Tom Wallerstein

Tom Wallerstein

I was grateful that Quinn Emanuel sent me to Los Angeles for a multi-week long, intensive trial advocacy training program. The instructors were incredible and the program overall was one of the most valuable training experiences of my career.

Some of the sessions featured practice drills followed by critiques from practicing attorneys. In one of the sessions, that “mentor” role was filled by a junior partner in a well-known firm. He had long, wavy hair and wore a tight silk shirt with the top several buttons open, exposing his chest hair and gold chains. His cologne should have been arrested for olfactory assault. If you think of a 1980s hair-metal band you will get the right idea.

Creepy-looking Mentor was constantly flipping his hair and paying far too much attention to the young, female associates. (He seemed to think it was particularly important to help them with their cross-examination posture, as he made a point of standing behind them and guiding them like a golf or tennis pro might do.)

Even though the program was only “practice” — cue Allen Iverson — there was a lot of pressure because many firm partners were there watching and, presumably, evaluating us. In this particular session, the associate doing a cross examination was very nervous, and visibly shaking. When the associate was finished, Mentor said he had a relevant war story he thought would be helpful to share, and did so….

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Tom Wallerstein

“I am having a root canal this morning, so I’ll be working from home.”

Some attorneys use the expression “working from home” to mean that they are mostly taking the day off for one reason or another. In other words, they really mean that they are “not working.”

Other times, “working from home” really means “I’m still working, just not in the office.” I might do this, for example, to avoid a long commute or because I can better tackle my project at home, perhaps because my home will offer fewer distractions.

Assuming that “working from home” means that you still are working, albeit in a different physical location, should a firm care when or whether an attorney comes into the office, provided nothing time-sensitive needs to be accomplished that day?

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Your ATL editors: David Lat, Staci Zaretsky, and Elie Mystal.

Thanks a lot to everyone who came out on Wednesday night to attend the Above the Law New Year’s party!

The festivities were well-attended, and the bar was full of action — no seriously, there may or may not have been a couple making out the whole night. Thanks to our sponsor, Lateral Link, for such a great evening.

Yeah yeah, we know, it’s the internet, so of course this post is “WWOP.” So let’s get some pics up in here….

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Tom Wallerstein

Some attorneys think they are unable to transition from Biglaw to opening a solo or small firm boutique because they lack the ability to generate business. They might think, “If I can’t generate business at my current firm, with all of its vast resources, goodwill, and prestige behind me, then how could I ever hope to generate business on my own?”

This kind of negative thinking is pernicious, and based on a number of fallacies….

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Tom Wallerstein

For as far back as I can remember, the arrival of a new year has been an occasion for me to reflect on my life, where it has gone, and where it appears to be going. Many times I would spend New Year’s Eve simply being grateful; more recently, it has been an occasion to try to see a little furthur [sic].

This year, for the second consecutive year, our firm was approached by an Am Law 100 firm to explore the potential of our being acquired or otherwise merging. These overtures are flattering. They also intensify my annual ritual of considering my path and the choices I have made.

I have written before about some of the differences between Biglaw and small. My perception of those differences, however, has changed quite a bit in the nearly four years since I left Biglaw to help start a boutique firm. Our firm also has changed so much from one year to the next that my calculus of the pros and cons of Biglaw also has changed….

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Tom Wallerstein

It was our new receptionist’s first day at our office. I was in our kitchen, and I found a potato wrapped in a paper towel. Because it was a raw potato far in the back of one of our unused kitchen drawers, I had no idea how long it had been there. Months, maybe. So I asked Cassidy, the new employee, “Is this your potato?”

Cassidy was slouched nearly horizontal in her chair. She looked at me with an expression of vague annoyance, and reached up to remove her iPod earbuds. She mumbled a response but didn’t really answer me. So I asked again, “Cassidy, I was just curious, is this your potato?”

“Huh?”

I repeated my question for the third time and finally she replied, “I don’t know. Maybe.”

I tried a different approach. “Let me put it this way. Have you brought a potato into the office in the six hours you have been working here?”

“Um… Yes.”

Progress! “Well, then I think it’s safe to say that this is your potato. Mystery solved.”

The earbuds went back in and we let Cassidy go the next day. She called our office about a week later, asking to retrieve a pair of scissors and… you guessed it, her potato….

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Brian Tannebaum, my fellow small-firm columnist, recently described as silly the notion that “success in the law doesn’t come from good legal work.” I agree with Tannebaum that success requires far more than “being able to obtain a volume of calls from a fake presence, a creation of a ‘brand,’ and trying very, very hard to get our hand to the top of the baseball bat of the internet.” But I also think that success doesn’t come just from doing good legal work. In my experience, the most talented lawyers often are not the most successful, at least by traditional definitions. Nor are the most successful lawyers the best lawyers.

For Biglaw associates, success is usually defined as making partner. Anonymous Partner recently wrote that when you make partner in Biglaw, you “occupy a new professional status, and the nature of making partner is such that no matter how badly you screw up the rest of your life, you have accomplished something very rare. It is a life milestone, on par with getting married or winning the lottery in terms of its immediate alteration of your identity.”

And who makes partner in law firms? The best writers? The best oral advocates? The most thorough? The hardest working? The most efficient? Not necessarily any of the above.

Partnership decisions vary from firm to firm, and I am not so cynical to suggest that merit plays no role. Obviously, “merit” always plays a role. It’s just that what is meritorious is in the eye of the decision-maker, and that differs from what many associates might think is most important….

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Tom Wallerstein

Does this type of email look familiar?

“I’m delighted to announce that our firm, Dewey Cheatem & Howe, has just reached a settlement of a longstanding class action on behalf of our beloved client Evilem Pire Insurance Corp. (‘EPIC’). Due to our tireless efforts reviewing documents and engaging in discovery motion practice, EPIC was able to settle the case for only $1 trillion dollars, a mere fraction of the many quadrillions sought by the plaintiffs . . . .”

If you are a lawyer in a firm, then you probably have seen a similar email more than once in your career. The victory email is a tradition at many firms, even when the result can only barely qualify as a victory. Because I think it behooves lawyers to always consider the purpose of any communication, we might wonder why victory emails are so prevalent….

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Tom Wallerstein

One of my favorite recurring columns on Above the Law is the “Departure Memo of the Day.” Elie Mystal hit a nerve last week when he published a particularly depressing departure memo from a harried mother at Clifford Chance who was struggling, unsuccessfully, to balance the demands of parenthood and Biglaw. The departure memo lit up Twitter and even the Huffington Post decided to weigh in.

At many Biglaw firms, departure memos have become an ingrained part of the culture. Why are departure memos so ubiquitous, especially in Biglaw? The New York Times put it best:

“The ‘departure memo’ is a fixture at many large employers, and nowhere more so than at big law firms. Departures, particularly of young associates, are built into the business model. Not everyone is supposed to stay, and many never planned to stay, so leaving is often celebrated. Many of the ‘Departure Memos of the Day’ published on Above the Law fall into that category. Excitement at the next opportunity, and a little bit of glee at leaving, is completely acceptable, as is a little thumbing of the nose at the firm. Creativity isn’t unusual.”

The Clifford Chance departure memo struck a chord with many lawyers because it openly grappled with the struggle for work/life balance so familiar to so many of us. But it also raises bigger issues regarding the purpose intended by such missives….

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Tom Wallerstein

Like millions of others, I spent Tuesday night watching television. I wished I was watching the misfit Giants win the World Series (again). Instead, I was watching America’s other favorite pastime: the presidential election. Like everyone else, I watched a giant map of the country light up in rosy red and electric blue. We tweeted witticisms to our followers, and liked our friends’ posts.

I’m sure it was nerve wracking for President Obama and Governor Romney. They had done all they could, and there was nothing left to do but smile, smile, smile. I imagine that they must have felt similar to a trial lawyer waiting for a jury to return with its verdict….

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