Small Law Firms

Astute Biglaw associates, and their fellow associates at boutiques and smaller firms, share an understanding with Tyrion Lannister. For those who don’t watch Game of Thrones, nor read the books upon which the popular series is based, Tyrion (played by the Emmy-winning actor Peter Dinklage) is the proverbial “second son,” whose father serves as the de facto ruler of the kingdom. His sister is the Queen Regent whose taste for wine matches only her disdain for her younger brother.

At this point in the series (spoiler alert — skip down two paragraphs if you are not up to date with the show), Tyrion stands on trial for alleged regicide. Rightfully skeptical of his chances of exoneration by the tribunal standing in judgment of him, Tyrion elects for “trial by combat” as a means of proving his innocence. While a smart choice, Tyrion is far from capable of physically defeating the literal “Mountain” man that his sister and accuser has selected to represent the “State” in Westeros v. Lannister. He needs a champion.

And he finds one, in the form of a visiting Prince who nurses a longstanding grudge against both Tyrion’s family members, and the man who will be his co-combatant — lucky for Tyrion, as his previous attempts to recruit others to stand as his champion had failed. When we see him at his moment of salvation, he is a desperate man, jailed, facing capital punishment at the hands of a blood-starved beast who disembowels malnourished slaves for sport. The appearance of a champion may not improve his situation all that much. But it gives him hope, and with hope comes the will to carry on.

Law firm associates may not have it quite as bad as Tyrion, but they share in common with him the need for a champion to secure their future….

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Keith Lee

As has been discussed ad nauseam, it’s a tough time to be a lawyer right now. The legal industry is in a rut and the economy continues to limp along. With the flood of lawyers that have been forced to hang their shingle over the past few years, there has been increased competition for clients. This has led to some fairly cutthroat competition in the world of attorney advertising.

Many types of practice don’t advertise. Or rather, their advertising is of the tried-and-true “display expertise” variety. Write articles for your bar association magazine, speak at clients’ industry events, join boards and committees. Not so much talking about yourself, but showing that you are active and engaged in the legal industry. Let your reputation speak for itself; let others talk about you. Develop a reputation, not a brand.

But building a reputation is hard. Developing a brand is expensive. Wouldn’t it be easier if you could just mooch off of someone else’s hard work or money? Such was the proposition to New York attorney (and occasional ATL writer) Eric Turkewitz  this past week…

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Christina Gagnier

Cybersecurity is becoming an important issue for lawyers, whether you are a solo or working at a multinational law firm. When it is so easy and seamless from a workflow perspective to move to the cloud, many firms are pushing their operations and employees to this technology. There are many considerations to weigh when deciding to go from the file cabinet or local server to the cloud…

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Partners think that they have all the power in the world, and when they want something, they try to get it — no matter what the cost. From new toys, to new clients, to new women, their voracious appetites for more are simply insatiable. If these playthings are unattainable, partners will become acutely aggressive in their pursuit, especially when it comes to potential sexual conquests.

Take, for example, the case of a prominent partner who recently found himself on the receiving end of a sexual harassment lawsuit. He allegedly sent a first-year associate videos about sexual techniques and engaged her in discussions about that literary classic, Fifty Shades of Grey (affiliate link).

Did we mention this alleged tour de force of sexual harassment culminated with the partner purportedly sending the associate emails describing his workplace sexual fantasies in great detail?

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Bruce Stachenfeld

In my article of two weeks ago, I threw out the proposition that if you are running a law firm — or a department or practice group in a law firm — the critical mission is to “attract, train, retain and inspire talent.” If you can do this, you are probably going to accomplish great things — and the converse. So the question now is, how do you do it?

Below is the best I have been able to come up with. It is (mostly) from a speech I gave at an IMN conference in 2011. (You can read the original speech here.)

First — and foremost — Talent wants to be with other talented people. They crave it in their souls. They will put up with major “not nice people” and even poor working conditions, if they are convinced that other very talented people are doing it with them in the trenches. Consider Apple and Steve Jobs. He wasn’t thought of as a nice guy; indeed, quite the opposite. But when people looked around the room, they were awed at the skill sets of those in the room with them, and boy did they want to stay in that room, in the worst way. So they put up with Jobs’s not–niceness. (Of course, I do not advocate being this way as a boss — far from it.)

double red triangle arrows Continue reading “Reinventing The Law Business: Achieving The Mission — Attracting, Training, Retaining And Inspiring Talent”

* Pennsylvania’s Governor Tom Corbett, who really wants to win his reelection vote in November, won’t appeal the decision striking down the state’s ban on gay marriage, making him the third governor to concede after a major loss in court. [Bloomberg]

* Sen. Ted Kennedy finally received his diploma from UVA Law, albeit posthumously. The school’s registrar kept it for more than half a century — they didn’t have his address. Lucky guy never received donation letters, either. [National Law Journal]

* An associate is suing her former boss for six figures after he allegedly sent her erotic emails about his fantasy workplace affair. Her fantasy of loan repayment may come true if she wins this case. [Oregonian]

* Apple’s general counsel Bruce Sewell gave some pretty great advice to recent graduates at GW Law: “Be someone [your boss] can talk to, rather than someone she can give orders to.” [Corporate Counsel]

* The New Mexico Law Review is dedicating an upcoming issue to articles related to Breaking Bad, which officially makes it one of the only law reviews whose pages will be read by human beings. [WSJ Law Blog]

I begin my quest for a fulfilling job by revisitng my alma mater’s career development office (CDO). When I was a law student, the CDO was unhelpful. This was because during my law school’s annual on-campus interview period, even the small firms and local government agencies wanted only the top 10% of the class. So the CDO tried its best to help me and the rest of the peasants scrounge for whatever was left. At this point, the Biglaw dreams and in-house wishes ended, and we were preparing for our multi-season starring role in Lifestyles of the Poor and Unknown, sponsored in part by IBR.

So I was not expecting much from the CDO as far as job leads were concerned. And since I am well past the all-important nine-month deadline for post-graduate employment, I expected the counselor to tell me the cruel truth — that there was nothing the CDO or my law school can do for me — EVER. So to ensure that my visit wasn’t a complete waste of time, I emailed the secretary ahead of time, telling her that I wanted to talk to the career counselor about a number of things other than any available job openings.

So, how did my visit go?

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There are approximately 3,500 law blogs in the U.S.

Many are struggling. Many are not worth reading — even by folks with a keen interest in the industry or area of the law being covered by the blogs.

These blogs lack emotion. They’re milquetoast.

Those of you as old as me may remember Joan Armatrading’s hit song, Show Some Emotion.

Show some emotion
Put expression in your eyes
Light up if you’re feeling happy
But if it’s bad then let those tears roll down

Perhaps not tears, but any lawyer who wants their blog read ought be ready to blog with some emotion—and passion.

If you’re not passionate about the area in which you blog, start over….

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The social dynamics within Biglaw firms can mirror those found in pre-colonial Puritan societies. Long working hours in harsh competitive conditions, hierarchical command structures, and a recognition that the group is only as strong as its weakest member. Common features of both your local Biglaw firm and Plymouth, Massachusetts, circa 1650.

Smallpox may no longer be the threat it was to the pilgrims, but Biglaw associates (and increasingly partners) are susceptible to career killers just as deadly. Reputation is everything in Biglaw, and decisions about someone’s suitability to remain employed in Biglaw are often made on the basis of (sometimes undeserved) labels that can attach to someone with the adhesive grip of a miracle glue from a late-night informercial. Yes, Biglaw lawyers can find themselves branded with the equivalent of a scarlet letter. Just like young Hester Prynne, but rather than being branded with an “A,” Biglaw folk get tagged with one-word denigrations of their fitness to reach the promised land of partnership.

There are plenty of one-word adjectives that serve as partnership (and often employment) disqualifiers for those in Biglaw. And just as there is no “I” in team, there are not many favorable descriptors for Biglaw lawyers that start with that letter. Intelligent? Everyone in Biglaw is, at least relative to the large majority of the human race. Inspired? Better suited to describe someone in public interest law, rather than a regulatory expert skilled at carving out exceptions for clients that want to circumvent the very rules that the rest of society is expected to abide by.

What about “interesting”?

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With unemployment rates still high for new law school grads, incubator programs sponsored by law schools and bar associations are gaining traction. Not to be confused with the profit-generating incubators common in the business and start-up world, the law school incubator concept, conceived by Fred Rooney at CUNY Law School, subsidizes new law school grads to start their own practices to  provide “low bono” legal services.

In exchange for deeply discounting their fees, grads receive low-cost rent and training from more experienced attorneys. After 12-18 months in the incubator, these now practice-ready lawyers can move on to a position at a non-profit or continue to operate their firms on their own. Since the first law school incubator launched back in 2007, nearly two dozen others have cropped up at law schools and bar associations across the country.

What should we make of this trend?

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