How Women Suceed (or Fail) at Business Development

Until recently, not much research had been done on the barriers that women face in trying to develop a law practice. Dr. Harry Keshet of Keshet Consulting and former director of the LSSO Women Attorney Business Development Study (LSSO), has now done some interesting work on the subject. Dr. Keshet, an organizational psychologist with over 2 decades of experience in coaching attorneys , has put together a discussion of a research project he ran last year and he has given me permission to put the material on-line here. The paper outlines the strengths that women bring to business development and the obstacles that get in the way. He identifies the unique factors which are strong indicators for business development success for women. He also suggests a number of ways that firms can better support women in their business development efforts.

The "Haves" vs. the "Have-Nots"

Several days ago, I reported on the good times that are being felt in the associate ranks at large firms. But I commented that these good times are not evenly spread across the legal profession. Today, the WSJ underscored this point with a very sobering article about lawyers who graduate from less prestigious law schools (special thanks to my colleague Suzanne Howe, a regular contributor to this blog.) It seems that the legal profession is rapidly becoming a profession of haves and have-nots.

But for anyone reading this more solemn version of reality, I would offer the same career advice. Don't pay too much attention to the headlines. While the article cites several prominent examples of law school graduates who are unable to land permanent legal jobs, this probably overstates the case. Most law school graduates do find legal employment and most are able to meet their debt obligations without living in poverty. More importantly, any one individual only needs one job. While it may be a tougher to find your place if you don't have the academics, you can still be successful if you work at it! It just may take a little longer and require a few more steps.

A Lawyer Walks into a Bar is now out on DVD!

If you recall, I screened this documentary at the SXSW film festival last spring where it garnered great reviews. The highly compelling film depicts the tale of 6 poor souls struggling to prepare for and take the abomination that is the California Bar Exam...and then waiting, waiting for the results!

The film has garnered quite a bit of attention. After premiering at SXSW, it was screened at the the Newport Beach Film Festival, the Independent Film Festival in Boston, and actually won the AFI Dallas Texas Competition. It has been written about in the Wall Street Journal, Premiere Magazine, and the Village Voice. AND in conjunction with its release on video this week, it will be profiled on Ebert & Roeper this weekend! Program your DVR!

The movie is now available on www.Amazon.com. Check it out! I think it should be required viewing for anyone pondering a career in law. Read more about the movie starring Alan Dershowitz, Nancy Grace, Joe Jamail, Mark Lanier, Scott Turow, Robert Shapiro, and Eddie Griffin at www.alawyerwalksintoabar.com

Jung, Dreamwork, Success

I have a new pet theory. I have a strong hunch that the generally diffuse, virulent and pandemic dissatisfaction with law practice--and the concomitant prevalence of alcohol- and drug-abuse (and otherwise compulsive behavior) among lawyers has a particular and rational cause.

The Root

The cause, I believe, stems from our emphasis on the rational, the logical, the reasonable, and, frankly, sterile logic, that our profession demands. This, on top of a similar, but less extreme, bias in the general public, seals our fate: We as attorneys are cut off from the vital, fantastical, and creative part of our lives. The source of that life? The unconscious. It's manifestation? Our dreams.

Jung's Theory

Even a cursory reading of Jung's work for the layman "Man and His Symbols" makes a powerful case for the need for the re-integration of our unconscious selves into our conscious mind. That sounds airy-fairy, I admit, but there is a powerful and fairly low-brow way to accomplish this: pay attention to our dreams.

A New Philosophy

If we begin to take the philosophical--even rational, scientific--point of view that all of the aspects of our existence are there for a reason, or, at the least, cannot and should not be ignored, we might be able to begin treating that part of our life that occupies a full third (hopefully!) of our lives (only a quarter if you work for an AmLaw 200 firm) with some respect.

Getting In Touch With the "Primitive"

Legion theorists and still more theories and case-studies underscore the need for purported "modern" man to get re-acquainted with the unconscious. On the most banal level, we ought to pay attention to this aspect of our lives because it is an important, if not the sole, source of all our creative and generative output.

My hypothesis is, then, that we are far worse attorneys if we continue to allow ourselves to be cut off from the source of the creativity that our practice, and frankly our logic, needs. For more on the subject, click here.

Happy Days Are Here "Still"--at Biglaw

All economic signs indicate that times are still good at biglaw. Today I read that Sullivan and Cromwell is changing it's compensation structure for senior associates and adding in a "supplemental bonus" which is tied to firm performance. Rumor has it that this will add as much as $30,000 to the paycheck of a senior associate which in turn, could bring total compensation up to...GASP...$400K (if you assume a $60K year end bonus.) In addition, the competition for talent remains high and this is causing firms to get more creative with recruiting. In another item reported today in Law.com, Quinn Emanual has decided to try a "72 hour" interview.

Of course the fruits of these good times are not spread evenly. If you happen to be a recent graduate of a top law school and you are currently working at a large firm (particularly in a transactional practice group), then there are a lot of suitors who would like to speak with you. But if you chose the litigation route or ended up at a smaller firm, your market cache may be somewhat less. Similarly, if you are a very senior associate, even at a top firm, then you might find that your marketability is not high as it once was.

To me, the takeaway is that it is important to look beyond the headlines to understand your own place in the economy. What is happening in the most highly publicized sectors of the profession may have little bearing on your own situation.

Opting In--A Group for Professional Women

Ellen Ostrow, of Lawyers Life Coach LLC, is forming a group for female lawyers who are trying to get back into the work force. Ellen is a psychologist who writes and speaks a lot on career issues facing women in the law. I've been very impressed over the years with her articles and newsletter (which is available on her website by free subscription.) Here are the details from a recent e-mail I received:

Who should participate?

Attorneys who have been away from law practice to care for their families for a year or more and want to return to practice.

What will the program cover?

• Clarifying job and career goals.
• Self-assessment of strengths, transferable skills and training needs.
• Effective networking.
• Finding jobs.
• Self-marketing.
• Interviewing skills.
• Working with your family to prepare for the transition.
• Negotiating for part-time work schedules.
• Work/life balancing strategies.

How will you benefit?

• You will receive coaching from two very experienced coaches.
• You will connect with other attorneys facing the same challenges.
• You will get support, encouragement and opportunities to practice from the group.
• Group members will learn from one another’s experiences.
• The group will jump-start your network expansion.
• You’ll be able to take what now seems like a daunting process and break it down into manageable pieces.
• Special “bonus” calls will feature:
  • Employers giving advice about what they’re looking for
  • Attorneys who’ve already successfully opted back in telling you what has worked for them
  • Career counselors providing tips on resumes and interviews
  • Headhunters supplying information about the job market
  • Experts on part-time work offering advice on how to negotiate schedules

When will the group meet?

The group will meet via teleconference call for 90 minutes on Thursdays at

• 12:30 – 2:00 PM Eastern time
• 11:30 AM – 1:00 PM Central time
• 10:30 AM – 12:00 PM Mountain time
• 9:30 – 11:00 AM Pacific time

The group will meet twice/month beginning Thursday October 4, 2007.

We will begin with a plan to meet for three months. If current participants are interested in continuing and new people would like to join, we’ll continue the group so that you can participate for as long as you’d like – all the way to celebrating your new job!

How many people will be in the group?

In order to ensure that every participant receives sufficient time and attention to effectively craft and implement a re-entry plan, group size will be limited to 10 participants.

Enrollment is on a first-come-first-served basis.

Shifts in the Zeitgeist

What do Giuliani and Mother Teresa have in common? Perhaps they share a permanent "smile-in-the-face-of-adversity." The difference? The source of Giuliani's pain is public, overt, sensational, epic (9/11). Teresa's pain? Covert, hidden, spiritual, obscure. Regardless, their respective approaches share an underlying similarity. They both exemplify a move away from the hedonism, indulgence, materialism and shallowness of the post-WWII decades, and towards, perhaps, a grim new reality. A reality, perhaps, where the cautious, perfectionist and angsting temperaments stereotypical of lawyers may actually be in the center of popular culture and "world feeling." It will be curious indeed to see where this leads. For more musings, click here. (Portrait is of J.G. Herder, who popularized "zeitgeist" into the German isogloss).

Learning to Make Rain

Job security is largely gone in the legal profession. Building a practice is the only way to ensure your longterm marketability. While many lawyers still build very successful careers as service partners, it is the the partners with portable business who hold most of the playing cards.

The challenge for most associates, however, is that no one teaches them how to begin originating work. In fact, at most large firms, partners tell associates to focus on client work. Few associates are being encouraged to market themselves and most are given incentives to bill long hours. Associates are generally not compensated for activities that are designed to build the associate's reputation or business connections.

In the short run, you may build your political capital at a firm by being a great service provider. But it you want to rise to the top, start learning how to generate business. The National Law Journal has a good article to help get you started. And by the way, it is never too soon to start.

Do not expect instant success. In fact it may take five to ten years before you begin to see marketing results. But once you develop a marketing mindset, you can begin to lay a foundation for the business development success that will provide you with much more job security in the future.

Career "Counseling" versus "Coaching"

In a continuing effort to encourage high-functioning attorneys to compete at the highest levels, I’ve asked the attorney career counselors at Celia Paul Associates in New York as well as lawyer coach Neil Olson in San Francisco to chime in on the benefits that such services can provide.

I have found it interesting to compare their respective approaches. Go to my full post on Neil Olson's take on how to help successful attorneys committed to remaining in the practice get further ahead. Click here to read up on the "counseling" approach put forward by Celia Paul Associates for those attorneys contemplating exiting the profession.

Another Great Thing About Being Jewish!

The Jewish New Year, Rosh HaShana, is here. On this happy occasion, it is time to reflect upon the last 12 months and think about my accomplishments and my shortcomings. If things don't work out, I'll have the chance to do it all over in January when the regular New Year arrives.

That's the great thing about being Jewish. You get two bites at the apple! Two chances each year for redemption; two chance to make a fresh start! If I were also Chinese, I would get a third chance!

No matter how many times a year you celebrate the New Year, though, there is always a chance for a fresh start. All you have to do is change your mind set. Think about what you want to do differently in your life (work less, spend more time with your kids, volunteer more often, develop a new skill or specialty.) Then get to it. No matter how many times a year you celebrate the New Year, it's never too soon to change course in your life.

These are my thoughts on this eve of Rosh HaShana. And now, back to my list of ways I want to improve myself in the coming 12 months!

Alternative Billing: An Opportunity?

Rumors of the death of the billable hour are premature. In the early 1990's, I put together a CLE program entitled "Beyond the Billable Hour" in which a panel of partners and consultants predicted that hourly billing would soon face a serious challenge from fixed fee and incentive fee billing arrangements. Today, as we all know, the billable hour still largely rules the legal profession (particularly at larger firms where the highest billing rates are now exceeding $1000 per hour.)

I still believe, however, that there is a great opportunity out there for a firm/lawyer that can really figure this one out. Corporate clients are not happy with open ended engagements and many are continuing to discuss the issue. For example, Law.Com reported today on a survey in Chicago which showed that 85 percent of in-house counsel are experimenting with alternative fee arrangements.

Associates would certainly be happy if less emphasis were placed on billable hours. After all, does anyone really enjoy tracking his or her time in six minute increments? Does anyone really want their professional contributions measured by the number of hours they have billed to clients (regardless of outcome or of the quality of the work?)

So if you want to make a real contribution to the legal profession, focus your creative energies on devising a fee agreement which places much less emphasis on hourly billing. Clients will thank you, your peers will thank you and you will probably find yourself focusing more on delivering value to your clients rather than simply trying to figure out how to bill an appropriate number of hours for the work you have done.

Happiness on the Job

Penelope Trunk offers a short quiz to help predict whether you are happy at work. The list includes: commuting time, manageable work flow, clear and challenging goals and friends in the office. What is most interesting about the list is that it does not include salary.

I think to make the quiz more complete she should include relative salary (i.e. how much you are paid relative to your peers in your company and in your industry.)