A law student client — already an MBA — said she needed convincing to drop out of her third-tier school.
I told her to calculate the return on investment for the final three semesters.
She crunched the numbers.
“Debit-wise, I’ve burned $80k in savings and I’m looking at another $100k of borrowed money. On the credit side, I might find a low-salary doc review gig.” She pretended to scratch notes. “So… big loans, interest payments, inadequate cash flow…opportunity cost of 18 more wasted months learning legal mumbo-jumbo followed by the bar exam…”
“In other words…” I egged her on.
“I’d be totally screwed.” She affixed the cap on her pen. “Thanks. I’m convinced.”
I posed the question we were dancing around: “Why are we having this conversation?”
Atul Gawande is a medical superstar -– a surgeon at Harvard who’s also a New Yorker magazine writer, and the author of several books. His latest push is for doctors to use checklists to prevent common mistakes during surgery. A scary percentage of the time, it turns out, things grow overwhelmingly complicated in an operating room and a nurse or an anesthesiologist, or a resident (or whoever) gets distracted and forgets to do something basic -– like confirm there’s extra blood in the fridge, or plug that little hose into the machine that keeps you breathing.
It happens. People forget things. Best to err on the safe side, and use a checklist.
The idea comes from aircraft pilots. It turns out they use checklists for absolutely everything — a pilot literally can’t step into a plane without a checklist. Pre-take-off, take-off, pre-landing, landing, and every possible contingency that might happen in-between is assigned a checklist. That’s because when you’re a pilot and you forget something, well… it can be a problem. Kind of like a surgeon.
Over the weekend, Mark Oppenheimer wrote an interesting New York Times piece about the Sixth Circuit’s recent ruling in Ward v. Polite (PDF). In that case, Judge Jeffrey Sutton — noted feeder judge, judicial hottie, and possible SCOTUS nominee in a Republican administration — handed a (partial) victory to Julea Ward, an evangelical Christian who sued various teachers and administrators at Eastern Michigan University, where she had been studying counseling.
Here’s a concise summary of the facts, from the opening to Judge Sutton’s opinion (which is wonderfully clear; he’s great at explaining complex legal issues to large lay audiences; see also his Obamacare opinion):
When the university asked Ward to counsel a gay client, Ward asked her faculty supervisor either to refer the client to another student or to permit her to begin counseling and make a referral if the counseling session turned to relationship issues. The faculty supervisor referred the client. The university commenced a disciplinary hearing into Ward’s referral request and eventually expelled her from the program. Ward sued the university defendants under the First and Fourteenth Amendments.
Ward claimed that her expulsion violated her free speech and free exercise rights. The district court granted summary judgment in favor of the university, but the Sixth Circuit reversed. At the same time, the Sixth Circuit held that Ward wasn’t entitled to summary judgment in her favor either: “At this stage of the case and on this record, neither side deserves to win as a matter of law.” So perhaps we’ll end up with a trial.
Who’s in the right here, Ward or the university? Let’s discuss….
It’s hard to conjure up bad stuff to say about clerking. It’s an honor, and an all-expense-paid ticket on an exclusive legal gravy train. If you’re lucky enough to clerk for a federal district or circuit court judge, you can rest assured you’re looking good and feeling good.
You might even shoot the moon and sing with the Supremes. In that case, you’re good to go: You’ll never have to practice actual law again. You can sign up now to teach a seminar on “Law and Interpretive Dance” at Yale or attend sumptuous international human rights conferences hosted by African dictators. Life is good at the top. Imagine the stimulation of interacting one-on-one with the mind of a Clarence Thomas (and acquiring access to his porn collection.) You could be the clerk who builds an ironclad case striking down universal access to healthcare — or witness the day Justice T opens his mouth to speak during oral argument….
At some point you have to get out of here. The question is when – and whither.
A vacation might help, if you could achieve the impossible and take one. My client pulled off a week – seven whole days! – at a Caribbean resort. She flew off to paradise, only to return feeling like a condemned prisoner.
“It made things worse,” she lamented. “Now I remember the outside world.”
Sometimes it’s better to live without that distraction….
If it’s happened to you, keep reading. If it hasn’t, keep reading anyway. It happens a lot.
It begins with the standard set-up. You feel trapped. Hate your life. Nerves shot. Self-esteem shredded. You know the drill: biglaw.
That’s when the dæmon lover appears. It doesn’t end well.
There’s biglaw hanky-panky and biglaw sexual harassment. There’s also biglaw romantic infatuation. It’s the one you talk about least because you least feel like talking about it. Once you reemerge on the other side and wish it never happened, you never feel like talking about it again.
As The People’s Therapist, my door is always open. I don’t turn away poor clients.
“Pay whatever you can afford,” I tell them.
Naturally, they get what they pay for. If I’m a little sleepy, or staring at the clock – who are they to complain? Come to think of it, why do we have to talk about them all the time anyway….
But let’s be real — are things any different with the the high-fidelity first-class traveling set than they are with folks flying “comfort class”? I ask myself that question a lot. I do it to stay honest….
As any law student can tell you, pulling an all-nighter sucks. Biglaw associates, however, have to pull all-nighters quite frequently — and sometimes they’ll have to get by with very little sleep, for multiple nights in a row. As one of our Above the Law editors mentioned to me, a Biglaw all-nighter “is nothing like any other kind of all-nighter [he's] ever experienced.”
So what happens when you’re on your eighth caffeinated beverage of the night and you’re still yawning? You can literally feel the small amount of blood left in your coffee stream getting ready to stage a strike if you don’t catch a few Z’s. As a young lawyer, would you even consider going to sleep? And would your firm approve?
Hell no. Don’t even think about it. You can sleep when you’re dead. But for now, you get a futuristic-looking pod to take a nap in….
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.