One of Biglaw’s calling cards is the ability to marshal resources quickly to handle nearly any kind of legal issue. Going to trial and need some immediate help with responding to a host of motions in limine filed by your adversary? Even in these days of reduced associate classes, at most firms it would be no problem roping in the necessary support. Need to put a team together on short notice to respond to a preliminary injunction motion? Not a problem. An email or two to the head of the group and a fellow partner or two, and you can have all the resources you need.
With some luck, you can even benefit from assistance in multiple time zones, always a plus when dealing with court deadlines in “foreign” jurisdictions, as is commonly the case in patent matters. Just ask any East Coast-based patent litigator whether they appreciate the extra hour for filing they get in their Eastern District of Texas matters. I know everyone is super-organized and never files at the last minute, but sometimes “unexpected delays” can result in a litigator making full use of the allotted response time for a filing or two.
While the Biglaw beast can be roused to quick action on occasion, it often prefers to move very deliberately towards a target. Patent cases are a good example. While there may be a flurry of activity surrounding an important hearing, or the close of discovery, or trial, there is also a lot of “preparing the case” time. Cases that take years just to get to trial are normal, and when you factor in appeals, it is not unusual for a Biglaw patent lawyer to go from associate, to counsel, to partner during the pendency of a single case. I speak from personal experience on that point….
I didn’t appreciate it before I moved in-house, but law firms are remarkably meeting-free. I suspect this is for three reasons: First, law firms are not public companies, so they aren’t obligated to perform many bureaucratic tasks the law imposes on public companies. Second, most law firms bill by the hour; when time is literally money, few people tolerate non-productive meetings. Finally, law firms have flat organizational structures. Although partners cooperate to varying degrees within firms, partners (or, at a minimum, partners who generate business) are largely independent actors. A partner is retained for a new piece of business, assembles a team to handle the work, and starts working. The team is typically fairly small (two or three lawyers are plenty to handle most legal matters; a team of 25 lawyers is large, even at a big firm; a team of 100 means you’re defending the largest of the mass torts). There’s no real organizational structure within the firm. A partner in charge of a practice or an office may technically oversee another partner’s work, but “oversight” in that sense means only making sure the partner’s bringing in enough business and billing enough hours. “Oversight” does not mean, for example, having weekly one-on-one meetings with the partner to manage his performance; no senior partner would stand for that nonsense (and waste of time).
Corporations are different. They’re publicly traded. They’re often much larger than law firms. They’re divided into operational divisions with pyramidal structures, with many people reporting to fewer people who report to fewer people still who report to someone near the top. Put that all together, and it means meetings. And meetings. And meetings. And meetings. In fact, to my eye, there are four types of corporate meetings . . . .
It’s often incredibly difficult to let things go in today’s always on, always connected world. There is a desire to multitask and switch gears at all times.
Check Twitter, check email, review a letter. Write a couple paragraphs in brief, get phone call. While on phone, pull up Facebook. Phone call ends, check Twitter, back to brief. Another lawyer sticks head in office, wants to talk about an issue in a different case. Finish conversation, back to brief, an urgent email notification pops up. Read email, not really that urgent. Reply anyway. Couple more paragraphs into brief, calendar notification goes off. Lunch scheduled with another lawyer in 25 minutes.
What are the chances that any of the work you just produced was actually of high quality?
Attorneys have a strongly-held belief that if we are getting behind and we need to get caught up, we must work faster, do more things at once, work into the night, skip the gym, eat lunch at our desks, and (once again) miss dinner with the family. In the old paradigm, we focus on time — how much time we have, how much time we spend, how much we can get done in a particular amount of time. We try to “squeeze things in.” We work faster, more, and harder. Yet we still feel behind.
Ed. note: This is the latest installment of The ATL Interrogatories, brought to you by Lateral Link. This recurring feature will give notable law firm partners an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.
Gary Luftspring, managing partner at Ricketts, Harris LLP, enjoys a high-level litigation practice. He’s successfully represented clients in a significant and growing number of major cases and was named by Lexpert as a litigator who is “consistently recommended.” Read his full bio here.
1. What is the greatest challenge to the legal industry over the next 5 years?
It’s one of the things that separates professionals, who exhibit the essence of a professional, from those who are in a profession, but have the reputation of “being all over the place.” This can be the result of having a practice where organization takes a back seat to being busy, or having a life where there’s just too much going on – too many cases, as well as too many committees, too many networking events, too much going on at home – no ability to cut out the things that need to be cut.
There is that phrase that “it doesn’t matter what happens to you, but how you react.” In other words, life either happens to you, or you control it to the best of your ability. As you go through life, especially as a lawyer, saying “yes” becomes routine. “Yes” I’ll take that case pro bono, “yes” I’ll help organize that CLE, “yes” I’ll serve in a leadership position, “yes” I’ll coach Little League. There are only so many hours in a day, yet we as lawyers are routinely finding ourselves overcommitted to both professional and community endeavors. We’ll say “no” next time, or resign from that committee in a few months….
Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Casey Berman, founder of Leave Law Behind, a blog and community that focuses on helping unhappy attorneys leave the law, discusses how current attorneys can improve their time management skills and successfully leave law behind.
I haven’t written a post in weeks. No way around that. And this gap is likely attributable to the same reason many of you may find it difficult to take that first step to leave the law.
I was busy.
Very busy. Busy with work (I head strategy for a tech company here in San Francisco), busy with my family (our three-year-old and six-year-old just started school), busy trying to spend quality time with my family, busy (kind of) trying to exercise and play some sports, busy trying to manage a lot of little things (getting new DMV license plate tags, health insurance papers, cleaning out the garage, attending the obligatory weekend toddler birthday party) and busy trying to get at least six hours of sleep.
So busy. So who has time to write a blog post? Who has time to even think about leaving the law, much less leave it?
I wrote several weeks ago about why I should waste time — why I should attend some meetings at which I’m not really necessary. I should do this to learn what folks on my team are doing on a daily basis, to have a chance to work one-on-one with more people who ultimately report up to me, and to improve employee job satisfaction by having a manager show interest in employees’ work.
To my in-house eye, that’s not “wasted” time; it’s “invested” time — time that improves our collective well-being, even though it doesn’t result in my having completed a specific task that the organization needs accomplished.
As I think about it, I see an awful lot of these things in-house that I would never have seen at a law firm. For example, several weeks ago, we decided to invite a junior in-house lawyer to attend meetings of our “Corporate Ethics Committee,” at which a fairly senior group addresses, among other things, important issues that arise through our corporation’s anonymous ethics hotline. We didn’t invite the junior lawyer because his or her attendance was important to the committee’s deliberations; rather, we thought that attending the committee meetings would provide helpful training and give the junior lawyer more exposure to senior people in the department.
At a law firm, everyone would spit in your eye if you suggested that a junior person should unnecessarily attend a meeting simply for the sake of training and exposure: This would constitute either over-billing the client or wasting potentially billable hours. . . .
I’m closing in on 250 columns at Above the Law, devoting many of them to mistakes that I’ve recently witnessed (or heard about) (or, I should say to protect the privilege, simply ginned up out of whole cloth).
Remarkably, I’ve not yet written about an obvious error that occurs regularly: If you say that you will communicate with someone on a certain date, communicate with the person on that date.
Think for a minute about how often people screw this up, both in-house and at law firms.
In-house, some crisis arises. You take the helm. You send an email to the relevant folks in the organization saying, “I’ll get to the bottom of this, and you’ll know the answer by the close of business my time tonight.”
The close of business comes and goes, and what happens?
My friend Pablo told me that when Monica, a partner, called his home at 9:00 p.m., he knew it couldn’t be good. Why not email? For an instant, he considered letting the call go to voicemail. Taking a deep breath, he answered.
Monica wanted to know “where he was” with the brief Pablo had been working on. She had not given him any particular deadline, so he explained that he expected to circulate the draft for review the following evening. The brief was a motion to dismiss, and he knew the deadline to file was still two weeks away. He was allowing the partner one week to review before she had to send to the client, who in turn would have another week to review.
The partner, however, had a different idea. “I want it on my desk tomorrow by 8 a.m.,” she told Pablo.” “Not a moment later.”
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.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.