Previously on Moonlighting, we considered some common mistakes that law firm attorneys make when pitching their firms to seek work from new clients. It featured such dramatic gems as: find out who our enemies are; BS sounds like… gee, whaddya know… BS; and cameos from other need-to-know concepts making their appearance on the big (computer) screen.
In this week’s episode article, we’ll look at the other side of the coin, with a remake that focuses on the in-house lawyer’s perspective. What are some ways that in-house lawyers can ensure that they get the most out of those pitch meetings?
You’re an attorney at a mid-sized or large firm and have received an opportunity to pitch your firm’s work to a brand new prospective client. You’ve researched the company and the deals that your firm has worked on that would be a good match. All you have to do is go into the meeting sounding like you know what you’re talking about, and soon you’ll be raking in the hourly dough, right?
Perhaps. Many attorneys would be benefit from heeding Alexander Graham Bell’s words: “Before anything else, preparation is the key to success.” A lot of you falsely believe you’re just unnaturally talented at just winging it. And most of the companies you pitch to will never tell you that no, you’re really not. What follows are some actual examples of some common mistakes that lawyers make when pitching their firms to in-house counsel….
Last week, we evaluated the importance of executive presence for gaining your colleagues’ trust and confidence, as well for career advancement. We also examined more specifically what we may be inadvertently communicating to others with just our body language. For those of you who didn’t have a chance to read last week’s article, I know you’re dying to find out what you missed (your body language told me), so you can catch up right here.
In this article, we’ll explore several other qualities that together create the bright and beautiful package of executive presence that you can use to rule the world. MUAHAHAHAHA. (I know, I have a bit of a problem…sorry….)
Suppose you had two work colleagues. Both are great lawyers. Both produce superior results, and are admired and respected by their peers for their substantive knowledge and work ethic. Lawyer #1 shows up to most meetings a little bit late, sits hunched over, and speaks in low tones that are difficult to hear, making eye contact with only one or two people in the room. Lawyer #2 is always on time, sits straight, and speaks clearly and loudly enough for everyone to hear, while making eye contact all around the conference table. Lawyer #2 even has nice teeth.
Again, assuming both lawyers are equally competent in their subject matter areas, whom would you send to the next important meeting with the senior executives? Since this is not a trick question, no duh — Lawyer #2. Heck, I’d choose #2 over #1 for anything I even semi-care about (including proper dental hygiene).
Executive presence is one of those soft skills that they just don’t teach you about in law school. Yet, it’s a critical quality you’ll need to perfect in order for you to gain your clients’ trust and to progress in your career. Your pretty face and ability to spew out boilerplate assignment provisions in your sleep will not get you there alone. And despite its name, executive presence is not just for executives….
Hello readers! This post marks the one-year anniversary of my writing for Above The Law. **Hooray!** Whew, okay, now that all of that crazy excitement is over with, let’s move on.
Every once in a while, I meet people who ask whether there’s any value in doing a clerkship if they would eventually like to practice transactional law in-house. Like a dutiful little blogger, I consulted with several senior in-house attorneys on their thoughts about whether a clerkship is valuable for an in-house transactional practice.
The lawyers I consulted who hadn’t clerked generally saw little to no value in a clerkship with respect to an in-house transactional practice. Why spend an entire year of effort on something that’s not going to be directly applicable to your practice (and, by the way, pays diddlysquat), when you could be getting firsthand experience drafting contracts and working on deals on Day 1? Plus, it’s not like businesspeople have a clue what the difference is between a law clerk and, you know… a rock.
The attorneys who had clerked, on the other hand, saw many potential benefits….
If you took a poll in which you had to answer how good a lawyer you are, how would you rank yourself — below average, average, or above average? With the “illusory superiority” phenomenon at work, more than 50% of you would respond that you’re an above average lawyer. Now, you don’t have to be good at math to figure out that something’s not quite right here.
Because I care about my ATL readers, I’ve decided to make it my mission in this post to enlighten those of you below average lawyers as to your not-so-great-as-you-think-ness. The key to getting around illusory superiority is to not rely on your own fallible opinion of yourself. Instead, look to other more objective indications of your inferiority.
What are some signs that you may be a below average lawyer?
I assumed that pretty much everyone had seen the music video by now — multiple times. Scores of news sites, including CNN, ABC, and the Huffington Post have written it up. There have been tons of positive responses from significant players in the entertainment industry (including T-Pain, who tweeted, “Words cannot even describe how amazing this video is…”). As of writing this article, it has over 170 million YouTube views, and is currently the number one downloaded music video on iTunes. Heck, they even did a “dance cam” of the video at Dodger Stadium and non-Koreans watching the game broke into the dorky-becomes-cool horse dance!
But I kept finding that friends, even people active in social media, hadn’t yet experienced the greatest music video ever (did I mention flash mobs in Australia?). I had thought that just because there was promotion, you know — everywhere — for it, the video was more broadly known than it actually was.
Promoting yourself at work can be similar. No, not celebrities tweeting your awesomeness or dance cams in the office conference room. What I’m talking about is that you may think that you’ve made your contributions at work obvious to those around you. But you may be surprised to find that they’re clueless about your efforts, just as I’m surprised to find that people around me haven’t yet heard about the Gangnam Style music video, which is after the jump….
Q: What’s one way in which the non-lawyers at your company are just like law firm partners?
A: Each person cares almost exclusively about her own work and her own little universe. And expects you to do the same. There’s no reason why Finance, Customer Service, HR, and Marketing can’t all be the most important function in the company is there?
Business people don’t have much incentive to give you a lot of time to review or prepare a legal document or address an issue. Generally, the faster they’re able to close deals, offer new products and services, and complete projects, the more quickly the company will make money and they’ll get the pats on the back. It’s actually hard to blame them for wanting everything done ASAP. Heck, I’d be the same way if I were on the business side.
From a quality of work and life perspective, though, “ASAP” is a bad way for a lawyer to go about things. Work quality decreases while stress levels increase. To manage ASAP requests, try to distinguish between the types of requests and collaborate with the business folks to meet their needs….
So you like being an M&A (mergers and acquisitions) lawyer. Wonder if M&A work is different in-house compared to private practice? It’s just slightly different. Like maybe about 90% slightly different.
If you’re an M&A lawyer at a firm, your main responsibilities on a deal will be to draft the purchase agreement and other documents, actually review all of the due diligence on the company to be acquired, advise on and negotiate various legal issues, and keep track of everything that needs to be signed, filed, and otherwise happen from a legal standpoint to “close the deal.” The other primary value that outside M&A counsel provide is to inform on what’s standard and market in M&A deals and arrangements. This all sounds like a lot. And it is.
But because the tasks required of outside counsel are pretty much “pure legal” items, they’re a fraction of the amount of work that needs to be done by the in-house M&A attorney, who gets to manage all of the above, plus much of the non- or pseudo-legal stuff that the rest of the company actually cares about…
Last week, I wrote about how gossiping at the office can indicate that you’re in dire need of soft skills training or may be a pathetic, passive-aggressive coward. Or, more likely, both. After I submitted the post to ATL, David Lat (aka The Legal Gossipmonger Grandmaster) reminded me that hey, gossip can be positive too! The Grandmaster was absolutely right, of course, as my article had really only focused on the type of gossip where people whine and complain about their coworkers.
I thought, hmm, true — gossiping at work can definitely have a positive impact on you if you’re gaining information that will be useful to you on the job. Like finding out about which IT dude won’t treat you like the complete tech idiot that you are. Thanks to one of the commenters, I decided to dig a little further into what some of the other positive effects of gossip could be. And I was surprised by what I learned….
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.
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.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
Connecticut plaintiffs-side boutique litigation firm (12 lawyers) seeks full-time associate with 2-4 years litigation experience, top tier undergraduate and law school education. Journal or clerkship experience a plus; highest ethical standards and strong work ethic required. Familiarity with Connecticut state court legal practice is preferred, but not required.
The firm handles sophisticated, high-end cases for plaintiffs, including individuals and businesses with significant claims in a wide array of matters. Our cases often have important public policy implications, and are litigated in state and federal courts throughout Connecticut. Representative areas of practice include medical malpractice, catastrophic personal injury, business torts, deceptive trade practices and other complex commercial litigation, and products liability.
Additional information can be located on our website, at www.sgtlaw.com.