Blogging, In-House Counsel, Media and Journalism

Sharing The Online Love

Biglaw partner turned senior in-house lawyer Mark Herrmann reviews some of his most buzz-generating columns of the year.

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It’s the holidays!

What does that mean?

It means that no one is reading this column. I know this to be true from past experience; virtually no one read the columns I published in past years at this time. (If anyone had read last year’s column, I’m certain that the word iPhool would by now appear in the OED.)

This year, even I’m not reading this column. I wrote this ditty two weeks ago, and I’m currently lying on a white sand beach somewhere in Mexico. (The piña colada is delicious, thank you very much.)

To what subject shall I address my words that no one will read?

I’ve got it!

Other folks on the web have linked to, and published posts about, things that I wrote here at ATL in 2015. On-line courtesy demands that I link back to those people, throwing some eyeballs in their direction and thus returning their love. I’m not very good at that courtesy stuff; I’ll devote today’s column to repaying my online debts.

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For example, I noodled last month about “ethics arbitrage“: Can lawyers take advantage of differing rules of legal ethics to gain an advantage for their clients?

John Steele, over at the Legal Ethics Forum, promptly weighed in. (Did you feel the love there, bro’?) Not just that: Although my feeble mind had concocted only examples based on rules of ethics that differ between countries, Steele came up with an example that turns on ethics rules that vary between American states. If you’re prohibited by your local rules of ethics from contacting the former employee of an adverse party, can one of your partners (governed by different rules of ethics) appropriately pick up the phone?

One of the commenters to my “ethics arbitrage” column contributed another example of interstate variance: If you’re prohibited by local ethics rules from soliciting a client in certain circumstances, might your partner from another state appropriately make the otherwise prohibited call? (One thing that always surprises me about Above the Law is the wisdom of crowds: A lot of people read the things we write here; collectively, you’re quite a smart bunch.)

What else of mine attracted attention on the web? My pile-o’-crap! I wrote (again) about pile-o’-crap syndrome, and Raymond Ward noticed, over at The (New) Legal Writer. What’s even better than flies? Links on the web! And my pile-o’-crap attracted one. Thanks, Ray.

Who else am I duty-bound to shower with online love?

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Scott Greenfield, of Simple Justice, come on down! I wrote in praise of compulsive nutcases. And Scott called me and raised me, emphasizing the importance of getting things right, for heaven’s sake.

On another occasion this past year, I explained that luck plays a bigger role in our careers than successful lawyers care to admit. This prompted Scott to riff on the impostor syndrome. I don’t always understand you, Scottie, but I always love you! Beam me up!

Which of my other columns attracted attention on the web in 2015?

Oh! Suggest that a mere million dollars in average profits per partner may not be enough to compete in the big leagues, and see if the world doesn’t notice! ABA Journal and Global Legal Post, you’re the best!

Then there’s Jane Genova over at Law and More. I wrote about three ways partners screw up. Jane linked to me, but she begged to differ: Partners are never wrong. Thanks, Jane: Partners everywhere appreciate the correction!

Finally, I saved the best for last. When a blogging federal judge doesn’t simply link to your columns, but actually reviews and praises two of your books — The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide — you gotta love the guy. And I do! Thanks, Judge Kopf; you’re the best!

I’m sure others linked to my stuff in the past year, but ego-surfing on Google gets you only so far. If you linked to me and I overlooked you, please don’t be offended — I love you anyway! If I’d had more time, I would have found you.

But remember: I have only so much time to write these columns. And I’m under particular time pressure today: I have to send this never-to-be-read column off to Lat and catch a flight to a white sand beach.

Adios, my friend.

And: ¡Feliz Año Nuevo!

Mark Herrmann is Vice President and Deputy General Counsel – Litigation and Employment at Aon, the world’s leading provider of risk management services, insurance and reinsurance brokerage, and human capital and management consulting. He is the author of The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide (affiliate links). You can reach him by email at [email protected].

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