Patent litigators travel frequently. I addressed the topic back in early March. Travel can be tiring, or fun, or a combination of the two. And travel episodes are sometimes good for a laugh afterwards. Sometimes, you can even learn a business lesson or two from a travel experience. On a recent trip, I was reminded that trying to save some money can be costly in other ways. And while it is nice to be running a firm that is a cheaper alternative to Biglaw, there is no excuse for letting that price differential compromise the quality of our services. We don’t, and never will, but reminders of that principle do not hurt either.
A few months ago, Zach and I needed to make a trip to meet with a client and separately deal with an issue in one of our cases. When I was in Biglaw, both of the firms I worked for had in-house travel agents, and because of the nature of my practice, I got to know the actual agents pretty well. If I had a business trip, all it took was an email or phone call, and everything would be arranged based on my travel profile and preferences. The occasional “can you get me an earlier flight” or “flight cancelled, get me home” situation was often handled seamlessly as well. And while I was never in the “client is paying for it, so it’s first class for me” camp, I also never hesitated while at Biglaw to incur additional travel cost when there was a compelling business reason for it.
So if it cost a bit more to take a flight at a certain time of day, so be it — especially if flying at those times would make me more productive, i.e., capable of generating billable hours. Or if an upgrade that would allow me to get some much-needed rest was available for a moderate cost, I would take it. But I could not stomach employing some well-worn Biglaw travel tricks, such as always booking refundable full-fare tickets in coach to pretty much guarantee an upgrade. As the years went by, of course, increased client focus on expenses cut out some of the marginally abusive practices. It is hard to worry about securing an upgrade — when you are trying to get the client to pay for the trip in the first place.
Things are different now that I have my own boutique firm….
* If you’ve been dying to know what the partner compensation spread looks like at your firm, then we’ve got your fix. Check out the insane 23 to 1 spread over at Perkins Coie. [Am Law Daily]
* “It’s a complete structural change, and it’s not going away. The end result is fewer graduates, and fewer law schools.” With enrollment still dropping, the end seems near. [Boston Globe]
* “I predicted the collapse of legal education, but I didn’t quite predict how bad it would be.” Dean Frank Wu of UC Hastings Law is fighting his way out of a rankings slump. Good luck. [The Recorder]
* Widener is the latest law school to roll out a solo / small firm incubator. Only grads from the class of 2014 may apply. Earlier grads are ineligible because they presumably have jobs… maybe. [PennLive.com]
* You may think Chief Justice Roberts and Justice Scalia are “stuck in the past” and “disconnected from the real world,” but you may be wrong. You can read Uncertain Justice (affiliate link), by Laurence Tribe and Joshua Matz, to find out why. [New York Times]
* A judge has denied bail for the Georgia man accused of sending sext messages during his seven-hour work day while his 22-month-old son was left to die in his hot car. Ugh, this is terribly sad news. [CNN]
Of course I took an interest in Jordan Weissmann’s Slatearticles saying that now could be the best time to go to law school. He argues that because of the continuing drop in law school applicants and the supposed increase or stabilization in law school recruiting, future graduates have a good chance of getting entry-level positions in law firms or those “corporate positions of distinction.” Despite this, Weissmann warns readers that “most people should not attend law school,” and that “some lower-ranked schools will continue to deliver miserable job prospects for their students.”
But Weissmann’s articles — as well as Elie Mystal’s and Joe Patrice’s excellentresponses to them — did not adequately address one question that was important to me: How seriously do employers consider experienced attorneys for entry-level legal positions?
Click onwards to read about my personal experience applying to one of these entry-level positions, and my thoughts about the advantages and disadvantages of hiring a newbie versus a veteran….
On Monday, we noted the surprising news of a young partner leaving Wachtell Lipton to start his own boutique firm. Given the rarity of partner departures from the super-lucrative Wachtell, my colleague Staci Zaretsky described the news as “basically like seeing a unicorn.”
Why did Jeremy Goldstein, a 40-year-old partner in the firm’s executive-compensation practice, leave WLRK? The American Lawyer piece about Goldstein’s move painted a happy picture of a lawyer striking out on his own to be more entrepreneurial and to run his own business.
But we wonder if there’s more to this story than meets the eye….
I didn’t know what Prezi was at the beginning of the year. I first heard about it at LegalTech New York in February. Since then, I’ve seen it all over the place and heard of lawyers using it in trial. I have since used it a couple of times, so I am going to explain the benefits and the drawbacks and how to use it effectively.
What Is Prezi?
When you start a Prezi presentation, you begin with a big blank slate. You place pictures and text boxes on your blank slate and pan and zoom into them. Instead of going from slide to slide, you pan from focal point to focal point on your big canvas. The cool part about it is the zooming. You can zoom way into something. So, say you are doing a case about blood clotting and you want to show what it looks like on a cellular level, you would do it like this:
Biglaw associates are used to the “black hole” effect when it comes to their assignments. Sure the work is important and valuable, but because of the disconnect between a typical Biglaw attorney and an actual client, it can feel like any given assignment is destined for a “black hole,” rather than serving as a building block for solving a client’s problem. The further removed the lawyer is from the client, the more pronounced the effect. It can be a morale drainer, especially if it looks like the lawyer will never get the chance to work directly with a client on a matter of significance.
Working at a boutique or smaller firm, where there is more direct client contact by necessity, presents a different challenge to a lawyer’s motivation than the “black hole” effect. Because at a smaller firm, or even for partners in Biglaw firm lucky enough to make the adjustment from service partner to a true “counselor,” the lawyer in close contact with a client must confront the inherent limits in the attorney-client relationship. Yes, it can be much more rewarding to have a practice where you feel like you are partnering with your client to get things done. But it becomes all the more frustrating when you give advice, even good advice, that goes unheeded by that same client….
The other day I walked into my local Starbucks. It was moderately full but there was only one other couple in line. I placed my order after the couple in front of me (tall, skinny chai, extra hot), then sat down to wait. I pulled out my phone and thumbed it to life, scrolling through emails, checking Twitter, the usual. After a bit, I realized I had been sitting there for a few minutes without hearing my order.
The couple in front of me had gotten their order and were doctoring their coffees with condiments. The barista behind the counter had a flicker of motivation as he looked down at the ready area of the Starbucks bar. He was a typical-looking Starbucks barista — mid-to-late twenties, tall, skinny, bearded, with thick-framed glasses. A general demeanor of indifference.
“TALL SKINNY CHAI EXTRA HOT.” I walked up to the bar to get my order.
“Uh, your order has been ready for a bit but, uh, they forgot to call it out. If it’s not hot enough, I guess I can make you a new one or whatever….”
I’m writing today’s column from New York City, where I’m covering Thomson Reuters Vantage 2014, a great conference focused on mid-sized and large law firms’ use of technology. There have been fascinating discussions about how larger law firms are adapting to change and are incorporating some of the latest technologies into their IT infrastructure. Not surprisingly, however, it turns out that like solo and small-firm attorneys, large and mid-sized law firms are often just as reluctant to adopt new technologies and processes despite overwhelming evidence that doing so is the best way to stay competitive.
But the good news gleaned from this conference is that some larger firms are adapting, just as many solo and small firms are. And that’s my goal with this column: to showcase how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. In the process, my columns will hopefully encourage and help other lawyers to do the same.
In today’s column I’ll be featuring Jill Paperno. Jill is a long-time assistant public defender, having worked at the Monroe County Public Defender’s Office in Rochester, New York for over 27 years. She’s currently the Second Assistant Public Defender and is the author of Representing the Accused: A Practical Guide to Criminal Defense (affiliate link). In other words, Jill is a diehard criminal defense attorney and has dedicated her life to defending our constitutional rights.
I participate in at least one group discussion per month where a lawyer — employed or not — asks the collective for advice about starting a solo practice. These nonbelievers envy our independence and our ability to adapt quickly to client needs and changing trends.
We respond with the usual tried and usually true advice: Get ready for uncertain income. Don’t overspend. Don’t underspend. Find a mentor. Find another one. Practice in a unique niche you are passionate about, but also serve the needs of the community. Have a sales mentality. And did I mention network?
After the jump, I will talk about a few other things an unemployed lawyer aspiring solo practitioner should also consider — and rant about the worst reason to start a solo practice….
Are you tired of getting the same questions over and over again from prospective or existing clients? Should I choose an LLC or incorporation? Will I lose my house in bankruptcy? What is a power of attorney? How long will my divorce take? Rather than respond to these same questions over and over, why not school your clients instead?
These days, schooling clients is easy. With the rise of online training and college courses, a broader segment of the population is now familiar with online education. Plus, there are a variety of powerful free tools to create online educational programs to educate clients so that they’ll have a grasp of the basics.
OmniVere’s delivery of end-to-end technology & data consulting to position the company as a true differentiator in the global legal technology and compliance space.
CHICAGO, IL, September 29, 2014 – OmniVere today announced the creation of the company’s technology & data consulting arm and the addition of several industry-renown experts, including the former co-chairs of Berkeley Research Group’s (BRG’s) Technology Services practice, Liam Ferguson, Rich Finkelman and Courtney Fletcher.
This new consulting practice will provide and expand existing OmniVere eDiscovery consulting services to corporations, law firms and government agencies with a special focus on compliance, information governance and eDiscovery. This addition of this top talent now positions OmniVere as a true industry leader in the technology and data consulting space offering best-in-class end-to-end services.
Ferguson, Finkelman & Fletcher are nationally recognized experts and seasoned veterans in the areas of overall technology, electronic discovery, and structured data. At OmniVere, the team will be focused on all global consulting activities with respect to legal compliance, complex data analytics, business intelligence design and analysis, and electronic discovery service offerings.
The Trust Women conference is an influential gathering that brings together global corporations, lawyers and pioneers in the field of women’s rights. Unlike many other events, Trust Women delegates take action and forge tangible commitments to empower women to know and defend their rights.
This year, the Trust Women conference will take place 18-19 November in London. From women’s economic empowerment to slavery in the supply chain and child labour, this year’s agenda is strong and powerful. Speakers include Professor Muhammad Yunus, Nobel Laureate and founder of the Grameen Bank; Phumzile Mlambo-Ngcuka, Executive Director of UN Women; Mary Ellen Iskenderian, President and CEO of Women’s World Banking and many other influential leaders. Find out more about Trust Women here.