Are you Eeyore or a Realist?

Lawyers are paid to identify and manage risk. A good lawyer thinks of worst case scenarios when drafting agreements. That's what we get paid to do. But there is a fine line between helping a client manage risk and being such a naysayer that a client is unable to accomplish his or her business goals. This is a particular occupational hazard for in-house lawyers who are often charged with making both legal and business decisions.

To an optimist, "worst-case-scenario" thinking may come across as pure negativity. To a good lawyer, it's just a matter of thinking like a realist.

In today's CareerJournal, there is an interesting discussion of this topic. A reader writes in about her husband who has been called to task for being too negative in his role as a finance manager. I thought it offered some good food for thought for lawyers in general on the importance of identifying risk while still being able to think outside the box.

Legal Veterans Advise Newbies How Not to Blow Their Job Search

Here's a valuable excerpt from today's Legal Times entitled "How to Land that First Job." Veterans from top firms offer advice on how to avoid common goofs and gaffes and how to nail your interview. To read the full article, go to this site: http://www.law.com/jsp/law/careercenter/lawArticleCareerCenter.jsp?id=1202424212239


Law firm partners: George Bostick, Sutherland Asbill & Brennan; Christopher Davies, Wilmer Cutler Pickering Hale and Dorr; Katherine Fallow, Jenner & Block; Julia Kazaks, Skadden, Arps, Slate, Meagher & Flom; Julie McEvoy, Jones Day; Elissa Preheim, Arnold & Porter.


1. What do you look for when hiring summer and first-year associates?

"The most important factor is whether this is someone whose academic or work performance thus far indicates an ability to juggle multiple tasks and to achieve deadline-driven success." -- Julie McEvoy

"Excellent grades and strong writing skills and strong interpersonal skills and a demonstrated interest in being in D.C. and in the firm's practice areas." -- Julia Kazaks

"The first thing we look for is a self-starter. ... Prizes don't go to wallflowers."
--Christopher Davies

"Three key factors are: (1) students with strong academic records who are critical thinkers; (2) people who take ownership of projects and (3) those who work well on teams." -- Elissa Preheim
"Experience that will convince me the person can work as part of a team." -- George Bostick

"The question is if this is someone I would feel comfortable bringing to a client meeting as a summer or first-year associate. ... That's a pretty important benchmark." -- Julie McEvoy

2. What do you seek to avoid? Any big mistakes on resumes or in interviews?

"Resumes that are unattractive or have typos or are just strange will attract attorney discussion." -- Christopher Davies

"Anything you list on your resume you should be prepared to talk about." -- Katherine Fallow

"Law firms are full of Luddites, and we are amazed at what students will post about themselves on the Internet." -- Julie McEvoy

"Too Much Information Syndrome. ... I recall thinking, 'Oh my God, I can't believe someone said that.' "-- Christopher Davies

"It's important to us that people actually care about the law and not just focus on the $165,000 or whatever it is today." -- George Bostick

"The main mistake is seeming bored or uninterested, either with things you have done or in the firm. ... Find a way to show enthusiasm." -- Katherine Fallow

"About the worst thing a candidate can do is to ignore the junior person [in an interview]. ... One time, I had to step out to handle a client phone call, and I told them to go ahead and start. I later heard that while I was out, the guy hadn't engaged on much of anything short of shopping at Costco." -- George Bostick

"Don't waste time on cover letters and thank-you notes. They can create more problems than they solve." -- Julie McEvoy

3. What could law students do most easily to improve their chances of being hired?

"Pay attention to comments made by interviewers in the early part of the day and incorporate them into interviews in the later part of day. ... It's important to show that you picked up on what others have said. Interviewers talk to each other afterward." -- Julia Kazaks

"Invest in a comfortable or well-fitting suit. A flashy or ill-fitting suit can highlight a student's lack of comfort or familiarity with a professional workplace." -- Julie McEvoy

"Schedule morning interviews with firms that you are most interested in. Both candidates and interviewers are more tired in the afternoon." -- Christopher Davies

"Come to an interview prepared with a range of questions. ... There's nothing more terrifying than reaching the point in the interview when the interviewer asks if the student has any questions and the student says, 'No, I think I've asked them all already.' The interview comes to a screeching halt." -- Julie McEvoy

"Educate yourself about the firm or place where you'll be interviewing. Educate yourself to see if it's a good fit." -- Katherine Fallow

"It does matter if someone [at the firm] who's well regarded will vouch for you. ... It generally helps people who are on the margin." -- Christopher Davies

Don't Show Me the Money?

I was talking to a former candidate of mine the other day--he had joined his current firm just at the tail end of the salary wars last year. He was strongly of the opinion (at the time) that New York firms should have raised associate salaries above where they are now to compensate for the cost of living adjustment.

He doesn't think that now.

Of course, salaries will go up again, although no one knows when that might be. The uncertainty of today's market will reverse over time, and once again, associates will be scanning the blogs for news of market salaries hikes and special bonuses. But for now, the market is sobering us up, and I hope that we'll all remain conscious that there are reactions for every action. Today, my friend is busy and is becoming a truly fantastic lawyer. He's grateful for his experience, and doesn't worry so much about his cost of living. What a difference a year makes.

Let's All Hurry Up and...Wait

Several years ago, my colleague, Dan Binstock wrote an article called "Play the Waiting Game" that was published in the Legal Times. In his article, Dan discusses the nerve-wracking act of waiting to hear back from a firm after a second round of interviews. It's quite funny but also provides very good advice so I often pass it along to candidates who find themselves in this unbearable juncture of the hiring process. Check Dan's article out at: http://www.bcgsearch.com/crc/play_the_waiting_game.pdf

Now, three years after it was written, this article has become more relevant than ever. And, while it focuses on the waiting period after a full-round of interviews, the same principles can now be applied to ALL stages of the interview process. There is no doubt that as the market slows down, firms are being extremely cautious and deliberate in their hiring decisions. Whether you are between a phone screen and an in-office visit or between a full-round and the possibility of an offer, firms are taking their time. But, let's focus on the positive side of what I just said--there are firms out there that are interviewing for lateral attorney positions and (gasp) they are hiring! Thus, we want to encourage all of you out there who are in the lateral job market to:

1. Start your job search as soon as you know you'll need and/or want to make a move;
2. Be prepared to exercise the utmost patience throughout the process; and
3. Confer with your legal recruiter before sending any follow-ups to the firm.

Finally, keep in mind that the passing of time does not necessarily mean the response will be disappointing--it just means everyone is being careful and, in the end, careful hiring decisions result in greater job security.

More on Best Firms for Women

As I've previously noted on my blog CounseltoCounsel, Working Women magazine is out with it's second annual list of best law firms for Women. I pointed out in that post that it is important to keep lists like this in perspective.

This week, Massachusetts Lawyers Weekly highlights the complexity of the question (i.e. "Is this a good firm for women?") The article points out that two of the firms on last year's list have since been sued for sexual discrimination by their associates. Despite this, one of the firms appeared on the 2008 list again. The other firm claims that it did not apply to be on the list because the application process was too cumbersome. Hmmm. Again, the takeaway is that rankings should only be one of many factors to consider when making career decisions.

While I do believe that rankings like this can promote better workplace policies, it is important to learn how those policies are working in practice.

Build Your Book, Build Your Stable Future

"What's your book?" is a question we recruiters regularly ask our senior candidates looking to make a move. The answer firms want to hear is, at least, "1.5 million." That figure may sound intimidating to you if you're just beginning your legal career but it's an important goal to keep in mind for several reasons.

First, your stability as an attorney in a large firm is directly proportional to the amount of business that you bring in. The more business you bring to your firm, the better your chances are that you will be allowed to stay. Despite glossy brochures touting pro bono programs, law firms are business machines driven solely by the bottom line. You may be a terrific legal writer with enviable courtroom presence, but if you're not bringing in business by the time you're a 6th-8th year, your position at your firm becomes precarious.

Second, with a book of business comes leverage and with leverage comes options. "Up or out" is a phrase we often hear to describe the progress of attorneys within their firms' hierarchy. If you are moving "up" that means that you are developing business contacts and bringing in clients while billing the requisite hours and producing sound work.

For those attorneys that have failed to move up and keep pace with their business developing peers, then they will be pushed out. The career lifespan of a big firm associate is relatively short, about 8 years, so it is extremely important to start developing business as soon as you know what a stipulation is and how to get one. Having your own book of business gives you leverage in your partnership negotiations and it gives you options should those negotiations leave you wanting.

Third, building a sizable book of business will earn you the respect of your colleagues. It shows that you understand that new business is the life blood of your firm and that you're willing to make that extra effort to keep it pumping. Given the competitive market and the daily mega-mergers, it may come to be that "of counsel" and "non-equity partners" become relics of a bygone era. Making the extra time to network shows your firm that you're committed to them which will, in turn, make them commit to you.

Fourth, building your book is not only financially rewarding, but also personally satisfying. One of the junior partners I used to work with at my old firm was a dynamo at bringing in new clients. He took pride in his talent and felt that it helped make up for some other areas of his practice where he wasn't as strong. Plus, working on your own cases that you personally staked gives you some freedom and elbow room. In many cases, you will be the senior decision-maker which can be a very empowering experience.

Finally, building your book doesn't have to be drudgery. With the advent of Facebook and LinkedIn, it's become easier to re-connect with old contacts while developing new ones. So seek out your former classmates, take them to the Watergrill and get cracking!

(Check out the following website for some excellent tips on how to develop business: http://www.clientfocus.net/)

The Power of Writing Down Your Goals

Michael Phelps has done it. He holds the illustrious title of being the only person ever to win 8 gold medals in one Olympic Games competition. See this article from Time magazine for further details on Phelps: http://www.time.com/time/world/article/0,8599,1833462,00.html?imw=Y.

Through his talent, hard-work, and determination, Michael has fulfilled his Olympic destiny. Another thing that very likely contributed to Michael's historic Olympic triumph, is that he visualized his success by writing down his Olympic goals. This is something that all of us can do to help us focus in on what is really important to us, career-wise or in our personal lives. There is something powerful about writing down your goals and desires, and keeping evidence of them. Seeing your goals on paper takes them from the "dream" stage to an undeniable reality that is clear for anyone to see.

Thus, regardless of if your long-term goals are to make partner, start your own firm, go into public interest law, or any other career-related achievement- try taking the time to write down your goals and the steps you need to achieve them. Getting focused and honest about your goals is the first step to success and hopefully you will be on your way to something great.

What's On Your Facebook Page?

The National Law Journal recently published an article (http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202423725315&pos=ataglance) which discussed the fact that jury consultants and trial lawyers are now researching social networking sites and personal blogs to assist them in the voir dire process. Conducting Internet research has proven very useful by providing trial lawyers with valuable insight about potential jurors that is not readily apparent through voir dire. It appears that what people post on their MySpace or Facebook pages is far different from what they state on their jury questionnaires. For example, the article mentions a case where the defense successfully had a juror dismissed after discovering that the juror had lied on her questionnaire through an Internet search.

Jury consultants and trial lawyers are not the only ones who are using Internet research in this manner. Law firms often use the Internet as well to conduct informal background searches on potential lateral candidates. More and more firms are searching the Internet, especially social networking sites and personal blogs, to gain better insight into a potential candidate. Thus, before you start your job search, it is very important that the public information on your Facebook or MySpace page does not contain anything that you would not want a potential employer to know. After all, you never know who may be googling your name next.