of the other ten is his father, Michael Wells, Sr. Early on in his career, Wells set out to distinguish himself from his highly successful father and he has succeeded. The lessons he learned along the way can provide a useful road map for young attorneys….
I posted last week about the idea of providing training intended to give lawyers wings — to teach lawyers the skills, and give them the experiences, they need to leave their firm or corporation and move forward on a career path elsewhere. If you thought that was a good idea — if you thought that your firm or corporation might benefit by being known as the place that trained people to become great lawyers — how would your firm pursue that goal?
I actually saw this happen once: I saw a lawyer design a training program to permit him to perform adequately in another job. But the situation was a bit unusual. A heavy-hitting litigation partner at my former firm accepted a job as the general counsel of a large corporation. That guy realized that a litigator’s training has gaps; litigators know the rules of procedure and the substantive law governing cases that they’ve handled, but litigators may be ill-equipped to become general counsel. A litigator is likely to know very little about preparing securities filings, negotiating M&A transactions, advising boards of directors about non-litigation matters, and the like.
My former partner created for himself what I’ll call “General Counsel University.” He asked a bunch of our partners to set aside a half day each to give him a primer about their areas of expertise. He spent time chatting with an employment lawyer about the basics of executive compensation. He spent a half day with a public company securities lawyer, trying to learn the nuts and bolts of securities filings. He talked to M&A lawyers, spent a few minutes with the corporate tax folks, and so on. (Why was he able to do this, you ask? First, he was a heavy-hitter; people were willing to make time for him. Second, he was about to become the general counsel of what could be a very significant client; it made sense to be nice to the guy.)
We recently had to hire a new lawyer to help with our litigation in the United States. Not surprisingly, that got me to thinking: What are we actually looking for in lawyers that we hire?
Some companies litigate their own cases in-house, writing their own briefs, taking depositions, and trying cases. If that’s your company’s model, then you’ll need to hire lawyers with a certain skill set.
My joint operated that way at times in the past, but now uses in-house lawyers to manage litigation. We hire outside counsel to represent us, and the in-house lawyers typically supervise the work being done by outside lawyers. In that environment, who’s the right person to hire?
Even in that more restricted world, the answer isn’t immediately clear….
In 25 years working at law firms, I never offered this to a client. In two years working in-house, no outside law firm ever before offered this to me. But I heard it moments ago, and I couldn’t believe how foolish I’ve been. I smiled, shook my head, hung up the phone, and popped open the blogging software for your benefit.
“When we’re handling a major case that is so terribly expensive to defend,” says my outside counsel, “we like to have an ‘all-hands’ meeting with the client once a quarter. Our entire team will fly to your headquarters for the event. We’d like you to invite not just any appropriate in-house lawyers, but also relevant people from the business unit and any senior managers who might either be concerned about the cost of the litigation or have ideas to offer. We find that people who aren’t directly involved in the litigation often suggest great ideas.
“We won’t charge you anything for these quarterly meetings. We’ll write off our time, and our firm will pay the travel expenses. We just think it’s a good idea to have these meetings regularly in cases as important as this one.”
I personally had nibbled around the edges of this idea when I was in private practice: “We’d like you to schedule a two-day educational conference about the product involved in the litigation,” I had said in the past. “Have each of your folks who helped to design the product, know its regulatory history, and so on, speak for an hour. We want to educate our entire team and to meet the key players in person. Naturally, we won’t charge you for our time or travel expense.”
That’s okay. It’s a nice offer; it serves an important function; and it causes a bunch of your lawyers to meet a bunch of client representatives. But the offer I just heard is much better. It achieves so much more. Why?
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When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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