Mark Herrmann wishes he could name names; he really does. But he works at the world's leading insurance broker for law firms, and he can't go around offending the clients (or potential clients). You'll just have to guess. All of these interviews actually took place. He swears it. He didn't say these stories were uplifting. He said only that they were true....
Here’s my thesis: We create rules to hedge against ineptitude, and we thus institutionalize mediocrity. Here are the examples. First, someone — the Administrative Office of the Courts? God? — creates rules to hedge against incomprehensible judicial opinions, and we thus discourage judges from writing exceptional opinions. When new federal appellate judges attend what is […]
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In the first lawsuit (during the proxy fight), the judge held that certain statements made in proxy materials were false and misleading. That lawsuit settled. In the next lawsuit (the 10b-5 class action), plaintiffs explain that precisely the same statements appeared in an annual report, and it is now settled law that those words are […]
First, a shameless plug. Then, back to business. I’ll be giving my “book talk” about The Curmudgeon’s Guide to Practicing Law at The University of Michigan Law School on Monday, March 5, and again at Northwestern University Law School on Tuesday, March 27. If there’s a chance your organization might be interested in that talk, […]
The “commenters” at Above the Law are — as you know if you’ve ever looked — a tough crowd. If you’re a partner at a big firm, then you’re a loser, because you’re a workaholic stiff with no life. If you’re a partner at a small firm, then you’re a loser, because you couldn’t succeed […]
Complete honesty is such a dangerous thing. I’m going to give it a shot. I’m posing three questions to myself today. First, why might a lawyer at a law firm choose to write articles? Second, what topics should lawyers write about, and where should they publish the articles? Finally, why might an in-house lawyer choose […]
Takeaways from a Legalweek panel on evolving malpractice risks.
Here’s the sad rule: If it comes across your desk, then you’re responsible for it. Period. That’s the rule at law firms. It was my rule when I worked at a firm, and it’s the rule that I now impose on outside lawyers. Thus, when I was a partner, I did not tolerate this excuse […]
In 2009, Professor Martin H. Redish of Northwestern Law School published a book arguing that class actions are in large part unconstitutional: Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit (Stanford Univ. Press 2009). Where is the practicing bar? I understand that nobody reads law review articles or books published by […]
It’s tough being the managing partner of Bigg & Mediocre. All of the hard issues land on my desk. We’ve hired a new Chief Marketing Officer, and this guy recommends that we launch some firm-branded blogs. Press reports say that 94 percent of the AmLaw 100 plan to use blogs as part of their marketing […]
Cops learn to hate people. Basically everyone they encounter is a criminal, so cops soon come to believe that everyone is a criminal. Litigators — or perhaps litigators who are repeat players in a particular field — learn to hate people. Personal injury insurance defense counsel come to believe that all plaintiffs are lying fakers. […]
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A couple of weeks ago, I posted about the difference between résumé-based interviews and behavioral interviews. (In a nutshell, résumé-based interviews ask applicants for opinions about their personal histories; behavioral interviews ask for factual descriptions of how applicants handled certain situations in their lives.) I really didn’t expect that to be a controversial topic, but […]
In-house columnist Mark Herrmann considers the plight of the big firm partner. You succeeded at law school, succeeded at your law firm, have hot and cold running associates at your disposal, are being paid the riches of Croesus every year, and are perceived by the world as being wonderfully successful. What the heck are you complaining about?
Years ago, I handled a pro bono case for a client unable to afford legal services. (I actually handled a fair number of pro bono cases, but I’m choosing to describe just one here.) The client was a very nice guy, and he desperately needed legal services. But he had no idea how to use […]
How do you build a practice for a law firm? Everyone has a theory; I’ll provide a case study. In 1997, Congress was about to pass a law that would have been great for America, but horrific for business at the law firm at which I then worked. The firm thus (intelligently) created several committees […]
People have occasionally asked me for advice about interview techniques. My suggestion has always been short and pointed: “Say something smart. Say something funny. Ask a good question. And get the heck out of there.” What about on the other side of the table? I really don’t trust interviews. I don’t believe that it’s possible […]