For lawyers who enjoy thinking and writing, but don’t have much taste for the hand-to-hand combat of discovery, appellate practices are pure joy. Appellate advocates bask in the intelligence and majesty of the law, without having to do daily battle with psychopaths.
For big firms, appellate practices are the crown jewels of the litigation side of the shop: “We’ve argued cases in the Supreme Court!” “We participated (either on the merits or as amici) in ten percent of the Supreme Court’s docket last year!” Shout it to the heavens! What’s the implicit message?
“We’re doing these cases for free!”
Oh, Herrmann, you’re such a cynic. Surely the implicit message is: “We’re God’s gift to advocacy!”
It’s a marketer’s dream.
But one leading appellate lawyer recently told me that the Great Recession has hurt his practice in ways you wouldn’t expect. And I’m here to tell you that, although appellate practices done right can help a firm, appellate practices done wrong are dangerous things . . . .
Last week I wrote about the times when you experience loss in your career. It is a thing that everyone will face at some point. I touched on how to set aside and move on from these losses in order to continue on with your day, serving your clients, and doing your job.
But lawyers often let themselves get wrapped up in their jobs, letting them define who they are. When you are at work from 7 a.m. to 7 p.m. five days a week and a few hours on the weekend, your job can come to define who you are whether you want it to or not.
One way or another, all lawyers use technology. But some lawyers use it more than others. And for certain lawyers, like Lisa Epperly, their practices wouldn’t be feasible without technology.
Lisa is a partner at Babb & Epperly, PLLC, a firm that handles transactional matters, including business and employment law cases, and also serves as outsourced in-house counsel for businesses. Lisa and her partner also appear in court for other lawyers. Her practice is a virtual one, meaning that she and her partner do not have a brick and mortar office and instead hold meetings elsewhere, oftentimes traveling right to their clients’ doors and meeting with them in their offices.
Joe Patrice wrote about virtual practices earlier this week, noting that 21st-century technologies are what made this type of practice possible. That’s certainly the case for Lisa, who relies heavily on mobile tools as part of her law firm’s technology arsenal.
This is a continuation of the article I published in ATL two weeks ago. My previous article gave my view that the profitability metric of “Profits Per Partner” becomes in effect a master (rather than a servant) and is destructive and a root cause of some serious problems for Biglaw. In this article, I put forth a different way of doing business.
A long time ago, we at Duval & Stachenfeld decided that we would not make partnership decisions in our law firm based on a “numbers game.” Instead, we would look at the quality of the associates, and if they were qualified, we would make them partners irrespective of the effect that had on our firm economics. We have stuck to that view rigorously.
Since I began my job search, I have read many books and articles on how to find a job. Most of them gave the usual tried and true advice — meet people and learn new skills — with some variation. And to prove their points, they include cool and heartwarming anecdotal stories.
But I have also been given awful job search tips. They typically revolve around a story about someone who uses a gimmick to get the attention of an employer. One thing leads to another and the applicant is hired over the many others who had better grades and work experience. The success story is passed off as advice because it worked in his particular case in very unusual conditions.
After the jump, I will discuss some of the worst job advice I have been given.
At some point, while stuck in an unending traffic jam or pressed up against the throngs of humanity in an unair-conditioned train, every lawyer contemplates working from home. And any lawyer with kids thinks about working from home about twice as often. Imagine the convenience of strolling down the hall to begin the workday, dressed in your finest “whatever was laying around,” and taking a break to read Above the Law without anyone being the wiser. Living the dream.
Unfortunately, this dream is beyond the grasp of most lawyers today. The staid legal industry expects lawyers in their offices near their colleagues, even though few tasks aren’t handled electronically — even when lawyers sit mere steps away.
Fair or not, lawyering from home raises eyebrows. “If you’re working from home, people tend to assume you’re either doing it because you’re good at what you do, so you can, or because you can’t make it anywhere else, so you have to. You want to brand yourself as the former.”
One would certainly hope so. How does a lawyer go about doing that?
At this stage of my career, I am pretty removed from the Biglaw associate recruiting scene. So I don’t know if firms have finished hiring their summer associates for summer 2015, or whether current 2Ls are evaluating offers and deciding which firm to join. While I was in Biglaw, I was very involved in supporting the recruiting department’s efforts, whether it was serving as a summer associate mentor or interviewing lateral candidates. So I know how seriously the process is taken by both Biglaw firms and the candidates.
As serious a business as recruiting is, however, it is often difficult for students and lateral candidates to distinguish between firms. Sure, enterprising law students and associates can study PPP or “prestige” charts in the American Lawyer or on Vault, or even take advantage of the vastly improved research tools for associates on sites like this one (including ATL’s law firm directory). Even more enterprising candidates will take advantage of their networks to solicit “real-world” feedback about the associate experience at firms from current and former employees of those firms. In sum, there is plenty of information, both collected and anecdotal, for young lawyers to consider when they are lucky and accomplished enough to have earned the right to choose between Biglaw firms vying for their services.
It is great that all this information is now available. But I think what younger lawyers would benefit from most is direction as to what information is worthy of focusing on, especially when making critical career decisions.
* If you want to know why Justice Sonia Sotomayor’s summer was “really not fun,” it’s because she spent it reading a book about Justice Antonin Scalia and a book written by Justice John Paul Stevens. [Washington Whispers / U.S. News & World Report]
* “There is less money to pay everybody.” Corporations are shifting more and more of their legal work to their in-house lawyers, and some law firms — especially smaller ones — are feeling the financial squeeze. [WSJ Law Blog]
* If you’ve wanted to know what federal judges discuss during their bathroom breaks, stop wondering, because it’s not that exciting. All they talk about is their “stupid little trials,” and get overheard by jurors and forced into disclosures. [New York Daily News]
* Dewey know why the former leaders of this failed firm want their criminal indictment dismissed? It’s because the case is allegedly based on a “flagrant misunderstanding of the law.” [New York Law Journal]
* If you want to own a “piece of history,” Jodi Arias is auctioning off the glasses she wore during the first phase of her murder trial. She intends to donate the proceeds of the sale to (her own?) charity. [Daily Mail]
Starting out one’s career as a lawyer is hard. You’re inexperienced, with only a passing knowledge of the law, thrust into being responsible for other people’s problems. Too often you might not feel confident in handling your own. People are going to criticize you for any mistake you might make and take you to task for not handling a matter exactly as they would have wished. When beset with criticism and difficult situations, it can be easy to turn inwards and reel in feelings of doubt and a lack of self-confidence.
I thought now would be a good time to give a progress report on my job search. It’s been a little over five months since the race began, and I still have not reached the finish line. All of the jobs openings I applied to have been filled. By someone else.
Recently, I wrote an email to an attorney named Stephanie whom I have known for many years and think of as a role model. Since I have been feeling discouraged and cynical lately, I thought it would be best to be direct with her and not beat around the bush. I was curious what kind of response and advice she would have, if any.
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: