Attorneys in Transition

Jill Rorem, Esq., is senior manager, legal staffing at Blackman Kallick (www.blackmanstaffing.com). Jill oversees the successful recruitment of attorneys, paralegals and contract legal professionals. Jill (and the Blackman team) staffs document reviews using qualified contract attorneys and thus, works with attorneys-in-transition daily. You can follow her at twitter.com/roremlegalstaff.

There are dozens of agencies staffing document reviews in Chicago. Sometimes, multiple agencies offer you a project for the same dates – which one do you choose?  Below are some pointers to help you muddle through:

1.  RATE:  For those folks who read me regularly, you know I have a soapbox on which I tout the rates gospel (See Irate about contract attorney rates: a rant). We’ve seen rates as low as $18/hr and as high as $35/hr for document review work (higher for foreign language and substantive work). If you are a new attorney looking for your first document review, honestly, take what you can get because the first one is always toughest to land. Once you land a document review, the others are easy to get and you can command higher rates. It is up to you to decide what you can afford.
2. LOCATION:  If the project location is inconvenient to you, it is not going to be a great gig no matter what the project pays and the commute will cost you. Select a location that is easily accessible to you.
3. FACILITY: Not all document review facilities are created equally. Decide what you can put up with. Reviewing in an overcrowded, moldy basement is not for everyone.
4. HOURS: Some projects are capped at 40 hours, some have a more intense schedule that is mandatory. Some pay OT rates and some don’t. There are projects with set hours and projects that offer a flexible schedule. Find out what type of project you are being offered and decide what is right for you.
5. DURATION:  A great rate and lots of OT for 2 weeks or a mediocre rate for 5 months? That decision is up to you.

Different agencies have different reputations and if all of the above circumstances work for you, it still may not be a fit if you’re working for the wrong agency. Do your homework about how agencies treat their contractors. Ask your colleagues or consult the many websites and blogs that offer reviews of the various staffing agencies. Below are some qualities that attorneys in transition should demand from the agencies that employ them:

1. Honest and accurate depiction of a project’s duration. Sometimes cases settle or new search terms are negotiated resulting in fewer docs and as a result, the project understandably cuts short. But some agencies simply lie to encourage you to select a project.
2. Consistent top-of-the-market pay rates.
3. Some kind of bonus based on hours and/or other benefits.
4. Comfortable work space.
5. Friendly and accessible agency reps.

Happy reviewing!

Nancy Mackevich 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. For more information visit LegalLaunch.net or e-mail Nancy@LegalLaunch.net.

Perhaps you’ve heard the replays of the speech Apple’s former CEO Steve Jobs, now deceased, gave to Stanford University’s commencement class of 2005.  He stated:

“Sometimes life hits you in the head with a brick. Don’t lose faith. I’m convinced that the only thing that kept me going was that I loved what I did. You’ve got to find what you love. And that is as true for your work as it is for your lovers. Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do. If you haven’t found it yet, keep looking. Don’t settle. As with all matters of the heart, you’ll know when you find it. And, like any great relationship, it just gets better and better as the years roll on. So keep looking until you find it. Don’t settle.”

While this speech was written and given before the recession of 2008, his words have meaning for those still finding their professional footing and following their intended path.

Jobs implored the graduates, “You’ve got to find what you love … keep looking until you find it.”

His pre-2008 words, you may say, don’t apply to post-2008 times. You may be partially correct. For attorneys with this mindset, that they should land somewhere, anywhere, I might offer some additional thoughts.

First, it’s not such a bad idea to view your career development in stages. For example, if you want to practice real estate law, a practice area that surely is not practical right now, it may be possible for you to accept a position in litigation where you might be able to litigate real estate matters. If you work with a general practitioner, it may be entirely possible that some real estate matters may surface in due time.

I call this “making your own luck.” These situations do not simply fall in your lap; you can make them happen.

Second, while you are practicing litigation, it should be entirely possible for you to attend bar association meetings of real estate groups. This way, you are educating yourself and meeting practitioners who do what you want to do. You may meet real estate lawyers who have conflicts in real estate matters and want to pass clients on to you. In this way, you can get four for the price of one: you become educated in an area of law you enjoy; you get hooked up with lawyers who practice in that area; you may get your own real estate business; and perhaps, you may get the opportunity to recharge a practice area in your firm or create a new one.

Again, making your own luck while finding and doing what you love.

In this same way, while practicing litigation, you may want to accept a matter pro bono under the auspices of a Chicago legal services organization. Most nonprofit legal service providers also offer training and malpractice coverage for new attorneys. In addition, most will set up mentoring relationships with more senior attorneys. You receive tremendous benefit again, experience, training, mentorship – making your own luck.

Overall, it is helpful to view your career goals in terms of chapters in your life. If you talk to practicing attorneys, most have not stayed at the same firm or company from day one. The majority have practiced law in many capacities and worked in law-related fields over time.

So listen to the words of Steve Jobs. Keep your eye on the ball, and don’t forget the reasons why you went to law school. You can have what you want. You can remain true to yourself. It may not be next week. Despite the critics, think like Steve Jobs. Like the creation of desktop computers, the iPad or the iPhone, finding what you love sure can be possible.

Nick Augustine, J.D., is the principal of Pro Serve Public Relations, a PR firm serving the law and finance industries. Nick advises and assists attorneys in transition based on his experience in law, legal marketing, public relations, and his Secured Solo Practice model. Nick shares career growth strategy and experience with legal job seekers.

Attorneys in transition increase their chances of getting hired if they possess pragmatic knowledge that makes them more valuable in niche practice areas. The best lawyers navigate areas they know well. Consider that even community college programs in certain fields can give lawyers an added boost and outlook.

Workers’ compensation lawyers who undertake education on physiology and medicine are better able to understand and litigate cases where health and ability to do work are at issue. You don’t need to be a licensed physician to understand how bones break and heal, for example. Medical malpractice and personal injury are also practice areas where many lawyers work to become educated in the underlying matter.

Securities and corporate attorneys should have a business background to effectively represent clients and advise on transactions and litigation. You don’t need an MBA; however, if all you need to do is hire forensic experts when what’s most important is being able to read and understand their report. To a corporate finance officer, a lawyer presents unique value when they understand the world of finance and markets.

Health care is a unique field and attorneys handling litigation and transactional work are light years ahead when they understand and appreciate health-care administration. Lacking understanding in the fundamentals of public policy can make health-care practice unnecessarily difficult. The lawyers who embrace health-care policy and its implementation can help make the system work better and should write extensively, for public benefit.

Just as lawyers participate in continuing legal education courses, other professions offer advanced training and cross-disciplinary learning opportunities. Take for example, the Chicago School of Trading. Did you know that in six months, you can learn the ins and outs of equities trading? If you’re a securities lawyer this is a good way to drill down into finance and make new friends who can be helpful resources when you need industry contacts or advice.

Think of your resume as well when taking on more education, you might be better able to gain admission to schools you otherwise wouldn’t have applied when first going to college and law school. If you take a refresher or professional studies course at a school with a large alumni base you might find yourself attending a new set of events.

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. Nancy thanks Bob Sirott for his inspiration for this writing. For more information visit LegalLaunch.net or e-mail Nancy@LegalLaunch.net.

I have lifted the title “One More Thing” from Chicago newsman Bob Sirott’s famed nightly musings on the local Chicago Fox station at 9:56 pm.  If you don’t know who Bob Sirott is, he is a Chicago treasure.  Bob is always insightful; he regularly brings a grin to his nodding, tired, baby boomer viewers before they really nod off for the night.

I’m temporarily stealing his material to throw light on an added issue affecting both new and more experienced attorneys looking for gainful employment: How are unemployed and underemployed attorneys getting their health insurance? The scarier question is, are they covered under some kind of insurance plan or are they taking risks every day that they will stay healthy and accident-free? Yikes!

Options, good, bad and ugly, do not abound:

• If an attorney is downsized from a company or from a firm, COBRA coverage may be available and purchased usually for 18 months, depending on the circumstances.  COBRA coverage applies to former employees and does not apply to law students who graduate from law school.
• A recent law school graduate can buy health insurance coverage under a law school insurance plan while in school.  Under the Public Health Services Act and Affordable Care Act, however, to be covered after graduation, a law student must have purchased coverage in her last year of law school. If the insurance year typically runs from August 1st to July 31st, for example, and most law students graduate in May, the student must be able to find a job with insurance coverage by July, within a two-month time period. If she exercised an option to continue that coverage, she will only have until January 31st, an additional six months, to find employment and insurance coverage.  In the current market, finding a job either in a two- or six-month period, even for a grad who is aggressively pounding pavement, is not realistic.
• Currently, there are no added continuation privileges addressed in these insurance coverage statutes.
• Overriding all of this is the fact that insurance coverage for students can only be provided under their parents’ health plans up until the student reaches age 26. Many law students are older than age 26. What health coverage is available for them? Even a typical 25-year-old law graduate cannot easily find full-time employment with insurance benefits in today’s market in a one-year time frame.
• Many insurance companies have ceased offering student health plans altogether because student plans have simply been streamlined into individual or group policies.

Usually, when I write these pieces for the Chicago Daily Law Bulletin and Attorneys in Transition, I like to address an issue and provide solutions for my readers. Today, I am simply hoping that insurers of law school plans are starting to address these issues and extending continued coverage for law grads.

I hope that all the law school grads with no insurance coverage – who are taking serious chances while carefully watching their every step – will be grandfathered in on extended coverage plans.

These times may be the most challenging ever for our industry and for our new attorneys. Oh yeah; it’s just one more thing …

Angie Robertson graduated from Loyola University Chicago School of Law in 2010. She has experience with public interest law, family law, legal document review and sales.  When she is not reading or writing about law, she enjoys live music, exploring Chicago, watching roller-derby, and spending time with her husband and her dog.

It’s Halloween season and almost one year after I was sworn into the Illinois Bar. While this is by far my favorite holiday, it can be a sad reminder of the fact that I have yet to find permanent, legal employment.  Like most law graduates, I am goal-oriented, a planner, someone who likes a roadmap for where my career is going.  Doing contract legal work while waiting for the economy to improve without really knowing where my career is going is a constant struggle.  I often wonder about my career goals, “Do I Believe in Love after Love?” In other words, is there another dream career out there for me and am I ready to move on?

Underemployed recent grads who are looking for work are constantly told to keep a good attitude and not “give up.” But those of us who read employment statistics and can do basic math know that we won’t all find permanent, legal jobs, at least not in the near future. We can’t all make a living prosecuting and defending “Gypsies, Tramps and Thieves.” To the extent that is true, doesn’t it make a lot of sense for many of us to cut to the chase, and explore other careers options?

We are frequently told in law school that many lawyers never practice law and find great careers in other industries. How each one of them found their way is usually a complex story of luck, hardship and perseverance. There is no cookie-cutter career path for lawyers not practicing law.

Making the decision to seek non-legal work can be emotional.  Some will interpret the choice to look for a non-legal job as admitting defeat. For those working outside the law, it may become difficult to relate to friends who are practicing law in varying capacities. Non-practicing lawyers will constantly have to explain themselves to those who are surprised that someone so “smart” has “settled” on another career.  In the past, you may have been the one appalled that another person went to law school and decided not to practice, after all that studying and all those loans. You never thought it would happen to you, and now the tables have turned.  You may ask, “Am I Strong Enough to live without professionally practicing law?”

If I could “Turn Back Time,” I probably wouldn’t have given up my career for law school. But, alas, I can’t do that, and neither can any of us. I’m undecided about whether it is time to more aggressively seek an alternative career. I’ve been lucky with finding fairly stable temporary work. It has allowed me to take advantage of the ability to leave work at work and enjoy my weekends and evenings to the fullest extent possible. When I get frustrated with my career search, I often turn to my husband and say, “I’ve Got You, Babe.” If you haven’t guessed, I have a pretty good idea of what I will be for Halloween this year.

Jill Rorem, Esq., is senior manager, legal staffing at Blackman Kallick (www.blackmanstaffing.com). Jill oversees the successful recruitment of attorneys, paralegals and contract legal professionals. Jill (and the Blackman team) staffs document reviews using qualified contract attorneys and thus, works with attorneys-in-transition daily. You can follow her at twitter.com/roremlegalstaff.

Contract attorney rates are a hot topic in the document review industry. New agencies continue to pop up and everyone is trying to offer the lowest rate possible to get a foot in someone’s door. This has significantly lowered the hourly rate paid to the contractors. Conversely, so many attorneys in transition sustain themselves as contractors and are struggling to keep their heads above water as hourly rates decline. It is disheartening that most agencies have maintained 80-100% margins and only the contract attorneys feel the pain from the downturn in rates. (Please see my August 23^rd post, “Irate about contract attorney rates: A rant” for the low down). Of recent late, it was standard to pay contract attorneys $35/hr and most projects paid time-and-a-half for hours after 40. Now, they are lucky to earn $30/hr (we even hear of rates as low as $20/hr) and a higher rate for overtime is rare.

While cheaper billing rates appeal to clients, buyers (aka, “those who hire attorneys in transition”) should beware – you may get what you pay for! Rock bottom bill rates inevitably lead to very low hourly rates for the contractors, which could result in considerable snags during your document review. Consider the following consequences:

1. A low pay rate can mean that you are hiring an agency’s least experienced contractors or the “last resort” candidates who will agree to work at a lower hourly rate.
2. A low pay rate can lead to turnover on the project if something more lucrative comes up (and when pay rates are low, there is something more lucrative).
3. Contractors are less loyal to agencies that underpay them and may be less productive in their work. The last thing you want on a document review project are apathetic and resentful attorneys who have once been paid higher rates to do the same work, especially when these are the people who could identify the “smoking gun.”
4. Your law firm or organization could be poorly represented as a “cheap” firm in the contractor community and beyond.

So, how do you avoid such consequences? First, ask the agency what their pay rate will be to the contractors for the hourly rate they quote you. If they are not willing to discuss this information with you, it’s a sure sign that the agency margin is too high and there is probably room for negotiation. (TIP:  knowing the bill rate and the pay rate is also the best way to assess competing bids for the document review.  It’s all about mark-up in this industry and if an agency is taking an 80 percent mark-up, you are NOT getting a deal). Second, find out what the agency does to retain contractors in such circumstances that do call for a low pay rate.  Do they offer bonuses? Serve lunch? Do they have a reputation for treating their contractors with respect and kindness? It matters (please see my September 1^st post “Contractors speak up!”). If you are ultimately concerned about the bottom line bear in mind that clean up at the end of an unsuccessful project is much more expensive than a few extra dollars an hour on the front end.

Nick Augustine, J.D., is the principal of Pro Serve Public Relations, a PR firm serving the law and finance industries. Nick advises and assists attorneys in transition based on his experience in law, legal marketing, public relations, and his Secured Solo Practice model. Nick shares career growth strategy and experience with legal job seekers.

Attorneys in transition face unique challenges. If we are right out of school, the student loans take priority. If we lose an associate position, the mortgage and kids are first in line to get paid. If we decide to go solo or look for another job, the clock ticks loudly while the student loans, mortgage and kids have to balance.

If you are looking for more work, be smart with your time. Here are six tips for managing your time when you’re in an employment crisis:

1)      Billable versus non-billable hours. Take your “work” day seriously, even if you have no work. If you spend an eight hour day looking for work, you are likely to find work quicker. Too often people get lazy and disgruntled with the job search and only spend the first couple weeks hitting the pavement. If you have a part time income opportunity, then spend your remaining daytime hours hunting for more work. Save your “non-work” matters for the evenings or weekends.

2)      Spot “real” opportunities. If you really need money, do something that really produces money. You cannot pay the bills with promise and good intentions. Many lawyers in transition take on other and non-legal work to get the bills paid when necessary.

3)      Work with real opportunities. People who are currently working are usually more focused, decisive and appear confident. In a crisis, where people are desperate, they are more likely to appear flustered and weak. Avoid higher-paid but non-ideal positions if you will not be happy or perform well if because you are not passionate about the work.

4)      Develop ideal goals. While covering your bases, spend time in the evening or early morning with your goals for the ideal situation. The people who say you can do anything are correct. If you set your goal, make a plan, work the plan, you will meet or exceed your goals. Your plan should be specific and during your “work” day, you should track your time and activities while working towards ideal goals.

5)      Evaluate your progress. By tracking your time you can later examine different activities. Ask yourself, “Did this hour move me closer to my goals?” Notice how much time you spent on activity likely to move closer to goals. Also, notice the amount of your time that sucked away by “time wasters” and procrastination.

6)      Be honest with yourself. Joining a pro bono effort is a good way to meet people and earn future opportunities. Joining five pro bono efforts is a guarantee you will look independently wealthy. When between jobs it is easy to say yes to people who value your time. Focus on people who can pay for your time.

Nick Augustine, J.D., is the principal of Pro Serve Public Relations, a PR firm serving the law and finance industries. Nick advises and assists attorneys in transition based on his experience in law, legal marketing, public relations, and his Secured Solo Practice model. Nick shares career growth strategy and experience with legal job seekers.

Earlier this week, I had a conversation with a colleague, upset that her new client had apparently fallen off the planet. She was supposed to have signed an agreement and started a major project by the end of September. Now mid-October, my friend incorrectly assumed that silence meant no deal – the client had several emergencies and family issues, and finally this week, returned my colleague’s e-mails and are back on track.

Patience is a virtue in seeking and landing clients and jobs. Here are some tips on timing and patience:

• Calendar your contact activity. Create a contact sheet and log all of your communications. Here is a good example of a timeline if you meet someone at a networking event: (1) E-mail a “Nice to Meet You” with contact information and a memory jog, within 24 hours, indicating your intentions. (2) Call or e-mail a request for a meeting, within seven days, to learn more and fish for opportunities. (3) Follow up from a meeting, within three days, on paper (yes, you will make the right impression). (4) Further weekly contact is ok, within 1 month of initial contact.

• Following up periodically is appropriate. You might be one of several people trying to get an answer or attention from a hiring partner. If you have not heard anything after regularly scheduled follow-up activity, then put the person on a 30-day status call list. You might be surprised when you hear something back on day 28. By holding off, you do not come across as annoying or offensive. If a few months go by, and you are still making contact, most people will acknowledge you and give you some direction.

• Never assume the answer is “no” unless you are told. When the hiring partner has a trial next week, their attention is not on hiring a new associate. A partner might need to talk to other members of the firm to determine if there is enough work for a new attorney. Imagine the labyrinth of decisions taking place at a firm who could be your next employer. You should be patient and understand it might take a while to move from meeting someone who likes you and interviewing with them, to receiving an offer (while you compete with other intervening emergencies and priorities). Two or three months could go by and the hiring partner, who wants to bring you on, just can’t, until their schedule opens. If you have kept in contact professionally and appropriately, you will earn respect, and hopefully receive an offer or referral to another.

Angie Robertson graduated from Loyola University Chicago School of Law in 2010. She has experience with public interest law, family law, legal document review and sales.  When she is not reading or writing about law, she enjoys live music, exploring Chicago, watching roller-derby, and spending time with her husband and her dog.

“You’ve got to find what you love. And that is as true for your work as it is for your lovers. Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do. If you haven’t found it yet, keep looking. Don’t settle. As with all matters of the heart, you’ll know when you find it. And, like any great relationship, it just gets better and better as the years roll on. So keep looking until you find it. Don’t settle.”- Steve Jobs (2005)

This week, we lost one of the greatest creative business leaders of our time with the death of Steve Jobs.  Entrepreneurs like Steve Jobs truly inspire me.  In this economy, most of us aren’t lucky enough to be in jobs that we enjoy. This could not be more true for the young attorneys who have sought document review work on a contract basis just to pay the bills. But are people like me who have spent the better part of the year in temp work settling, against the advice of visionaries like Jobs?

Those who do temporary doc review assignments right out of law school risk future employers turning their noses up at the doc review experience, potentially spending months unemployed between contracts waiting for an opportunity to match availability or eventually finding that document review is so different from the legal career they prepared themselves for in law school that they cannot continue.  So why do so many of us persist in this line of work?

The primary justifications for temporary doc review work are relationships with significant others. Many of us don’t pursue the entry-level legal work available in the collar counties or other states because we have spouses with good jobs here. For us, being close to those people outweighs the opportunity to get litigation experience. Also, many of us are actively pursuing other interests that would not be possible in a traditional legal career. The range of other interests my co-workers have is incredible. Someone is working on getting her CPA license, another is in acting classes, someone is in a band, many have young children and a myriad of others have unique hobbies that would be impossible in the shackles of a law firm of any size.

Nonetheless, Steve Jobs’ point is poignant. If you find yourself bored with your current legal career, whether it be permanent or temporary, try to figure out if you can use this transitional time to find another love. If you can’t it may be time to explore other fields. We are up to the neck in student loan debt; if we will be paying our student loans essentially for the rest of our lives, is there any reason in the world to do something we don’t absolutely love?

 Nick Augustine, J.D., is the principal of Pro Serve Public Relations, a PR firm serving the law and finance industries. Nick advises and assists attorneys in transition based on his experience in law, legal marketing, public relations, and his Secured Solo Practice model. Nick shares career growth strategy and experience with legal job seekers.

Recently I saw another editorial article suggesting law school is a waste of time. Rubbish! There are plenty of clients and cases in our communities. During challenging times, successful professionals adapt to market demands. Forget about the doom and gloom in certain media, whose advertisers are happy when fear tactics are used to attract readership. Most of the bad press you see is a product of groupthink and isn’t based in reality.

People make decisions based on emotion. If 10 people told you not to go to law school because the job outlook was no good, would you be scared to take the plunge? Most people say yes, some even reconsider. The optimist thinks, “Maybe if I don’t get a job in the private sector I can clerk for a judge.” Using logic, consider history. Do you think the need for lawyers has decreased? There are always new and developing practice areas, you just have to pay attention and think out of the box to find the practice areas with available work.

Economies and job markets are cyclical. When I graduated from law school in 2002 the insurance defense jobs were plentiful. It was easy to get a job. Today this is not the case. Tomorrow it will not likely be much better, but who knows where things will be five years from now. Where will you be then? Maybe you take a lower paying associate position now and in five years when you are ready to move up the ladder the markets might be very favorable. The best way to handle the economic fluctuation is to budget and manage your finances, keeping your chin up and nose to the grindstone.

Making the best of a poor economy is easy if you practice optimism. Self-fulfilling prophecies are dangerous in down economies. If you believe there are not jobs you are less likely to work hard to find a position in law. Meanwhile, there are people out there who are so busy they have a hard time understanding how some lawyers cannot find any work. You have to go to the work, aggressively, and with hat in hand sometimes, always believing the next win is just around the corner. Optimistic people tend to create situations that serve their best interests. Engage in optimism.

If you have extra time you should get involved. If you are looking for job offers, referrals and good contacts, then you should get involved in your community. Think about social networking websites – you likely know more people than you think. If you take the time to connect with people in your network then you will have a chance to tell them about you or your firm and the services offered. If the price is right, you might attract work from someone who otherwise might have gone to a legal document company or do it yourself resource. The best way to market yourself in a down economy is to tell many people what you do and engage in dialogue to find out if you can help them or someone they know.

Closing the loop on negative media, consider that in good economies we might hear more about tort reform and the lawyers making very large salaries. How likely is it that the average lawyer is at either end of the spectrum of the economy? Ignore the bad press and keep busy.