Archive for December, 2008

What I learned from New Jersey (and other holiday fairy tales)

After a too-long trip plane ride back to New York, all that was left at 9:30 p.m. last night was a quick trip from Newark to Brooklyn.  Only a few minutes into the ride, we were brought to a halt on a bridge in the aftermath of a 4 car accident.  Along with hundreds of other (I assume) weary holiday travelers, we sat, engine off, watching helplessly as police officers and firemen milled about the scene.  It was clear after a few minutes that there were a couple of people involved in the accident who were loaded onto ambulances–luckily nothing looked too serious.  Everyone sat in their cars.  No honking, no yelling, everyone sat patiently.

It’s as though everyone knew that the situation was outside their control.

At just over an hour in, the entire crowd reached a tipping point.  It became apparent that the people involved in the accident were long since taken care of, and none of the officers had since made any attempt to clear a lane for traffic, or to even acknowledge the now HUNDREDS of headlights lining up for miles.  No one on the scene moved with a spring in their step, it became incredibly frustrating.  The honking started.  Two gentlemen in a van in front of me started yelling for the police to “let us the *bleep* out of here.”

It was an interesting lesson, though, in how we manage the realities of what we can control, and what we can’t.  Sometimes, the situation we find ourselves in is just something we can to deal with.  I found myself thinking about the market and those lawyers who feel that the situation they find themselves in (less work, or more grave, out of a job).  There are obstacles that we have to accept, and losing patience doesn’t help that.  Getting mad and angry at everyone around isn’t any kind of solution.

But, just as my crowd of fellow bridge-sitters did, when it’s time to start thinking about solutions to the problem, the level of frustration in the face of inaction is overwhelming and incredibly frustrating.  As obstacles like those the market is facing continue longer than we were expecting to have to manage them, how do you keep your head on straight?  Are you the type to jump out of your car and yell at everyone you can get your hands on?  Do you lean on your horn?  Or do you watch for all of the signs of progress you can find, so you’re prepared with your engine on when the traffic starts to move?

Happy Holidays and Here’s to a Better 2009

It seems that everywhere I turn these days, I run into someone who has an impressive story of struggle, despair, stress and overall disgust for the year that is (and soon to be was) 2008.  Not only has the economy taken a drastic turn for the worse and caused a spike in unemployment (and fear in those still employed), but it seems as if 2008 was filled with an unusual amount of sad stories of loss and despair.  Even I have to admit that 2008 was not my favorite year.

But here is the good news: 2008 is almost over!  And with that comes a brand new year filled with brand new opportunities.  It’s time to put the past behind us and move forward with a new sense of energy and optimism.   January and February bring the busiest months for lateral hiring, so we expect to see more firms looking to bring on attorneys of all levels.  Moreover, with the new Obama administration coming in late January, there should be a sharp increase in regulatory work for law firms, including financial services, anti-trust, health care, environment and energy/biofuel regulation.  This will undoubtedly result in an increase demand for attorneys in these areas.

And even though the economy may not fully recover in 2009, we are already seeing a significant increase in bankruptcy filings (which is usually followed by an increase in other areas of litigation) that should continue throughout the year.  Demand for bankruptcy and litigation attorneys should rise as a result.

So, for all of you who can classify 2008 as a “crappy” year, let it go.  There are only a few more days before we can officially wipe our hands clean and move into what I hope will be a better year for all of us.  Here’s to 2009!

Bah Humbug

Bah humbug

Bah humbug

There is no denying it.  The legal profession is in a recession and it is unclear when the cycle of layoffs will end.    If you are like many lawyers, you are not as busy as you would like to be.  If you are one of the unlucky ones, you may have already been laid off.

In trying to provide support to those of you who are feeling the stress of this down turn, I have posted a number of items on my blog (including here and here) and my BCG colleagues have posted on this blog (including here and here).  While none of us are trying to deny the reality of the situation, we have pointed out that there are things you can do to soften the psychological blow.

I have taken my own advice to heart.  After all, a slow down in hiring is not exactly ideal for those of us in the recruiting business.  So I go to the gym, I think of how much better off I am than many other people, I reach out to friends, and I spend time with my family.

But yesterday it hit me.  Little is going to change in the next two weeks.  Although I have candidates in process, it is highly unlikely that anyone will be hired before the New Year.  In short, I had a hard time getting going yesterday.

I thought about my own advice (going to the gym, calling friends, etc.) but then I realized that there was an important piece of advice that we have all left out.  Simply put, while it is important not to dwell on the negative and while it is equally important to take action in order to avoid sinking into a depressed state, it is also important to acknowledge the negative feelings.  They are there and they won’t simply go away because we repress them.

So I thought about my predicament and lay in bed about an hour longer than usual.  Then I headed off to the gym to get my day started.  And now I am looking forward to some of the things I plan to do over the holidays that don’t involve work.  I’m sure I will have my moments in the next two weeks.  But I will not try to exorcise my feelings without acknowledging that they exist.  Keeping it all bottled up will only have negative consequences in the future.

What’s In (and what’s out) at Law Firms and Beyond

This was a year for the record books. “Change” was the word of the day for over 300 days in a row. The past eleven and a half months were a lesson in the contrast between abysmal and exhilarating. The year is drawing to a close at last and as we bid adieu to 2008, we welcome the dawn of a new era in our collective history. It is a fitting time for an inventory of what is “out” and what is “in” as we begin 2009. I am crossing my fingers like everyone else that the next Baby New Year is a bundle of joy and a lot less colicky than 2008. I am tempted to take off my shoes and toss them at the back of the departing year’s head! But that would be so 2008 of me….. Here’s the list:

OUT

IN

The seven deadly sins: Pride, Gluttony, Wrath, Lust, Anger, Greed, and Sloth

The seven heavenly virtues: Prudence, Justice, Temperance, Courage, Faith, Hope, and Love

Law firm parking garages filled with luxury cars and SUV’s

Riding the bus, zip cars, and bicycles

Fourteen hour days at the office in a suit

Twelve hour days working from home in your gym clothes (minus the two hour commute)

Premium billing rates

Competitive billing rates

Paper holiday cards and gift baskets

E-cards and charitable donations

Shopping at Neiman Marcus and Saks Fifth Avenue

Shopping at Target and Walmart

General Practice Areas

Niche Practice Areas

Large Raises and Fat Bonuses

Having a Job

Suspenders with Bulls on them

Corporate executives outside Starbuck’s begging for lattes

Bashing the President

Supporting the President

McMansions in the suburbs

Downtown condos in revitalized neighborhoods

Expensive vacations

Local site seeing and public golf courses

Dumping toxic waste

Picking up trash

Worshiping Money

Conversations with God

Partisan Division

Cross Party Cooperation

The crush of large firms merging into “mega” firms

Mid-size specialty or boutique spin-offs

Looking Out for Number One

Teamwork and Altruism

Fast talking, bet the farm deals

Fiscal responsibility and corporate discipline

Consumer Debt

Savings Accounts

2008

2009

Is it New Year’s Eve yet? Best Wishes for the holidays and an abundant and enjoyable 2009.

Pay to Play in Politics; Pay to Stay in Law Firms

The pay-in for equity partners at DLA can be as much as $150,000, according to an article published in The National Law Journal today. Could it be the new trend for similarly positioned globalized law firms? Here’s a link to the article discussing the likelihood that non-equity status may be a thing of the past and “pay to stay” may be the wave of the future: http://http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202426727867

Why Wall Street Always Blows It

A cautionary tale for anyone who lives to see the next financial bubble:
Why financial bubbles form; why they will always form; why everyone is to blame for the housing bubble (real estate brokers who encouraged individuals to buy at high prices, mortgage brokers who sold adjustable rate mortgages that would eventually reset, Alan Greenspan who kept interest rates low for too long, home buyers who bought homes they could not afford, the regulators who were asleep at the switch and Wall Street types who sold securities which were backed by risky mortgages) and how all parties acted rationally.

Fewer New Partners = Senior Associate Logjam

As firms go through the annual pomp and circumstance of announcing a new class of partners for 2009, one trend is unmistakable — for most firms, the honor roll is getting shorter. Although the press releases and tombstone ads are just starting to trickle out, even a quick perusal of the most recent announcements reveals a fairly drastic reduction in new partner promotions.

For example, in recent days, Weil Gotschal announced a class of seven new partners this year, compared with 20 new partners last year. Similarly, McDermott Will & Emery anointed 27 new partners this year, compared with 42 last year. Wilson Sonsini added eight new partners for 2009, five fewer than the 13 it promoted in 2008. Likewise, only 10 new partners were added to Cleary Gottlieb’s ranks, just more than half of the firm’s 19 new partners in 2009. (See a chart of some of the firms with California offices that have announced new partners here).

To be fair, others are holding relatively steady, or even increasing modestly. For example, Gibson Dunn added 13 new partners this year, compared with 14 last year. Dorsey & Whitney remained steady for 2009 with 17 new partners, matching the same number elevated to the partnership for 2008. Andrews Kurth actually increased the number of partner elevations from five in 2008 to seven in 2009, as did Latham & Watkins (just barely), which elevated 30 new partners in 2009 compared with 29 in 2008.

But for most of the firms that have announced their numbers, the trend seems to be pointing to a reduction in new partner promotions of 35-40% from 2008 levels.

Unfortunately, a reduction in the number of new partners also means a corresponding glut of senior associates, all of whom will now rejoin an ever-increasing logjam of partner candidates for the next go around. While in the past senior associates might have been able to threaten their firm with a departure if they weren’t made partner, in these wavering economic times many firms may actually welcome the attrition. So what should you do if you fall into the ranks of recently unsuccessful partner candidates?

For most, the best strategy right now is to hunker down and make sure to continue to keep busy until economic times improve and you can make a move (if that is what you decide to do). While it is perfectly natural to feel angry, upset, and betrayed, you simply cannot afford to disengage in this economy. Unfortunately, while your anger boils over and you endlessly re-hash the litany of broken promises, your workload may start to decrease as the firm shifts new matters to eager up-and-coming associates who may not have enough on their plates.

As hard as it may be, you need to make sure to do everything you can to remain motivated and focused at work, and to demonstrate that you continue to be an integral part of the team. Making yourself appear indispensable will quickly lead others to believe that you are indispensable, which can only raise your profile and your value to the partners observing you. If you decide to stick it out for another year, your hard work, professionalism, and focus may just be the ticket to being promoted next year. On the other hand, if you decide to move on, you will have a positive mindset, higher self-esteem, and excellent references to provide to your future employers.

In contrast, for those few senior associates with a book of portable business, now could be an excellent time to make a move if your firm didn’t show you the love you deserve. Many firms are stumbling over themselves to find more work, and although your business may not have been enough to get your current firm to promote you, it may be more than enough for another firm that is eager to get work in the door. Investigate smaller, regional firms and offices, most of which are eager to welcome new business generators, even if your book isn’t enough to get you recognized at BigLaw. You may be pleasantly surprised at the level of interest shown by these smaller firms, which not only can offer you partnership, but may also offer a more stable and satisfying future.

How to Have a Happy Holiday in a Miserable Economy

I am dreading the holidays. I wish I could pull the covers over my head and not come out again until January 2nd. I haven’t always been like this. In a normal economy, I charge into the season and charge up my credit card just like everybody else. But now, in the midst of a grave economic crisis, how does one gaily spend and celebrate? (Spending and celebrating having become interchangeable and inextricable concepts in

modern times.)
We all know the drill: for law firms, the holidays are when we take the time to formally thank our secretaries and support staff, our colleagues and business contacts, and we do it with bonuses, lavish gifts, expensive baskets, tickets to the opera, etc etc. It is impossible, and ill-advised, to shirk these social obligations. People expect it; many deserve it. But how to pay it forward when so many are worried about their own job security? About retirement funds that went from lush, green pastures to brittle, desert savannas seemingly overnight? About retaining and attracting new business? About making one’s hours? About the lack of one’s own bonus, or its much reduced amount? There is no easy answer, but after mulling it over, I have some recommendations.
1) For the associates who will not receive a bonus this year, my sympathies. I’m sure you all worked very hard and are deserving. Alas, in terms of your giving obligations, keep it modest and prioritize. To ensure that your next year is equally productive and smooth, just be sure to take care of your secretary and paralegal. Handwritten cards for the rest. Of course, if there is a particular client, mentor, colleague that you feel indebted to, do present them with something, but make it personal and keep it simple. The thought is more important than the dollar amount.
2) For the associates who did receive a bonus, again, take care of your secretary and paralegal, but make your best effort to spend on others wisely. Rather than splurging on the cashmere throw for a favorite business contact at $300 a pop, consider giving a lift ticket at a local ski resort (savings: around $220.) Along those lines, no need to give Veuve Clicquot at approx $44 a bottle when there are many lovely, less well known sparkling wines that are equally good. Try Chandon at $20 instead. When you make a gift personal, and spend a bit more time on the selection, chances are you will save some coin and enjoy giving it all the more.
3) For the attorneys who are enjoying job security – do more of it. Enjoy and give thanks. Take care of those in your professional inner circle but exercise restraint. This could be the year for the comeback of more personal, thoughtful, and/or humorous gifts. Giving a donation in some one’s name to their favorite charity is always an excellent choice. Having people over for a meal is another. Again, the focus should be on doing something that is personal, rather than expensive.
4) Keep perspective. Over the last decade, all of us in the legal industry have been riding a cresting wave flush with economic success. As a result, many of us have become accustomed to a certain standard of living and have blurred the line between “want” and “need”. I know I have.
Now the wave has broken and many of us are re-assessing our priorities. We still have a lot and can learn to make due with less. In fact, I know quite a few people who have decided to “adopt” families in need and are giving presents only for that cause. In my own community, I joined the “Christmas Elf” program where we pick the name of a child or elderly person and act as their own personal Santa. There are numerous programs like this all around the country.
5) Have fun on less. We all know that the heart of the holidays is not to be found in the new Balenciaga bag, or the pretty whirring iPhone. The heart of the holidays is what we make it. It’s having too much eggnog and watching “A Christmas Story” for the hundredth time, or snuggling in with David Sedaris’ wry Holidays on Ice. It’s goofing off a bit and taking a longer lunch than normal. It’s volunteering to help those in need.
Maybe by shrugging off, or at least loosening, the biting yoke of commerce from our shoulders, we can all experience the holidays more purely, like we did when we were kids. After all, the holidays only come once a year and it would be a pity to miss it. Plus, spending all that time under the covers would get awfully claustrophobic.
Happy Holidays.
Erin

What I learned from my dog trainer.


Or, more specifically, my dog’s dog trainer.

My beloved canine companion hasn’t been acting so beloved lately. It took me a while for my own internal lightbulb to go off about my dog’s behavior. He’s always been pretty well-behaved, so I processed all of his bad behavior in that context. “Huh,” i thought, when he barked at my friends innocently trying to come in the door and take off their coats “that’s weird. He’s normally so lovely when friends come over.” Surely my dog who has never needed a trainer wasn’t doing anything that would require one now.

Finally, when he growled at a sweet old lady, I called in a professional.

The first thing she did when she sat down was to ask about whether anything has changed in our life and household. She didn’t focus on his behavior, she focused on his environment. And there have been changes in our lives. A new, bigger house. Renovations. Morecoming and going through his previously quiet domain. She almost didn’t even have to do anything else. It became clear that while we weren’t changing how we were acting towards our dog–there were plenty of other dynamics encouraging his escalating behavior.

The great news is that there is nothing wrong with our little monster. He’s not sick, he’s not mean. But now we have to think about how to adjust and reinforce his behaviors to make him more comfortable and confident as our lives change and adjust.

It reminded me of a lawyer I’ve been talking to who was lamenting having to take a continuing education course in his area of the law. Undoubtedly quite accomplished in his field, this lawyer is resisting further training, because he’s never needed it before. While that’s certainly true, his comfort with his expertise has closed this lawyer offto opportunities to better himself professionally. Sure, this is a brilliant guy who knows a great deal. But he’s ignoring the fact that the world is always changing around him, and he’s resisting seeing the gravity of those changes.

Take it from my dog. We always have to ask ourselves whether we’re watching the changes in our professional environment, and learning from them.

Making Time for Yourself

If your work has slowed down or if you are unfortunate enough to be in the job market already, it is easy to fall into a depressed stupor. But keeping a positive attitude is important as you look for work (or while you ride out a slowdown in your department). One way to keep up your spirits is to make sure to carve out time every day to do something you enjoy.

There are many ways to do this. What is most important is that you find ways to reinforce your own self worth by doing something and being successful at it. For some, this might be doing volunteer work (helping the homeless, providing pro bono legal services to an arts organization). For others, it might be playing music with friends, writing poetry, visiting museums, reading spy novels, running or playing tennis.

For me, it is spending time with my children (I really enjoy cheering them on when they play sports or perform in a play or concert) and playing squash. It is also writing this blog and my blog CounseltoCounsel.

Last week I learned that CounseltoCounsel had been named to the ABA Journal’s Blaw100 for the second year in a row. It was nice to get the positive feedback for something I enjoy doing and it was a nice to be successful at something at a time when it is difficult to be a successful recruiter.

So go do something that you enjoy and be successful at it. Your success may not necessarily put food on the table; but it will feed your ego and ensure that you keep a positive outlook when it is most important to project optimism.