Zen and the Art of Staying Alive As a Lawyer

My wife just sent me a great article about incorporating Zen practice into the practice of law.

Click here to take a look.

I really resonated with the piece. Although I always advocate a hard-boiled, non-nonsense, pro-capitalist approach to the practice, life and everything else, I do believe that incorporating some sort of meditative (read: introspective) practice into one's life can add real value--and even save your life! What with the high incidence of suicide, substance-abuse and burn-out, incorporating practices that actually nurture your psyche can keep you on the straight and narrow road to success, although perhaps on a 'road less traveled by'???

For a further spin on "Zen" and the practice of law, click here.

Have a "mindful" day!

Pete Smith, Esq.
Managing Director
BCG Attorney Search San Francisco
http://bcgsearch.com/pete_smith.html

Don't Quit Your Day Job

Are you thinking about leaving the legal profession? Not sure what's next? Are you considering quitting your law firm job so you can figure out a good next step?

I have written a piece which appears on the BCG website. You may want to read it before you pull the trigger!

Business Planning for Mobile Partners

Law is a business. You may have gone to law school to become a professional; but as you get more senior, your marketability will not be determined by your legal skills. Instead, your ability to make a lateral move is likely to be determined by your "portables". While you can demonstrate the value you bring by providing the new firm with several years of information about your originations, a better practice is to come up with a business plan which shows how you would leverage the new platform to generate work.

My colleague, Jamie Bailey, from BCG's Chicago office, has come up with a great outline to help partners put together an effective business plan. It is a great starting point for anyone contemplating a lateral move. And if you are not at that point yet (i.e. if you are still trying to evaluate your experience, I have created a career audit for partners. Send me and e-mail and I'll be happy to share. It is not an on-line tool like my associate career audit, but eventually, it will be available on-line.

"Nice" is out; "Accomodating" is in

Just saw a great little article by Kate Lorenz, editor of CareerBuilder.com. She talks about the pitfalls of the "Nice"-ness syndrome. Apparently there is a new study . . . (one every day, it seems!)--at any rate, it indicates that many behaviors considered "nice" are actually career killers.

Now before you get your back up--let me explain. First of all, you should browse over to the article yourself.

The upshot is that simply taking the fall for others' mistakes without insisting on appropriate readjustments of schedules and expectations, working without breaks until you become frazzled and inefficient and otherwise taking all the 'grunt' work from others, will simply get your fired.

Implicit in the article is that what you need to do is adopt a new paradigm: accommodation. The point is that you are certainly going to help others out if they err, you can certainly take on new projects even when busy--but you have to do it with the appropriate management mindset.

What is that? Hard to define, but my wife came up with a great new trigger-phrase: "project-manager mind". The idea is that if you are constantly thinking about your work and your place in the organization as one part of a whole, you can start making decisions in light of what is best for everyone--including yourself.

For example, if you saw a co-worker taking on ONLY thankless tasks, what would you advise him/her? Obvious when you look at it that way, huh? Similarly, if you saw a co-worker taking on multiple extra tasks when s/he is already swamped, would you pat them on the back, or tell them to grow up and start saying "sorry, no"? Again, obvious.

If you can see this as a failing in others, start seeing it as something to root out of your own suite of office habits.

Remember, being polite and considerate and light-hearted and optimistic (often attributes included in the dubious penumbra of "nice") doesn't mean you have to be self-sacrificing, boot-licking, irrational and inefficient. Something to think about.

Pete Smith, Esq.
Managing Director
BCG Attorney Search - San Francisco
www.bcgsearch.com

It's a Mad, Mad, Mad, Mad Market!

If you are old enough, you remember the movie from which this title is stolen. If not, you may get the idea anyway. Observant recruiters are now licking their chops--all is falling into place for them--and, by extension, for lawyers at all levels. All the signs are there for another sonic boom (in the positive direction) for the need for attorneys at all types of firms everywhere. Put your seatbelt on.

A few items of note:

1) The attorneys in this country are aging--the boomer generation is retiring. This means that the talent pool for leadership at firms is shrinking and about to shrink precipitately. This is good, of course, for those at the point of taking the reins, and it is good for everyone down the totem pole--there is room to move up for all.

2) Business is STILL BOOMING. Despite the slight market hesitations right now in the housing market (and the very recent slight drop in the DOW and S&P today), all market indicators say that the global economy is only continuing to heat up. It is difficult for us collectively as a set of markets to comprehend the amazing growth going on--there are bound to be some slow-downs, sometimes!, in any market. There is no such thing as perpetual growth with never an interruption. However, even in those markets that the gurus are watching are fundamentally strong and going to remain strong. This means, of course, more deals, more of the time--more work for lawyers on all fronts.

3) Inflation is dead; even deflation has been put on hold. If you read and watch, you know this is true (although maybe I'm overly bullish on the threat of deflation). Regardless, the economy has the room to grow even more---the total wealth of the world is increasing, and there appears to be more and more capacity.

4) World stability. Don't laugh. Our little military foray in the Middle-East aside, the world is becoming increasing connected--and in ways that even the 'common man' can understand. Common interests mean fewer structural pulls for political unrest. The new paradigms haven't solidified enough for us to yet worry about any future instability that the new alignments will engender--bottom line: growth, unimpeded and unstoppable.

Thus, we are confronted with a world there there are more opportunities, and for fewer professionals to fill as a percentage of need. I therefore predict that the need for talent is going to become the single most important factor facing commercial interests in the immediate future and in the next 20 years. This means more jobs and better compensation, folks!

It's just a "mad, mad, mad, mad world"--and please remember that at the end of the movie, after a maniacal chase across the globe, the fabulous treasure is unearthed afterall.

Just a thought.

Pete Smith, Esq.
BCG Attorney Search
www.bcgsearch.com/pete_smith.html

How to keep associates happy?

Frank M. D'Amore had this interesting article last month in the Texas Lawyer on stemming associate attrition at law firms. Frank had some compelling recommendations for firms, like requesting direct regular feedback (not just yearly) from associates, more associate integration activities (like one-on-one attention from partners and well-thought out events), and also really rewarding associate successes.

Frank makes a special point to say that this new generation of lawyers value work/life balance more than its preceding generations. I agree with Frank. And I can tell you that any firm that makes strides in this area will make serious headway in its associate retention numbers.

Texas is undergoing another round of associate salary increases. Rumors abound about which firms will raise and which ones will not. I can't help but think about whether this latest round of increases will have an effect on associate satisfaction. Undoubtedly more money will equate to some level of happiness for some. But higher salaries do not materialize from the air. There is a price. We can debate and debate where the money will come from (lower PPP? higher rates for clients? partners billing for associate-level work?), but there will be some trickle down effect for associates at some level and to some degree, associates will be working harder for their dough.

Wouldn't it be nice if some of the Texas-based firms didn't jump on board with the salary increase and instead reduced their billable hour requirements? Wishful thinking or recruiting brilliance? Unrealistic naivete? As Brian Wilson sang, "wouldn't it beeeee nice?"

Guest Blogging is In

If you are thinking about blogging and want to try it out for a while (without the commitment), consider becoming a guest blogger on someone else's blog. I invited several of my BCG colleagues to become guests and their posts have added a new dimension to this blog. For them, it is a chance to write about career issues while not having the same level of commitment that an active blog can require.

Guest blogging is also a way to get visibility for your own blog and today, I became a guest blogger on JDBliss Blog. I will be blogging there mainly on the subject of alternative legal careers, though my first post is about my career audit tool.

I have also posted on Penelope Trunk's blog, The Brazen Careerist. A few days ago, she wrote a very nice post about me and I saw a nice increase in traffic on CounseltoCounsel.

Harry Potter, Esq.

Don't worry--I won't reveal anything about "Harry Potter and the Deathly Hallows." On the other hand, I couldn't help but gush just a little about it. A truly amazing book. Reading Rowling is such a treat--it is such a rare pleasure to read a book by someone of her intelligence and attention to detail. The book definitely satisfies all longings for intricate detail and answers--many are given.

Like many, I sometimes wish I could be as brave, as loyal, and crazy and powerful as Harry--"the boy who lived"--but mostly I am just glad to be a normal, uninteresting Muggle. But there is something truly compelling about Harry Potter's world--especially those on the side of good.

The major recurring and most potent themes in the book are the power of friends and the power of trust. To my mind, every one of the seven amazing volumes of Rowling's imagination have trumpeted the power and necessity of trust and of valued friends to a wholesome, satisfying and enjoyable life.

I only wish I could put this into practice--and that I had put it into practice long ago. Nevertheless, just as Rowling hints on more than one occasion--it is never too late to start trusting, to start building bridges between people, to begin new habits.

Here's to hoping your professional life can become exemplified by trust, by a strong group of treasured friends and advisers, and by an outlook of resolute dedication to excellent and fairness. Yeah. It's OK to say stuff like that. Even if I am just a Muggle.

Pete Smith, Esq.
Managing Director
BCG Attorney Search
San Francisco
www.bcgsearch.com/pete_smith.html

LinkedIn Etiquette

Have you ever been invited to join someone's LinkedIn network? I have been getting requests with increasing frequency and I'm not really sure how to respond. But Penelope Trunk at Brazen Careerist has some sound advice (which I plan to follow.)

Getting Control of Your Hours

The central career issue of our day is finding meaningful work which leaves time for our personal lives. Professionals who charge for their time know this firsthand. In the legal profession, where the pressure to bill more hours has never been greater, this is particularly true.

But choosing a career in law does not automatically require you to sacrifice your whole personal life. With some deliberate thinking and good career planning, it is possible to enjoy a measure of work/life balance even at some of the top law firms. Here are 5 tips for making this a reality. While this list is based on what I know about the legal profession, the principles apply to other professional services business as well.

1. Focus on work that has predictable flows.

Following your interests is good career planning. But most of us have multiple interests. If you have the choice, choose work that is more predictable. In law, stay away from high stakes litigation where you will be subjected to unpredictable deadlines. Avoid becoming a high powered “deal lawyer” who works on large mergers and acquisitions, IPO’s or other highly time sensitive transactions. Stay away from entrepreneurial clients who want everything to happen yesterday. Instead, choose to focus on work that has more predictable deadlines. In corporate practice, that might mean securities compliance or bank lending. In real estate, that might mean leasing work. If you do choose to spend part of your time on “interesting” litigation matters, make sure you balance out your work with other matters that are less time sensitive (e.g. appellate work.)

2. Early in your career, be a “yes” person and do great work.

If you demonstrate early in your career that you are ready, willing and able to sacrifice nights and weekends for the sake of the firm, you will have a lot more leverage to say “no” when you are more senior. Your ability to say no later on will also increase if you earn the reputation for doing great work.

3. Build strong partner and client relationships.

Taking the time to build your relationships with partners and clients will also give you move leverage in the future. If you have good relationships, you will find it easier to ask a partner or a client if he or she really needs something by the following day.

4. Find a firm where the culture supports outside interests.

Believe it or not, firm cultures do vary. While work/life balance is hardest to achieve at large law firms, there are some small and mid-sized law firms that do high quality work but still manage to allow partners and associates to pursue personal interests. Of course you have to do a lot of homework to find these firms; but they do exist. Talk to associates and ask them what they do outside of work. Find out whether partners are at the office after 7 p.m. on a regular basis.

5. Learn some time management skills and learn to delegate.

I left this one for last because time management does not solve the underlying problem if you simply have too much work to do. On the other hand, managing your time and learning to delegate more effectively can help you to make better use of the limited time that you do have for work.

Keep in Touch

In marketing professional services, it is critical to find ways to remind past clients that you are still thinking about them. It is too easy for a client to come in contact with another service provider when a need arises.

Many lawyers are cautious about becoming too much of a "pest". But clients rarely feel that way. Instead, here are some good guidelines for keeping in touch.

Associates can do this too. Of course, it is important not to step on the toes of the partner relationship. But if you find that you have connected in some way with a client (during a deal or a piece of litigation), don't hesitate to call every so often to say "hi" and ask how things have turned out.

Lawyers On Call?

Deborah Epstein Henry, president and founder of Flextime Lawyers, proposes a model for making job sharing work in the legal field. If doctors can be "on call", she argues, then why can't lawyers? With job sharing, one lawyer might work Monday to Wednesday and the second from Wednesday to Friday. Work that needed to be done on weekends would be negotiated between the two job sharers. Clients would be told that they can call either attorney. Clients would not pay for any time that the attorneys spend updating each other before "signing out"; but team briefings that occur in the ordinary course of a litigation, for example, could be billed to the client.

The demand for these types of working arrangements is clearly already there on the associate side of the table. Law firms just need to catch up to other fields (and corporate law departments.)

Finding Balance May Mean Living With Less

Years ago, I remember reading several funny pieces in the American Lawyer by large law firm refugee, Cameron Stracher. Since that time, I have seen some of his articles in the Wall Street Journal. While I have never read his books on the legal profession, he is a strong and entertaining writer and I imagine his newest work, Dinner With Dad, is a good read as well.

What is interesting to me is that after he gave up large law firm life for in-house practice, Stracher found himself just as busy as ever. And because of some corporate changes that were in the works at his company (always a risk of in-house legal jobs as I have noted here), he jumped back into private practice and found his life once again out of balance. Now he writes about his efforts to be home for dinner every night.

Personally, I have never opted for that sort of existence but I can say with certainty, that there are trade offs. If I worked longer hours, I might earn more. If my wife had gone back to work sooner, (she was out of the work force for 7 years--until just this Spring), we would have saved more. Instead, we have chosen to forgo the annual winter getaway with the family. We have not been able to put as much money into our house as we would like. We have not saved for retirement at a rate that I believe is prudent; and we continue to drive our aging cars.

But our kids are doing great. They are well adjusted, all doing well in school and all have multiple interests. Teachers consistently rave about what a pleasure it is to have them as students and although we as parents, don't always get to see our kids on their best behavior (who else can you abuse if not your parents!), to me, living with a little less has been well worth the trade off.

I'm not saying that I truly know what it is like to live without. By most measures, we are comfortably upper middle class. But we live in a community where winter getaways and ski weekends are the norm. Many of our neighbors have been doing major renovations on their homes. So in a relative sense, we are doing without. It's not always easy to see the empty bank account; but I think it would be much worse to not see my kids.

Mergers Increase Profitability--But For Whom?

A recent study by consulting firm Altman Weil concludes that large firm merger mania is increasing profits at AmLaw 100/200 firms. At the same time, advancing to partnership has become more difficult at most major firms. If the number of equity partners at large firms is growing more slowly than the overall growth in headcount, then increased profitability may have as much to do with the pie being split amongst fewer partners as it has to do with the "success" of these mergers.

If I were conducting the study, I would take into account any changes in the partnership ranks at merging firms vs. non-merging firms. My understanding is that when firms merge, part of the deal often involves deequitizing some of the less profitable partners. Therefore, if you don't control for this factor, I think it is hard to conclude that merging is for the greater good. It may very well be the case; but this study doesn't prove it.

Is "Up or Out" In or Out?

Law firms are conservative institutions where change comes slowly. It does seem, however, that "up or out" partnership models are starting to be replaced by alternatives that allow good talent to stay on in something other than a partnership role. The ABA' Law Practice Magazine has a good article on the trend.

There are so many reasons why "up or out" is outdated. Few of today's law school graduates expect to achieve partnership (based on my own anecdotal evidence.) Many talented associates are interested in finding more work/life balance and are willing to compromise on salary. Also, in 2007, it makes no sense to give professionals one shot at advancement. Law firms would do much better to create multiple steps to partnership.

For Gen X, Time is the New Currency

Penelope Trunk, author of the Brazen Careerist, talks about the importance of "time" vs. "money" for Generation Xers. Baby Boomers were willing to work long hours to achieve financial success. Gen X, according to Trunk (and to many other career gurus,) is much more concerned about having time in their lives for relationships.

Unfortunately, for the most part, large law firms have not yet figured out how to capitalize on this. Whoever does, though, will have access to a huge pool of great talent.

Defending Against a Bully

I've worked for bullies in the past and I also know that law firms are filled with them. Becoming a parent and observing the behavior of infants, toddlers pre-schoolers has given me some good insights into the psyche of a bully (my own personal view is that bullies are stuck in some earlier developmental stage in their lives--ever see a grown man have a tantrum?)

Also, anyone who has tried to train a dog knows how important body language is in establishing dominance over an animal. Learning how to communicate strength through your body language and use of eye contact can help you project more power (watch your dog tuck his head down in submission if you stare at him from above.) Here is what an expert on workplace conflict has to say on the subject.

Making Time to Do Nothing

Two out of our three children are away at overnight camp for the next few weeks and the house is pretty quiet. For the past several months, my wife and I have both been plotting what we could accomplish during this time (i.e.with fewer meals to prepare, less laundry, no soccer games to drive to and only a dog and an eight year old to supervise.)

This past weekend was our first test of how much we can accomplish with a half empty nest. And I'm proud to say that accomplished almost nothing.

The weather was great, a lot of the neighborhood was away on vacation, and we did a whole lot of nothing. Instead of rushing from one activity to the next and squeezing in some time for work and house chores, we did little planning and a lot of hanging out. I sat on one neighbor's porch and had a conversation. We walked our dog and stopped in spontaneously on a friend who lives a few blocks away.

It's Monday morning and I feel recharged and ready for a productive week of work. It was a good reminder that sometimes we just need to do "nothing". And now that it is summertime, I look forward to having more days filled with nothing so that I can be even more productive when I am actually working.