Tuesday Shorts 11/27/07

Lessons Learned on Balance: I’ve read Ellen Rappaport Tanowitz’s article Balancing Act: Lessons Learned (published in the September issue of the ABA’s GP/Solo New Lawyer newsletter) several times now, and it’s touched me each time.  After recounting the story of death at an unconscionably young age, Tanowitz writes:

Luke’s dad has taught me some very valuable lessons, that I plan to carry with me and that I share with you. First, if something is really important to you, find a way to do it. Don’t wait for the perfect time or until you have enough money—don’t be frivolous or reckless or use it as an excuse to hit the spending limit on your credit cards—but do it, because really, the perfect time rarely arrives. Second, I am sure I am not the only one who can tell such a story. I know that most of us know families like Luke’s or maybe we are Luke’s family. So when the minutiae of life has got you down—take a deep breath and try to look at the bigger picture and try to realize that things really aren’t that bad.

Think twice before you check luggage.  Just a few days ago, I received payment and flight coupons from Delta to “compensate” me for the loss of my luggage in early October.  I still can’t quite fathom how the loss occurred, since it seems that the luggage claim tag was removed from my bag and applied to another bag instead, and I’m at a complete loss as to any way to protect against future losses.  The Law Practice Management blog offers a cautionary post with good reminders: Traveling with Luggage Is Getting Harder.  According to the post, 1 in 138 checked bags was lost during the first nine months of 2007.  (I’m unclear on the whether these bags were delayed or truly lost.)  I’ve always been careful not to check client materials when I travel, and this is why:

And most importantly, be sure that any client-sensitive data and other essential work-related information is kept with you at all times, or shipped by a private carrier ahead of time. With the odds increasingly getting worse, you don’t ever want to risk having to inform the client that their confidentiality may have been compromised by airport baggage mishandling.

Do they give thanks?  The Thanksgiving issue of the New York Times included an article on perks that some large firms offer their associates.  The lucky associates enjoy such delights as on-site massage, food delivery (including dinner on a silver tray), on-site daycare, in-home emergency nanny services, a nap room, and much more.  Perkins Coie, which is roundly regarded as a terrific place to work, even features a “happiness committee” that delivers “random acts of kindness” to the hardworking lawyers and staff.  Reading the article, I found myself wondering what clients think of some of the more indulgent treats:

But Mr. Johnson of Law Practice Consultants said that some corporate clients paying $350 an hour and more to some associates, and double that or more to partners, were irritated. The corporate clients “don’t want to be responsible for associate training,” he said. “I hear them say all the time, ‘they treat their associates better than I get treated at my company.’”

Although some of these perks do facilitate work (raising questions about balance), thinking about perks plus quite high hourly rates leads me to think, again, that this is a great time for local/regional small/mid-sized firms to approach clients of large firms and poach some business.

And yet, I must admit that I also wonder: what’s the opposite of schadenfreude?

Tuesday shorts: 11/20/07

Leadership Development for Lawyers  Mark Beese, the “marketing guy” at Holland & Hart, shared a firm’s approach to establishing a leadership development program on his aptly named blog Leadership for Lawyers.  Two points from his post struck me particularly, as follow:

1.  There is not an outcry from lawyers for leadership development.  Many partners already see themselves as either adequate leaders or they don’t care.  Leadership education is best sold as a privilege and a ‘fast track’ to other benefits.   Leadership Development (LD) needs absolute buy-in from the Managing Partner and the Management Committee, including recognition that LD will take time away from admin and billable hour expectancies.

2.  While it is important that the Managing Partner and Managing Committee participate in LD, the real benefit is when front-line leaders like Practice Group and Office Leaders participate. Ideally, a firm should consider levels of LD, including LD for all associates, LD for emerging leaders, LD for front line leaders, LD for top level leaders and LD for staff directors. 

More on leadership  Leaders are made, not born, according to three firms profiled in an article in The Legal Intelligencer titled Leadership Programs Born From Lack of Born Leaders.  Programs instituted by Stradley Ronon Stevens & Young, Buchanan Ingersoll & Rooney, and Reed Smith are profiled.

Leadership in law firms is such an intriguing topic to me, and it’s part of my professional focus in part because I attained a certificate in leadership coaching from Georgetown.  Please keep watching this space for an upcoming announcement of paths for exploration of leadership development specifically for lawyers.

Successful lateral transitions  The American Lawyer has published an article by recruiter Elizabeth Purcell  titled How to Ensure Lateral Loyalty.  The article focuses on retention of lateral partners, but may offer good advice for integrating associates as well.  The key findings?  First, that firms often don’t do a good job on integrating laterals.  Those who do succeed do so by making sure that the fit is good before bringing on the lateral (largely by not buying into hype) and then by introducing the lateral to other partners and to clients and by developing a team that is as respectful of the organic group as it is of the new hire.

 

Tuesday shorts 11/13/07

Work/life imbalance stereotypes: Tom Stern, a Fast Company expert blogger on work/life balance issues, has posted a list of the Top Ten Work/Life Balance Turn-Offs.  This list of stereotypical characters (who may show up just in time to destroy your work/life balance) is both amusing and a good warning for those evaluating potential co-workers and supervisors.  One example is The Rationalizer, about whom Stern observes, “We do not want to hear about the logic which led you to neglect your loved ones in order to come up with such a brilliant idea that’s really going to turn the company around. Sure, we’ll have a stronger third quarter, but we’ll spend it picturing your family staging an intervention.”

Energy management: Anyone who’s heard me speak on time management knows that I hold that energy management is the foundation of time management, since none of us can use time effectively without abundant energy.  Cali Williams Yost, another Fast Company expert blogger, is lauding the recent focus energy management:

Just as the personal and professional demands on your time are going to change throughout your life, so are the demands on your energy. The good news is, however, unlike time which is a finite resource, energy is renewable. But you need to be aware of when energy is being depleted to order to implement strategies to maintain and increase it. If it’s not part of your awareness, you will be continually frustrated when your detailed work+life fit time analysis keeps coming up short.

How to make a losing argument.  James McElhaney’s fictional character Angus shares brilliant litigation insights every month in the ABA Journal magazine.  This month’s column, How to Make a Losing Argument, will be beneficial for non-litigators as well, since all lawyers seek to persuade.  Two ways to lose stood out to me from the seven that McElhaney identifies: “base your argument on obscure technicalities” and “push a good point too far.”

And a follow-up on last week’s post about the flawed room service breakfast I received and how important it is to inquire whether a client is happy with the service rendered — especially for those who thought it a petty point.  My breakfast was incorrect the next day as well.  (I’m usually not such a room service fiend, but when a conference starts at 7 AM…..)  And then I started to notice other shortcomings.  The ballroom was freezing cold; when my assistant called the hotel to get the correct mailing address, the operator said that neither Brown nor Fleming-Brown nor Fleming was registered and declined to confirm that my conference was indeed at that hotel; housekeeping didn’t replenish the toiletries that I’d used.  And then my breakfast was wrong on the third (and final) day that I ordered room service, at which point I called to complain and requested the charge to be removed from my bill.  When I checked out, the clerk didn’t ask how my stay was, which confirmed to me that the hotel really didn’t care, and she didn’t thank me for my business.  Will I stay there again?  Not likely.  Will I consider that experience when I consider the hotel chain in the future?  You bet.  Thus ends this client service parable.

Bad clients and bad news

There is such a thing as a bad client…  Tom Kane’s Legal Marketing Blog inquires, Are Bad Clients Keeping You Up At Night?  If you have bad clients (or wonder whether you do), the answer is surely yes.  Tom draws from a post on the Bootstrapper blog to help identify bad client characteristics and to suggest how to fire them.  (And if you conclude that a client isn’t a bad client, but an unrealistic one instead, consider these ideas for managing the representation to decrease the chances that your unrealistic client will morph into a truly bad client.)

What would Churchill say?  Maybe instead of dealing with a bad client, it’s delivering bad news that’s keeping you up.  An article, by Arthur D. Burger of Jackson & Campbell, uses Churchill’s 1940 speech reporting that the Germans had defeated the French army to illustrate how lawyers might responsibly and effectively communicate bad news.  In short: be frank about the news (especially if the news is the result of an error the lawyer made) and offer a plan that addresses the next steps.

Meanwhile, in Pakistan…  This isn’t a political blog by any stretch of the imagination, but this story can’t go unnoticed.

Tuesday Shorts 11/6/07

Requesting an extension because of school vacation  Somehow, I missed this WSJ Law Blog post in early October, which reported that Weil Gotshal requested a delay in hearing dates in a bankruptcy case (set for December 18, 19, 20, and 27) on the grounds that “These dates are smack in the middle of our children’s winter breaks, which are sometimes the only times to be with our children.”  The response filed by Kirkland & Ellis called the reason “woefully inadequate” and noted that “The personal needs of a handful of professionals, unfortunately, must be balanced against the thousands of employees, creditors and other parties in interest . . . whose livelihoods and/or recoveries are dependent on (Calpine’s) successful emergence from Chapter 11.”  (The WSJ Law Blog post includes links to the actual pleadings.)  The WSJ blog The Juggle offered this commentary, which quotes Sylvia Ann Hewlett of the Center for Work-Life Policy as finding the request a “promising step” toward promoting work/life balance.

Confessions of a CEO  Fortune Magazine has published a fascinating article about Dominic Orr, a high-tech CEO whose workaholic habits nearly ruined his life. Events such as his decision to travel to a sales conference the day after his mother’s death, causing her funeral to be delayed by three days were the norm until he discovered that his goal was “to die a complete man.” Working with a therapist, now an executive coach, revealed that Orr’s life was missing hikari, which is the Japanese term for light and which Orr views as “speed to enlightenment,” and he resolved never to work again unless he could combine work with hikari.  He was able to do so, and the story of how he did is truly remarkable.

Tuesday shorts: 10/16/07

Today’s shorts are very, very short.

Email interpretation:  We’ve come to rely on email as a quick and easy way to get a message across.  Quicker than voicemail and an easy way to create a record, we use email for everything from assignments to news to forwarding jokes.   David Giacalone of f/k/a offers commentary on a recent New York Time op-ed piece by emotional and social intelligence author Daniel Goleman titled E-Mail is Easy to Write (and to Misread).  Goleman describes neuroscience-based evidence that email lacks the emotional cues that keep us on track in face-to-face or telephone conversation.  As a result, Goleman writes, “we tend to misinterpret positive e-mail messages as more neutral, and neutral ones as more negative, than the sender intended. Even jokes are rated as less funny by recipients than by senders.”  The discussion is an interesting one, especially because, as Giacalone points out, written materials have always lacked emotional cues, and the primary difference may be the speed and limited attention we pay to writing emails.  Bottom line: be aware of missing context when you write emails and when you read them.

And Matt Homann of the [non]billable hour offers 9 success tips that underlie 25 Ways to Find a Client, based on a post by Dumb Little Man on 25 ways to get a date offline.  The tips are easy, simple, and just plain good ideas for living, such as, “Have a simple goal of making new friends. Don’t put too much pressure on yourself. Seek to find a great friend and see where things lead.”  Dumb Little Man isn’t so dumb.

I’ve also been intending to link to a Law Practice Today article about Matt Homann, specifically his Mini-Manifestos with 15 rules for clients and 17 rules for lawyers.  Practice would be much simpler and better for both lawyers and clients if everyone could apply these rules.  Examples?

For clients: 5.  You want to buy results, not time. Most lawyers sell time, not results. Make sure you both understand the difference before your first bill arrives. You will certainly understand the difference after.
6.  If you want to find a lawyer who sells results, look hard. There are a few of them out there. They are the ones who can still smile because they get to see their children before 9:00 at night.

For lawyers: 9.  Your clients will always know their business better than you do. They may even know the law better than you. Make sure to seek their advice before giving yours.
11.  Your clients have wants. Your clients have needs. They often don’t know the difference.

Tuesday shorts: 10/9/07

A few things from the last week that deserve to be highlighted…

Bruce MacEwen of Adam Smith, Esq. offers a fascinating interview with Bruce Stachenfeld of Duval & Stachenfeld, a New York-based firm that’s made the news recently with its unusual compensation plan.  The firm pays first-year lawyers $60,000 and calls them “opportunity associates.”  The pay goes to $80,000 after 9 months and then increases semi-annually in $10,000 increments.  After 2 years (and sometimes earlier) successful associates are promoted to “full associate” level, at which point the pay is equivalent to Cravath’s pay plus $10,000.  The Adam Smith interview offers the back story on how the program came to be and how it’s working.  Fascinating.

Steve Seckler of Counsel to Counsel reminds lawyers that “success in the legal profession means having the ability to generate work and the best place to look for work in the future is by keeping up the relationship with existing clients today.”  Cultivate those relationships!

Current or recent job-seekers have no doubt dealt with the question of what constitutes an appropriate writing sample.  Eugene Volokh of  The Volokh Conspiracy started an interesting conversation about the Ethics of Writing Samples recently, springing from a junior associate’s question about what can be used as a sample without requesting the firm’s permission (and thus tipping the job-search news).  The comments touch on ethics, copyright law, opinions drafted by law clerks and their use as writing samples, and more.  As one commenter observed, “what I find interesting is that people cling strongly to conflicting opinions. In practice, this seems to mean that whatever an applicant does is likely to result in a significant percentage of employers eliminating him for it, even though other employers would have eliminated him for not doing it. Wonderful!”

And Orin Kerr, also of The Volokh Conspiracy, posted Fewer Women Seeking Law Degrees,which cites an article from The National Law Journal reporting that the percentage of women in law school has declined each year since 2002.  While the drop isn’t precipitous (46.9% this year as opposed to 49% in 2002), it is significant.  The article speculates that “fewer women want a lawyer’s life.”  The comments spin off into a discussion of legal “jerkiness,” including which gender exhibits more of it and who will and won’t tolerate it in others.

Tuesday shorts 9/25/07

Anne Reed of Deliberations hosted this week’s Blawg Review #127.  It’s a cleverly arranged Blawg Review, using the “17 best tips for voir dire” as an organizing theme.  Reading this round will not only teach you about voir dire (with tips such as #4 watch for points of view, #8 watch for the quiet ones, and #17 remember the majesty) but also introduce you to a wide range of interesting and insightful posts for the week.  Nicely done!

Yesterday’s Wall Street Journal featured an article titled Hard Case: Job Market Wanes for U.S. Lawyers, which describes the disconnect between the top law school graduates who secure jobs in large firms with starting salaries around $160K versus the rest of the graduates, some of whom may struggle to make it on $20-35 an hour document review positions while carrying as much as $100K in law school laws.  Although the article starts with the puzzling observation that “A law degree isn’t necessarily a license to print money these days,” (was it ever?) the situation described is familiar to many recent grads and those who work with them.  Don’t miss the charts that illustrate graphically just how the dollars are — and aren’t — moving.

And today’s inspirational moment comes courtesy of Good Morning America.  Last week, I happened to catch a part of a broadcast and saw Randy Pausch, a 46-year old professor at Carnegie Mellon who has terminal cancer and delivered his final lecture titled How to Live Your Childhood Dreams.  I listened with half an ear at first, but his comments grabbed me, particularly when I heard his tone — clear, funny, not a drop of self-pity.  I believe the interview wrapped up, as the website story does, with Dr. Pausch’s lesson:

You know, life is a gift,” Pausch told Sawyer. “Again, it sounds trite, but if you wait long enough, other people will show you their good side. If there’s anything I’ve [learned] that is absolutely true. Sometimes it takes a lot longer than you might like. But the onus is on you to keep the hope and keep waiting.

The full lecture is split into 4 parts.  Watch it.  You’ll be glad you did.

Tuesday shorts: 9/18/07

I posted a few weeks ago about Saying NO, and I recently ran across a post on The Marketing Mix that suggests 7 ways to say no in a post titled, How to say “no, thanks”.  After all, as is so often true with communication, it’s just as important to know how to say it as what the “it” is that you want to say.  Ilise Benun offers 7 ways to say “no” (courtesy of marketing coach Susan DePue) including the “Gracious NO” (“I really appreciate you asking me, but my time is already committed”) and the “I Know Someone Else NO” (“I just don’t have the time to help you, but let me recommend someone else I know”).  It’s a handy guide to a variety of ways to say that magical one-syllable word.

Peter L. Smith, Managing Director of BCG’s San Francisco office and sometimes-blogger on Counsel to Counsel, has started a new blog called ad arguendo: the blog of law and leadership.  The posts are unusual in their depth and approach (drawing on sources from ancient philosophers to Elvis) and often thought-provoking.  Not surprisingly, I was intrigued by recent interviews with a coach for lawyers (for those interested in continuing to practice) and a firm that provides career counseling for those who intend to leave practice, as well as a post on taking action to make a bad situation better, titled Don’t Succumb! Unlearning “Learned Helplessness” Among the Attorney Ranks.  Ad arguendo isn’t a blog for casual reading, but it’s likely to tickle your brain in stimulating directions.

Tuesday shorts

As I recover from declaring blog bankruptcy, I’m finding time to stay up on the marvelous things going on in the blogosphere.  So, today I introduce Tuesday shorts, a collection of references to interesting posts I’ve run across recently.

Drowning in email?  I say a hearty AMEN to Dan Hull‘s (of What About Clients?) post E-mail is a great tool and it’s making you nuts. Call me.  Everytime I start to send an email, I question whether a call or actual visit would be more effective.  The answer, not infrequently, is yes.

Today’s Dilbert seems to be channeling some law firm managers.  Here’s an advanced management tip: if you have something unpleasant to convey to someone, spit it out rather than allowing them to marinate in worry.  And if you just need to discuss something, be careful of the way you phrase your request.  This suggestion is applicable to clients as well as those you supervise.  And along the same lines, Jay Shepherd of Gruntled Employees has discovered that Ept managers lead to gruntled employees, which in turn lead to minishing profits.  (Wondering about the mangled words there?  Contrast with “inept,” “disgruntled,” and “diminishing.”)  Management and leadership (not the same skill set) matter in law firms as they do in other organizations.  As you advance, be sure to develop these skills along with your practice skills.  And learn how to manage “up” as well.  (I’ll cover “managing up” in another post soon.)

This week’s Blawg Review #125, hosted by Kevin O’Keefe of Real Lawyers Have Blogs, is all about the “art of blogging.”  If you’ve considered writing a blog, or if you’re just wondering what the hubbub is all about, this is a can’t-miss opportunity to learn from some of the best in the blogosphere.

Finally, congratulations to Bob Sutton, whose fantastic book The No Asshole Rule (which I reviewed here) has won the Quill Award for Best Business Book.  Congratulatiopns, Bob!  It’s a well-deserved honor.