When I tell people that I really love my job, I get various responses. Most of them are something like, “Wow, that’s great,” or “I hate you.” Or sometimes, “That’s very nice, ma’am. May I take your order now, please?” When people ask why I love my job, my response is kind of lame. I tend to say it’s a lot of “fun” and then go on to describe a couple of types of matters I work on. Yeah, not all that insightful.
So for this week’s post, I decided to figure out more specifically (than “umm, so…the social media thing is interesting…”) why a lawyer may love her job. The reasons I came up with are mostly common sense and one reason actually has nothing to do with my job per se….
If you’re like me, you’re happily ensconced (hmm, where have I seen that before…?) in your company’s diversity and inclusion efforts. Your company may have a Diversity Committee in place and may have implemented diverse hiring and retention practices. They may hold trainings and events intended to promote awareness. Your legal department may even encourage outside counsel to staff minority and women attorneys on matters. All good stuff.
What else is there? Last week, I attended a day-long regional meeting for a fantastic nonprofit diversity organization. Although the fees to attend their conferences and meetings (which include CLE) are hundreds of dollars, in-house counsel get to attend them for free. You just need to pay a $59 shipping and handling fee. Wait, scratch that last part. (Been watching way too many infomercials lately.)
So, which organization was this, and what great tips did I leave with on how in-house counsel can further their companies’ diversity initiatives?
I had mentioned a while ago in my very first ATL post that some of my work involves marketing. Well, some of that marketing involves social media. As the main social media lawyer for my business unit, I work with our strategic teams to figure out how to make the best use of social media technologies (e.g., Facebook, Youtube, blogs, smartphone apps, etc.). All within 140 characters at a time.
What’s it like? As lawyerly work goes, it’s fast-paced and feels kind of risky and cutting-edge. Kind of like Mission Impossible. You know, like if the movie had a lawyer character whose job it was to make sure that the Tom Cruise character signed a waiver every time he got a pack of explosive chewing gum. Really, even non-lawyers think this social media lawyering work is cool. Granted, the non-lawyers I’m talking about are sixty-year-old gamers who live at home with their mothers. But still!
There isn’t really a standalone body of “social media law,” so a lawyer who covers this area ends up being a sort of jack of few trades. Instead, law in social media involves work which falls into the following basic categories….
One day it will happen to you. Whether you’re at a firm or in government or in-house, there will come a time when someone in your workplace will get a promotion who doesn’t deserve it. And unfortunately, we’re not talking about you. This person may a poor communicator, a terrible manager, or maybe just kind of a jerk to work with. But one day, it will happen. And when you receive news of the promotion, your mouth will drop in disbelief and you will shake your fist at the heavens, crying, “Why, wretched office gods, why….?!”
Is it the Peter Principle at play? This is a fascinating theory suggesting that employees keep getting promoted until they reach the levels at which they’re incompetent. Once an employee reaches the first level of professional incompetence, the promotions stop. Now imagine this happens with every employee. Basically, the only way to move up levels is to go over to another organization that’s unaware of your incompetence and hopes in vain that you’re more competent than whomever they’ve got over there.
Or maybe it’s the effect of the Dilbert Principle. Cubicle guru Scott Adams proposed that the least competent people in a company tend to get promoted to higher levels because companies need the smarter, skilled employees to do the actual work. Instead, the less-skilled incompetents are moved up to levels where they perform tasks that less vital to production, such as demanding that their underlings perform their real work harder, faster, and better. Picture Michael Scott of The Office. Only not so smart.
These principles were originally proposed as satire, although they sound kind of compelling, don’t they? But perhaps there’s something more sinister at play. Something darker…like we’re failing…to understand the entire picture. (*Thunder boom and lightning crash.*)
At large law firms, unless you’re interviewing for a small practice group, nobody’s losing sleep over whether you’ll fit in. They’ll take you so long as you’re smart, willing to work crazy hours, and not obviously a jerk. (Although if you’re a rainmaker jerk, they can’t seem to roll out the red carpet to the corner office quickly enough.)
You’ll tend hear the concern about the “right fit” voiced more often for in-house than Biglaw job openings. When you interview for an in-house position, your technical and substantive abilities certainly need to pass the bar (every possible pun intended). But after that, there’s a broad and maddeningly vague analysis regarding how good a “fit” you are….
If you’re an attorney in a mid-sized or large law firm, the phrase “people manager” means as much to you as the phrase “spring bonuses” means to me (both of which situations are exceedingly unfortunate). You’re lucky to receive support from a group of under-appreciated administrative assistants, paralegals, and attorneys junior to you. The group supports other attorneys besides you, and in an ideal world, each such attorney would take efforts to manage and train the group.
But, since such things as Dewey puns exist, we obviously aren’t living in an ideal world. In this stark reality of pink slime and the Socratic method, what usually happens in a shared support situation is that some attorneys take the time to train the support group, and others don’t.
Here’s the thing. The attorneys who invest the energy to train the group members don’t end up reaping the full benefits of their investment. This is because the employees they’ve specially trained spend an annoying amount of time engaging in behaviors like supporting other attorneys. So the lazy lawyers at the firm receive an “unjust enrichment” of sorts — they gain the benefits of working with skilled employees, yet they haven’t expended any effort to impart those skills. In fact, the more you spend time training someone, the more likely it is that others will seek that person’s assistance, and that you’ll need to compete for the employee’s support. “D’oh!” would pretty much capture the appropriate response….
Business relationships are kind of like marriages. In the beginning, everyone’s excited, and life is fresh and full of promise. “Things are really going to change around here,” you think. You know that you’re going to need to make some adjustments, some compromises, but it’s all going to be worth it. You ignore small warning signs, such as the fact that your partner sometimes seems to spend a lot on discretionary items. (But at least he only bought nine pairs of Prada shoes during the trip to Italy instead of the 23 he really wanted.)
Then, as you settle into a routine, you may find that, well… things aren’t exactly as you had expected. There are minor annoyances — things that make working together take more time, communication, and effort than you had thought.
And unfortunately, like some marriages, one or more parties figure out that the benefits of the relationship don’t outweigh the negatives, and decide to part ways. You decide that 18,000 pairs of designer shoes is definitely an indication of a problem. Sometimes, the decision to separate is fairly mutual. Other times, one partner is desperately clawing out from under a pile of fancy footwear that the other only continues to build up.
Also like many marriages, at the start of the business relationship, nobody wants to think about how it will end. Ninety-nine percent of engaged couples won’t touch a prenuptial agreement with a ten-foot pole because they absolutely KNOW that they’re truly in love, and no way are they in the group of the more than 50% of married couples who will part before death.
Similarly, nobody likes to think about the business “prenup” (i.e., the termination/transition provisions in a contract) for more than a few microseconds. For example, there’s the uber-lazy version of a catchall survival provision that makes it into some contracts. It basically says as follows: “Everything in this agreement that’s intended to survive termination will survive”….
Mentoring has its benefits. It’s been shown to increase productivity, retention, and job satisfaction. According to one article, individuals who have had mentors earned between $5,610 and $22,450 more annually than those who haven’t had mentors. Multiply that by 30 years, and based on my lightning-speed calculations, that’s… ummm… a LOT of extra income. Those numbers are from several years ago, so my guess is that the riches we could be rolling in are even greater now, assuming that mentoring programs have become more sophisticated over the years.
Despite the purported benefits of mentoring, many people who’ve participated in mentoring programs just aren’t fans. I’ve been forced to volunteered to participate in a few different mentoring programs through work and various bar associations, and have had varying degrees of success. Generally, for the mentoring relationships that have been less successful, it’s been difficult to connect with the other person — we didn’t meet very often or when we did meet, the conversations were kind of strained (picture awkward pauses, sitting in silence, and blinking at each other for ten hours, that sort of thing).
I thought it might be fun to try something different for this week’s post. A lot of people post top ten lists to give some semblance of organization to an otherwise random set of ideas, so I thought, “Well heck, we, too, can play at that game!” Thus, a top ten list was conceived for things that make us think, “Toto, we’re not in Biglaw anymore.”
In last week’s installment of Moonlighting, we looked into the challenges of just planning a global meeting. This post will continue the theme by examining particular practical issues that arise during global meetings.
The first few minutes of most meetings are passed waiting for people to join, whether in person or on a call. Those who’ve joined early on typically engage in casual social banter to avoid the awkward silence. But on a global call, you need to be careful as nothing says “you’re not an American company” like banter that leads with, “Say, how ‘bout those Knicks?”
Then what should you talk about — world events? Perhaps, assuming you can talk about them without offending anyone (avoid discussing the madness in Western Europe). Safer, but admittedly boring, topics are weather and vacations. And of course, be wary throughout the call of using American business jargon like “get our ducks in a row,” “circle back,” etc. These are best accompanied by a clear explanation of what the idioms mean: “As we say in America, let’s circle back when we have all our ducks in a row. This just means that we’ll give each other a heads up when we’ve got our house in order.” Wait… not that….
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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 six years. You can reach them by email: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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