Attorneys in Transition

J. Nick Augustine, J.D., is the principal of Pro Serve Public Relations, a PR firm for law, finance and small business in Chicago and Naperville. 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.

Many Chicagoland law students who live or work in the city and suburbs encounter family law opportunities. In DuPage County I launched my legal career working for some fine family law firms. The experience exposed me to some of the less than fine firms as well. Not all family law needs to involve screaming lawyers and clients and law suits over fees. I am happy to share the Collaborative Law Institute and collaborative family law with you.

5 reasons you should consider collaborative family practice:

1.       There is added value in staying out of court. In collaborative family law the parties hire lawyers but sign an agreement not to go to court. The team of professionals includes the lawyers, mental health experts and neutral finance professionals. When you help parties learn to work together toward the future instead how to prepare for battle, a favorable outcome is likely.

 2.       Lawyers can more effectively spend client retainers. When legal fees are not spent on court appearances, you can focus on research, advice and counsel. Too often representation of your client and children’s best interests take a back seat to trial practice. I say spend the billable time researching, drafting and negotiating a good settlement and parenting agreement.

3.       Reduced ARDC risks are good for insurance. Family law attorneys, especially the ones who sue clients for fees, get inquiry letters from the ARDC at a higher rate. If your practice is largely or wholly collaborative, I say you are less likely to encounter discipline and you should make an argument to your professional liability carrier to reduce your premiums accordingly.

4.       The Collaborative Law Institute offers educational opportunities. I know many fellows in the Collaborative Law Institute of Illinois and have attended their events. The opportunity to learn savvy practices and meet other professionals is refreshing. I’ve attended many family law events and most attorneys spend their time telling war stories – which is good – meeting new people who can send referrals is better.

5.       Happy clients with met expectations are better referral sources. One of the elements of collaborative practice is a meeting of the minds regarding expectations at the outset of representation. You can meet your objective goals when you aren’t sideswiped by 201(K) letters, motions to compel, and custody depositions and hearings. The result: happier client who tells their friends about you and refer new clients.

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.

WARNING:  This post is riddled with eye-rolling Halloween puns and references.

In honor of Halloween, I thought it fitting to share document review horror stories for a laugh (though, not a ha-ha laugh, more like an evil witch laugh). Working in the staffing industry makes me privy to some pretty spooky stories (ok fine – it’s gossip, but just for this one Halloween post).  When confronted with situations similar to the bloodcurdling scenarios below, it’s appropriate to run screaming in horror to your next, less terrifying document review.

1. On one paper document review where contract attorneys were paid a measly $15/hr, dead rodents were found in the boxes!
2. There once was a document review so petrifying that the fire marshal came to shut it down due to overcrowding.
3. Goblins and ghouls are not as scary as working in a moldy basement.
4. There is nothing more chilling than arriving to a project promising 60 hours and time and a half for OT to learn that the hours are actually capped at 40 – especially when you are making $25/hr.
5. Talk about hair-raising! Recently contractors earning $28/hr learned mid project that their hourly rate was being reduced to $25/hr effective immediately. All I can say is BOOOOO!
6. Attorneys were herded into a law firm’s creepy basement to sit on hard chairs. They were supervised at all times by a law firm attorney who would not pay them for hours they were required to spend waiting for him to return from meetings. Horrifying AND illegal!
7. Contract attorneys at work in an agency facility were told not to drink the agency’s coffee, congregate in break rooms, and were forced to take a longer route to the restroom in order to avoid being seen by temp agency employees. Sounds like these contractors work working for the Witches of Code-wick (ok, that was a stretch)!

Document review projects should be less like haunted houses that rattle like the chains in a skeleton’s closet and more like a nice calm game of bobbing for apples (or in this case, bobbing for the relevant documents). Have a happy and safe Halloween full of scary costumes, piles of junk food and spook-free gainful employment!

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.

Attorneys who have spent any time doing document review over the past few years know that it can be poorly received on a resume. If you are lucky enough to get an interview for a legal job outside of the document review world, you could spend half the interview explaining exactly what document review is.  You could also be faced with a myriad of questions about when the last time you did actual legal writing or appeared in court was. And, if that time was over a year ago when you were in law school, you might spend the entire interview feeling a little foolish for having put on your good power suit and taken time off your doc review job to go talk about your glory days from the past. Biting questions like these can make a doc review attorney feel like they need to carry around wooden crosses and garlic spray. So what do you do when, despite your impressive resume, you find yourself in an interview with a vampire?

When interviewing for more traditional legal jobs, attorneys who have been doing document review can face an uphill battle. Discovery is such an important aspect of the litigation process. The work is by no means easy. Typically, each case requires learning a completely new, usually scientific subject matter, cast of characters involved in the case, and area of law. Nonetheless, what happens in e-discovery is largely invisible to attorneys who do not regularly work in this area. If an interviewer asks why you were only at your last job for less than a month, what the size of your caseload is like at your current position, or exclaims, “That sounds awful!” after you explain what document review is (all of which have happened to me during interviews), what can you do to prevent major blood loss from the bite wounds?

My best advice is to take your cue from one of the best, Buffy the Vampire Slayer. Keep a close network of friends that you can (usually) trust and who will allow you to vent about all of your near-death encounters with people who devalue the work done by document reviewers. Don’t give up. People do find meaningful legal work after spending years in document review because many firms do understand that it takes a quick-learner who is goal-oriented, persistent and disciplined to last in the document review world. Finally, hone and display your “slaying” skills. Highlight writing, research, client counseling and trial work that you’ve done on a volunteer basis since graduation. Most of all don’t be ashamed of who you are and where you came from.

Remember, it is literally a battlefield out there. If you are used to getting the job whenever you get the interview, things have changed; it’s not necessarily you. If some interviews left you feeling “drained,” I have two more suggestions. Try scheduling your next one during daylight. Also, wear silver.

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 …