That is certainly my intention. **Utilitas**!!!!!
eyes open
"know thyself" is the cure, the answer, the process, the goal, the result
Sunday
New Direction: All Professionals Welcome!
That is certainly my intention. **Utilitas**!!!!!
Tuesday
The Heat Is On, and On, and On
And I try to remind all my professional coaching clients as well as my attendees that it is all about (STILL all about) what you know, what you want to know, and what you want. The work and the understanding of 'how to position' yourself CAN'T be done without first doing that big homework assignment of knowing all of your past successes.
Moreover, as I constantly remind folks, each individual and each firm must be able to look at each success from as many angles as possible. Was it just the result that was great for our client? How about our processes? How we staffed; how we reacted; our reaction time; our efficiency; our ability to network in expertise, etc., etc.
The answers to all of the above questions (and more) can help us understand and BELIEVE what makes our firm, our service, our value added, well, added value! But we can't start at "what our clients want to hear". We MUST begin with the truth: what we are, and what we aspire to be. There are ALWAYS enough clients---but you must FIRST: HAVE a message; and BE someone (be someTHING) before you can "sell" the firm.
And NO, you cannot be 'all things to all people'. Even large, full-service firms know that. They have to figure out what makes them unique, what makes them worthy of being entrusted with a case, and being paid cold hard cash for it.
Ask yourself those tough questions first, and the rest will fall in to place, believe me.
Well. This is why I love coaching individuals and teams---all the answers are really all there, it just takes some digging and some refining--and someone willing to take the time to ask the right questions.
Exploitation Begins At Home! - (Networking 101)
Who here says "I don't know how to (want to) network"? OK. Really, really simple: begin making a list. Go to your Outlook contacts folder, your family address book, every one of your email accounts: create a master list of EVERY SINGLE HUMAN BEING ON THE EARTH THAT YOU KNOW.
Well. If every single person on that list doesn't know you are looking for work/looking for a change/seeking more business, etc., then you haven't even done step one of networking.
People pay big dollars for lists of potential contacts. But you already have upwards of a 1000 contacts ALREADY----start using them. Even your maiden aunts. Remember the 3 degrees of separation rule? That means that everyone---EVERYONE you know is related somehow to someone who can give you business. Get your message out.
Getting it out: start calling and reestablishing relationships. Start sending emails offering to go out for coffee. Make an entry on your personal blog or FB. Start now. Don't even think of going to networking events and cold-calling until you have exhausted the network you ALREADY HAVE.
Got it? Good.
Happy hunting!
Thursday
Resume / CV / Getting Your Message out!!!
SO MANY of my new acquaintances and new clients are struggling with the resume/cv format. Here's a 're-print' of my (if I may say so) famous resume article. FOLLOW this advice and your CV WILL get attention.
When I sit down to write an article, I usually try to come up with some reference to classical antiquity, or perhaps Enlightenment-era philosophy. I like to think that the progenitors of our society have something relevant to say that sheds light even in our relatively “dumbed-down” pop-centric, go-go culture. But when I sat down to write this article on re-approaching the professional resume, I felt that the sedate, reasoned approach to life exemplified by our intellectual forebears just did not catch the spirit of the modern job search. Not at all.
Fleeting Romance
I am not the first to notice that the interview process is analogous to a dating relationship. Moreover, in this age of increasingly short law-firm tenures, the law firm/attorney dance can resemble a singles’ bar scene. If this is the case, then recourse to the timeless Justice Holmes is in order. Recall his admonition: “the timid may stay at home.”
You do not want to stay at home—you want to fulfill your professional goals and get into a platform that creates the synergies you need. You have to get your name noticed, and for any given person, you do not have two chances to do it. Just one.
A fantastic cover letter will open doors and get you past multiple gatekeepers, but a resume must still deliver. At some point, a decision-maker is going to pour over that resume and hope that the skills and experience that she has been looking for will finally appear. And this person does not want to guess and surmise—she wants answers. I hasten to add that your resume has approximately 11.3 seconds to communicate those answers. This is why your resume very likely needs, “A little less conversation, a little more action.”
Action v. Conversation
While I would normally hesitate to quote the King of Rock ‘n’ Roll for the centerpiece of anything worth writing about, I have to admit that his injunction “action over conversation”, is the perfect synthesis of the interview process as dating ritual, and the need to truly communicate and impress in a resume. Basically, what I mean is that your resume must be taut, dense, full of “answers,” not “questions.” In short, your resume must be an action saga, not a job-description, or mere ‘conversation’.
With this as a philosophical basis, I provide the following broad perspective and practical advice on how to re-imagine your resume as a fearless piece of pointed advocacy, rather than a timid, milquetoast recital of unsupported conclusions.
A vital preliminary word about format.
Many of my candidates initially have a difficult time listening to my suggestions because they cannot get out of their minds the outdated rubric that a resume can be only one page long. They hear about the extra detail I want them to add and they are afraid that they will exceed this outdated and lifeless magic circle, which they conceive of as a cardinal rule. Wrong. Wrong. Wrong. A resume, if well-read, is a pleasure to read. In the context of a professional resume--especially for a lateral attorney with at least one year of experience--two and even three pages are perfectly acceptable. Thus, if you are following me, I hope that you have allowed yourself to completely deconstruct in your mind your current resume and its format, the better to begin your reconception of that document anew.
First:
The “Legal Experience” portion of your resume is going to be reconstructed to demonstrate your abilities, not describe them.
Think of your resume as a piece of advocacy. A good brief shows a judge how and why your client’s position is the only reasonable one. Similarly, your resume must be designed to answer the “how?” and “why?” behind statements like: “Experienced in all aspects of litigation” or “complete mastery of corporate formation tasks.” Something like that lyric “A little less conversation . . .” is going through the mind of someone who reads multiple resumes in a week. The hiring partner or recruiting coordinator is thinking “why can’t this highly educated person tell me something interesting about themselves—why does this resume look like every other one I’ve ever read except for the name, the school and the graduation date.” You as a candidate must make it your mission to foreclose the possibility that those thoughts go through the mind of the decision-maker at the firms you approach. Thus, I want you to conceptualize of your resume as a showcase for success stories that highlight your skills, and puts them into a particular context.
Second:
Write the perfect bullet point with my “eight golden keys” to grabbing attention.
Your resume is going to be full of detail, but it must be snappy. The best way to draw a reader in, without making him or her feel ‘trapped’ by undifferentiated text, is to use bullet points. You have seen bullet points before—short sentences, or perhaps two or more sentences, set off by text above and below it by a dash, arrow or round dot, a “bullet.” Your resume should use them strategically, but the most important aspect is to craft the text. In my view, the way to view bullet points is similar to how you may have used them in a brief—as a recitation of evidence supporting a conclusion. The first line or two of any heading under the “Legal Experience” portion of your resume is your firm name, and title (“associate” or “partner”). If the firm is a well-known one, your “conclusion” may already have been stated (“I am a world-class [litigator, corporate attorney, etc.]”). Further, you may want to simply write out a two-line “conclusion” just under this information, to give the reader an idea what you have practiced. The idea is to communicate the way you frame yourself to other attorneys—you are communicating to the reader that you are a competent and well-rounded litigator (for example) that has lots of experience in sophisticated work. Alternatively, this could also be done at the very outset of your resume in a “Profile” section (a 3 to 5 sentence narrative paragraph summarizing the most important points about your legal skills).
Regardless how you frame the “argument” of your resume, the “bullet” points are the meat that backs up the conclusion already made. And those bullet points need to deliver. Note that these are not simply “further information” for the reader. No. They are a presentation of facts that prove—that demonstrate--your competence. The way to prove competence is through the eight golden keys, which individually or in combination provide the “scope”, the “context” of your work. They are:
a) degree of autonomy;
b) caliber of client;
c) sophistication of the work;
d) volume of the work;
e) client industry;
f) degree of client access;
g) dollars involved; and
h) social/political significance of the outcome.
Ideally, each bullet point throws in powerful phrases or word-clusters that allow each bullet text to contain 3 to 5 of these “golden keys.” Let me demonstrate. A bullet point in a litigation resume may say: “Took the lead in several complex commercial litigation matters.” I see this type of phrase every day in resumes. The candidate should have focused on one of these matters and touted his own, individual work. For example, the following communicates much more: “Wrote, argued and won summary judgment defending a Fortune-100 worldwide chip manufacturer in a $50 million licensing and distribution lawsuit based on appropriate application of choice of law provision.” Notice that I have used at least five categories including: a) degree of autonomy (“wrote, argued and won”), b) caliber of client (“Fortune-100”), c) sophistication of the work (“motion for summary judgment” and “choice of law provision”; e) client industry (“chip manufacturer”); g) dollars involved (“$50 million”). If I didn’t have any of these facts, I would try to find at least two categories that did apply. The point is to take the time to dig back into your past successes and mine them for gems. In the day-to-day practice, we tend to think only of our current projects, forgetting past successes—don’t make that mistake.
Third: Make sure you covered the basics.
Every attorney resume should have at least the following sections: a) biographical information (name, cell-phone number and email address); b) legal experience; c) education; and d) affiliations/admissions. If applicable, add the following: e) “Other Experience”; and f) “Publications and Presentations”. Try to use the above principles when describing your law school and undergraduate careers.
Fourth: Honesty--The ONLY Rational Policy.
It should go without saying that every single statement and every portion of every statement in your resume, transactions list, bio, or any other piece of writing you submit to a potential employer must be 100% accurate. There is no puffing, no stretching of the truth, no artful lapses of completeness to convey the wrong idea. Most real or perceived ‘blemishes’ can be handled. What CANNOT be ‘handled’ is even the hint of misdirection. The legal market is too tight to deal with the cognitive dissonance that results from partners having to re-think their analysis of a candidate’s fit for a firm, after realizing some important aspect of their profile that wasn’t immediately obvious from the original submission or resume.
Action, Action, Action.
Basically, this all boils down to making the job of the hiring firm easier. By doing the analysis yourself of what you have done, where you’ve done it, what the results were and how it impacted on clients, you are leading the reader to the conclusion you want, without the reader having to work to prove or disprove any representations you’ve made. Thus, less conversation—less space-taking chatter about “abilities”—and more action: more direct demonstration of your proven successes. If you can make that cognitive leap, you are much farther down the tarmac than your competition. And believe me as someone who is in a position to see trends in the industry, competition for premier positions will only increase.
No pressure!
Peter L. Smith, Esq.
Executive Director
On Call Counsel
415.392.5858 x130
psmith@oncallcounsel.com
Friday
Trust Your Gut--Always. Always. Always.
I remember the story about Winston Churchill's most famous commencement address. You must have hear this story.
This is long after his days as wartime prime minister. By the time of this speech, he was now revered to an almost cultlike degree.
After a lengthy and florid introduction by the University President, the venerable minister walked ponderously up to the podium. He carefully removed his hat. He slowly hooked his walking stick to the podium's side and slowly checked his watch. Then, he glared out at the audience of apple-fresh faces ready to hear one of his famously motivational (and usually fairly long) speeches. He began in a small voice: "Never give up." A long pause. Then he continued, louder, clearer: "Never give up." Then he nearly shouted "Never give up!" Then he retrieve his stick and hat and left the podium to thunderous and prolonged applause.
Of course, I entirely agree with his sentiment. Never give up! But I would give you something to do on--to add to Winston's motivational, but somewhat enigmatic injunction. Never give up . . . . what?
The way to know is to know and trust yourself. Listening to your 'gut' is a skill that must be learned. We aren't born knowing how to use it. Usually, it is an almost physical experience.
Last weekend I was at a famous guru's ashram listening to a two-day seminar on meditation. Actually, I loved it. But during the exceedingly well-crafted two-day experience, I could almost see a small white feather in my mind. In the upper-right corner of my interior gaze, I could see this small token, which I took as a subtle, gentle warning. Of what, I didn't know.
I meditated on what that could mean. Slowly, it dawned on me. A particular business enterprise I had been contemplating and seemed very attractive had some major drawbacks that I was considering overlooking for the sake of the deal and the compensation. My gut said to hold back, do nothing. I did, and it fell through--much to my relief.
Your own experience will be different. But I can tell you. Trust your gut. Trust your gut. Trust your gut!!!!!!!!!!!!!!!!!!!!!!!!!!!!
As an aside, there are as many brain cells in your digestive track as there are in your spinal cord (which is to say, many). So 'trust your gut' may not be as metaphorical as we may think.
Just something to meditate on. Good luck and good hunting!!!!
Monday
You Are Already There--You Just Don't Know it Yet
Executive Summary: I'm on the move. Look for me at a theatre near you. Soonish.
Long version:
I've been having TONS of fun by presenting my seven-part lecture series on professional development to folks at a special program set up between the City of San Francisco and the local Goodwill.
We have an ever-growing group of individuals who are interested to hear all about growing professionally 'from the ground up.' It is so motivating and encouraging to hear their stories and their new-found motivation.
Looks like we're going to be having a chance to record the sessions in a two-day weekend format and even invite the paying public for the chance to hear about how folks can revolutionize their job-search and their professional networks, and themselves as professionals to boot. That professional production may be soon finding its way across this great country and, what the heck, the world. Watch this space!
The secret revealed in today's lecture: You are ALREADY "all that and a bag of chips." The idea is to do the work to let our exo-skeleton of denial, fear and trepidation melt away, or at least open a crack.
Get yourself out there and make it happen!
On the other hand, you also need your posse. Get a coach (consider your humble servant for that). Get someone in your industry that can give you pointers. Bottom line: we are 'sharks' in the professional sense: we have to keep moving, growing, eating, adding skills, experiences and colleagues. If we try to stop, we start atrophying. And that can get serious.
No need! You already have what it take to succeed! Now just get the right folks around you to help you let that light shine.
Go for it!
Tuesday
Not your usual blog post: But Let's be Colleagues Anyway
I've been told that no one wants to read a blog about ideas, philosophy, art, culture: you know, boring stuff that "doesn't make money."
We'll see about that. In my view what we need more of if folks who are busy thinking about their respective industries--and their respective lives, cultures, countries, political parties and favorite novels---and start putting it all together. What do you say? Shall we start a dialog about life, zen, business and sales all at once? I think so.
I can tell you this: And I've said it elsewhere in this blog: You need to start thinking about the 'colleague' paradigm. Every person who meet in a business context or any superficial social context is a potential colleague. What is a colleague? It's someone who talk to about business; someone who exchange interesting and pertinent articles with; it's someone who swap leads with; it's someone who eventually wind up doing business with.
But keep the crazy stuff to yourself--or your 'secret' blog.
Bottom line: you need like, oh, 500 'colleagues'---folks you can call, remember their kids names, remember their company's last merger (it's all written down in your notes, dammit!) and think about ways to help each other out. It's an economy of give and take. Not take. That's over.
It's especially over right now: "jobs" are not only scarce, they're almost a thing of the past. The concept of "contract" work, "project" work, "consultancy" is king. It's more than that, it's king, queen, jack and 10 of spades. Get affiliated with a quality agency, and start getting work and experience in a safe, legal and gratifying way (might I suggest my own business here?).
Let's face it---everything, everything, everything is up to you---so start GETTING relationships started. Oh. Did I mention this is time-consuming! That's right. Hours. Hours you didn't know you have. Surprise! You just found them. I did!
Write your experiences below. I'm interested to hear what you think?
(The photo above? A 'great wealth talisman'--slap it on your own site!)
Big-Law Refugee Advice
I'm providing several lists of opportunities for attorneys who no longer have their 2008 platforms. Scroll down if you are in a hurry. This installment is for the big-law types that want to stay there (or return). Options for other categories follow in upcoming posts. The below is largely from the associate perspective, with some info for partners as well.Introductory remarks: Decide. Now!
Since I have last posted, roughly 10% of 'big-law' attorneys lost their positions. Probably more than that. Most of those individuals have already begun in earnest their job search. Most have been told by recruiters that there is nothing that can be done (by them).
Thus, there is a high degree of networking going on, many, many calls being made to contract agencies, many favors being called in, many 'just wanted to re-establish our friendship' coffees. These are all good, of course. A few have hung out their shingles. Some are collaborating in loose associations that they don't call firms. Some have fled the industry. Truly our profession has had more than its fair share of pogroms.
Now what? I don't need to tell you that it is 'gut-check' time. Either you are committed to this industry or you are not. If you aren't in it for the long haul, take a contract position (if you can find one) and look for the exit strategy. Write that novel (I've heard it can be done in two months, by the way), start that business, take a non-legal management positions, etc. If you are committed, it is time to look at alternate strategies.
Strategies:
I've outlined below strategies based on a few broad-brush goals. For purposes of this post, I'm focusing on big-law candidates. I'll focus on other tracks in posts to follow (shortly). Here goes:
Don't kid yourself, you have fewer options. Anyone who tells you otherwise is wrong. No exceptions.
a) Network like mad: Call every friend you know; review the website for all of the AmLaw 200 for all openings; apply for them. If you are not on LinkedIn, are not reading "Above-the-Law", etc., etc., you need a brain transplant (sorry). Get with it. To use the vulgar language of "The Little Red Book of Sales"--if you do not have at least 200 LinkedIn partners, 'you suck.' Fix that straight-away.
b) You may not take a contract position. There MIGHT, POSSIBLY be some loosening of this rule (which before this year (2009) has always been IRON CLAD (contrary to popular belief). However, if I were a betting man, I'd wager rather not. It had better not be document review--it had better be through Axiom or something (fie on them, by the way) or an ad hoc temporary relationship doing what you were doing at the law firm. If you DO take such a position, make sure it is ONLY ONE, and not a serial thing. You may be able to call this hanging out your own shingle, but that's problematic too (see below).
c) You MAY take a non-legal management position (as long as it is high up enough or with a high-tech-sounding company, especially if in the industry that your future firm wants to court--even if that company might not be a potential client). For instance, you may take a position with your cousin's software company (especially if in Silicon Valley or Atlanta, for example)--better if the company makes money, made headlines, etc. In such a case, your particular position is not AS important (although better if you were GC as well as whatever other hat you might wear). But working as even a high-level non-legal manager at, let's say, WalMart is a non-starter.
d) You MAY take a sabbatical. Doing nothing is actually better than taking a non-big-law position or a non-legal position. Really. Write a book or something. Of course, if you can afford to do that, you might not have read down this far in this article.
e) You MAY take a (paying or non-paying) non-profit position. Permissible. Could be interesting. Try to ensure you are doing what you want to be doing subject-matter wise.
f) Please do not change subject-matter expertise. Makes for a very messy resume.
g) You may, of course, change markets (LA to NY to Dubai, etc.).
h) You may, possibly, get away with hanging out your own shingle, but I don't advise it. Law firm prejudice against this practice is exceedingly high--UNLESS your client list includes names like APPLE, WALMART, BERKSHIRE HATHAWAY; you know, that sort of client. Further, if you have very WEALTHY and SUCCESSFUL high-tech clients; also fine, of course. You'll be expected to bring them with you.
i) If you are a partner: you can go anywhere you like as long as your billing rates don't dip (too much) and you keep your clients. Watch those rates; you'll be in a fix if you've jumped your law-firm ship to save your clients and reduced your rates too much. How much is too much? That's for another article. And, really, too ad hoc to comment upon fairly (go ask www.AdamSmithEsq.com!!!).
Final Injunction:
You WILL NOT be able to simply "sanitize" your resume when this all 'blows over': so the best rule of thumb is to think "would I hire myself with this resume?" AND "everything I've ever done since going to law school MUST be on my resume."
If you have questions or comments, by all means let me know. I've been wrong. Once or twice.
Happy hunting. And believe me: this is war, make no mistake. That gives me an idea for another post . . . .
return to today's post
Monday
No More Waiting.
I've been waiting since November 16th for something to say (date of my last post). That is, something that hasn't already been said 100 times by 100 media outlets. That's because no one has any idea what is going on in the economy. No one knows whether the promise of a crush of new litigation work will materialize. No one knows whether the whole game is going to come crashing down around our collective ears. It has not been easy to make revenue forecasts for 2009, I can tell you!The only thing that perhaps should be said is that there is no reason to believe that there is going to be any 'closure' or 'resolution' to the current economic crisis anytime soon. We may muddle along for months in this twilit gray-zone of uncertainty. We may have further gut-punches to our GDP and maybe even some kidney-kicks to our productivity. Regardless, we can't collectively hold our breathe. We have to accept the new uncertainty. In a way, the economic meltdown of 2008 shattered the paradigm of our faith in unending prosperity in a way similar to the crash that 9/11 brought to our paradigm of invulnerability to terrorist or other outside threats to the Nation. We're left with fewer economic and political illusions.
Just another way in which we Americans (and/or all those in all continents living the economic dream) share something in solidarity with those in the 'emerging' world.
Thus, we have no choice but to gird our loins and get to work--even if 'get to work' means 'work at finding work.' We have been graphically reminded that there are no guarantees in life; a lesson all of us could stood to have learned without the object-lesson of the mortgage crisis-turned-global economic meltdown. But there you go.
So, there really is nothing new to say. We have to grin and bear it. Nevertheless, marketing, salesmanship, leadership, professionalism, and skill all still go at a premium. The majority of the competition doesn't exemplify these traits. Since there's much less fluff-room for mediocrity these days, there are still opportunities everywhere. We just have to have faith in ourselves.
Sunday
Buckle Your Seatbelts: The Law Practice of 2030
I'll spare you my usual 'rant' of the day (namely: why you ABSOLUTELY should be on 'linkedin' and exploit that amazingly versatile and powerful tool). Suffice it to say I found an interesting discussion there which I'll respond to further here.The question is where the legal industry will be in 2030. An intriguing question. Some enterprising professionals are happy to share their thoughts with you for a mere $1,000. Check out the free version here. These folks at "Legal Transformation" won't share their advice for how to cope with the changing world for free, but they're happy to give you their doomsday analysis gratis. They see four possible scenarios ahead:
a) "Blue-chip Mega Mania" (which sounds a whole lot like what we have right now--or had before September 2008;
b) "Expertopia" (basically, the 'boutique-ification' of law practice);
c) "Techno-law" (vague--but some sort of (pseudo)-utopian, vast shrinking of the practice of law based on mutual global cooperation in regulation--yeah, I know); and
d) "E-marketplace" (again, vague--but something to do with commoditization of legal work).
Here are my thoughts--and I'd appreciate Bruce McEwen's input on this--we'll see if he responds on Adam Smith, Esq.
There are several countervailing trends that will serve to affect different firms differently.
1) Corporate clients will continue to require higher and higher degrees of specialization better served by smaller firms. That and various economic pressures are serving to break up a number of larger firms.
2) Yet, because corporate clients are increasingly global in scope and outlook, they require the efficiencies that can only be gained by a smaller number of vendors, hence fewer law firms that can do more: i.e., larger firms.
3) At the same time, innovators will continue to provide human and electronic technologies that will permit greater ease in managing disparate vendors globally.
4) Thus, I predict, as the summary alludes to, a bigger gap between successful global firms and 'the rest' and an increased array of boutique and "mega-boutique" firms (I believe I'll take first credit for that neologism) globally to meet meets.
5) As the next wave of globalization continues, more and more firms will be rocked by the various volatilities in the market.
6) Regardless, in a real way, many of the four scenarios will occur simultaneously. Global cooperation will continue with many international organizations providing greater similarities between legal practices in more and more jurisdictions. Yet, the power of developing nations vis a vis the Big-20-nations will ensure that doing business globally will be simultaneously necessary (as profit margins will be driven ever lower and thus scope of sales will need to be greater) and more difficult. Hence, as one of their experts predicts, demands for legal services will indeed outstrip growth of Gross Global Product.
7) Given the confluence of increased technological innovation and the desire to find common ground in the wake of global financial worries, many conflicts will be suppressed. But, yet again, the respective domestic concerns of the several nations will mean the continued high need for legal services around the world.
8) Anyway, in 2030 I see: a) over 100 firms of truly global scope and of general service and of 3000 attorneys or more; b) approximately 500 firms of global scope of two types--'mega-boutiques' serving a single subject matter area across national and regional boundaries (each of at least 500 members); c) the consolidation, however, and outright dissolution of many so-called US national firms, which are really only trans-regional firms with high hopes. These firms will experience large net losses; d) We'll also see the proliferation of super-star solo- and micro-firms that provide transformational leadership.
9) Implicit in the above is a large move of attorneys away from smaller practices to large. This wlil be made possible by the decimation of the ranks of merely national firms.
10) Bottom line: Lawyers will continue to experience low unemployment, but the individual attorney must do everything she or he can do to increase her/his own level of expertise, perspective and network to remain in the profession. The bar continues to be raised. Of course, that's entire entire separate post.
Not coincidentally, that's what this entire blog is dedicated to. Raising the bar.
Friday
Stay the Course
Things are not so different as they seem. What is right, what is prudent, what is good business and networking sense are all still true. And will remain so.It has been difficult the past couple of weeks to write anything on a blog such as this which is really all about commentary on the practice and management of law practice. Maybe it's because I read about 75 different news sources on a given day, but it is all sounding more the same than it even usually does.
Yes, we all hear every day that:
- no one knows whether the lay-offs we are seeing are simply 'normal' adjustment given the economic volatility;
- no one knows whether the recent large law firm collapses of Thelen and Heller are indicative of future failures, or whether they were weak firms that otherwise would have withstood the recent market gyrations.
- no one knows whether the entire business and/or legal community is still falling off a cliff and if so whether we'll bounce or crash./li>
- one one knows if, alternatively, we'll pull a rabbit out of a hat and avert serious repercussions (unemployment in double-digits, major negative growth, serious deflation).
It's definitely time to get beyond mental hand-wringing.
It is tempting to wonder if everything we do in terms of marketing and selling our practices is now obsolete.
I am reminded of a scene out of Tolkien. In the dead center of his sprawling trilogy, Tolkien places a loyal warrior of conservative outlook (small "c") and juxtaposes him with: 1) an imminent war with a large and agressive neighboring state (Saruman); 2) real instability in the home political front (Theoden supplanted by Wormtongue); and 3) the 'chance' meeting of a political upstart (Aragorn), a representative of an enemy race (Gimli the dwar), and a vaguely untrustworthy representative of an exotic and dangerous land (Legolas the elf of Mirkwood). Eomer rights asks Aragorn: "what shall a man judge as right in these strange days?"
Aragorn answers: "as he ever did." Right, in "Middle Earth" did not change. Well, right does not change for us either in our early 21st Century, at least as it applies to growing our practices and our respective networks and our outreach.
We must continue to reach out to known contacts, seek profitable introductions through trusted colleagues, and keep on building, improving and expanding our print and internet 'footprints.'
Let's all get back out there. For those of us who haven't yet faltered but are unsure, be confident. Even if there are set-backs, the basic human needs that drive our economy will continue to make the demand for our services, no matter what our place in the legal market, strong.
For some step-by-step reminders on how to build your network, click here.
Stay on course!
Tuesday
Narcissism 2.0: 'Homework' for My Candidates; 'Homework' for Life
In a quiet pool near a silent grove, Narcissus fell in love with a reflection of his youthful face, and died. Not a complicated plot. Curiously, while short, this story is recounted numerous times in Greek mythology, and in a variety of interesting forms. Obviously, the myth must have communicated something important in Greek culture. With the proper understanding, it can provide vital information to us in our time as well. My hypothesis is that this illusive character from Greek mythology presents us with a profound mystery and potentially an important insight into the human psyche. Understanding the deeper message presented by Narcissus' challenges, and failure, can have a direct impact upon our understanding of ourselves, and upon our productivity and career satisfaction-ultimately, perhaps more than that.Introduction
At the most basic level, this article is specifically designed for my candidates to give them a framework (and comprehensive list) of information that I as your recruiter need to represent you. The story as told by the Greeks and many of their apologists, is of a young man who was unable to see himself for who he really was, and by means of this, was unable to relate to others. He was thus destined to be consumed with a superficial understanding of his own worth (valuing only his reflection and not his own true self) and therefore foreclosed from success in relationships or life.
This understanding of the unexamined or faultily-examined life also characterizes the modern understanding of clinical narcissism. What I propose for anyone seeking to reach higher levels of productivity and fulfillment from their profession, is that they combine what to some may seem a 'narcissistic' attention on one's self, but in order to avoid the pitfalls of the true meaning of the word. In short, I propose a way through the contradiction between the popular meaning of the word on the one hand, and the classical and clinic definitions on the other. Thus, the challenge that I lay before my candidates is: that they find a greater and more accurate understanding of their owns strengths and weaknesses through a thorough examination and profound attention on themselves, in order to escape from the pitfalls of a failure of self-knowledge (which is often a false esteem, called narcissism), and thereby access and hone their strengths and abilities for greater professional productivity.
How To Read This Article
This piece, while long, is NOT intended to 'scare you away' or overwhelm you. Rather, it is designed to give you ideas and serve as a starting point for conveying what you believe is of note in your career path. There is no need to provide answers to all of the below questions, nor to do it in any particular form or order, or to follow any particular format at all. Rather, please view the below as merely a brain-storming experience to get your creative juices flowing.
Further, feel free to skip around. You may want to read only the overview below, and perhaps the conclusion, or perhaps get ideas for only one aspect of the project you are having difficulty with. The danger in giving anyone 'guidelines' for a creative experience is that it will rather stifle creativity. Don't let that happen to you!
If you find this explanation restrictive, or, if you have a very defined, and limited set of information that you feel best describes you, great! There are a number of ways to get to our common goal, which is: to present as much information about you as a professional and a person to give a potential hiring partner a sufficiently detailed understanding of what you can bring to his or her organization.
Confidential Nature of the Information
From my candidates, I am asking for a free-form, stream-of-consciousness email, written confidentially to me, with the purpose being to communicate as much about your experience as a professional (and student, businessperson, etc.) as possible-the good, the bad, the ugly, but most especially the wonderful, unique, inspiring, shamelessly name-dropping, and personal. As we will have already discussed in person or by telephone, the information will stay between us-no one else sees it (no staff person and no database entry person-neither will it be saved on any system accessible by others). Further, as it has always been and remains my policy for all candidates to sign off on the text of all cover letters, there should be no concern that any particular revelation will find its way into a cover letter without your knowledge and consent.
The Overall Gist
The point of the exercise is for the candidate to divulge as much as possible of the information and detail that they would eventually like me to be able to mine for a compelling cover letter. On the most banal level, I need great one-liners for the text of that letter! On a higher level, I need to have a critical mass of information about your professional and academic (and other) experiences to get a sufficiently intuitive sense of what you bring to the table so that I can develop themes that will form as the superstructure for that letter. Further still, I need to know who my candidate is to a sufficient degree to know how to answer those little "pertinent questions" that law firm recruiting coordinators tend to ask-and to answer them in a way that is accurate, compelling and presents you in the best possible light. My goal is for the candidate to take the project wherever it goes-it is not necessary to use the document as an outline. Every candidate has unique experiences and attitudes toward life, their career, the law-everything. Thus, each time the process is engaged in, there is a different result-which is entirely the point.
Nevertheless, there is a wide range of information that is suitable subject-matter area. In order to prime the pump of your imagination, I provide the below outline of possible avenues to take. I have hesitated long before putting these suggestions in writing, as I certainly do not intend this exercise to descend to a "deposition by interrogatory." Rather, these are provided only as placemarkers in the process. With that important caveat, please refer to the below list of topics when beginning the process:
Your current practice:
Try to give me a narrative that explains the arc of your career. How and why did you begin in your first practice group and how and why did that evolve (it may have been chance, it may have been by design). Importantly, what is your current practice, what do you like about it, and what do you want to do in the next phase of your career? The following are provided by way of illustration:
Provide a laundry list of each component part of the process that you have actually engaged in with respect to your core specialty. When people hear that you are a "corporate" lawyer, for example, they want to know specifically what parts of that global set of practices you have experience with, and what tasks you have actually performed within that.
---Describe the types of industries that your clients are in.
---Begin at the beginning: list each subject-matter area that you have practiced in throughout your career.
---If your career is sufficiently lengthy (5 years and up) you may have some meta-analysis to provide. By that I mean that you likely have a broader understanding of how all the component work you have completed fits into the arc of a particular business process. If so, tell me about it.
---Talk about the parts of your practice that you like and those that you don't. Further, tell me about the parts that you have excelled at and those you haven't (it will be interesting to see the slippage between those two sets of criteria). Your Academic Career
I am interested in understanding not only all about your law school career, but also about your other graduate experiences as well as your undergraduate career. If your secondary education was overseas or otherwise remarkable, it too may be worth discussing. Try to use the following as a guide for the detail to provide:
---Discuss why you picked the institution (banal, Machiavellian and climatic reasons are all valid!). Disclose your grade-point-average and your class standing. If you took a particular interest in one topic, discuss what it is, why it was interesting, any particular recognition you garnered from that interest, etc.
---Make sure to list every single award, extra-curricular activity, and all organizations in which you had any sort of leadership role (academic, professional, pro-bono, civic, service, community, fraternal, etc.).
---Discuss any personal triumphs you enjoyed or challenges you overcame.
---Discuss any particularly important influences (professors, other mentors, formative events going on in society during your educational experience, etc.), how they influenced you, and how they impact your current approach to your career.
Your Transitions.
It is exceedingly important to handle properly the issue of a candidate's transition from one work experience to another. Further, no matter what degree of success you perceive that you have in your career, please understand that your understanding of what a law firm may perceive as a "good" or "bad" reason for moving is probably other than your immediate reaction. Thus, it is good to trust your recruiter on this point-they deal with this issue literally every day and are generally free from any particular bias-they simply know what the current trends are and can help advise you in managing this particular issue. That being said, the recruiter cannot help you if you do not actually disclose all of the reasons you left or are intending to leave your current position and why you think another position will be better. Therefore, as the candidate generally is not in the relatively knowledgeable position regarding 'good' and 'bad' reasons, it is best to think long and hard about what they are and then disclose them to your recruiter for advice.
There are two types of transitions to consider-the immediate change between your current (or immediately preceding employment) to the next (with respect to which you are asking your recruiter to assist you).
The Current Job Change:
As stated, rational thinking and full disclosure to your recruiter are key. To that end, it may be beneficial to consider the following issues that often come up in any particular transition:
---unfulfilled in the current position due to corporate culture;
---unfulfilled in the current position due to lack of appropriate type, caliber or volume of work;
---unhappy because of a particular co-worker or set of co-workers in the current organization;
---personal, non-work-related need to change geographical markets;
---personal judgment about the viability of advancement in the current position;
---personal judgment about the continued vitality of the current firm;
---personal judgment about the future direction of the current firm;
---professional decision that a different (more prestigious, larger, smaller, more focused, more generalized, etc.) firm is better in terms of your overall professional plan;
---perception that you have enemies at your current firm;
---perception that you have burned bridges and/or otherwise made yourself unable to advance in the current firm.
In addition to the above issues, it is important to think about what questions may be raised by large changes in direction in your career-past or present.
Past or Present Changes in Direction
It is important to think about the reasons you have left a particular position, as stated. Moreover, it is important to explain to your recruiter any sea-change in your overall career direction. For example, if your prior experience was heavily weighted in one practice group, and you are looking to change subject-matter areas, or, rather, if you are seeking to move from government work to the private sector, your recruiter needs to understand this. Further, any such change in your past career must be similarly explained. For example, I once had a candidate that had a JD, two LLMs and a JSD; the burning question in my mind, and in everyone else's, was why this candidate now wanted to move from academia into private practice. The point is, moving from one sector of a market (from government service or academe to private practice or from an overseas practice to the US or from one region to another) raises a question in the mind of the potential employer-and you must answer the question on your own terms rather than leave the employer to guess. To be sure, such changes do not go unnoticed.
Positive Feedback.
It is certainly true that firms are interested in hearing positive feedback that you may have received in the past-the more specific the better. While firms often ask for references at or near the time of making an offer, they certainly would benefit from hearing about past praise that you have received to assist them in evaluating whether they want to get that far. The key is to be specific: what sort of skills have you demonstrated, what positive outcome was the result, what was the context of those skills (whom did they benefit), etc. Consider the following:
---Review any and all prior written evaluations. Provide a sampling of specific positive feedback. Try to avoid banalities. Solid observations are what are needed. For example: "seems to have great rapport with clients", "is able to hone in immediately on the core issues", "judgment is trusted in the firm" are all positive. Conversely, banalities such as "fitting in well" or "doing a great job" do not communicate anything helpful.
---Think back to positive statements made by colleagues, clients, partners, co-workers, professors and the like. Provide quotes or near quotations if possible.
---Be free to name names, or at least to identify the rank or position of those that have had an influence in your professional career, or have given you positive feedback. It is helpful to know that you relate to clients, but better to know that the CEO of Chevron thinks so if that is the case. Likewise, it is certainly positive that you participated in symposia and gave lectures that were well-received by the attendants, and better to know that the attendants included senior trade officials, diplomats of several industrialized nations and an ambassador or two.
---On the topic of 'naming names', please be as thorough as possible with respect to the names of friends that you may have potential target firms. We can use those names (if you believe it appropriate under the particular circumstances) to use those names as internal references to follow on any submission.
---Remember, one of great advantages to working with a recruiter is that he or she can sing your praises (effectively and appropriate to be sure) but nonetheless sing them. To do that, your recruiter needs the raw materials to draw upon. Our opinion (while valued!) will not get you an interview-the candidate must demonstrate that he or she is respected in their current and/or former milieu.
Conclusions
The process of a legal search can be a mere blip on your professional radar, a minor catastrophe, or, conversely, the beginning of something new, wonderful, and even life-changing. It all depends on how much of the real, down-and-dirty thinking that you are willing to put in to the process. When it comes down to it, we must be willing to face ourselves, and do so on a far deeper level than Narcissus did. He saw only his face, the mask that he presented to the world. As passionate professionals, however, we are challenged to look still deeper, into all the wonder and majesty behind our façade, and even behind our conscious thoughts. To the extent we can gather the full quantum of data about our preferences, temperaments, experiences, skills and limitations, and apply thoughtful analysis to the same, we can become far more successful than ever imagined. Please enjoy the process, but engage in it nonetheless!
Monday
In-House Counsel Withholding, and to Withhold, More Work from their Law Firms
If you've been around as long as I have, you've seen this headline and the cycle it refers to, at least a half-dozen times. Click here for a concise summary from the AmLaw Daily. Yet, this time around, the move toward keeping more work in-house will be (more or less) permanent. That's because the current trend is not the usual economic see-saw that corporate management usually indulges in. Rather, it's a function of the in-house bar increasing its relative strenght within corporate management, as well as its collective sophistication as a distinct legal perspective.So, the real questions are: a) what work is staying in-house; and b) what can firms do about it to maximize profits.
First, the kind of work that is staying in-house is not high-level analysis, but rather more high-volume (repeatable) work. Notably, they are keeping inside the lower-level document review work as it pertains to litigation, due diligence and compliance. That work can easily be monitored in-house. Frankly, folks like me (director of a contract attorney agency) are increasing convincing in-house counsel that several types of work can be done far more economically (and frankly BETTER) by a contract legal force, than by their white-shoe law firms.
Second, law firms can capture some of that work by utilizing contract agencies themselves. That way they: 1) keep more control over more of the work; 2) still get to save their clients money without sacrificing their partners' A-rates; and 3) get to minimize their own overhead and expand their own reach by being able to take on larger projects than every before--without committing to great numbers of associates.
All you need now is a reputable, professional agency that actually screens its folks and takes an aggressive role in making projects actually work smoothly.
Friday
Social Entropy: Heller, Law Firm Collapse and the Second Law of Thermodynamics
You can't fight the facts. Even though death and taxes seem pretty darn unavoidable, they are less so than the 1st and 2d law of thermodynamics. Let's get it straight: 1) The energy of the universe remains constant; 2) entropy in any system increases over time. That means any closed or open system over time will tend to slow down, run down, get cooler, fall apart, unless energy outside the system is applied.I was inspired by Paul Lippe's article (AmLaw Daily) about Heller's downfall. He predicts further firms to fall, but not more than is 'normal.' I'm not quite sure what a 'normal' rate of law firm failure means, other than this: in a go-go economy, almost every type of organization thrives. In a moderate-growth, flat-growth or negative-growth scenario, firms of a weaker organizational structure will fall apart. This is normal, healthy, and--in the macro sense--unavoidable.
In scientific terms, "social entropy" reigns. Unless outside fuel is applied to a particular system (organization like a law firm or even an entire economy), the system will begin naturally to fail. In one iteration of the theory, increased dissatisfaction means increased entropy (failure). This has been applied as broadly as to assert that as soon as fossil fuels became relatively scarce, the social structures of the US would begin to fall apart (the "Peak Oil" debate).
I don't know about that, but I do hypothesize that in order for firms to keep their assets coming "back up the elevator" every morning, they are going to have to expend more energy. If we postulate that law firms are a "closed system", that means the energy has to come from outside the system. As there is little economic impetus, there is little energy coming naturally to firms. Thus, firms have to increase the total energy pressure on their organizations by increasing the amount of energy expended by each individual member of the firm. Further, they'll have to think of ways to invite outside energy in.
Some concrete suggestions:
1) Law firm leaders need to think about bringing in professional management. I know, many firms are already on that bandwagon (or at least pay it lip service), but most firms are clipping along with the increasingly outdated 'managing partner' model. Great, energetic lawyers need to be expending their energies down the channels they know best--practicing their craft. They shouldn't be figuring out how to be creative managers and market-reading gurus. That energy can be tapped from outside the 'system' and should be.
2) Law firm leaders obviously need to be snapping up as many stars from the fallen firms as possible. This is obvious, but real attention needs to be paid to that recruiting function--internally and externally, to make an effective bid to capture the stars (and star groups).
3) Firms need to think about their partnership agreements and corporate organization. Some have postulated that Heller's demise was due in part, and perhaps largely, because it was organized as a partnership consisting of professional corporations. In order to avoid double taxation, it needed to empty the coffers every year by year's end. In short: they were even more undercapitalized than their competing US firms. Instead, law firms need to think about ways to increase their capitalization while still attracting talent. The only way to attract energy like that will be to apply even greater 'work' (in physics terms) to the organization. Bottom line: The "good ole' days of yore" when law firms were partnerships in spirit as well as on paper worked because of social norms, yes, but also because agreements incentivized loyalty to the group. We've got to get creative to recreate that in this age of "free-agentry".
4) Law firm leaders need to increase the energy they apply to the law firm as a social organization. The firm is like a factory only on paper. In reality, it stays together only because: the individual profit centers are incentivized to stay and because there is a social dynamic that reinforces those incentives.
Scientists point out that lower temperatures will not naturally flow to higher temperatures without work being applied (think of your refrigerator--it only works because energy is being applied to its compressor, etc.). Thus, if law firms are going to attract talent, they are going to have to work even smarter.
Because law firms are complex organisms in a complex society, large amounts of energy must be constantly applied. Another analogy: law firms are alot more like helicopters (scrambling to say in place) than airplanes (application of a single source of power in a single direction). That means we've all got to be alot more flexible--something lawyers are temperamentally not inclined to do.
Bottom line: if you are unwilling or unable to being to apply yourself in new ways, your chances of flitting from firm to firm (with successively decreasing results) increase.
Tuesday
First Things First: Build Your Legal Career from the Inside Out
"Get a better recruiter." "Get a better 'job.'" "Go in-house." "Take anything." "Take only 'the best.'" If you are an attorney in transition or contemplating a career move, these little commands, and many more just like them, are likely running through your mind. Incessantly. Therein lies the rub: how to sort out the wheat from the chaff, how to unearth your (real!) personal goals, how to create and execute a successful plan.
There is a well-traveled quote often attributed (incorrectly) to Nelson Mandela, but actually written by New Age author Marianne Williamson. You must have heard it. It begins, "Our greatest fear is not that we are inadequate, but that we are powerful beyond measure," and continues, "Who am I to be brilliant, gorgeous, handsome, talented and fabulous? Actually, who are you not to be?" If the sentiment behind these words is true-and I believe that it is-then how do we get some of that "inner wonderfulness" out in the open and actually doing some good-and how about right now?!
Well, first things first. In order to begin realizing our innate talents, each of us needs a guiding force, an organizing principle, a motivating vision. Why? The simple fact is that our minds are made to rationalize, to analyze, to make conclusions-24/7, 365 days a year. However, if we don't rein in that process, give it structure, and find a way to prioritize our thoughts, we will make hasty, conflicting, or worse, self-defeating decisions. How can we do this?
Indulge me in an analogy. How does a general on the field make tactical decisions in the face of incomplete or, more likely these days, overwhelming amounts of information about the enemy and about the enemy's strengths? He does so by knowing the strengths and weakness of his own troops. He knows when they last ate-and whether they liked the food. He knows how far he can push them-and how to do it. He knows how to motivate them. He understands the internecine struggles within his command structure. He knows who the up-and-comers are, and he knows which of his lieutenants is lazy or burned out. In summary, he has a thoroughgoing knowledge and interest in his and his army's capabilities, goals, and limitations. Thus, knowing his enemy and his mission is not enough; he has to know what raw materials he can work with to achieve his mission. Only if he can put all of the foregoing knowledge together in a coherent framework can he then formulate and execute a winning strategy.
Your career search is much like waging a military operation and requires the same level of attention to your capabilities, desires, motivations, and limitations. In short, it is not enough to "know the market." In addition, you must follow the injunction: Know thyself!
Let's stop right there. I am willing to wager that many of you may be thinking you don't have time for frivolous psychobabble. Instead, you may think that you simply need to get on the stick, get out there, and land that job. In a way, you would be right. You do not have any time to waste. I would draw a different conclusion, however: You do not have time to waste taking action without first getting to know yourself. Life is short; spend your time wisely.
Okay, if you have followed me this far, go with me a little further. Here is what you really need to know before you can put pen to paper and write up your career-transition plan (and you are going to write one!). First, you need to spend some time thinking about your last career experience. What did you learn? What did you really do? How well did you do it? How did you work together with the others on your team? What skills did you wish you had developed? In short, you need to give yourself a comprehensive career review, and you need to be brutally honest. By the way, "brutally honest" does not mean "knee-jerk negative"; neither does it mean "wearing rose-colored glasses." Take the middle road. Try to be objective, and try to think about what you did, rather than how you feel about it. There is a difference.
Second, take the time to free associate, and then write down what you really want out of your career. What is your motivating fantasy about yourself? Do you see yourself making X per year; living in a certain place; or having a certain circle of friends, a certain type of practice, or a particular environment for your work? You need to identify these.
Third, take stock. Ask yourself what it is about these visions of yourself that attracts you. What do they say about how you prefer to work and what kind of work you like to do? Further, what does all of this information tell you about your already-stated career goals? Are they in alignment? If they are, that's great. You may likely find, however, that you have learned something important about yourself and about why you were not as successful as you wanted to be or what kind of success you are looking for in the future. Or both. Regardless, the deeper you can drill down, the better off you will be, and the more accurate and profound your conclusions will be.
When you can answer all of the above, you will be on the fast track to putting it all together. Coming to the point where you know what you want and why you want it will take all of the fear and mystery out of the "how" question. Why? Because you are a lawyer, dammit! You know how to analyze and how to problem-solve. You just may not have known how to place that problem-solving ability in the correct context. Once you have gained a deeper level of self-knowledge, that will the time to let the amazing power of your mind run free; that 24/7 machine will be able to start doing something besides spinning. Instead, it can begin to weave a dream, a plan, a vision for a great new future. Frankly, lawyers are not known for their introspection and self-awareness. Be the exception. And succeed.
"Making Partner," or Things To Do While Waiting for the Dream Job and the Dream Practice!
As I sit before my computer monitor writing this short article, the window for my document is minimized so as to maximize my view of my desktop background—a view of our beloved, blue planet from two hundred miles above its surface. The stunning vista of creamy, white-blue clouds and indigo sea against a black, starless sky reminds me of the amazing richness of opportunities constantly before us…and of our regrettable inability to take advantage of all of them. Fortunately, leading full and joyful lives does not require that we take advantage of all opportunities but, rather, that we carefully choose the precious few possibilities that we can and will pursue. What a difference it will make in your law career if you seize those few opportunities and take full advantage of the doors they open!No Such Thing as "Making Partner"
Candidates ask me all the time, "Which firms are making partners now?" I always respond, "None of them!" The dead silence is usually followed by nervous laughter. "No, really," candidates say. "I know it seems like that, but where are associates really making partners?"
At this juncture, I usually let them in on a little secret: things have changed in the practice of law since the 1950s. Here's the bottom line: there are no more firms where associates simply "make partner." Instead, associates grow up, get clients, create practices, and only then are awarded partnership status.
What this means is that attorneys must know how to create thriving practices while maintaining heavy workloads, and most firms cannot or will not expend resources to teach lawyers how to do this. They are on their own. Well, almost.
Here are some pointers that will help you develop the personal and professional clout you will need to build your own book of business.
Start Building Partner Skills Now
Associates who are ultimately invited to join their firms' partnerships are not created equally, yet there are several "types" of attorneys who possess skills that increase their likelihood of making partner. I once sat in on a lecture given by the chairman of a prominent law firm, in which he discussed three types of partnership-bound associates.
First, there is the "rainmaker" who spends all (or most) of his or her time networking, having lunches, meeting people, and bringing in business. Second, the "service partner" adds value to a firm by providing niche expertise in a specialized area of the law, thus meeting the needs of sophisticated clients in ways that a partner with general legal skills cannot. Finally, the "hybrid" brings good leadership skills, strong connections to the firm and within the local community, and the ability to supervise projects and associates with aplomb.
While I respect these distinctions, I see things a little more simply. The only kind of person who can make and remain a partner is a person who has developed and continues to nurture a large, quality network of friends, colleagues, experts, and clients with whom he or she is involved on a professional level. This means that a potential partner must be able to call upon the people within his or her network to meet the needs of existing clients, to refer and generate new clients, and to keep abreast of developments in his or her industry.
No matter what level of practice you may now enjoy, the levels of ability and interest you exhibit in maintaining such a network may well mean the difference between professional and remunerative success or failure.
The Core Competency of a Partner
The ability to develop successful professional relationships is one of the core competencies of a partner. Almost anyone can practice law, but only a few develop law practices. I always try to emphasize to younger lawyers that it is never too early to start the process of building a network of strong relationships. The fundamental difference between a partner and any other lawyer is leadership ability. Partners lead. That means that partners assume responsibilities, delegate tasks, and are accountable for meeting the needs of their clients. These leadership traits are not innate; they must be learned, and to be learned, they must be practiced.
The only way to become a leader is to practice leadership in a thousand small ways. Sets of small acts tend to grow, of their own accord, into larger sets of responsibilities that eventually can develop into leadership over an entire case, with a large client, or in a 3,000-member law firm.
Furthermore, leadership does not begin with a "lucky break," such as when, for instance, the senior associate on a matter calls in sick and you are named the lead attorney…or when the lead partner suddenly realizes that you are brilliant…or even if a client suddenly prefers that you take the reins. Rather, leadership begins with relationship management. In essence, every legal task can be broken down into a series of relationships that need managing. For example, an attorney must exhibit leadership in order to assign the appropriate people within a law firm to answer interrogatories, to find critical documents, to communicate key information about deals to clients, or to manage support staff and other associates in preparing filings or coordinating nationwide document collections and reviews.
Thus, to build the confidence, credibility, and leadership skills necessary to fulfill these responsibilities, attorneys must begin by cultivating as many meaningful relationships as possible. To do this, they must actually meet people.
Get Out There, Meet People, and Make Friends
Networking is just a fancy way of describing the process of intentionally making friends. Every lawyer in the country should be a member of at least three organizations and should contribute to each of them. It is often the case that the most effective, highest-functioning attorneys are those who are members of scores of organizations that they have joined over the courses of their careers.
For starters, however, any professional—and every lawyer—should join one organization within each of the following genres: professional, service-oriented, and fraternal or social. At the most basic level, every lawyer should be closely involved with some sort of professional organization of lawyers dedicated to furthering the practice of law. This might be a subcommittee within a state bar association, the American Bar Association, the Association of Trial Lawyers of America, or even your local Barristers Club. There is no substitute for meeting and interacting with new lawyers in settings devoted to their respective practices. Successful lawyers have hundreds of colleagues who are essentially professional acquaintances with whom they have developed familiarity. Although meeting people and getting to know colleagues is incredibly easy to do, many lawyers dread it. It doesn't have to be painful. Go out and meet someone new today!
For the Socially Challenged: A Step-by-Step Guide to Creating Your Network
Here is a step-by-step primer for developing a network of professional colleagues that even a partner would envy:
1. Join the "[fill in the blank]" club.
2. Actually go to a meeting.
3. Say, "Hello, how are you?" to five people. Be brave. Try to initiate some small talk. (For example, ask questions such as "Where do you practice?" or "What is your most interesting case right now?")
4. Give a business card to each person you talk to. Ask for a business card from each of them, or write their names and phone numbers down on one of your own cards and hang on to it!
5. Once you get home or back to the office, enter their names in your Outlook folder (or some other location), and set up a reminder to call each person back in one week to follow up and say how much you enjoyed meeting him or her.
6. Actually call each person back.
7. Make it a practice to call each person on your list of contacts once every three months.
8. Follow where this leads you.
There. That wasn't so hard! These are simple but invaluable steps. Every lawyer has some basic social skills, or he or she would not have survived the first year of legal practice. Begin naturally—but begin—and see where these proto-relationships take you. The point is that, just like in sales, there are only so many solid opportunities per "X" number of contacts. The only way to "get lucky" is to make sure that you make lots of attempts to build and maintain your personal network. Not every person is going to become a client, but the greater the number of personal contacts you maintain, the greater the resulting synergy between their accumulated sums of interactions, relationships, and experiences and your own.
Bringing It All Together
Once you have started down the path of generating a network of diverse professionals, you will be surprised at how it starts to take on a life of its own. Telling one colleague about an amusing vignette may lead him or her to do a small favor for you, such as sending over a client as a referral. Over time, that client or that colleague may lead you to significant business opportunities. All the while, you should be continuing to grow these and other relationships.
The key point to remember is that becoming a responsible leader depends on your ability to manage relationships. In every interaction, follow through with whatever you promise to do. If you offer to provide a reference, provide it! If you agree to get the name of someone who can serve as an expert, do it—and promptly! Demonstrating this kind of courtesy builds reputations and relationships—one small, solid step at a time. I absolutely guarantee that if you follow these practices, you will eventually succeed. You don't have to be perfect all the time. You just need to be reasonably careful, reasonably reliable, and reasonably friendly, and you will be ahead of the majority of the pack.
Conclusion
The world is full of opportunities, but we cannot take advantage of them all; we can only capitalize on a few. To the extent that you can internalize this powerful principle, you will find that the world—and, in particular, your own practice—is as full of opportunities as a path strewn with gems. The key is to determine which gems to pick up, carry, and ultimately safeguard…because you cannot take them all. If you follow this path, you may find that your biggest challenges lie not in finding opportunities, but in having sufficiently large pockets!
No Need for "Mentors": Summon Your Posse! (and turn the "in posse" to "in esse")
Here is a quick test of your generational "orientation": When you think of a "posse," does your mind conjure up the image of 20 to 30 ranchers, all armed and eager to perform their civic duty while rounding up horse thieves? Or do you get the vision of eight or so of one's closest friends all wearing terribly expensive clothes designed to look like Goodwill cast-offs, while listening to impossibly loud music with lyrics that require copious expletive deletions?
It would be to your infinite surprise, perhaps, that I would like to talk about the second image, and not just because it is more in keeping with the current zeitgeist. Rather, it is because I want to tell you something about professional development and career goals that is better served by thinking "collaboratively," rather than "hierarchically."
More about that in a minute.
Posse Comitatus
The younger generation may throw the term "posse" around, and perhaps most who do are unaware that this is Latin, not English. Regardless, the venerable OED and even Black's Law Dictionary let us know that the 19th-Century image is more correct. A "posse comitatus" (sometimes just "posse") is the population of a county over the age of 15 that a sheriff may summon to his assistance in cases of keeping the peace or in pursuing and arresting felons. (See Williams v. State, 253 Ark. 973, 490 SW2d 117, 121). Regardless, I want to focus your attention on another Latin usage of "posse"; and that is the phrase "in posse," which is not to be confused with "in esse." Something is "in posse" when it may possibly be; something is "in esse" when it actually is. I want to draw the analogy between gathering a "posse" around you and thereby turning your career plans from "the possible" to "the actual," or "in posse" to "in esse."
You Need a Posse
Alright. Enough about Latin and competing images. Why should we worry about what a posse is? Quite simply, because you could really use one. It is always handy to have an armed force around you when looking to arrest scoundrels. It is also comforting to have one's friends around when suffering from extreme ennui. More to the point, a posse can also come in handy when you are trying to get somewhere in your career. Simply stated, you can go further if you have a group of individuals around that are in relationship with you for the sole purpose of helping you meet your personal career goals.
All of us are involved in all sorts of relationships. Some of these are reciprocal (or are supposed to be). For example, your relationship with your spouse or significant other is (or is supposed to be!) a reciprocal one; you each give to the other in a roughly equal way. Further, your casual friendships and acquaintances are largely reciprocal; you each bring something to the table. Usually, one person is not giving more to the relationship than the other. Both enjoy each other's company, and both impose on each other from time to time. But that's not the way the posse works. Instead, the posse should be composed of people who are willing, for whatever reason, to help you further your personal and/or professional goals. The point is not that you help each other, but that they are helping you. They give; you receive.
Gathering Your Posse
Where do these people come from? You would be surprised. For one thing, most people who have achieved some sort of personal or professional success in their lives are naturally predisposed to sharing the wealth of their experiences with others. I would posit that there are far more potential posse partners out there than individuals ready to take advantage of them. If you go through your day with the attitude of looking for relationships that could be of benefit to you, you will find them: in your extended family, at work, at clubs you belong to, at sectarian organizations you are affiliated with-all over the place. Open your eyes, be interested in talking to others for the mere sake of making contact, and you will find people willing to share their expertise and perspective with you.
Of course, you can get professional help as well. A professional or personal "coach," therapist, clergyperson, and even your recruiter (!) are all candidates for inclusion in your posse. The point is to add to your list of goals in your professional plan (have you written one yet?) the gradual inclusion of individuals in your posse who are willing to help you when you need it.
A New Paradigm
You are not looking for "mentors." Yes, I know that it is a popular word, and I seem to recall a n
number of television commercials extolling the virtues of being one. But what is a mentor anyway? In point of fact, there is not much consensus on what the word actually means. The classically educated among you may recall that Mentor was originally a proper name: Odysseus' old drinking buddy, who was left in charge of the Ithican king's household while he was away being the hero and fighting the Trojan War. You may also recall that Mentor wasn't much of a "mentor." He allowed Odysseus' house to be overrun by suitors to his not-yet-widow Penelope; neither is there any evidence in the text that he cared one whit for Odysseus' son Telemachus. In fact, it was good old Pallas Athene disguised as Mentor that gave Telemachus timely advice. Moreover, for 2700 years, no one used the term "mentor" at all. It did not become a common noun until the late 17th Century, when a French mystic and educator to kings, Francois de Salignac de la Mothe-Fenelon, wrote a sequel of sorts to the Odyssey (Les Adventures de Telemaque). It was there in Salignac's fiction that Mentor became a "mentor" to Telemachus-and from there that the word entered into our vocabulary.
I do not discount the idea of "mentoring" merely because it has spurious etymological roots. Rather, I discount the concept of mentoring because it carries with it an insidious paternalism. The mentor is "older and wiser" and "imparts wisdom" to a "younger, less experienced" mentee. This wouldn't be so bad, but we tend to think of the person needing the mentor as being "underprivileged" or "disadvantaged" in some way. Worse perhaps, we tend to think of a one-on-one relationship. In that model, the perceptions and predispositions of the mentor invariably have a disproportionately large effect on his (again paternalism!) subject. If you don't believe me, take a look at the glossy flyers that law firms are putting out about their diversity programs. I have seen many that show a kindly, white-haired male partner sitting down with a young minority attorney. The partner looks sage and wise; the associate, young and eager. Bah! I do not like that image, nor do I think it is a useful one. Rather, what all of us need, at every stage of our careers, is a group of people that we can rely on to listen to our problems, be a sounding board, and perhaps share with us some war stories. The relationship, while set up to be of benefit to you without strings, should be collaborative. The point is that you are eliciting comments from a number of people that you trust and putting it all together to come up with good decisions. You are not in the relationship to be spoon-fed by one well-meaning "elder." You are building a network of trusted advisors that enjoy being a part of a team-your team.
Just Do It
Some practical advice. First of all, you don't have to use the word "posse," and no one has to know they are in it. All that is required is that you identify individuals you believe worthy to help you out and gradually develop a relationship with them. Coffee, lunch, phone calls, emails. If you pay attention to the process, it will be organic. There is no concrete checklist to this process; you have to feel your way through. Next, remember to maintain the right attitude. You are not trying to set up codependent relationships, you are not looking for the father or big sister you never had. No, you are instead asking a new sort of question in your career path. Instead of asking "how" (How do I get this deposition handled? How to I write this brief? How do I serve a guy in Kurdistan?), you need to ask "who" (Who can send me in the right direction? Who has the contacts or experience I can draw upon?). By the way, I stole that last bit from a member of my posse (a professional coach).
So, start putting your plan into action. Think about the idea of a posse. Write "find posse members" down on your professional plan. Start thinking of the people you already turn to (if any) or those you already know that you really should call. "The journey of a thousand miles begins with a single step." Well, a posse can help you scout out the terrain so you don't spend days going the wrong direction.
In Esse
The posse, as I alluded to at the outset, is all about the "in posse," the possible. Having plans, getting advice, and making checklists are all about the possibilities you see for yourself in your career path. In the final analysis, you are building up a big store of potentialities ("in posse") to begin to realize success in your life. You want to move from the possible to the actual, the real, "in esse." The trick is, however, that you really have to spend 95% of your time working on process (the plan, the posse, the checklist) to begin to realize success. If you focus on the end result exclusively, you will either miss the boat, or get in the wrong one.
You may think that it is unrealistic to find successful people (however you define them) willing to take time out to talk to you. A reasonable concern, but an unfounded one. One of the busiest people of all time, our 16th president, enjoyed helping others. You may recall that Abraham Lincoln had a few things on his mind: the breakup of the nation, a heinous war, and incompetent generals. Yet, he had this to say: "I feel-though the tax on my time is heavy-that no hours of my day are better employed than those which thus bring me again within the direct contact and atmosphere of the average of our whole people." Finally, and you knew this was coming, those potential posse members out there-and Lincoln was one-also realized that serving in such a role was of benefit of them as well, if not directly. Lincoln went on to say about his habit of meeting with various and sundry citizens seeking audience, "I have but little time to read the papers, and gather public opinion that way . . .the effect as a whole, is renovating and invigorating to my perceptions of responsibility and duty." Thus, you find out at some point that your posse members find the relationship very rewarding. You never know, you too may decide that coming to someone else's 'rescue' is just the sort of challenge you are looking for.
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