Monthly Archives: May 2011

Nancy Mackevich Glazer is manager of Legal Launch LLC.  The mission of Legal Launch is to give uplifting and creative career advice to 3Ls, recent law school grads and experienced attorneys.  Nancy helps her clients land gratifying employment – legal and nonlegal  - in a competitive market.           

                       www.LegalLaunch.net – Nancy@LegalLaunch.net

 Summer is here.  For many lawyers, the season brings a long-anticipated sigh of relief.  There is finally reason to be outside and away from one’s desk.  The air is warmer.  The mood is lighter.  The atmosphere is more festive.

Generally speaking, the legal community slows down.  Judges, partners in law firms, in-house counsel, and yes, even associates, take vacations.  Bar associations, law schools and networking organizations all tend to turn their attention away from the legal world and slow down.  Summer becomes a time of regeneration.

In the glory days, when firms actually filled their empty offices with summer associates, the mood was always lighter during the summer months.  Today, despite operating drastically different entertainment budgets, law firms’ summer psyche does remain the same.

While most 2011 law school graduates are refocusing their energies and hitting their Bar Bri manuals, many licensed 2009/2010 grads continue to pound a softer law firm pavement.

What happens in the summer season for job seekers?  If you are an attorney looking for your next opportunity, here are a few suggestions for your summer “To Do” list:

1.  Be ready to hit the ground and run on Sept. 1.  Make sure your resume has specific descriptions of what you did as a law clerk or intern/extern.  This means that you have included (a) the specific subject matter area(s) and legal issues about which you are now an expert, and (b) your quantifiable successes, i.e., you detail how your research and your written brief helped convince the judge to dismiss X number of counts of the plaintiff’s complaint or strike Y number of your opponent’s jury instructions.

If your resume generically states that you drafted complaints, motions, and discovery — you are failing to separate yourself from the crowd.  You need to tell a prospective employer what you exactly know how to do, what legal subject areas you understand., and what skills you have mastered. Your goal is to add value to an employer’s practice and make her look good.  The more a prospective employer knows about your exact skills, the less she has to train you.  In today’s competitive market, that’s a huge advantage.

2.  Gain legal experience. Volunteer.  While some legal organizations are spread to capacity with volunteer attorneys looking for more legal experience, some cam always use more help.  If you are interested in litigation,  The John Marshall Law School runs a first-rate Veteran’s Legal Clinic to train you and help veterans advocate for benefits.  If you like estate planning, volunteer to research and update the planned giving materials for a non-profit’s website.   See if they can enlist a seasoned estate planner to bless your work. If you know how to mediate, offer your services to a neighborhood housing organization.  If you would like to learn to mediate, the summer might be a great time to be trained and certified.

3.  Continue to keep every door open. If an opportunity comes along and it’s not exactly what you are looking for, be open-minded.  Gaining experience in another area (in a down market) may not be the worst thing.  The key for you is gaining legal experience.  That’s not to say that you must stay in an unfavored position for the long haul.

4.  Check out areas of law where there actually is demand. Are you interested in health law?  Have you considered health-care compliance work?  Have you noticed how many compliance positions have been posted over myriad pharmaceutical web sites?  If you are a stickler for following rules and regulations, this may be a great area of law for you to pursue.  The demand is great and only continues to grow.

There are other kinds of compliance as well.  Investment and brokerage firms must always be in compliance with SEC regulations.  As most attorneys are not clamoring to this area of law, the chances are good that demand for these skills is quite high.

5.  Take a break. Even though I’m making suggestions about how to land legal work in this competitive market, I am also going to talk out of the other side of my mouth.  Take a break from your search.  Put this on the “To Don’t Do” list.  You must acknowledge to yourself that finding legal work is stressful.   Summer is a great time to be kind to yourself.  Finances depending, take a break, get away, and regenerate.

We all know how quickly the days of summer fly.  There are so many more activities available to fill our time.  Perhaps, just getting out there under the warm sun, meeting people and enjoying outdoor life is one of the best networking avenues we have.  Do what you love, and don’t even call it “networking.”

There are about 92 days of summer.  Please pass the lemonade.

J. Nick Augustine J.D. is the principal of Law Publicist Communications, an ALR/PRA, Incorporated agency.  Law Publicist Communications is a public relations agency also offering coaching and consulting.  Nick advises and assists attorneys in transition in public relations, marketing and practice management.  Nick shares recruiting and staffing experience and tips for legal job seekers.

Attorneys are always in transition.  One of the least addressed groups is the pool of associates who want to become a partner.  The type of associate who leaves a firm to hang their own shingle is probably a rainmaker who would be a good partner.  Partnership decisions and staff/associate attorney movement often happen behind closed doors.  Existing equity and even non-equity partners might be privy to the direction of the firm and whether Attorney Bob or Sue will ever be offered partnership.

Make no mistake; larger law firms are very competitive and political.  Those who get along well with others (clients and fellow attorneys) and who excel in their practice areas have the best chance at becoming a partner.  Many associates are skilled in their practice areas, but lack other non-academic qualities to be one of the partners.

Dedication to a group of attorneys organized in a law firm should be taken seriously.  Partnerships also take on different formations.  Some firms require a capital contribution to buy-in to partnership.  Other firms invite new partners without an initiation fee or waive the right to contribution unless the attorney leaves the partnership before a determined amount of time.  Partnership agreements are as unique as those who draft them.  The commitment expected may be great, and the more you know walking into negotiation, the better you can spot the best fit.

Consider 7 questions to help you determine whether you really want to become a partner or actually want to start your own firm:

1. Do you want control over the direction of a law firm?

Some of us think we know how we want to practice from the second day of law school while others seem to frequently change direction.  If you are a dynamic practitioner, and want more freedom, then you might be happier having the ability to switch gears.

2. Are you strong in selling others on the quality of a firm?

Not everyone has the gift of marketing themselves and others are natural rainmakers.  If you practice in a competitive space and need to compete for clients then solo life may not be your best bet.  If however you are a sales savvy lawyer then you are well suited both for private practice and as well as a partner in a larger firm.  The climbing associate should consider their ability to build a book of business.

3. Is it likely you will change your practice area lineup to meet demands?

Remember how many residential real estate closing attorneys there were five years ago?  It seems like many of these attorneys opted to practice bankruptcy law instead.  Practice areas are subject to shifting economic conditions.  Will you hop on the next bandwagon or ride out the storm?

4. Have you ever managed a group of strong-willed professionals?

If you think management sounds like an annoying burden in a small firm, consider the drama that comes along with management decision making in any larger organization.  There is no quicker way to put a price on your own head when you make a decision that not all will like.

5. Does sharing profits and losses move you in one direction?

Profits per partner averages are reviewed and some partners make greater contributions to those numbers.  The partners who engage in valuable but less billable work affect the averages.  This can cause stress to other partners.

6. Are you the type who enjoys commitment or wants to see if other grass is greener?

Building a firm with valuable partners is not unlike a marriage.  The firm may expect a commitment that some attorneys are not ready to make.  It is not very easy to become a partner, and to leave that partnership is like a divorce and can be difficult and expensive.

7. Do you balance your professional, personal and community needs well?

I have heard from countless large law firm partners that the firm likes it when you spend your weekend in the office.  Yes, some firms are more flexible with outside commitments, but most do not prefer you to have much of a life outside the office.

Bill Wilson spent over 20 years in legal departments at corporations large and small, from high tech to brick and mortar, and is writing about various topics while trying to find that next great career opportunity.

For folks of my generation, that one word piece of career advice from a family friend to the young Dustin Hoffman in the movie “The Graduate” still ranks as one of the most memorable movie lines.  But it does reflect a real-life conundrum: One of the questions that you either ask yourself or others is “what kind of law should I practice?”

You can take the approach I did, which was to have a vague idea, which you abandoned for various reasons, and then let serendipity take you for a ride and hope it’s pleasant.  In my case, that worked.  I represented some fascinating businesses during my career, from robotics to face recognition system vendors to telematics hardware and software vendors (think OnStar®) and handled a variety of cutting edge legal issues.  But if you are the kind who would like to give a little push to pure blind luck, and steer the ship, here are my thoughts.

You will not starve learning about intellectual property law for the foreseeable future.  I am not just talking patents here, so if you’re not an engineer, you’re still in the running.  The “ideas and imagination” economy that the world is hurtling headlong into will value creativity to an unprecedented degree, and protecting ideas and other forms of intellectual property will be a full-time job for many that will be fascinating and probably rewarding.  Deep philosophical questions about patenting new life forms, genetic engineering and solving the food supply problems facing the world, using technology to solve the fossil fuel and water shortages represent challenges that will demand the best efforts of the best technologists – and their counsel.  Entrepreneurs and lawyers seem to be more comfortable with each other these days, and getting comfortable with technology, the current law both in IP as well as ancillary fields such as e-commerce, privacy, and communications and where it’s headed will serve you well.

While we’re at it, let’s also focus on privacy.  Data may be king, but data about people is going to be gold, and what you can/should do with it is going to be a very fertile field for lawyers for years to come.  The basic divide between the European Union “opt-in” and the US “opt-out” approach to data use is just the first of many such issues that will keep clear thinkers occupied for a long time.  Data mining and correlation, coupled with a virtually endless flow of technology developments that will enable things that were impossible yesterday, will fuel a never-ending debate about what should and should not be permitted.  Legislative solutions v. voluntary industry self-regulation are going to combine to provide full employment in this field.

My last choice might be somewhat surprising, but it’s dispute resolution.  America’s legal legacy of litigiousness doesn’t sell well overseas.  As the global economy becomes ever more integrated, there will be even more disputes about things as mundane as a lost order in a plane crash and as momentous as how to handle transnational water disputes.  New thinking about ways to resolve conflict has to proceed, as endless litigation over these issues has inherent limitations and less acceptance among non-US parties.  Creating new models for third-party facilitation, or direct governmental multi-lateral action will be critical to finding solutions that work.  This option might be particularly attractive to those political science majors who were wondering what exactly their degrees qualified them to do, besides go to law school.

This list is certainly not definitive, and you can probably add 20 equally valid options.  But the future will be here — soon.

Bill Wilson spent over 20 years in legal departments at corporations large and small, from high tech to brick and mortar, and is writing about various topics while trying to find that next great career opportunity.

So if everything old is new again, as my last entry posited, how does that apply to the less experienced attorney in their search?

Fresh out of law school, you’ve studied things some practitioners will probably never hear about.  You’re up to date, brimming with the accumulated knowledge three years of intense academic submersion can acquire.  The latest trends, Supreme Court decisions, legislation about the newest issues — you may never be as fully up to date as you are now.  And that’s a selling point you should exploit.  However, let me suggest that knowledge is better if you can show two things to a prospective client or employer: a sense of perspective, and common sense.  And that’s where the old and new meet.

Take for example the current debate about “honest services” and the mail fraud law and white collar corruption that has been in the news so often of late.  If you don’t know about the history of this theory reaching back into the 1940s, you might reach entirely different conclusions about the direction of recent developments.  Knowing that we’ve been down this road before in the 80s, with a Supreme Court decision questioning the validity of the statute, Congress’ reaction in passing §1346, and the resulting case law provides you with an entirely different perspective on this debate and perhaps where it should come out.  The same is true in so many other areas of the law.  Where we’ve been is not just fodder for history books; it’s the theoretical foundation, sometimes to build on, and others to depart from, but it’s essential to know how we got here.

I would submit that being able to demonstrate a grasp of yesterday and how it contributes to today will help differentiate you from your competition by demonstrating a willingness to accept that all wisdom did not begin on the day you were born.

The common sense part reveals itself in many ways.  If you combine the novelty of what you’ve learned with the insights that came from having turned those legal problems around several times in your mind, looking at them from different angles, appreciating where the rules came from, yet understanding where they can go, what works and what doesn’t – you set yourself apart.

To know the law is one thing, but appreciating the law is another, something that usually comes from a sense of the practical advantages and limitations, which comes from both intellectual curiosity and experience.  Since you’re short on the experience part, promote the intellectual curiosity.  It will provide you the launching pad into the future.

The law moves far more slowly than the world, which is both good and bad.  There are no laws about anthropomorphic robots, in-vehicle telematics, browser cookies or biometric identifiers the day they hit the market.  But you will have to give legal advice to your clients about them.  You will constantly be trying to apply laws to new situations that they don’t exactly fit, and the more you know about the history, the purpose, the compromises that made the law what it is, will make it far more likely that you can mold the law to fit into new circumstances, and help create better laws to replace the old ones.

J. Nick Augustine J.D. is the principal of Law Publicist Communications, an ALR/PRA, Incorporated agency.  Law Publicist Communications is a public relations agency also offering coaching and consulting.  Nick advises and assists attorneys in transition in public relations, marketing and practice management.  Nick shares recruiting and staffing experience and tips for legal job seekers.

Attorneys in transition should research placement agencies in order to create a targeted strategy for job placement.  My recruiting and staffing experience opened my eyes to the variety of placement agencies in the marketplace.  Yes, they are there to help you find a contract and permanent placement.  Yes, these agencies need to make a profit, and your viability as a candidate is a function of profitability and demand for your credentials.  You should be aware of how placement agencies work, what they are looking for in a candidate, and how the fee structure works.

A placement agency sources candidates and submits them for consideration for a position.  The agency’s client, in this case, the law firm, pays the agency directly when a match is made.  Agencies source candidates through job postings, internet marketing and referrals from other agencies.  The positions to be filled can be temporary contract positions (you are an employee of the agency and a contract fee is paid for your work) and permanent positions where you become an employee of the hiring law firm.

In down economies many firms are interested in a temporary to permanent placement situation.  The benefit to the firm is that they can try out different candidates and if they don’t like a candidate they can try someone else until they get the right fit.  Some solo practitioners looking for extra work will accept contract positions to supplement income.  Asking questions about the duration of a project can help you gain insight as to the likelihood the contract position might become permanent.

Recruiting agencies offer candidates like inventory.  Savvy recruiters can skim through a resume in quickly tell if you are marketable to their client.  Large law firms can be picky and the credentials are very specific.  Competition in the market for top tier positions is fierce.  You may not even be submitted unless you attended the right school, held law review and similar positions, or attained a minimum class rank.  When looking for new law firm clients, many placement agencies boast about the quantity of candidates in their pool.  Before you become an unhappy candidate they will never submit, ask the agency about their clients and do your own diligence to determine if you have fighting chance.

When you register with an agency you are often asked to complete some skills testing and to complete a practice area profile that details your knowledge, skills and credentials.  In order to stand out to a recruiter you need to be skilled and memorable.  If the agent likes you and senses your personality may fit with a firm they will work with you to highlight certain items on your resume to show the client that you are the best candidate.  Remember, never lie on your resume – it is not worth risking your career and reputation for a placement agent who simply wants to earn a placement fee.

If you register with several agencies you have a better chance landing on the desk of someone who can open a door to your next interview.  If you find an honest recruiting agent with whom you get along well, you may become a long-term registered candidate.  Most agencies keep your contact information and resume in their database for future opportunities.  The agency that may place you in your first permanent position may reach out over a year later to tell you about another position.  Remember, the most valued candidates are already happy working at a firm and just may consider a change for the right compensation package and firm structure.

Nancy Glazer is Manager of Legal Launch, LLC.  The goal of Legal Launch, LLC is to provide uplifting, career counseling for 3Ls, recent law school graduates and experienced attorneys.  Nancy offers her clients endless ideas and possibilities to help land them the right job in a competitive market.

                      www.LegalLaunch.net;      Nancy@LegalLaunch.net

Saturday morning is the time when I catch up on the past week’s articles and blogs about business news and legal developments.  My news feeds also provide me with the weekly business and legal industries’ gossip as well.

When I read an article about a subject that may interest someone I know, personally or professionally, I pass it along with a short note conveying my thoughts.  Not only should job seekers send these kinds of e-mails, but established business leaders and lawyers should too.  This is a fast and simple way to continue to connect with people.

A quick tickler is helpful for a job seeker in several ways:  (1) it shows you are thoughtful, (2) a quick e-mail reminds them of you, should they hear of any opportunities, and (3) it shows the recipient that you care about them and the news items they care about – your relationship is not just one way.  In general, thoughtful e-mails continue your relationship and give you reason to contact someone you haven’t spoken to in a long while again.

Similarly, if you are an attorney trying to market yourself better, sending a news article or an agenda for a future seminar or meeting, all show that you understand a client or a prospective client and their interests.  Recipients will be grateful that you thought of them and will appreciate receiving such timely information.  Keeping a relationship going with clients or prospective clients reminds them that you care about their business and what’s important to them.  If they are contemplating calling you about a legal issue, your breaking the ice makes it easier for them to reach out to you for assistance.

I learned this simple practice from my father.  As a child, I would find all kinds of articles on my dresser about issues of interest.  To this day, my dad, the king of marketing, still sends me articles of my interest from journals all the time.

Lest you think this practice is phony or self-serving, it’s not.  If you truly care about the people in your network and if you care about what they care about, you are just solidifying your relationship.  You are simply showing them that you are on their page.

It only takes seconds.  Subscribe to daily news feeds.  Not only will you stay on top of changing markets, but you will also connect to those in your world.

Tiffany Farber is a solo practitioner who has been practicing law since 2008. As someone who has been through transition in her career, she understands the challenges lawyers in this situation face.

It hit me the other day that it’s been nearly two years since I joined the ranks of the many Chicago area attorneys in transition.  My transition began when I was let go from my full time job as a staff attorney and pro bono coordinator for a small nonprofit organization in Chicago.  At the time, I didn’t know what I was going to do next.  I can honestly say that, looking back, I have learned more in the last two years than I could have ever imagined.

When I first started out, I was scared.  It’s common to be frightened of change.  There were so many questions buzzing around in my head.  Would I find another job?  Did I want to try something new?  How quickly would the market bounce back?  Despite the buzzing, I took things slowly.  I began to build my future one piece at a time.  That’s all anyone can do, really.  When the opportunity arose, I started my own small practice and I began to learn about new areas of law.  I implemented techniques to save money.  I joined new groups, like a support network for solo attorneys.  I worked with attorneys on a contract basis, and I analyzed complex legal issues.  I met some great attorneys, some great clients and I performed in the Chicago Bar Association’s Christmas Spirits Show two years in a row.

In addition to my law practice, I also began working as a coach to other attorneys in transition.  I realized that it was important to share my own experiences, so I began writing this blog.  I discovered that drawing from my own journey in the legal world would help others who were lost, so I started a networking group for job seekers.  Helping others in this way has brought me so much joy.

I imagine that some of you are in the same boat.  You’ve been out at sea for a while now, and you’re still searching for a place to dock.  Really, that’s just a part of life.  If you don’t feel it now, you will at some point.  The best thing to do is grab a life preserver and float.  Enjoy your journey as I have.  It may not always be easy, but it’s definitely worth it.

Ask yourself where you were two years ago.  I imagine you have learned a lot about yourself in those 730 days.  You’ve learned about your strengths and your limitations and you’ve kept on putting one foot in front of the other like you’ll continue to do for the next 730 days.  Enjoy it.