When I lived in Indiana, I was a mediator.  Let me tell you, I loved it.  I participated in mediations for couples who were divorcing.  Divorce is obviously highly emotional, but I believe that mediation is a good exercise in contentious situations.   Usually, the parties I worked with disagreed about property and parenting time with their children.  My job was, essentially, to keep quiet and move the discussion along when the going got tough, and it did get tough.

It was so fascinating to hear people expressing their feelings.  When you think about it, some clients don’t get much of an opportunity to speak in court because their lawyer acts as a mouthpiece.  Mediation gives parties the chance to be heard.  The concept of mediation is very appealing to many lawyers, especially the ones who would rather not be around litigation.  As someone who enjoys teamwork and helping people to express their feelings, I really loved being a mediator.  I use the skills I learned as a mediator when I’m talking with clients, opposing counsel and judges.

The concept behind mediation is to help clients get to a place where they can agree.  It’s not about winning or losing, rather, it’s about meeting in a place where both parties can live with the agreements that they make.  Don’t get me wrong, some parties won’t even agree to be in the same room with one another.  But, more often than not, the parties come to some sort of arrangement.  I witnessed some amazing things happen.  At the end of the day, I think most parties just wanted to move on with their lives and mediation gave them the opportunity to do that.

Forms of alternative dispute resolution exist for a reason.  Many people prefer them to litigation, including attorneys.  If mediation is something you are interested in, there are many resources out there.  One book I recommend is called “Getting to Yes” by Roger Fisher and William Ury.  I also recommend contacting the Center for Conflict Resolution and learning about how you can volunteer.  Check them out at http://www.ccrchicago.org/.  One of my colleagues volunteers with CCR and loves it.

The most successful attorneys have a wide range of skills and experiences.  Just because an attorney is a stellar trial attorney does not mean he or she is incapable of suggesting mediation to clients.  Many attorneys and retired judges become mediators.  If it’s something you are interested in, read up about the requirements and see what you can do to get some experience.  You can make a positive impact on people’s lives.

When I went to law school I pictured myself working as corporate counsel, advising companies in their daily operations.  I had plenty of experience with how corporations worked, how they made decisions that had successful or disastrous results, the type of legal advice a corporation needs on a daily basis to run its operations and how to work well in house.

After graduating from law school and before I landed my first job as an associate, I played a very minor role in the Wal-Mart gender discrimination class action suit.  I am sure you have read or heard about the group of female employees who sued Wal-Mart for allegedly failing to pay, train or promote women on an equal basis with their male co-workers.

News about this case is of vital interest to me.  In spite of my brief role in it years ago, I feel that this is my case, that whatever happens in the course of it affects my life.  This type of litigation affects all of us closely and it is so large that its outcome is likely to impact all of our lives.

The class is now at over a million plaintiffs – a jumbo class action with a possible cost to Wal-Mart of over $1 billion in damages.  The numbers are huge, the possible effect could be wide-ranging.  The coming ruling by the Supreme Court with regard to the size of the class could set the standard for many other class action lawsuits.

My contribution to this case was minimal as is that of hundreds of people who have worked and now work on this suit, but all of us have had a hand in something important. Even hearing the names of the plaintiffs evokes strong emotion – having read their depositions and knowing a little of their personal stories, I am mesmerized when I learn about where they are now and what has happened to them over the last ten years.  I can also picture the events unfolding for the defendant corporation and how this litigation must be affecting their operations.  Building a business takes an enormous amount of energy, time, money and some luck and all that can be brought down in a moment, as we saw with the failure of some of the financial giants.

My first job as an associate involved extensive litigation.  I tried probably two dozen cases in my first year, I was exhausted, strengthened, in the depths of despair and exhilarated all in the same day.  I slept very little and felt great.  A 20-hour workday was routine, the work had a lot of drama.  After a couple of years of this, I was ready to move into a more sedate pace with my civil practice.  I did not miss being in court almost every day and sometimes in several courts in different parts of the Chicago metro area.

But I am reminded of why I went to law school, how the sudden realization over lunch with a friend changed my life, how I saw, in a moment of absolute certainty, that this is what I wanted to do with my life.  Because nothing makes change happen as much as the law, and there is drama and privilege in being an advocate in the courtroom.

The drama of litigation is compelling, but litigation, for me, is like the old story of the snake charmer.  I can’t take my eyes off it, even knowing that the result unfolding in front of me could be fabulous or disastrous.  I have a more peaceful life now but I also think often about how profound an effect court decisions have.  I carry on an internal debate on a daily basis about what I should be doing with my time, skills, talent and training.

When I was a law student, I knew exactly what I wanted to do with my law license — advocate for people with disabilities.  So, I made sure I always kept that in mind.  As a student, I did everything I could to learn about disability rights law, special education law and any other area of law that encompassed advocating for people with disabilities.   I never stopped making connections and learning the ropes and I’m still going strong to this day.  I have come a long way from that wide-eyed law student, but I owe my success to that persistence.

Being patient is super hard, but it pays off.  When I was a third-year student, I interviewed for a job that would have been perfect for me.  I was so excited about it.  In the end, another qualified attorney beat me out for the position.  I got to know him and kept in touch with him and, wouldn’t you know it, when he decided to move and take a position outside of Chicago, he suggested my name for his replacement.  Sometimes the stars align, but the stars can usually use a little nudging.  If you interview for a job and you don’t get it, don’t get bitter.  Instead, make it a point to keep in touch with people at that firm or organization.  If you are unwilling to compromise your passion, it will be evident.  If you have your heart set on a particular position, don’t give up on it just because someone tells you no.  Of course, be courteous and don’t be overbearing when it comes to keeping in touch.  Instead, give that person little reminders that you are still around and interested.  One tip I really like is to let that person know about timely and relevant news stories or cases that you’ve read to show you are up on the law.

The thing you have to remember is to keep your eye on the prize.  If you want a job in a certain area of law, you need to keep your sights on that goal.  There are enough attorneys in Chicago to lead you there. It’s hard to wait it out sometimes, but I am telling you that it’s often worth it.  Along the way there will be twists in the road, but if you know your ultimate destination, you are sure to get there eventually.

You need to make a valiant effort to strategically place yourself in front of the right people.  Call your law school alumni association and ask them to help you.  Or, ask some attorney friends to help you make a roadmap.  It helps when you chart your path, so draw something out, even if that sounds silly.   I have heard numerous stories about successful people, and one thing always remains a common thread between them:  all of them have a plan.  Some of these people use visualization techniques and pump themselves up by picturing their goals coming to fruition; others write detailed plans so they know when they are hitting key points on their journey.  Whichever way you go, commit to taking active steps toward keeping your ultimate goal in mind.

As I was reading Tiffany’s posting a couple of weeks ago about mentors I realized how grateful I am for the mentors that have been part of my life. They have been tireless in their enthusiasm for my efforts, generous with their time and advice and helpful in making other productive connections.

When I decided to go to law school several friends and friends of friends came forward to help. Over coffee sessions and dinners, we talked about the wisdom (or lack of) of signing up for law school at a mature age, about what it would mean to give up my relatively successful career to date — why do it, how to make it happen. Some of these mentors had themselves had good and bad experiences as lawyers. Nevertheless, they invariably encouraged me to analyze my own situation free of preconceptions and to make the right decision on the matter.

I received boxes of law books and study guides, piles of class notes and study note cards and useful website addresses. I jotted down directions on what to do, how to do it, what was important in sitting for the LSAT’s and in applying for law schools. Most importantly, every one of these mentoring lawyers conveyed to me by attitude and by word, their perception of the value of the profession and the pride they took in being lawyers. They made me feel confident and good about what I was undertaking. There was no way I would fail them by not doing my best.

Now 14 years later, several of these people are still with me. They answer my questions about ethics issues, about where to get forms I need, about how to deal with difficult clients, how to handle referrals. They encourage me take good cases and leave the rest, something I am not always smart about, and how to make the best of my particular talents as an attorney.

This wonderful team I have on my side, made up of “old” and “new” mentors, has saved me many times, by keeping me from making mistakes, by helping me fix the ones I do make, by making me a better lawyer and business manager. They bring me back up when I feel defeated.

I am telling my story because you should be aware that, particularly in the practice of law, being a loner is not the best way to go. Don’t let your professional pride keep you from asking questions, from getting help from the right friends.

Starting even before law school and onward, line up the best team of mentors you can get on your side, through networking, through treating them well, through realizing and letting them know their value. Stay in touch even when they don’t always respond right away. Let them know how much you value their support. Always be on the look out for these special, wonderful people who have the talent and desire to help others and then let them help you.

If you’ve just been let go from, or have chosen to leave, your job, your mind is all over the place.  Even so, there are some things you should do before too much time passes.  Here are a few of the things I recommend doing:

1)      Make sure you get paid any money that is owed to you.  This seems obvious, but you would be surprised by some of the stories I have heard.  Although it’s always good to keep a collegial relationship with your former employer, make sure you have organized records on your way out, in case you need to fight for money that you are owed.  Often times, attorneys are afraid to get on the bad side of a former employer for fear they will receive a poor recommendation.  You should not be denied money you have worked for due to sheer retaliation by a, pissed off, former employer.  If you have been denied money that is rightfully yours, do not be afraid to pursue legal action.

2)      Contact the people with whom you had a good relationship while at your job.  Tell them that you are now on the market.  Do this while things are still fresh: it is more likely that as time passes, those people will forget all of the excellent work you did, leave their firms or become busy.  Ask your contacts for their personal e-mail addresses if you only have their work contact info.  This way, you can always reach out to them.  Send your resume to those folks, and then send them a personalized, hand-written, thank you note for taking the time to keep you in mind.

3)      If you used your business address as a mode of contacting you, update your info.  Let Sullivans know you are no longer with your firm, update your ARDC information and tell the bar associations to start sending your mail elsewhere.  It saves you time later, and it will assure that you get timely information from organizations and agencies about meetings and events.

4)      Sign up with temp agencies, especially agencies that staff document review projects.  You can always say no when presented with an opportunity, but it feels good to have something offered to you when you are worried about money.

5)      Try to remain positive about the experience you had at your former job.  If you had a bad experience, don’t focus on that while talking to potential employers.  It doesn’t look good when a potential employee speaks poorly about their former place of employment in an interview.  Always try to steer the conversation back to the impressive things you did at your job.  If you left on bad terms, try not to bring that up if at all possible.  We are all human, and we can’t all get along with one another, but if you spend a minute talking about a bad experience try to spend twice as long on the positive ones.  When you are out networking in the legal community, behave in the same manner.  People gravitate towards positive people more than negative ones.

6)      Oh yeah, and don’t lie to any FBI agents.  Juries hate that.

We have two upcoming networking events that you should consider participating in:

– Join us Sept. 2, 5:30 p.m. to 7:30 p.m. to network with other lawyers at a local law firm’s rooftop. Visit http://www.lawbulletin.com/network

– Join us Sept. 22 3:30 – 5 p.m. to network and learn how to better manage your finances. Visit http://attorneysintransition.com/events/

And if any lawyers want to network and get yourself out there more through this blog contact editor@lbpc.com and see how you too can write for this blog.

Successful practices are built on attracting the right clients, getting them to pay the bill and inspiring them to come back to you when they again need legal services. Finding the right clients is a science — it can be a huge undertaking costing lots of money, but below is a low-tech, do-it-yourself approach for a small practice that might work for you.

Because marketing was my long-term career prior to becoming a lawyer, attorneys often ask me how to use marketing to attract clients. Many have the mistaken impression that marketing is synonymous with advertising. But advertising is just one of the tools your marketing plan may include. Advertising is what you do when you have identified your desired client. Once you know whom you are trying to reach, you use advertising, promotion and various other tools to actually communicate with potential clients and persuade them to bring their legal business to you.

When you first begin to practice, you may not have a clear idea of who you want to attract as a client, but by giving it some thought and setting up the tools to find out who your best clients are, you can eventually be very specific about who to get the message out to, what that message should be and what means you should use to communicate your message.  The goal is to get your potential “best” clients to seek you out, sign that retainer agreement and then come back to you when they need a lawyer again.

Here’s a simple plan to flesh out your “ideal client” profile:

Create a simple checklist to fill out each time you work with a client.

Include in the checklist as many pieces of information about a client as you can think of: age, gender, ethnicity, profession or trade, where they live, assets, knowledge of technology and skills at using current technology, gay or straight, marital status, how they heard about you in the first place, why they sought you out.

When you have concluded the matter they hired you to handle, you can add some other information to the list: how did they come to you? Through your website, through a referral, yellow pages? Did they pay? Did they pay on time? How did they pay, check, credit card, cash? How were they to work with, did they communicate with you during your representation of them via phone, email, in person? Did they respond promptly to your calls and requests? Did they say anything during the conversations you had with them to indicate preferences or interests of any kind?

Rate each client based on a scale of whether it is a client you would want to represent again or not. You can rate clients on a 1 to 5 scale, for example. You should end up with a list of your best and worst clients. You can then take your no. 1 (assuming you used 1 to designate the best client) clients and do some analysis of their checklist characteristics. The expectation is that you will come up with some characteristics that are common to most of your no. 1 rated clients.

It will take some time, but after you fill out your checklists for a while, you should be able to see some patterns. The idea is to create a profile of the clients that you determine are the best for you to work with, and then these “types” of clients become the segments (groups) of similar people on whom you want to focus your marketing efforts.

Based on your checklist results you can determine the best way to get new business, maybe by attending meetings of whatever professional associations they belong to, or joining charitable organizations that are important to them. You may discover that paid advertising is the least effective way to attract these good new clients.

Some people don’t understand the concept of blogging.  “If I wanted to read someone’s diary, I would sneak into my daughter’s room while she’s at school,” they say.  Ok, maybe that’s a bit creepy, but you get the idea.  While some people use blogs to write about the daily happenings in their lives, there are many other uses for blogs as well.  Perhaps most importantly, they can be used as a marketing tool for your business.

Last year I was talking with my uncle, who has a highly successful blog.  When I told him that I did not write one myself he was shocked.   Frankly, I was too.  As a fiction writer and former journalism student, it seemed fitting that blogging was the way to go for me.  As a solo practitioner who has been through transition in my career, I have a lot to write about.  I felt that if someone in the blogosphere could benefit from hearing about my experiences that was reason enough to write a blog.

If the idea of blogging is something you have considered, here are some quick tips for marketing your business via a blog:

1. Provide useful information to a target audience

Last week I met with a colleague who has recently started a blog of his own, http://www.thesafestline.com/.  He is a child injury attorney and child safety advocate here in Chicago.  His blog focuses on tips for keeping children safe at home, at school and in the community.  His blog is great because it provides relevant information to parents.  He often publishes news stories and he gives readers a heads up about product recalls.

2. Write about topics for which you consider yourself knowledgeable

My colleague is a child injury attorney, so clearly he is a reputable source when it comes to giving advice about child safety.  Due to ethics rules in Illinois, an attorney cannot claim to specialize in any particular area of law.  This is a perfect example of why blogs can be so helpful for business.  If you cannot claim to specialize, or be an expert, in any particular area of law, why not prove to potential clients that you know your stuff through a blog?   Some of the most impressive attorneys are ones who have links to their own informative blogs on their websites.  It’s one thing to purport to be a knowledgeable lawyer; it’s another thing to convey that through a blog.

3. Add a human touch

One of the things I love about my colleague’s blog is the personal touch he adds to it.  He mentions that he is a father and cares about child safety because of the personal stake he has in it.  If I am going to hire an attorney, I want to know that he or she can relate to my situation.  An effective blog needs to do more than just convey knowledge, it needs a human element.  By blogging, you take yourself from being just another bio and picture on a webpage to an actual person who has thoughts, opinions and talent.  You become relatable to a potential client, potential contact or even opposing counsel.  After all, we are human beings, not robots.

4. Get the word out

Your blog is a waste of time if no one is going to read it.  If you don’t have LinkedIn, Facebook or Twitter, you may want to try them.  You can put a link to your blog on your pages.  You can link to your blog on your firm website as well.  You can add your blog URL to the signature line in your email.  Heck, you can even add the URL to articles you publish or on your business cards.  The more people you tell, the more likely it is you will attract readers.

Your challenge this week is to check out some attorney blogs.  If you like the style of a particular attorney blog, consider starting one of your own.  There are several options for free blog hosts such as Blogger and WordPress.  Give it a whirl!

When I apply for a new assignment or a job that requires a writing sample, I agonize over which one to submit. I take stock of what I have available in the way of samples and I am never satisfied with what I have.

One of my favorite papers, about changes in direct marketing regulations and their effect on that industry, I wrote several years ago and somehow during the switches to new computers, I have lost the paper and I cannot now even find a hard copy of it. But the topic of my paper management skills is a dreary and harrowing topic, maybe the subject of another blog.

This brings me to the first issue regarding a writing sample. It should be current. So it turns out that the lost paper I remember so fondly is probably out of date anyway.  See, disorganization is not always fatal. But, to the point, you want to show a prospective employer your best and most current work.

The writing samples I do have never seem appropriate. One is an oral motion for a directed verdict that was granted. The judge asked for a copy of my motion before she  ruled in our favor. The problem is that almost every paragraph of the motion names the parties and discloses other identifying information that I have to redact extensively. The pleading ends up looking like censored spy mail from World War II. Not a good look. What I may do, next time I use that piece as a writing sample, is to substitute other names for those of the parties. That should look better.

Make sure that you redact names and other private information in any submission you make. When I discuss this issue with my colleagues, someone always says, “well, the case is public knowledge anyway, so why redact.” Nevertheless, I would, simply to avoid any possible problems.

The other writing sample I use is a pleading from a dissolution of marriage case. When I send this sample with an application, I worry that I will be seen as a family law attorney, which I am not. Even though I have represented clients in many divorce and child custody cases, those cases were incidental to my practice and not an area of law I am now interested in pursuing. I prefer to provide a writing sample that shows my proficiency in the area of law I want to practice, which, ideally, should be the same area of practice as the job for which I am applying.

Another writing sample I have in my files is a motion for summary judgment. The case was very complex and took five years to come to trial and so I worry that the motion is too long and too complicated to follow, absent the reader’s knowledge of what had transpired in the case previously. For practicality, I also have to omit the attachments, which makes the motion even more incomprehensible to a casual reader. I may have to rethink this submission.

Most employers do not want to see a writing sample longer than 10 pages, and some not more than five pages. I doubt that they even read much past the first three or four pages.

I suppose if you have a writing sample that is more than 10 pages you can ask if that would be acceptable, but it is not always easy to communicate with the possible employer when you are submitting an application and I worry that any side issue could derail the application.

Finally, I make sure my name appears on the writing sample, in case it gets separated from the application or letter. Obvious, but easily overlooked.

Best of luck with your submissions.

Lately, I have been seeing job postings for opportunities that would require relocation from Chicago.  Obviously, this isn’t an option for some people, but if it is for you, you should consider it.

I have several friends and colleagues from Chicago who have relocated to other parts of Illinois, such as Rockford and Springfield, for positions.  While hesitant to leave Chicago at first, all of them are very happy with their choices and are fulfilled in their jobs.  Some of them even choose to come to Chicago on weekends.  If you see a job opportunity that would be excellent for you, don’t disregard it because it’s far away.

This is a touchy subject for many people because they have no interest in moving.  But what if an opportunity comes up in an area of law that you want to practice in?  It could definitely be worth it to build your experiences and resume.  A friend of mine was very interested in health-care law, and he ended up relocating because of the tremendous opportunity that was afforded to him outside of Chicago.  He loves his job!   Before you write the idea of moving off, think about the possibilities there are in relocating for a job that you will really enjoy.  If you have a partner, this may make things more challenging but not impossible.  A large chunk of my colleagues who have recently relocated have partners, and they worked it out.

If you’re not keen on the idea of moving for an extended period of time, there are options that may take you outside of Chicago for a couple of years, but not permanently.  Clerking for a judge is one such option.  I have several friends who have gone this route.  Clerking is an excellent opportunity and it usually only lasts for a couple of years.  You can also look into fellowships or teaching opportunities that only require a short commitment.

If you see a job that sounds interesting to you, but relocating isn’t an option, reach out to the person who posted the job.  Maybe they have connections with someone in Chicago who can offer you a job.  You never know!

The key is not to write something off because it is far away.  I understand that families and mortgages make moving difficult, but sometimes families need a change of pace too.  It happens all the time—people move for job opportunities.  This week, I challenge you to take a gander at opportunities outside of Chicago.  As they say, nothing ventured, nothing gained.