Counsel to Counsel

Success in Scary Times

2008-10-10T16:42:00.003-04:00

My colleague Dan Binstock in BCG's DC office just forwarded this to me. It contains some very good tips for getting through these "scary times".

Firms Offer Comfort to Associates

2008-10-08T11:21:00.003-04:00

Will I have a job in six months? That is the question that many associates are asking themselves these days. Some large firms are trying to comfort the troops with "hang-in-there, your-jobs-are-safe-memos."

While it is certainly a good HR practice to keep employees informed, particularly during a time of crisis, these memos should not be an excuse to stick your head in the sand. Take a look at your own plate of work. See what is happening in your department more generally. Try to find out if other departments in the firm are busy. Get educated about the clients that you serve and understand what is happening in their industries.

Ultimately, the reality on the ground will dictate firm policy. No firm can afford to keep idle associates on the payroll indefinitely. Don't panic at the first sign of a slow down. But don't ignore the warning signs if six months have passed and you have had no billable work.

Clarification on Palin

2008-10-05T20:10:00.003-04:00

I just reread my Friday post about Sarah Palin and realized that some clarification is in order. I did not mean to suggest that Sarah Palin is an impressive debater or that she "beat" Joe Biden. If you look closely at her "answers", she spoke largely in talking points and and in many instances, she simply did not answer the question that was posed by Gwen Ifill. There was not a lot of depth to her answers. But because of the debate format (i.e. there was limited opportunity for follow up) this worked reasonably well for her.

What impressed me about Palin was her ability to show poise and speak in full sentences after being lampooned for her Katie Couric fiasco. It must have taken a lot of inner strength to get back out on a national stage after such a disastrous interview.

Getting Back in the Saddle

2008-10-03T09:31:00.005-04:00

First let me say that I don't like Sarah Palin's politics and I do not believe that she is qualified to be either Vice President or President of the United States. But inspiration can come from strange places and politicians teach us so much about how to advance our own careers.

Like millions of Americans, I was glued to the TV last night wondering how Sarah Palin would perform in her "post Katie Couric" world. There was broad consensus from the right and left that in speaking with Katie Couric, Governor Palin demonstrated how little she knew about some very important issues (she couldn't identify any news publications that she reads, she couldn't name a single Supreme Court Case, other than Roe v. Wade, and she continued to make the ridiculous assertion that living in geographic proximity to Russia has provided her with the foreign policy experience that is necessary to be the leader of the free world.) At times, Sarah Palin was inchoherent in those interviews.

But last night, we saw a politician who looked comfortable behind a camera and who appeared reasonably articulate. It was a dramatic contrast to the Sarah Palin who was so brutally parodied on Saturday Night Live.

While I do not think last night's debate will fundamentally change the election (the tide of bad economic news is simply too hard for McCain to overcome), I don't think we have seen the last of Governor Palin. I also think there are good career lessons to be learned from her.

The lesson is that barring a conviction for a heinous crime, one always has the opportunity to resurrect oneself. Governor Palin proved that last night.

So if you embarrassed yourself before a judge, think of Sarah Palin. If you behaved in an immature way when dealing with counsel on the other side of a deal, think of Sarah Palin. If you missed a major case when doing a research memo for a partner, think of Sarah Palin. In most instances, you will have a second chance. It's all a matter of what you do when that next opportunity presents itself.

My Latest Career Column

2008-10-01T14:33:00.002-04:00

The Legal Times asked me to write an article providing career advice to lawyers for surviving these turbulent times. Click here to read it.

In Turbulent Times, Pay Someone a Compliment

2008-09-26T10:05:00.004-04:00

For the past few weeks, I have been trying to come up with relevant career advice for these turbulent times. Admittedly, it is hard to give advice in the middle of a storm. As I write this, no one knows whether Congress will succeed in rescuing the economy. It's therefore very difficult to predict which practice areas will do well in the coming months.

If you are finding that you have time on your hands, there are things you can do. I wrote about this yesterday. But I was also reminded yesterday that in stressful times, look for ways to connect with people and be generous with your praise (a good policy in good times but something that is even more important right now.) I saw this in the weekly newsletter of the Boston Bar Association and my spirits were lifted.

So go pay someone a compliment. If it is sincere, it will make them feel good; and the good news is that it will lift your spirits as well.

Weathering the Financial Storm

2008-09-25T17:37:00.004-04:00

It is very unclear how the failure of major financial institutions and the federal bailout of some of these institutions will effect the legal profession. But like most of you, I’ve been doing my best to make sense of all this uncertainty.

On the one hand, law firms are likely to see a large uptick in litigation, particularly in high stakes litigation. Similarly, if the current mood in Congress creates a host of new regulation for the financial services industry, law firms stand to benefit.

On the other hand, during a period of financial turmoil, businesses are more likely to stay on the sidelines rather than pursue acquisitions, even ones that were already in the pipeline. Tightening credit is likely to mean less investment in general and a general slow down in economic activity. This is turn will probably mean fewer deals for lawyers.

So what is an associate to do? My colleague Debbie Acker has stressed the importance of taking care of yourself during times of stress. I won't repeat her words of wisdom. But there are also things that you can do for your career in tumultuous times.

For starters, if you are finding that your work is truly slowing down, don't sit around whining about it. Be positive and proactive. Spend more time on marketing activities. Stay involved in professional organizations, write an article or meet with colleagues. You can also spend more time learning about your clients. Take them to lunch. Invite clients to a sporting event.

Find partners who are busy and ask them how you can be helpful. Pay attention to practice areas that are busy and see if you can pick up some projects in those departments.

A lot of this is easier said than done. Lawyers are professional pessimists. We are paid to help clients identify risk. We are trained to think in worst case scenarios. This kind of thinking can do a lot to help a client manage potential risk. But it can be a source of paralysis for our own careers.

So be aware and take action now. If you do, you will have more control over your destiny as we get through this time of great uncertainty.

Should You Write a Book?

2008-09-15T13:53:00.002-04:00

Penelope Trunk, who writes the career blog the Brazen Careerist, argues that book publishing is an outmoded way of distinguishing yourself. Her arguments have some merit. We live in a fast paced digital world where blogging is a much quicker way to get your ideas published. The amount of time that it takes to write a book ensures that you are unlikely to get a meaningful return on your investment (at least in terms of book sales or speaking engagements.)

For professionals, however, I think the calculus is a different. Lawyers are still valued for the knowledge and experience they bring to their clients. Writing a book on a particular area of legal practice is one way to say to the world that you are the expert (i.e. you wrote the book.) If you have written or edited a treatise on the non-compete agreements, for example, then prospective clients are more apt to view you as someone they should hire if they want to enforce a non-compete.

I've often thought of publishing a book on career issues facing the legal community; but for now, I'll stick with blogging and the occasional article in a legal publication. I get the chance to think reflectively about what is going on in the legal profession, I have the satisfaction of seeing myself in print quickly, and I am not distracted from the hard work that it takes to succeed as a recruiter.

Best Firms for Women--Round II

2008-09-10T09:24:00.002-04:00

I noted a month ago that Working Women magazine has come out with it's second annual list of best law firms for women. Yale has now come out with it's own third annual list. For my Boston readers, WilmerHale and Mintz Levin have made the cut.

While I think these lists are instructive as to which large firms are most focused on creating better work/life programs (and implementing them as well), don't miss the big picture. By design, large firms are most likely to service the largest clients. Large firms are most likely to have the highest billing rates. Large firms generally pay the highest salaries. Large firms are therefore most likely to have clients who are the most demanding or who have the greatest expectations when it comes to customer service.

So maybe the firms on these lists do try harder than other firms; but large firms are probably not the best place to find work/life balance.

Great Networking Opportunities This Fall

2008-09-05T09:03:00.002-04:00

There are 60 days left in what promises to be a very exciting (and probably a very close) presidential race. Unless you live in a state where your candidate is expected to win by a landslide, the Democrats or Republicans need you more than ever.

Working on a political campaign can be a lot of fun; but it is also a good way to increase your network of contacts. And if you are a lawyer who is beginning to think about how you might generate your own clients in the future, this is a great time to jump into the fray.

Don't worry about selling yourself as a lawyer. The point is to get out and meet other professionals, business owners and future leaders who may some day need legal services. Right now, you are simply volunteering your time and energy to do a range of administrative things that will help get out the vote for your candidate.

A political campaign is a very natural way to make strong connections with other individuals. Your starting point is that you are both passionate about the same thing (presumably your candidate--if you are not, then perhaps this is not the best way to spend your free time.) Both campaigns desperately need you to make phone calls, organize events and countless other activities. As a lawyer, you will be valued for your organizational skills. But the time is NOW. If you wait much longer, the game will be over and you will have missed out on one of the most interesting presidential races in your lifetime.

Beware of "Chicken Little" Pundits

2008-08-22T13:49:00.002-04:00

It's easy to read a well crafted article and conclude that 2008 will be a terrible year for most law firms. Maybe it will. But the problem with articles like this is that they are widely circulated in the legal press and you end up with the equivalent of the CNN effect (i.e. something must be true because you hear it so many times in a 24 hour news cycle.)

In fact, many firms are reporting that 2008 has not been as strong as 2007. But is this really the worst market for legal services since 2001? If you want to know the answer, wait until 2009. Economists are much more accurate looking in the rear view mirror then they are in predicting the future. Until then, make sure that the facts show a dramatic slow down in your firm before you conclude that it is time to think about your options.

Best Firms for Women

2008-08-12T09:56:00.003-04:00

The results are in. Working Mother Magazine and Flex-Time Lawyers have released their second annual report on the top 50 best law firms for women. As I've written in the past, I do believe that rankings should be kept in perspective. Large law firms are complex institutions that offer many different realities to individual attorneys (i.e. depending on which office you work in, which department you work for, what deals or litigation matters you get staffed on, how busy your practice area may be, the personalities of the partners you report to, etc.)

Over time, look for the firms that appear on these lists year after year. Appearing once means something. Appearing consistently is worth noting.

Don't Ask "Why"

2008-08-07T17:07:00.003-04:00

On the eve of the Beijing Olympics, my local public radio station interviewed a sports psychologist, JoAnn Dahlkoetter, on the subject of achievement. Dahlkoetter, who won the San Francisco marathon in 1980, had numerous interesting things to say about achievement. Most of what she said has relevance to being a successful lawyer--whether you are striving to develop a high level of competence in your practice niche or trying to build your own practice through effective marketing . You can catch it on the WBUR website at your leisure.

She was particularly insightful on the subject of overcoming adversity. One strategy that she suggested struck a chord with me. She indicated that in the face of failure, don't ask yourself "why" it happened. You can always come up with reasons to blame yourself (and being a lawyer where you are paid to identify how things that might go wrong, this is particularly true.) Instead, she suggests that after a set back, ask yourself, "what" should I do next or "how" can I get past this. I guess this is another way of saying focus on the present or on your future actions rather than dwelling. Now I just have to figure out "why" this has been hard for me in the past!

The Opportunity Maker

2008-07-18T10:44:00.003-04:00

There's a simple principal in saving for retirement: start early. If you begin making small and regular investments when you are in your 20's, you will be well off by the time you reach 65.

It turns out that the same principle can be applied to building a law practice. Get started when you are a law student and by the time you are a senior associate, you can begin to reap the rewards. That is the basic premise behind a new book published by Thomas/West, The Opportunity Maker: Strategies for Inspiring Your Legal Career.

The Opportunity Maker is an easy read and contains a lot of practical information. While a newcomer to the profession (and marketing) may find the book a little overwhelming (another point made in the book is that there are many different ways to build your reputation and referral network,) the author does make an effort to point out that just getting started is what counts (i.e. not to do everything mentioned in the book.)

This volume is best used as a cookbook that can help you to understand how to implement strategies that feel most comfortable to you. No one could possibly try every suggestion (nor does it make sense to try.) But if you want to make a good investment in your career by laying the groundwork for building a practice, The Opportunity Maker is a good place to start.

In a Down Economy, Time is of the Essence

2008-07-16T18:28:00.004-04:00

My colleague Deborah Acker has written a good post about job hunting in hard times. She argues that in a down economy, it is important to act quickly when job opportunities present themselves. She writes "see the opportunity, jump on it, and address it square on"--kind of like playing Whac-a-Mole at an arcade.

Keep it in Your Pocket

2008-07-14T13:19:00.002-04:00

Never look at your blackberry during a job interview. It's rude! That's the advice in this week's Advice for the Lawlorn (free subscription required.)

Is Taking a Detour a Good Idea?

2008-07-08T22:11:00.002-04:00

A litigation associate at a mid-sized firm wants to know if taking a non-legal writing position at a well know financial services firm will enhance his career prospects at a large law firm. The answer is a definitive NO! (free subscription required.)

Get Out of Your Zone

2008-07-02T13:09:00.001-04:00

Your comfort zone that is.

Playing Politics

2008-06-27T16:46:00.005-04:00

Unless you work for yourself, you will always be surrounded by people you like and people you would rather not spend time with. This is particularly true in a law firm environment where there are a large percentage of very smart and analytical people who are not equipped with the best social skills. But if you want to get ahead, you need to understand who holds the power in your firm and you need to nurture positive relationships with those individuals.

If you need inspiration to do this, just watch Barack embrace Hillary after a long and vicious primary campaign. Barack needs Hillary, even though he probably doesn't like her very much. Hillary also needs to show her loyalty to the Democratic party if she ever wants to make another run for the White House (even though she probably believes she was cheated out of her rightful nomination by a relative unknown.)

Getting ahead in an organization requires political skills. So start cultivating your own if you want to succeed.

How You Play the Game

2008-06-20T17:27:00.002-04:00

My colleague Lisa Pavia has a nice post on BCG's new blog, The Lateral Attorney Report. She holds up Tim Russert as an example of someone who achieved success while playing nicely in the sandbox.

Reading Mixed Messages

2008-06-17T07:08:00.007-04:00

Large law firms are very good at delivering mixed messages to associates. "Make sure to participate in firm functions, outings, sporting events, etc." But understand that work always takes precedence. This and other advice to summer associates courtesy of the "Snark" in Atlanta.

IQ vs. EQ

2008-06-12T15:00:00.000-04:00

IQ (or intelligence) will help you land your first job out of law school. But as you become more senior, EQ (emotional intelligence) becomes increasingly important to your success. That is why feedback from partners is so important. Without feedback, it is much harder to develop your emotional intelligence/interpersonal skills.

As I wrote here, do not interpret no news as good news (i.e. don't wait for feedback, ask for it.)

Law firms do not always understand the importance of taking the time to give constructive criticism. When feedback is given, it often focuses on the negative. This plays a big role in law firm turnover. This and more on Law Crossing.

How Do Law Firms Succeed?

2008-06-12T04:29:00.005-04:00

A consultant offers the Ten Habits of Highly Successful Law Firms. My favorite is #5 (Emphasizing that Clients Belong to the Firm and NOT the Lawyers.) But given the power that large rainmakers yield at large firms, I think many firms are unfortunately headed in the opposite direction.

New Blog on the Block

2008-06-03T21:00:00.003-04:00

My colleagues at BCG Attorney Search have banded together to launch a new blog entitled the Lateral Attorney Report. While the content will overlap with what I have been posting on Counsel to Counsel, I am excited to welcome another blog aimed at helping associates and partners sort through difficult career issues. The Lateral Attorney Report has already added many new voices to the discourse on the legal profession. I will be participating as a guest blogger from time to time. I hope you will take a look.

Blogging is Good For Your Health

2008-05-30T16:06:00.001-04:00

I always wondered why I derive so much pleasure from spending time working on CounseltoCounsel. It turns out that blogging is actually good for your health!