A Blessing in Disguise?

That's one way to think about being laid off from your large firm job.

For most of the lawyers I've worked with over the years, leaving large firm practice was an improvement in their lives. That's not to say that the transition is easy or without ups and downs. Few things in life are more stressful than being laid off; and in the short run, there may be some very difficult financial decisions to make.

But in my observation, many lawyers are happier in either small firm practice, in-house or government (and some are happier leaving practice altogether). The potential financial rewards may not be as great (although sometimes they are); but having more responsibility at an earlier stage in your career, having the chance to really build your own base of clients and having more autonomy, all lead to increased career satisfaction.

The key to making a successful transition is to achieve some degree of acceptance of your situation so that you can move on. It's very much like going through the stages of mourning that were identified by the Swiss psychiatrist Elisabeth Kubler-Ross (who actually applied her own model to job loss later in her career.)

In other words, in order to move on, you need to allow yourself to feel some anger, etc. Just make sure that you express these feelings in the safety of your personal relationships or with a coach or mental health professional (i.e. not during your next job interview.)

These are very hard times for the legal profession; the silver lining, though, is that sometimes a forced change becomes the catalyst for making change that will ultimately lead to a happier career. Make the best of the situation, leave on good terms, keep in contact with as many partners and associates as you can (i.e. the ones you actually like and who seem willing to help). If history is any indication, you will probably end up in a better place sooner than you think.

Advice for Summer Associates

My latest article in Massachusetts Lawyers Weekly.

Are You Addicted to Success?

That's a diagnosis offered in today's WSJ (subscription req.) Maybe our culture puts too much emphasis on professional achievement.

While there is nothing wrong in striving for high levels of achievement, the problem arises when achievement becomes your principal source of self esteem. And in the current economic climate, it is easy to NOT be successful.

If you haven't been laid off, your workload may be slow. If your plate is full, maybe your colleagues are not that busy. If you are responsible for generating work at your firm, you are probably finding it harder to generate billings (unless you happen to be involved in providing legal services that relate in some way to advising distressed companies or individuals).

In the long run, I think the current economic crisis will force more lawyers to reevaluate their priorities (e.g. why did I go to law school? what do I really want to do with my life? how can I use the added free time to improve my relationships with my friends, children, spouse and family?) I've long believed that striving for balance is important in both good times and bad. I've written about this many times including a piece I called Striving for Professional Mediocrity.

Personally, I've rediscovered cooking and my wife and I are eating better. I spend more time with our children, our dog gets more exercise, I'm following up with old friends more frequently and I'm taking care of little annoying car and house related projects that have been on the back burner for a long time. It's not that I'm not working hard (in many ways, I'm focusing more energy than ever on identifying business opportunities). But I'm trying to focus more on other parts of my life to derive self esteem.

Yesterday, I played a great squash match. So what are you doing to build self esteem during these challenging times? Hint: focus on areas of your life where you have more control!

Get Out of Your Zone

Your comfort zone that is.

New Blog on the Block

My colleagues at BCG Attorney Search have banded together to launch a new blog entitled the Lateral Attorney Report. While the content will overlap with what I have been posting on Counsel to Counsel, I am excited to welcome another blog aimed at helping associates and partners sort through difficult career issues. The Lateral Attorney Report has already added many new voices to the discourse on the legal profession. I will be participating as a guest blogger from time to time. I hope you will take a look.

Blogging is Good For Your Health

I always wondered why I derive so much pleasure from spending time working on CounseltoCounsel. It turns out that blogging is actually good for your health!

Language Skills and Practicing in Asia

Above the Law has an interesting post for anyone thinking about working in the Far East. While it may seem obvious that fluency in Chinese is a good thing if you are planning to work in China, there may actually be some down sides to fluency. Of course it depends on where you want to be and what country interests you (in Japan, fluency is a big plus.) Some ability in a language may show that you are genuinely interested in the culture. Too much ability may relegate you to tedious document translation in some locations.

Keeping it All in Perspective

We have so much to be thankful for in this country. Having a bad day at work? Think about the people of Myanmar.

Depression and the Legal Profession

Robert Ambrogi writes about the issue of depression in the legal profession. Does practicing law cause more people to be depressed than other professions or are individuals who choose to practice law more susceptible to depression?

I don't personally have the answer but I can offer these thoughts: lawyers spend their days thinking about what can go wrong (in a corporate transaction, in a courtroom, etc.) If you devote a lot of mental energy to thinking about negative things (what if the buyer goes bankrupt before the closing? what if there is toxic waste on the property? what if the opposing counsel cross examines the witness about his romantic relationship with the defendant? what if, what if, what if....) This kind of thinking is critical to the competent practice of law. But it needs to be offset with some big picture thinking (how will this deal advance the client's business interests? how will a plaintiff's verdict enable the individual to get back on his feet in the work force?)

Lawyers are sometimes accused by business people of being deal killers. Maybe killing too many deals leads to depression because you have failed to see the potential upsides for the client.

So do some depression prevention. Start thinking positively about your client's career, life or business objectives. You may still end up warning your client about risks that should be avoided. But if you temper that with reality (is the risk actually remote?), then you may find your own day brightening a little and in the end, you'll have happier clients.

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!

Surviving the Holiday Season--Joyfully

I always find this time of year to be very stressful, though not for the reasons you might think. Being Jewish, I don't have a large x-mas shopping list. In fact if anything, this is the time of year when I am happiest not to be a Christian (too much shopping pressure.) What makes this time of year hard for me is that I am in the recruiting business. Since very little hiring takes place between Thanksgiving and the New Year, this is my "dry season."

In the past, I have written about the importance of using the holiday season as a time to focus on relationships. If you are in the job market, this is a good time to keep up your visibility so that you will be remembered when hiring decisions are made in the New Year. If you are trying to build your practice, the holidays provide many natural ways to connect with your clients and referral sources.

This year, however, I am doing things a little differently. While I have done a lot of marketing to keep up my visibility as we move into the New Year, I'm also taking time off. And so far, it is having a very positive effect on my normal holiday malaise.

Last week, we celebrated the bar mitzvah of my oldest child. Since it is a slower time of year, I took a couple of days off the help my wife prepare for the festivities. I put work out of my mind and focused on meeting and greeting friends and relatives as they arrived from out of town. On the day of the event, I was completely consumed with the ceremony, supporting my son, and being very present. A day later, I again focused on entertaining out of town guests and work was on the far back burner.

Today, a week later, I am still glowing. It was a great weekend and I was so proud of my son. While I didn't spend as much time at work these past two weeks, when I was at work, I was very focused.

Tomorrow, we leave on a long planned 2 week vacation in the sunshine. If we had stuck around, I would have nibbled away at some of my searches; but in all likelihood, I would have also felt very stressed out that none of my candidates were getting interviews or offers.

When I return, I expect to be refreshed and ready for action. I do not plan to be checking a blackberry or calling in for messages frequently. In the past, I would have felt inclined to do so. But this year, I'm planning to enjoy myself.

So if you are slow at work, here is my advice: Enjoy! Find something you like and do it. If not now, when?

Hobbies are Good For Your Career

If the demands of work and family leave little time for personal pursuits, should you squeeze in time for a hobby anyway? "Yes" writes a career columnist in the New York Times. Even if you only have a few minutes a day, there are strong arguments in favor of taking a break in order to pursue an interest.

When you’re really engaged in a hobby you love, you lose your sense of time and enter what’s called a flow state, and that restores your mind and energy.

Given the on the job stress that most lawyers face, having an outside interest would seem particularly valuable. We are not wired to be in a heightened state of alert 24/7. The human body needs down time to recharge once in a while.

But stress management and productivity are not the only reasons to participate in yoga classes, collect old books, play guitar or go bird watching. A life with outside interests is more fulfilling. It is also a good way to help you market yourself.

If you like wine tasting, you will have a natural way to connect with other wine lovers. If baseball is your diversion, then you will find no shortage of fans who share your passion (particularly if you live in a city like Boston where the Red Sox have now won the World Series twice in a decade after an 80 plus year drought.)

So get out of the office once in a while. No one wants the number of ours they billed during their legal career captured in their obituary. But being a lawyer who was known for his love of sailing and his contributions to important charities...now that is an obituary to live for!

Don't Accept a Counter Offer (but if you do...)

There is a good article in CareerJournal.com today on accepting a counter offer. But anyone contemplating this strategy (i.e. using an offer from another firm in order to get what you want from a current employer) should beware. My BCG colleagues have written about the perils here and here.

My own philosophy is that counter offers can be used effectively for a very select and elite group. If you happen to be a superstar in every respect at your firm, but you are not getting the work or compensation that you feel you deserve, then maybe (just maybe) securing another offer is the way to go.

It is a very risky strategy, especially in a law firm environment where you'll need broad support if you want to be elevated to the status of partner. So if you follow this strategy, heed the advice of Sarah Needleman in CareerJournal.Com.

Rating the Rankings

The American Lawyer has published it’s Annual Summer Associates Survey . Although I’m a firm believer that these rankings are of dubious value, I must admit that I always read them. (I also read tabloids in the checkout line at the supermarket.)

It is hard not to at pay attention when rankings are published, even if you dislike/distrust them. Even naysayers want to know how they rate. It is human nature. We are all relativists. But what can we really do with rankings. Do they provide any practical value?

If you look at the numbers in this year’s lineup, the first thing to notice is that the firm ratings are almost all greater than 4 (on a scale of 1 to 5.) The lowest rated firm, Nossaman Guthner in Los Angeles, had an average rating of 3.957 and the highest average rating (Nutter, McClennen & Fish of Boston) was 4.989. Maybe Nutter is really on to something (it scored almost a perfect 5.) But I defy someone to explain to me the difference between a firm that has an average score of 4.5 out of 5 and a firm that scores 4.9 out of 5. This range describes well over half of the firms on the list.

I suppose you can use the lists over time to see which way the satisfaction rankings are moving. If a firm jumps from almost last to almost first, I suppose that says something. If over time, a firm stays at or near the top (or the bottom) of the list, that may say something too. But overall, what this survey tells us is what we already knew (i.e. that being a summer associate at a large firm is not a bad gig, regardless of where you work.)

Beware of the Pigeon Hole

No one wants to say "no" to a partner who needs help. But working on a project can turn you into the "go to" person in a relatively short period of time. And that reputation can be hard to shake.

Lawyers who work under a "free market" system (where associates get to seek out work and keep themselves busy), are probably least at risk for getting pigeon holed in an area that is not of interest. In a firm that has a central assignment system (with a partner or administrator who is responsible for making sure everyone is being used efficiently), the risk is a little bit higher, though still not that great. But if you work at a firm where partners tend to grab the associates whom they like, beware! For more on the subject, see the article in today's Law.com .

Why Associates Bail Out

The fact that 80 percent of associates leave their big firm job within 5 years has been well documented by NALP. There are many theories about why most associates leave and even some controversy about whether large firms actually rely on associate attrition to ensure that partner profits are not diluted. To those of us who consult to the legal profession, it seem ludicrous to invest so much time and energy in recruiting (on the front end) and to put little thought into retention (the back end of recruiting.) But as law firm profits continue to soar, it is hard to see how this is all hurting law firms in the short run.

Nonetheless, I still believe that in the long run, sound management practices can only strengthen a law firm. There is a good article in the Legal Times in D.C. in which a career consultant comes up with some of her own theories explaining associate attrition. She suggests that attrition may be due to a number of factors including: law school attracts many bright people who have not really taken the time to think critically about what they want in a career; law students do not have enough information to make informed decisions about how firms differ from each other; and a it is difficult to switch departments even if you conclude that you are better suited to another practice area.

She suggests that firms adopt a number of policies to address these issues including: providing opportunities for associates to change roles, training associates in business development and effective management techniques and cultivating a strong alumni network of associates and partners who do leave.

Money Won't Buy You Happiness

Stated more eloquently in today's Career Journal.

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

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.

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.)

Summer's Ending--Time to Take Stock

Summer is a good time to reflect on your career. Work tends to move a little more slowly and many of our colleagues are off on vacation. But in reality, summer is an even better time for....well, vacation. So as we start the Fall, maybe now is the real time to do the reflecting. If you are an associate at a large firm, the Fall marks the start of your new associate year. You are one step closer to partnership (or perhaps one step closer to the door.) Here is an article I wrote on the subject. Think about it on your way to the beach and...take stock when you get back!

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

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.

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?"

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.

Are You Living In The Moment?

Life at the Bar linked to this interesting post by Doug Constant. I am always intrigued when I receive reminders to live in the moment as I'm always two steps ahead. This is a real problem area for me. I am ALWAYS thinking of my "to do list" or the next entry on my personal goal worksheet (which resides only in my head, but is ever-present, nonetheless).

I think it's an important lesson to slow down occasionally and just breathe. Doug says, "When you die, there will be two dates on your tombstone: the date of your birth and the date of your death. Those two dates will be separated by a DASH. It is this dash that represents your life. Are you truly Living Your DASH on purpose?"

Read on for Doug's advice on Living your DASH:

Principle 1: You are either living YOUR life or someone else’s. Our society places beliefs on who we should become, how we should act, what we should buy and even how we should dress. Once we make up our mind that we are here to live our own life and not the life our parents, friends, teachers and acquaintances then we can live our own life based on the talents, gifts and passions we know to be.

Principle 2: The people that enter your life are the right people... the good and the bad. Those troublesome people are important reminders of wrong directions, ideas and philosophies. Those few exceptional people remind us they cared enough to be a part of our life. Either situation makes them precisely the right people.

Principle 3: Whatever happens…happens. Accepting this focuses attention and appreciation on the present moment, thereby excluding all of the might-have-beens, should-have-beens and what-ifs. "What is" is the only thing present at the moment. Appreciate that!

Principle 4: Whatever happens is the right time. This is an admonition to take things as they are and when they happen. This is living in the moment and a cardinal prerequisite of Living Your Dash.

Principle 5: When it’s over it’s over. This is basically the flip side of the preceding one. Everything has a beginning, middle and end. All three must be appreciated, most particularly the end when it comes.

The one law is a strange one. It is called The Law of Two Feet. Stated succinctly, if at anytime you find yourself in a situation where you are neither learning nor contributing, use your two feet. Go somewhere else. Do something useful. Live Your Dash. Stay in the moment and don’t get stuck in the moment.

Living in the moment means leaving behind a life of societal status quo, which by definition is the accepted way of doing things. The path of least resistance can be attractive. But by living in the moment you do precisely what you have been gifted to do…take action and therefore Live Your Dash.

How'm I Doing?

Have you considered this question recently? IMHO, taking your career pulse periodically is a healthy exercise. I have written about this for the BCG website here. I have also previously announced that we now have a free career audit tool on the BCG website which is referenced in the article (click here to go straight to the audit tool.)

Have You Audited Your Career Lately?

I am pleased to announce that the BCG Associate Career Audit is now live on the BCG website. I created the tool to help law firm associates take stock in their law firm experience. Originally, I published this as an article in Massachusetts Lawyers Weekly. Now you can complete it on-line and have the results sent to you by e-mail.

It is confidential and takes about 10-15 minutes to complete. So far, the feedback on it has been very positive. I would welcome additional feedback and I would be happy to go over the results with any law firm associate who is interested in thinking critically about his or her experience.

If you like the tool, please spread the word. There is no charge for using the audit and my only hope is that it proves to be helpful to associates who are ready to think more critically about their careers.

Myths About Becoming a Lawyer

I participated as a guest blogger on Penelope Trunk's blog, the Brazen Careerist. My post, on the subject of whether someone should go to law school, has generated some interesting discussion. If anyone out there wants to participate, follow the link above. Her audience tends to be a more general audience; but obviously, some lawyers are reading her excellent blog as well.

On a related note, Law.Com published an article today about the difficulty 2nd career lawyers have in getting jobs at larger firms. According to NALP research, over 50% of 40+ year old law school grads end up in solo or small firm practice.

In Pursuit of Happiness

Career Journal has published an article suggesting that Americans are no happier today than they were 30 years ago. Despite significant gains in material wealth, we Americans have found no additional happiness. (I wonder how lawyers are fairing in this regard--my guess is that we are less happy as a group than we were 30 years ago.)

Why haven't the numbers gone up? Is it because most of us have not taken the time to figure out what makes us happy? Is it because "stuff" is not the key to happiness?

Is it time for some introspection? A career assessment? For you law firm folk out there, I will soon have an on-line tool that will help you take stock of your experience. For now, it can be found here.

Balancing Loyalty and Integrity

George Tenet's appearance on 60 Minutes marks the latest in a long series of former officials from the Bush administration who have belatedly opted for integrity over loyalty. The former Director of the CIA has now revealed that his often quoted remark (i.e. that the case for WMD in Iraq was a "slam dunk") was taken out of context.

So where was this guy in 2002 and 2003 during the run-up to the war? Why is he coming clean now in 2007?

A cynical answer is that loyalty served him well in 2002/2003; it enabled him to keep his job (for a while anyway); but "integrity" (coming forward with the gritty truth about the distortions perpetrated by Dick Cheney et al.) will now help him sell more books.

Without getting into a long diatribe about the credibility of these latest accusations, I believe that Tenet's behavior (i.e. his belated decision to come clean) is instructive for lawyers and their careers. In short, I believe that when confronted with a choice between loyalty and integrity, that integrity should trump. By this measure, George Tenet failed his ultimate boss, the American people.

In the workplace, there is often a tension between doing what you think is right and doing what your clients want you to do. This tension also exists between partners in law firms and associates who receive direction from these partners. Your sense of what is right and wrong may not be entirely consistent with that of your clients or superiors.

The choices, of course, are not always so easy and sometimes there is a clear conflict between your own sense of loyalty and your feelings that doing something for a client conflicts with your values. Sometimes, standing up for integrity means risking getting fired from a job that you need to support your family.

If you take the time to set your own moral compass, however, you will know when it is time to put loyalty aside. You will know what lines you will not cross.

For some attorneys, this may mean refusing to represent clients in certain industries (e.g. the tobacco industry or defense contractors.) For others, it may mean taking the extreme step of reporting a lawyer to the Board of Bar Overseers when someone in your firm is acting in a highly unethical manner.

Loyalty is not an inherently bad quality. A law firm with loyal associates and support staff will provide superior client service. What I am talking about is unbridled loyalty.

Four years ago, George Tenet made the decision not to refute false statements he heard coming from various members of the Bush administration. He chose to be loyal to the Commander in Chief rather than stick his neck out and undermine the case that the President was making for going to war. Judging by his emotional state on 60 Minutes, it doesn’t sound like that decision is sitting well with him now. Think about that.

Declutter Your Career

WSJ's Career Journal has an interesting article by Sarah E. Needleman on Decluttering Your Career this week. The article advocates the idea that by removing extraneous distractions that get in your way, you can free up time, gain energy and work smarter. The article has five suggestions:

1. Define your goals, including personal and career aspirations. Write down where you want to be in five years, then make clearly- defined annual objectives to help you reach your ultimate goal.

2. Don't avoid difficult projects. Make your most difficult task your top priority then "chop it into smaller pieces." It will seem much more manageable once you do this.

3. Don't overload on e-mails. Cancel newsletters, listserves and other mailings that aren't useful to you. Create folders that organize emails that aren't acceptable for deletion.

4. Reduce the chit-chat. Excessive socializing is a drain. Make sure you set boundaries for yourself so you aren't constantly interrupted.

Taking Charge of Your Emotional Self

David Maister has a great post on emotional self control. He argues:

"if your emotions let you down, your talent won’t save you.

There’s no point having superior skills if you procrastinate in putting them to use. There’s no point being smart if you give up at the first sign of failure.

Getting control of your emotions, and yourself, is essential to let your true ability shine through"

This is particularly true in the practice of law. If we let our emotions cloud our judgment, then we fail to provide our clients with the dispassionate advice that they need. Much of this comes down to how we handle rejection and defeat. No lawyer always wins and no lawyer wins on every point of disagreement. This is true in a litigation context and it is equally true in the course of negotiating a deal.

So what do you do to build up your emotional self? Personally, I find exercise to be a great (and essential) part of my week. I also try to take time to do something special with my children on a regular basis. Anyone have other thoughts?

The Secret Behind All the Secrets to Success

There are many secrets to success. They are as plentiful and as numerous as the sands under the sea. Some are easily discovered through diligence and creativity, some by meeting with others we consider more successful than ourselves, some by paying to see specialists, and some by scaling lofty mountains and seeking our gurus. But I can tell you that all these secrets are subordinate to the one, glorious secret within all such secrets.

Best of all, it will cost you nothing, requires no discipline, will not cause you to sweat, does not involve unending self-absorption, is not fattening, and, boot, will make you happier.

And that is: desire. I do not mean mere 'wanting', I mean an all-encompassing passion directed toward a particular state or goal or need. The point is not that you must have goals-goals are too superficial. What you need is to unlock the floodgates before the ocean of your passions. Don't laugh. It is the natural and unassailable state of all men and women that they have massive storehouses of passion walled up inside them. The trick is to let them out. And it is not hard to do so. In fact, it is merely the knowing, the realization, that such a storehouse really does exist, that starts the waters to boiling.

Thus, now that I have you starting to think about that well of passion, you need but allow that truth to sink in a little, and the inexorable drive of your well-honed mind (you ARE a lawyer, right?) will bring to you the point where that passion will find an outlet. Once that begins to happen, the only challenge will be to channel the force of the waters that flow out from your creative and competent mind.

On a lighter note, it is sort of like "cooties"-it is easily passed on-tag! And now that I have planted this tiniest of seeds in your mind, it will have no choice but to germinate. In those with high intellect and fortitude (you automatically qualify by virtue of getting through law school and passing the bar), those seeds will of necessity fall on fertile ground. Just you wait, even the tiniest of realizations can become an unstoppable force. It has happened to me; it has happened to many of my candidates. It can happen to you.

If you want to learn more about your own unlocked potential as a lawyer, as a person, as a professional, surf over to www.bcgsearch.com/pete_smith.html.

Surviving a Merger

My colleague Pete Smith (who also writes for this blog) has a very nice piece on how to protect yourself in the event that your firm undergoes a merger. In a nutshell, he underscores the importance of keeping up with what is going on inside your law firm (i.e. beyond the practice of law.)

Information is power and burying yourself in your office may not be the best survival strategy in a world where a huge percentage of law firms are contemplating a merger. I agree with Pete that it is important to keep your ear to the ground and learn what you can about the inner workings and financial health of your firm and of your practice group. But law firm failure is also a fact of life so it is important to keep up your network beyond your firm. I have written about this here.

Is Less Equity Such a Bad Thing?

Law.com reports on a recent study released by Citigroup Private Bank. The study suggests that rising law firm expenses (higher associate salaries and rents) will create upward pressure on billable hours and downward movement on the number of partners who are invited into the equity ranks. One law firm consultant quoted in the article seems to think this is all bad news.

"I think that making it harder to become an equity partner than it has been in the past may actually work to the detriment of some firms, because associates coming into these firms looking ahead to the prospect of becoming an equity partner may throw up their hands and say 'I'll never make equity partner, why should I even try?'"

The reality, however, is that most associates at major firms already do not expect to make equity partner and many have no ambition of doing so. While upward pressure on billable hours is a scary thought, I'm not sure that less equity is such a bad thing. The accounting firms have already figured out that professionals need ongoing opportunities to advance their careers. So a system which provides lawyers with only one or two chances for advancement (non-equity partner and then equity partner) no longer makes sense.

I speak with so many young associates who would happily trade salary for a chance to advance more slowly. If firms would insert several layers of promotion into their ranks, then lawyers would have more opportunity to decide whether to go for maximum income (through a series of promotions) or to stick with a balance between good work, good compensation, and livable hours. Under such a system, an individual lawyer could decide to go through the hurdles necessary to achieve counsel and senior counsel status but not do what it takes to get to non-equity I, non-equity II or equity partner status (and still hold a good job!) Too unrealistic? Only if you rely too much on precedent to make management decisions.

The Problem With PEP

Bruce MacEwan has an interesting post on the problems with PEP (profits per equity partner) as a measure of firm success. He argues that in a perverse way, focusing on PEP ignores two important constituencies : clients and everyone who is not an equity partner.

From a career perspective, looking too closely at PEP can blind you to bigger issues (Do you like your colleagues? Do you like coming to work every day? Do you like the work you are doing? PEP may be high but is the firm building a secure future?) It also leaves out the whole analysis of your likelihood of remaining an equity partner (to wit, the recent news that Mayer Brown has voted to de-equitize 45 partners.)

PEP that is stagnating, can be a sign that a firm is stagnating. My colleague Pete Smith warned about this here. But focusing too much on PEP in evaluating a firm's success is like focusing solely on who is paying the largest salary (as I warned about here.)

Read This Post--If You Can Find the Time

David Maister has done it again! He has a terrific podcast on procrastination (free for downloading through i-tunes.) This time I was sure he would leave something out; in particular, I did not think he would focus so much on addressing the underlying psychological causes of procrastination (and even more importantly, some highly effective behavioral responses to procrastination.) But he absolutely did.

On the subject of procrastination, I would like to suggest a great book which focuses heavily on behavioral approaches to thoughts which sabotage our success. It is called "Awaken Your Stongest Self" and is written by Neil Fiore, a Ph.D. psychologist. A couple of months ago, I hired Neil for some coaching and procrastination is one of the issues we have been working on. Neil's approach is very behavioral (i.e. he isn't trying to help me figure out the root causes of my own professional insecurities; rather, we are working on how to deal with the numerous "distractions" that take away my focus from doing what I love to do which is helping lawyers with their careers.)

While it is admittedly too soon to evaluate his program, I can say with certainty that after a few months, I'm doing a lot less procrastinating. I know I have a lot more work to do (it's hard to break old habits and thought patterns.) But I'm well on my way and Neil has been a tremendous help.

How to get a family-friendly position at a large firm

In the years that I have been engaged in legal recruiting, I have worked with several really top-notch female candidates that wanted to return to an exciting practice within a large firm after having a baby, but did NOT want the hours associated with a full-time partnership track position. I relate to these women who "want it all," for I myself want a rigorous and stimulating job, but also want to spend quality time with my child. It is a delicate balancing act.

For all of the media attention that the firms try to gain for proclaiming their family-friendly atmospheres, they rarely advertise part-time or reduced billable hour positions. These positions are usually found through back door methods (for example, a friend at a firm) and my experiences in placing these women have only confirmed my suspicions that female-friendly (i.e., family-friendly) large law firms are difficult to come by.

I have, in fact, placed and gotten offers for women with reduced work schedules. But the interview process is tricky. In order to successfully negotiate, these women had to interview as if they wanted a full-time position, then sit back and wait for an offer. Then once the offer was in hand, they negotiated their hours. Simply put, they had to make the firms believe they were indispensable before they showed all their cards.

Hillary Mantis at vault.com has some interesting thoughts on family-friendly options. I am also curious to hear from women who have successfully found family-friendly attorney positions after having a baby. Feel free to add your comments.

Try It, You'll Like It

A post in Penelope Trunk's blog, the Brazen Careerist, reminded me of an old Alka-Seltzer commercial. The commercial, which I probably heard thousands of times by the age of 12, showed various characters encouraging a spouse/friend/relative to try some spicy or otherwise gastronomically challenging dish ("Try it, you'll like it.") "So I tried it...and I didn't like it!" goes the refrain.

Penelope writes eloquently in her post that it is hard to predict whether you will like a job until you actually "try it". Maybe you will "like it". But even if you don't, the secret to career success is to try different things until you find what you do like. While I believe that some self assessment can be very helpful, working with or without a career counselor, in the end, it is very hard to predict what will work for you professionally.

Finding career satisfaction is hard work and it is ongoing. In general, there are no easy fixes to career dissatisfaction. On the other hand, if you are not happy with the work you are doing, there are many easy ways to explore other options without quitting your day job.

As lawyers, we all have the chance to do pro bono work. Aside from the spiritual rewards that you get from helping someone or some organization that cannot afford legal services, doing pro bono work is an excellent way to explore a new practice area. This is true even if you are not interested in litigation. There are many opportunities to be an advocate for indigent clients. But struggling entrepreneurs, non-profit organizations or artists may also be short on cash but long on ideas. Find someone to represent and find a mentor to help you when you have questions. You will be helping others who need your services and you will be test driving new skills.

Take the Pressure Off

Penelope Trunk has a great post on career planning. She offers a nice counterbalance to the conventional approach to career planning (i.e. in which you sit down and assess your strengths and weaknesses, likes and dislikes and make career decisions based on the results.)

Of course a good career counselor would never suggest that a client make career choices based on a single test or assessment; however, there is a lot to be said for just trying to experience work as a way of assessing where you want your career to go.

I think her advice is particularly useful for lawyers who have "typical" lawyer personalities (i.e. you "planners" and "perfectionists" out there.) We lawyers are not always good at taking things as they come; but letting go and not trying to control everything in life may be one of the best ways to find out what really excites you. Take some chances (again, not easy for lawyers who get paid to advise their client's on avoiding risk.) Look for some of the positive things about your current job and take the opportunity to be creative where you work. If you work in a law firm, you may not have a lot of competition.

Success is Failure

I work with a personal trainer who just taught me a new Orwellian phrase: Success is Failure. He was talking about the fact that in order to build muscle strength, you need to work your muscles to failure. But I think the phrase has a lot of relevance to the practice of law.

Before I explain, I just want to say for the record that I don't plan to write anything else in this space about the recent spate of salary raises. While I reserve the right to completely change my mind (and I am perfectly fine if my guest bloggers decide there is more to write on the subject), I believe that far too much time and energy is wasted in the legal profession worrying about maximizing income in the short run. Sure, 10-15K can be a very nice addition to an already nice salary; but as I have already said in earlier posts (e.g. here and here), I believe there are much more important things to worry about in the long run.

For example, aren't you better off in the long run if you work for a firm where you are valued, where you have a shot at partnership and where you are being mentored on how to build a practice? You will earn a lot more in the long run if you can market effectively and you will be much more successful in marketing yourself if you enjoy what you do and are given a lot of opportunities to get visibility, meet clients, etc.

Which leads us back to Success is Failure. In sales, it is important to fail. If you don't fail, then you aren't doing enough because nobody lands every prospective client. Failure is a sign that you are taking some risks.

So try to practice at a firm that is happy that you are trying to build your visibility and pleased that you are meeting potential referral sources. Join a firm that accepts failure as part of the business development process. If you simply choose to maximize income in the short run, you may find that your short term success leads to long term failure. In the short run, the firm that is paying top dollar may expect you to bill out maximum hours leaving little time for anything else. If you take the long view, then you may fail to maximize income in the short run; but you will experience much more long term success.

A Quick Recipe For Career Success

A partner at Pillsbury Winthrop has published a nice piece on how to take charge of your career in a law firm setting. He suggests that in today's law firm, it is critical to take responsibility for your own career advancement. "Learn all you can", "share your opinion", "develop personal relationships with clients" are some of suggestions he makes. It's a quick read and a good reminder that in the law firm of the 21st Century, there are opportunities to advance your career: but you need to be responsible for yourself. I wrote a similar piece several years ago.

Boston v. NYC

With the exception of Fish and Richardson, it's beginning to look like Boston firms will not follow the lead of Simpson Thatcher (at least not in Boston.) WilmerHale, for example, has raised starting salaries to 145K (except for New York where they have followed the market.) But that still doesn't mean that associates in New York are better off. If you have the option of working for a large firm in either city, don't forget two important variables--cost of living is higher in New York and on average, associates in New York work longer hours. There is a good post on this on Greedy Boston .

First of all, if the focus is going to be on the money, let's take more than a cursory glance at the numbers. According to ccnmoney.com, what costs $135k in Boston costs $207k in NYC. Groceries, housing, utilities, transportation, and even healthcare are all more expensive in NYC than in Boston. So NYC firms pay better than Boston, but not enough to provide a comparable standard of living. Moreover, you'll be working a hell of a lot more in NYC than you will in Boston. To put it simply, the difference between NYC wages and Boston wages isn't enough to logically. justify a preference for NYC over Boston on wages alone. There has to be something else, such as culture, location, opportunities, etc., that warrant such a decision. I know too many people who regret being sucked into NYC because they used to think it was the cool, hip place to be. Don't make the same mistake.

Do Not Drink the Kool-Aid!--A Wake-Up Call for Young Associates

There are lots of good reasons why forty-plus percent of fourth-year attorneys are in their second law firm. Personally, I've enumerated about a dozen categories of reasons that associates switch firms early in their careers, all of them reasonable. But the big three, and the ones many think are unreasonable or at least disadvantageous, are really the best reasons for leaving, and ones you should make sure don't apply to you if you are planning to stay put--especially as you allow the fourth and fifth years to roll by on your career clock. Bottom line: listen to your gut, even your flights of fancy, and especially the market. Don't "drink the Kool-Aid" by swallowing your own firm's marketing brochures. Be a careful and wary "partner" with your law firm.

Further, disregard the politically correct purveyors of "moderation" and "loyalty." These are good concepts in the abstract, but you have to know how to apply them appropriately. Let’s face it, firms certainly aren't out to get you, but they do see every single attorney (partners as well as associates) as a practice in and of itself, and someone (while hopefully integrated into the firm and "cross-selling") who is, if not expendable, then separable depending on the needs of the firm. You are an important cog, maybe, but still a cog. Realize that firms spend considerable resources determining which attorneys and groups remain within the "core competencies" of the firm (to say nothing of their respective impact on PEP at year-end). As such, you would be well-served to constantly make your own analysis of the fitness of your current firm. If one or more of the following three scenarios fits your circumstances, a switch may be what the doctor ordered: you want more money; you want to cleanse a less-than-picture-perfect early career; you have a strange itch to move that you can’t put your finger on. These reasons are not as crass and superficial as you may think--each is important on its face, but may also underlie latent analyses that you haven't taken the time to flesh out. I’ll be writing about each of these issues in the next couple of days—stay tuned!

The Challenge of Making Change

Just before the New Year, Ellen Ostrow had a great piece on change. She discusses some of the barriers we all have to making change and talks about the importance of confronting our resistance to change.

When you choose to “not rock the boat” you stop growing personally. Inaction leads to stagnation. Your internal voice tells you that something needs to change but the risks of doing so loom too largely to allow you to see what you risk by staying tied to your established patterns.

(I delayed linking to it because until recently, it was not on her website.) Several years ago, I also wrote a piece about change and discussed the role that ambivalence plays in helping us to avoid change. While the New Year is already a month old, many of us are already working on the changes we pledged to ourselves; but it's not too late to may your Groundhog Day resolutions. There are still 2 more days to go!

A Dilemma for Non-New York Firms

This post on the Greedy Boston Board of Greedy Associates highlights the dilemma that the New York salary wars has created beyond the Big Apple. To the junior associate or law student, it is difficult to justify accepting an offer from one top firm if another top firm is paying a higher salary (or paying a higher salary in their New York office.)

But the economics of New York practice are not the same in other markets. Larger deals enable firms to operate with greater associate leverage (i.e. more associates per partner) and billing rates in New York tend to be higher as well. Most businesses recognize that they need to pay more for talent in New York than elsewhere in the country so why should the practice of law be any different?

Several of the New York firms have purportedly raised salaries in their Boston offices (e.g. Weil, Proskauer and Skadden will pay their new Boston associates $160K.) I imagine that fear and a robust demand for legal talent will ensure that within a few months, firms like Wilmer, Ropes and Goodwin will do something as well for their Boston hires.

But what if you have accepted an offer from a firm that decides not to budge? What if you work for one of those firms and know that one of the higher paying firms is hiring in your practice area?

As I said a few posts ago, I strongly believe that it is important to stay focused on the big picture when analyzing this situation. Intangibles are far more important in the long run and if you are in an environment where you are thriving, think twice before chasing the money.

I do think that firms who choose not to raise will need to articulate a good rationale for paying "below market". But a number of firms successfully did this during the last boom by demonstrating what the firm has to offer beyond a very large paycheck. In addition, some of the firms that chose to follow the market are no longer in business. So just remember that maximizing your income today, may not serve you well in the long run.

Mr. Smith's Rules of Driving

When I took driver's ed in the 1970's, our teacher introduced us to Mr. Smith's Rules of Driving. It was a quaint film done in the 1950's and had the feel of Father Knows Best (i.e. it was clearly lacking the whiz bang production qualities that a younger generation would expect.) But to this day, I still remember those rules (at least some of them--1. Keep those eyes moving 2. Keep the big picture, and my personal favorite, 3. leave yourself an out.)

As I think about the latest salary wars that are raging in New York (and likely to catch fire in other major legal markets) I suddenly realized that those driver's education rules have direct relevance to the associates who are receiving (or not receiving) these pay hikes.

Salary is obviously a very important reason we all work. But it is important to "Keep the big picture" when thinking about salary. Sure it is nice to have another $15,000 in your pocket after working hard. But keep in mind that depending on your tax bracket, $15,000 is probably less than $10,000 after taxes. More importantly, how much difference will this $10,000 make in your life in 5 years (even if you earn this additional sum for 3-5 more years?)

IMHO, it is more important that you are laying a good foundation for your future success and career satisfaction. If you like your current firm and think you have a shot at partnership (or at least believe that you are developing the skills you need for success) , does it make sense to make a lateral move just to increase your income in the short run?

Of course no one wants to get paid less for equal work so undoubtedly, the wave that began in New York will continue to spread around the country. But if you remain at a firm that elects not to follow suit, consider whether making a lateral move now will do anything for you in the long run. I wrote about this 6 years ago when Testa Hurwitz (which dissolved a couple of years ago) started driving up salaries in Boston.

If your only goal in working for a top firm is to pay off debt, then by all means, "Keep those eyes moving." But just remember that the good times that are driving this salary war will not last forever. We only need to look back to the earlier part of this decade to know that building good relationships with partners in your firm is the best way to "Leave yourself an out" when work slows down.

Leading a Sustainable Life

Julie Fleming Brown has a nice post on sustainability. How do we lead lives that are "sustainable"? Julie discusses the problem of "burning on both ends of the candle" and suggests a number of practical steps to reduce stress and decrease the chances of burnout ("focus your attention and practice on what is meaningful to you," "delegate those tasks which negatively impact your energy level", "connect with other people," etc.)

Although I am in the search business and only earn fees when lawyers decide that it is time for a change, I think it is important to first apply some of Julie's suggestions before throwing in the towel. Maybe you can get more of the technology work you like and spend less time working with the banking clients who are less interesting to you. Maybe you can delegate some of the drafting you don't like to a skilled paralegal. Perhaps you can make more effort to leave work early on Fridays.

If you find ways to make your work more "sustainable", you may just find that it is not necessary to change firms in order to increase your career satisfaction.

Getting your brain around "happiness"

Every day of my working life I talk to attorneys who are looking for something to make them "happier." Mostly they think that a new firm will get them "there." And sometimes they are right. Even if they aren't, usually when attorneys have picked up the phone to initiate a relationship with a recruiter, they have "crossed the Rubicon" and have no intention of staying at their current position. It then falls to me to find the gig that is going to get them what they want: more money, better work, more prestige, a chance at parnership--happiness. Thus, I always, always, always try turn the recruiting experience into something more than musical chairs. The "more" part is a process by which the candidate will really evaluate his or her past successes and failures and delve in to that part of the mind that holds dreams, pet projects and wild fantasies about a future practice.

I do all this because I do not believe that happiness comes from "work-life balance." There is no such thing. I do not believe that working more or less, harder or easier, upside down or backwards is going to make anyone happier. Rather, I believe that happiness comes from an ordered mind. And the only way to get to that state of orderliness is to start rummaging through the detritus that accumulates there. We have to sort through the nagging little thoughts here and there that pull us toward something new and different. If we can take control of that mess, that protoplasm of thought and angst, and really look at it all, structure it, corral it, we can start a rational process that will help us get our actions into line with our dreams. If you don't think that will get you to happiness, maybe you've never experienced it. Ecstasy? I hope so. Joy? Surely. But happiness?--that state of calm pleasure, of contentedness with one's life, an absence of unreasonable fear, a state of habitual clarity of thought and unhurried productivity? Think about it.

Shattering Someone's Career Identity

A talented litigator came into my office yesterday and reported that despite great performance reviews and an impressive track record of business development, the firm was letting her go. The pain in this associate's face was palpable and although I know this individual will thrive in another setting, I was reminded of how much power partners wield over associates. It is a power that can be used in very positive ways (e.g. to boost the ego of an aspiring young professional or to mentor an up and coming star .)

But all too often, it is a power that is misused. In this case, it sounds like the partner felt threatened by the associate's success and decided to "eliminate" the threat. Nice!

This individual will be back on her feet shortly. What a way to treat good talent, though. And what a waste of the investment that the firm made in this individual.

Is your career on course?

If you are like most attorneys, the thought of planning your career past the next few months can be daunting. However, those that do plan their careers--and take the time to periodically evaluate whether they are on track--are much more likely to have a satisfying career.

Here's a recent article I wrote on this subject, which provides four quick questions you can ask yourself to determine whether your career is on track. http://www.lawcrossing.com/article/index.php?id=2356. I hope you enjoy.

Time Management Reminders

In today's Career Journal some good reminders about time management. Nothing particularly new here but it is always good to be reminded of some of the fundamentals as the New Year starts (i.e. know when you work best, set deadlines, control your environment, eliminate unessential work, work on the go.)

For associates, controlling your environment is probably the hardest (it's hard to tell a partner to go away.) But getting drafting done in the early hours before partners arrive is one way to limit interruptions. Similarly, associates may not alway get deadlines from partners (particularly partners who are disorganized); but nothing stops you from asking for deadlines. Getting clarification can help you better plan your own time.

New Year's Resolution: Happiness?

Over the holidays, I arrived at my brother-in-law's house to witness a truly massive pile of presents waiting under the Christmas tree for all of us to open. Once the wrapping paper was off and the gifts were in hand, I wondered whether the expense we had all gone to was merited by the enjoyment we would receive from the abundance of consumer goods. Was the toil and hard work worthy of the gifts we had in front of us?

The most recent issue of The Economist explores the concept of happiness and how it can be empirically measured. The article mentions John Maynard Keynes, famed macroeconomist, who "imagined that richer societies would become more leisured ones, liberated from toil to enjoy the finer things in life." But Keynes found that in richer societies, people continued to work very hard. "They work hard to afford things they think will make them happy, only to discover the fruits of their labour sour quickly. They also aspire to a higher place in society's pecking order, but in so doing force others in the rat race to run faster to keep up. So everyone loses."

As the new year begins, many lawyers find themselves wondering how they can enrich their lives. Taking stock of activities that enhance your life and identifying activities with a deleterious effect can be a useful exercise.

Do you have a beautiful home, but spend an hour of your day commuting to its suburban location? Do you spend your lunch hour eating heavy meals instead of improving your health by joining the gym next door to your office? Could you possibly work "smarter" instead of longer, and give yourself a chance to go one of your son's baseball games? Are you staying in your high-paying job in order to afford the luxury car and the expensive house, but at the cost of your health and happiness? Come to think of it, there is a 6 o'clock yoga class today. I think I will go.

Learning From Partner Mistakes

Working for a difficult partner can make your life hell. I spent many years working for a boss who routinely yelled at employees in front of their colleagues, blamed subordinates for his mistakes and placed a high premium on "face time". While I would never want to repeat an experience like that, I did learn a lot by watching a bully in action. In a strange way, taking mental notes on how he treated the people he worked with taught me a tremendous amount about managing people effectively (or in his case, ineffectively.)

Hard driving partners can teach you a lot of substance in your practice area; but they can also teach you how to be more successful in the future when you are running the show. Here's a piece in today's Career Journal on the subject.

The Power of Sorry as We Move into the New Year

Richard Conniff, a nature writer for a number of publications including the New York times, writes that offering a sincere apology may have benefits that are deeply rooted in our biology.

"...a willingness to make a conciliatory gesture is often key to holding quarrelsome primate communities together. And the ability to do it gracefully is often a mark of strength, not weakness. We acknowledge that we have violated the standards of acceptable social behavior. We express regret for the harm we have caused. And thus the apology gains us readmission to the human community. It can even be a way to become stronger ..."

So here are my final thoughts for 2006 as we move to the New Year: find someone you have wronged and make a sincere apology to them. The person can be a paralegal, secretary or firm administrator, a lawyer on the other side of a deal, opposing counsel in a litigation matter, a current or former client or a friend or family member. Your act of conciliation is likely to help you become a more effective lawyer (and it is the right thing to do!) Happy New Year!

Frequent Change Ignites Passion--But What About the Practice of Law?

Blogger and Boston Globe columnist, Penelope Trunk, writes about the importance of making periodic job changes. She cites a statistic that 75% of all workers are job hunting at any given time.

I posted a comment on her blog suggesting that the analysis might be different for professionals. Certainly, there can be good reasons for lawyers to make a lateral move, particularly early in their careers (to get better work, to get better mentoring, to be closer to family, to become a bigger fish in a smaller pond, etc.) But I'm not sure the conclusions are the same for professionals.

Maybe the meta message is that it is important to keep growing in your career. For a professional like a lawyer, that might mean expanding into another practice area, working harder to market one's services, learning some new computer skills to work more efficiently, getting more active in a law firm or bar association committee, etc. Moving every two years to a new law firm is not something that most of us in the search business would recommend unless there were very good reasons for each move. Any comments or thoughts out there?

Lawyers Appreciate...

Bloggers Stephanie West Allen and Julie Fleming Brown have been asking fellow legal bloggers to join them in a great year end blogging project (see below.) Here is my contribution:

Lawyers appreciate the rule of law and the separation of powers that have been enshrined in our Constitution for over 200 years.

Since September 11th, our country has become much more aware of the threat of terrorism. In an effort to address these existential threats, some politicians have advocated policies which curb our civil liberties in the name of defending our nation. I am proud to say that it is the legal community that has come forward and argued for the importance of keeping an independent judiciary. It is lawyers who appreciate the rule of law and the genius of our system of separation of powers. It is attorneys who have come forward to educate the public that torture, warrant less eavesdropping and unchecked executive powers are all inconsistent with our democracy.



See (http://lifeatthebar.wordpress.com/2006/12/22/lawyers-appreciate-a-10-day-countdown/) and on Idealawg (http://www.typepad.com/t/trackback/7254282). In brief, Stephanie West Allen (http://westallen.typepad.com/idealawg/) and Julie Fleming Brown have been discussing the negativity that's so prevalent in discussions about the law and decided to launch a project that celebrates the positive contributions that lawyers make to society.