How Cogs Can Distinguish Themselves

The "Snark" effectively uses his sarcasm to articulate how large firm associates can move from being a "cog" to becoming a partner. The key is to try and distinguish yourself from the pack. Doing great work and billing a lot of hours will not set you apart from any of the other associates who are doing the same thing. He suggests 3 ways to effectively distinguish yourself: 1. cultivate your relationship with your rich uncle who is head of mergers and acquisitions of Ubercorp, 2. develop a marketable niche and 3. hitch your wagon to a powerful partner.

These are all good suggestions but only one of them is easily achievable regardless of your background: develop a niche. Developing a niche does not mean that you will not do other types of work. The "niche" is what you use to market yourself. Pretty much anyone can develop a niche. All you have to do is start writing and speaking about a subject and suddenly, the world will see you as an expert (maybe this is a little simplistic, but you get the idea.) Just beware of the "pigeon hole".

Having rich and powerful family members who can give work back to your firm is not something that most associates can claim. But learning how to make rain is important and it is never too soon to start. Furthermore, almost any associate can get out of the office and begin cultivating business relationships. So if you don't have a rich uncle, start thinking about building those relationships outside of the firm. It is unlikely that you will receive encouragement to do this when you are a junior associate. But over time, these relationships will position you to generate work. More importantly, your business development potential will be seen as a very positive factor when you are up for partner.

Finally, while hitching your wagon to a powerful partner may increase your chances at partnership time, this is a risky strategy. Even if you are fortunate enough to develop a good working relationship with a particular partner, your read on that partner's position in the firm may not be correct (you don't attend partnership meetings and you are not privy to behind the scenes discussions amongst partners.) In addition, given the rate of change in the legal profession, that partner may leave and with his departure will go all of your political capital. A safer strategy is to get known by many partners and to volunteer to work on interdepartmental committees so that you cultivate relationships outside of your practice group.

What's Up For 2008?

Consulting firm Hildebrandt International has teamed up with Citi Private Bank to provide interesting predictions about the legal profession in 2008. You can download the report for free by clicking here. Basically, the message is that the legal profession continues to be very profitable; but 2008 may be a slower year of growth.

The authors compare 2008 to 2001 and note some differences. While corporate transactional work slowed in 2001, that slowdown was offset by a modest increase in litigation and bankruptcy along with regulatory work generated by Sarbanes-Oxley. But litigation and bankruptcy have remained slow practice areas in 2007 and are likely to be slow in 2008.

They observe that firms have thinned the ranks of equity partners, largely by increasing the numbers of income partners. The authors argue that firms might be better off in the long run by trimming the income partner ranks as things slow down (i.e. avoid resorting to deequitisation.) They recommend that firms move away from lock step compensation systems, increase geographic diversity and continue to control costs. It's a good read and not too depressing. Hopefully their predictions will come true!

Positive Work/Life Signs in Today's NY Times

Work/life balance is not all doom and gloom in the practice of law. The New York Times documents some of the positive developments.

In Uncertain Times, Think Like Mac

I'm a political junkie. While I confess I am growing tired of the current presidential race (can't someone figure out how to move us out of the perpetual election campaign that now begins the day after the president is inaugurated), I find a lot of good life lessons by watching politicians.

Take John McCain, for example. Six months ago, this guy was political dead meat. This past Saturday, he moved a step closer to the Republican nomination by winning in South Carolina, a state which has chosen the Republican candidate in every race since 1980.

It certainly helps him that the facts on the ground in Iraq look a little better than they did before the "surge". But what strikes me most about a politician like Mac is that even in the face of utter adversity, he is unwilling to give up. (Maybe every challenge in his life pales in comparison to the challenges of surviving as a P.O.W. in Viet Nam.)

It takes a lot of narcissism to believe that you are competent to be the leader of the free world. I'm sure that McCain is no different in this regard from any of the other candidates. But McCain also demonstrates a tremendous determination to go on.

My takeaway is that persistence will get you far in life. Despite all the odds, McCain believes he can win and he continues to act like it.

This kind of thinking is far removed from the ordinary mindset of a typical lawyer. Lawyers predict problems. Lawyers counsel client on risks and how to avoid risks.

If you want to build a law practice, however, you need to think like a politician. You need to meet a lot of potential clients and referral sources even though the odds are small that they will have a present need for your services. Over time, it is this determination that will get you the work that you want and deserve.

Sure the news in the papers is bleak. Yes it does seem like we are headed for a recession. But in the long run, your clients will need legal services, in good times and in bad. So stop wallowing in the bad news. Go out for lunch. Send a few e-mail messages. Think like Mac. Just do me a favor and don't vote for him! I'm ready for a Democrat.

Misinterpreting Silence

One of the biggest mistakes I have made in my professional and personal life is misinterpreting silence. While I have gotten better in dealing with silence in my personal relationships , it is something that I continue to struggle with as a recruiter.

The silence I am referring to is a lack of responsiveness. For example, let's say I am working closely with a candidate and suddenly he stops returning my phone calls. My immediate assumption is that he is mad at me or believes I did something unethical.

In fact this is rarely the case (and with respect to doing something unethical, hopefully never the case.) Instead, here are some of the things I often learn when a prospect has been incommunicado: I find out he was sick, he was completely overwhelmed by work because another associate was out on maternity, a family member died, he was moving his office, his computer crashed, he was traveling. In other words, his lack of responsiveness had nothing to do with me and did not reflect a lack of interest in the reason I was calling (much as I'd like to believe in my own egocentric world that I am the cause of everything.)

Still, it is hard to reverse a deep seeded psychological reaction to something. So if you are wired like me and not sure what to do (i.e. when you are trying to reach a prospective client, opposing counsel, a senior partner, etc. and they are not answering) here is the strategy I use:

1. Don't ignore your own feelings. You feel rejected.
2. Talk about the feelings with friends and family to get it off your chest.
3. Wait a few days and try again using a different medium (use voice mail if you last used e-mail or try leaving a message with a secretary if you've already tried the other 2 methods.)
4. Think of all the reasons why you might not be able to return their call (i.e. try to put yourself in their shoes.)
5. If the problem persists, ask them if they are angry with you.

We live in a very busy world and many professionals are struggling to keep up with the multiple demands on their time. In such a world, it pays to be persistent. Don't presume you are annoying someone just because they don't call back. Don't presume they are not interested. Try again. You will be rewarded with better work, better feedback, more clients and overall, a great sense of career satisfaction.

More on Accomplishing Your Goals

David Maister has a new book out on the subject of strategy. His basic premise is that most of the money that companies spend on consultants is wasted. That's because coming up with a strategy is not the problem for most companies. Sticking with the strategy is what really counts and it is where most companies fall down.

While I have not read the book, I have listened to David's latest podcast discussing the book and I think it has a lot of relevance to the New Year (and sticking with our resolutions.) We need to find ways to stick with a strategy which will bear rewards in the future but may be "painful" now.

I see a lot of young associates looking for quick rewards in the here and now. But maybe the best path to career satisfaction is making sacrifices in the present in order to get to the future that we want.

So spending a few years at a large law firm may be painful. But paying down debt while working long hours will give you more freedom in the future. Getting exposed to a busy large firm practice will give you training that will help you enormously even if you opt out to the large firm lifestyle. So what sacrifices are you willing to make right now in order to get to your 2008 goals?

New Year's Resolutions for Cynics

Maybe I'm being a fuddy duddy, but I really don't understand what the Snark hopes to accomplish by writing a column like this. Okay, maybe finding time for yourself (or for your loved ones) is a major challenge if you work at a large firm. Perhaps it is unrealistic to undergo major life change if you are billing in excess of 2200 hours a year. There simply aren't enough hours in the day. But that doesn't mean you can't make incremental change.

Don't have time to exercise? Maybe walking to and from your bus stop instead of driving will give you a little exercise without adding much time to your day. Trying to lose weight but having trouble laying off the french fries? Maybe you should bring (or buy) your own lunch instead of eating the fatty fair that is available at firm sponsored lunch meetings.

I honestly believe that change is possible, even for the large firm associate. I prefer a more positive approach than the analysis provided by the Snark (who basically says: forget about it!) Try Penelope Trunk's advice instead.

And if it is January 15th and you still haven't identified any professional goals for the year, maybe a good starting point is take my career audit which can be freely accessed here.

Taking the Silver (and Running With It)

Mitt Romney and I now have something in common. We both took the silver. But I have a hunch that I am a lot happier with my silver than he is with his. In total, 694 individuals voted CounseltoCounsel best in the Lawyer's Toolkit category in the ABA Journal Blawg100 competition. If you were one of the voter's, special thanks for your support. Overall, only 10 of the 100 blogs on the Blawg100 received more votes (and there were some heavy hitters on the list who reach far beyond your typical legal audience.)

What is so great about this accolade is that it was totally unexpected. I write this blog because it gives me a place to capture my reactions to things I hear and see in the legal profession. And it is one of the most enjoyable things I do. I was a little hesitant to ask people to vote for me and when I found out I came in second, I was a little wary of sending out another notice. But the strange thing is that a lot of people thanked me for sending them the good news.

So the moral of the story is: tell the world about your successes, even if you come in second place. People like hearing good news and the positive feedback you get helps you to savor the success a little longer.

It's All Relative

We all need a certain amount of money to be happy. Without income, we cannot provide ourselves and our families with food, shelter, clothing, entertainment, etc. But how much is enough? For most of us, it is all relative. If we feel like we are being treated like our peers, then we are content. If we feel like we are being paid less than our peers for the same effort, then we are apt to feel underpaid.

This point is well illustrated by a conversation I recently had with an associate at a large firm. This associate works long hours; but her firm is not leading the pack in associate compensation. For the 2200 hours she billed in 2007, this associate received a base salary of $185K (a healthy pay check for most Americans.) The problem for her is that her law school friends at other large firms billed fewer hours and took home an additional 80K (when bonuses are factored in--her firm pays small bonuses.)

In absolute terms, this associate is earning way more than she might have earned 10 years ago (i.e. even after factoring in inflation.) At her level, she might have expected to draw 25% less salary in today's dollars. This is because salary inflation at large firms has outpaced inflation in the broader economy.

So what is the answer? For her, it may mean finding a firm that pays less but demands less. On the other hand, maybe her path to happiness lies in making different comparisons. Maybe she should look at what lawyers in general earn at her level. While salaries continue to skyrocket at the larger firms, the same inflation is not being felt at smaller firms.

In short, she is doing much better than she might be doing if larger firms had not started a salary war. She is doing much better than her peers who did not land jobs at large law firms (and who may be working just as hard.) It's all relative!

Just Pick Up the Phone

There are many paths to building your own practice. Some lawyers like public speaking or professional writing. Some like to get involved in bar association activities or become active in trade associations. Others enjoy leisure activities that put them in frequent contact with potential clients and referral sources (e.g. golf, spectator sports, wine tasting, etc.)

But when you get right down to it, these activities mainly fall into the category of marketing. And marketing alone is unlikely to generate legal work (at least in the short run.) I was reminded of this by an article I read yesterday about cold calling.

As an individual who does a lot of marketing, I am taking this to heart as we enter the New Year. Maybe a lot of lawyers realize that I am in the search business because of all the writing I do. Maybe a lot of potential candidates have seen my blog, read my column in Massachusetts Lawyers Weekly or received one of my broadcast e-mail messages. These activities have helped to build my visibility and presumably, my reputation. But they are no substitute for calling firms to find out who is hiring. If I rely on marketing alone to find candidates, I will not have a big enough pool of talent to serve my clients.

So who have you called lately? Do you check in with your clients to find out how they are doing? Do you call old law school classmates to learn what they are up to? Do you schedule breakfasts and lunches with your referral sources?

Cold calling is probably an ineffective strategy for most lawyers (though as law firm marketing becomes more sophisticated, I imagine that a greater number of firms will employ business development specialists to generate leads.) But nurturing new and existing relationships is absolutely a good strategy and one that anyone should be able to follow.

Now if I could only stop procrastinating and get on the phone! Maybe 2008 will be the best year ever!

A Radio Interview With Yours Truly

Well, I'm back. In case you were wondering why this blog has been inactive since mid-December, I have been busy following my own advice (i.e. taking a 2 week vacation and NOT checking in.) Although I am severely jet lagged today, and somewhat depressed to leave behind a tropical paradise in exchange for the crappy weather that comes in January in Boston, I can honestly say that I am completely converted! Two weeks away in the sun in a different time zone is a very healthy way to end the year. Disconnecting is a great way to get rid of headaches and improve your digestive system!

I have a lot more to say on this subject, but I also have a lot of catching up to do. So I will simply end this post with a link to an interview I did just before I left. The interview is with Cole Silver of FindCareerSuccess.Com . Cole is a lawyer who consults with attorneys and other professionals on career and marketing issues. He has worked both in a law firm environment and as a general counsel. The interview provides an overview of ways that lawyers can get more out of their law firm experience.