Success in Scary Times

My colleague Dan Binstock in BCG's DC office just forwarded this to me. It contains some very good tips for getting through these "scary times".

Don't Ask "Why"

On the eve of the Beijing Olympics, my local public radio station interviewed a sports psychologist, JoAnn Dahlkoetter, on the subject of achievement. Dahlkoetter, who won the San Francisco marathon in 1980, had numerous interesting things to say about achievement. Most of what she said has relevance to being a successful lawyer--whether you are striving to develop a high level of competence in your practice niche or trying to build your own practice through effective marketing . You can catch it on the WBUR website at your leisure.

She was particularly insightful on the subject of overcoming adversity. One strategy that she suggested struck a chord with me. She indicated that in the face of failure, don't ask yourself "why" it happened. You can always come up with reasons to blame yourself (and being a lawyer where you are paid to identify how things that might go wrong, this is particularly true.) Instead, she suggests that after a set back, ask yourself, "what" should I do next or "how" can I get past this. I guess this is another way of saying focus on the present or on your future actions rather than dwelling. Now I just have to figure out "why" this has been hard for me in the past!

The Opportunity Maker

There's a simple principal in saving for retirement: start early. If you begin making small and regular investments when you are in your 20's, you will be well off by the time you reach 65.

It turns out that the same principle can be applied to building a law practice. Get started when you are a law student and by the time you are a senior associate, you can begin to reap the rewards. That is the basic premise behind a new book published by Thomas/West, The Opportunity Maker: Strategies for Inspiring Your Legal Career.

The Opportunity Maker is an easy read and contains a lot of practical information. While a newcomer to the profession (and marketing) may find the book a little overwhelming (another point made in the book is that there are many different ways to build your reputation and referral network,) the author does make an effort to point out that just getting started is what counts (i.e. not to do everything mentioned in the book.)

This volume is best used as a cookbook that can help you to understand how to implement strategies that feel most comfortable to you. No one could possibly try every suggestion (nor does it make sense to try.) But if you want to make a good investment in your career by laying the groundwork for building a practice, The Opportunity Maker is a good place to start.

How You Play the Game

My colleague Lisa Pavia has a nice post on BCG's new blog, The Lateral Attorney Report. She holds up Tim Russert as an example of someone who achieved success while playing nicely in the sandbox.

Reading Mixed Messages

Large law firms are very good at delivering mixed messages to associates. "Make sure to participate in firm functions, outings, sporting events, etc." But understand that work always takes precedence. This and other advice to summer associates courtesy of the "Snark" in Atlanta.

IQ vs. EQ

IQ (or intelligence) will help you land your first job out of law school. But as you become more senior, EQ (emotional intelligence) becomes increasingly important to your success. That is why feedback from partners is so important. Without feedback, it is much harder to develop your emotional intelligence/interpersonal skills.

As I wrote here, do not interpret no news as good news (i.e. don't wait for feedback, ask for it.)

Law firms do not always understand the importance of taking the time to give constructive criticism. When feedback is given, it often focuses on the negative. This plays a big role in law firm turnover. This and more on Law Crossing.

Should You Reapply to a Firm that Rejected You?

That's the question answered in this week's career column by a New York recruiter [free subscription required.] In a nutshell, the advice is: why not? But the advice is tempered with reality. If the firm rejected you initially because you lacked experience, then why not try again once you have the experience. But if they rejected you because they only hire candidates with top academics, then maybe reapplying is not a good use of your time (i.e. since you can't change your academics.)

I always tell candidates that they have little to lose by reapplying. If anything, you are demonstrating that you are persistent and that you are truly interested. Here the dating analogy works. Everyone likes to be pursued (to a point...) And to continue the analogy, don't allow fatal attraction to blind you to other career opportunities. It is rare that one and only one employer can satisfy all your career needs.

Multi-tasking is a Myth

The human brain is not actually capable of doing two things at exactly the same time. Of course if you get proficient at something, you can get very good at switching quickly between two activities (to create the illusion that you are multi-tasking). A good piano player does this all the time (quickly switching his or her attention back and forth between the left and right hands.)

And a Blackberry does make it possible to be at your kid's soccer game and wait for an important e-mail message. But don't think for a minute that you can actually work on your Blackberry while watching the soccer game. Either you are not really watching the soccer game, not really getting anything done on your Blackberry or doing both poorly. If you play your cards right, maybe you'll watch the game with focus until the message arrives; but then you'll be in work mode.

Two recent articles highlight how there is no substitute for actually paying attention. One article focuses on the way computing can interrupt the healthy bonding that takes place between mothers and their babies. The other discusses how one doctor observed practitioners making a poor connection with their patients when they sat in front of a computer terminal while talking to them (scroll down to Electronic records no panacea.)

So stop checking your Blackberry when you are at a lunch meeting! You will only diminish the connection between you and your lunch date. If you are expecting an important message that will need a timely response, at least warn your companion and apologize in advance. Anything short of that is rude behavior (for those of us who still care about manners.)

Dress for Success

A partner at Womble Carlyle believes that lawyers should dress like lawyers. Personally, I rarely find myself wearing a tie or sport coat. It has been over 10 years since I worked in a job where I was expected to put on a suit every day and frankly, I don't find them that comfortable; but I think this partner is on to something.

Maybe what matters is that you have a suit in your office so that you can dress "appropriately" when you are with clients. We all expect our doctors and dentists to wear lab coats or scrubs. Don't clients who are paying several hundred dollars an hour expect to see their clients dressed in the appropriate uniform?

Which Way is Your Elevator Moving?

Assuming you are reasonably intelligent, success in law school is largely determined by effort. If you do the work, the grades will follow. In the real world, effort matters too; but once you are in practice, there are many other variables that affect your overall success. In the real world, showing up and doing a good job are no guarantees that you will advance.

In a law firm, your ability to originate work can have a big impact on your standing. You may be doing great legal work and providing great customer service. You may be putting in a tremendous effort to be a great lawyer; but that may not be enough in order to advance to partnership.

Furthermore, even if you are putting in a lot of effort to generate work, in the short run, your business development activities may not yield fruit. Put another way, if you have 10 business prospects, in all likelihood, 9 of them will fizzle. How you recover from that failure will affect your longterm success at generating work.

It is easy to get discouraged when a hot business lead goes nowhere; or worse, when one of your competitors wins the business and you know you would do a better job. When this happens, it is easy to step onto the "down elevator". Your confidence is challenged and you unconsciously communicate this to your remaining prospects. In sharp contrast, when you "win business", you step triumphantly onto the "up elevator". You feel confident about being retained to handle a piece of complex litigation or an interesting business transaction. You project this confidence and this in turn raises your rate of success.

So what is the career advice? Only be successful? Of course not. But network like crazy on the heels of a success. Stay on the "up elevator" as long as you can.

In the face of "failure", find a way to get off the down elevator. Here are some suggestions on how to reverse your momentum:

1. Do a great job on a client matter that you have on your plate. While this won't necessarily give you more work, if the client is happy and praises your work, this will help remind you that you are a good lawyer.
2. Look to your personal life for successes. Vigorously pursue accomplishment in sports, music, volunteer work or child rearing.
3. Circle back to the prospective client who awarded the work elsewhere and let him or her know that you would still be very interested in being a resource.
4. Do something fun for yourself (go to the gym, see a movie, get a massage, go out to dinner with a friend.)

I could go on; but you get the idea.

Measuring Success

Success is much more than the money in your bank account. While it’s nice to be well compensated for your work, there are many other important variables in measuring your success as a professional. Is the work you do challenging? Do you find it engaging and do you get good results? Do you like your clients? Are you respected by your colleagues and lawyers in the legal community at large? Are your personal and professional lives in balance?

As a recruiter, I actually score pretty high with respect to these intangibles. But because some of the other recruiters in my organization generate larger fees than me, I often have to remind myself that I am also a success.

The other night, for example, I was talking to a lawyer at a party. I described what I do and then added that I’ll never be the most “successful” legal recruiter. (I further explained that there are headhunters who generate three to four times as much as me in any given year.) To this he responded “Well I guess that depends on how you measure success.” And he was right! While I could make more money as a recruiter if I spent more time on the phone with “hot” prospects, I choose to spend a portion of my time writing articles, speaking on career issues, blogging and even counseling lawyers who I cannot place. Earlier this Winter, the ABA Journal named this blog to its Blawg100 (the top 100 blogs by lawyers, for lawyers.) To me, that was a huge measure of success (though it didn’t generate any fees.)

So how “successful are you”? Aside from the compensation you earn, how much respect do you earn from other associates? From partners? From clients? Are you a "good" lawyer?

A Bizarre Take on the Spitzer Story

Several days ago, I suggested some career lessons we can learn from Eliot Spitzer so I couldn't resist linking to this latest post by career "guru" Penelepe Trunk (I put the "guru" in quotations because she evokes both strong praise and equally strong criticism from her readers.) Penelope suggests that there are some good career lessons we can all learn from Spitzer's call girl. Her choice of subject matter is truly bizarre; but I think she makes some good points that are relevant to lawyers (1. invest in yourself 2. know what you are selling and 3. if you do more than one thing--which is true for most lawyers--look for the synergies, e.g. practice bankruptcy and finance, M&A and general corporate, etc. )

Returning to Law Firm Practice--Another View

In my post yesterday, I linked to my colleague Gloria Cannon's article about in-house careers. In the article, she made the case that it is difficult to go from a law department back to a firm (unless you can bring a significant amount of work from your corporate employer.)

I neglected to mention my own view which is that going back to private practice may not be quite as difficult as Gloria suggests (though it is certainly difficult--particularly if you want to return to a large firm.) Here is someone who supports this alternative view.

Going In-house: Potential Risks and Rewards

My colleague Gloria Cannon has written a nice piece about the pro's and con's of going in-house. She suggests that a ticket out of a law firm is likely to be a one way ticket--so think long and hard before you attempt the move. Gloria, who works out of the Pasadena office of BCG Attorney Search, has good personal insights because she practiced at a large firm and worked in-house for an investment management company (i.e. she held coveted jobs in both worlds.)

For a slightly different view, here is a piece that I wrote a few years ago.

What Women (and Men) Can Learn From Hillary

We can learn a lot by watching politicians stumble (to wit, Eliot Spitzer.) But we can also learn positive lessons for our own careers from public figures. Hillary Clinton is a politician who offers us both (i.e. guidance on how women in particular can advance and examples of how men and women can damage their careers.) A female partner at Andrews Kurth in Dallas weighs in.

Personally, I admire Hillary's tenacity, her debating skills and her focus on issues that matter a lot to me. But I squirm when I see her trying to embellish her resume with factually inaccurate material (e.g. the latest controversy over her trip to Bosnia.) She has plenty to be proud of in her career. I'm not sure why she feels the need to go beyond the facts.

Listening is More Powerful than Talking

A reader weighs in on my latest article on telling the truth in an interview. He suggests that the problem for many lawyers is that they are too concerned with their own technical qualifications when they are in an interview situation. He suggests that the key to success in any business interaction (job interview, meeting prospective clients or referral sources, etc.) is to use your listening skills:

I read your article and agree with it. My experience is more like yours so what you posit seems very common sense to me. However a lot of client service professionals, such as lawyers, accountants, and consultants, seem to fall into some of these traps.

They are so concerned about technical qualifications and problem solving and putting them out there that they neglect to think how others will receive them, i.e., not putting themselves in the position of their audience. Another way of discussing this is their failure to listen.

I see this in how they write their resumes and come across in conversation. They should communicate about the value they bring and the objectives they've accomplished in terms of who they are speaking to or to whom they are mailing their resume. Instead they do an information dump of sorts and hope something sticks. When interviewing people should align their accomplishments and skill to the objectives of the interviewer's organization. Amplify the strengths that fit, acknowledge your weaknesses and set them aside.

The quickest way to partnership is to bring in business, and to bring in business you need a network, and to have a network you have to get outside your protective bubble. Yet I observe deep seated resistance to this and I find it amazing--an overall lack of willingness to network or prospect and get "the big picture." I'm sure there are a myriad of reasons for their reluctance but I still don't get it especially since the vast majority of successful people maintain these skills.

Do You Have Friends in the Right Places?

I learn so much by watching politicians stumble. Sometimes I feel a sense of schadenfreude (i.e. rejoicing in the misery of others.) But I actually feel sorry for Eliot Spitzer (and especially his wife--who looks like she has aged years in the last month.) My take away from the whole affair (pun intended) is that Eliot Spitzer fell quickly because he did not have friends in the right places. His aggressive and muckraking style made him an easy target when it became clear that he had some skeletons in his own closet.

It was only 48 hours from the time that the first news hit the press to the time he announced his resignation. By any measure, that is a meteoric fall.

Would Spitzer had survived if he had made more friends in Albany? He certainly would have lasted longer. So the career take away is that given the choice, it is better to make friends than to make enemies. Get to know your colleagues. Show interest in them. You never know when you'll need their support.

Don't Cover Up Your Mistakes

That's today's advice from the Snark. And what if you are criticized for your shortcomings? I wrote a piece about this several years ago.

Reading Past the Headlines--Part II

In November, I commented on the first signs of layoffs in the legal profession. While we are seeing a continuing trickle of similar headlines including today's news about Dechert, it is still important to read the article before drawing any broad negative inferences. There is no question that many law firms have tightened their hiring criteria; but corporate and IP remain active areas of lateral hiring.

Distinguishing Yourself from the Rest of the Herd

If you made it to a large law firm, chances are you did a good job of distinguishing yourself in college and in law school. Now that you are working at a premier firm, however, it is not so easy to set yourself apart. But finding ways to distinguish yourself are key to your long term survival at at big firm. Here are some suggestions on how to make this happen.

Distinguishing yourself is also important if you want to effectively market yourself outside of your firm. But it may be more important to distinguish yourself in intangible ways (e.g. by being a great listener, by providing excellent customer service, or by managing your practice well) than it is to distinguish yourself by developing a particular niche (though conventional wisdom dictates that finding a niche is a good way to market your legal services.)

Does Multi-tasking Increase Productivity?

Electronic tools have made multi-tasking more possible than ever. If you wear a headset while you speak on the phone, you can rearrange files and even edit a document while you listen in on a conference call. You can drive safely to your court appearance and continue to catch up with clients who have left messages. It all means that associates today can get more done in less time and overall, be more productive. Or does it? There is growing evidence that most of us can't really multi-task, and when we do, our work product suffers. Our analysis is weaker. Doug Richardson explains.

What to Do If We Enter a Recession?

The media has an uncanny way of playing on our collective psyches. All the doom and gloom about the economy and the dreaded "R" word is enough to make anyone expect a pink slip. But the reality is far more complex. Even in a recession, there are winners and losers. In the legal world, some lawyers will be busier, while others will be unaffected. I continue to receive phone calls from client firms who need to hire more help.

Of course if your specialty is real estate securitization, you may have already been sent packing by your large law firm. The part of the economy that is dependent on a healthy residential real estate market is clearly in trouble. So what to do? How do you make sense of what is happening at your own firm? My colleague Carey Bertolet has some good answers. This may also be a good time to read a piece I wrote about the demise of Testa Hurwitz, a high flying Boston firm that died after the dot.com bubble burst.

P.S. The image above comes from one of my favorite vendors of corporate parody, Despair.Com . Click on it to take a look at their "despairwear tm".

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.

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.

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.

Tell the World About Your Successes

Like many lawyers, I grew up in a family where it was considered bad form to brag. I remember hearing my father (a math professor) speak disparagingly about businessmen and politicians. In his words, they were "operators". He valued achievement and in particular, academic achievement. Success that derived from fast talking was "cheating".

And so at an early age, I learned to temper my own bragging. Bragging was saved for indisputable accomplishment (a perfect score on an exam, first place in a competition, etc.)

As an adult, I've become much better at tooting my own horn. I've come to realize that there is nothing wrong with telling the world about your successes as long as you have earned them. In fact telling your clients, superiors, friends and family about what you have achieved is important on many levels. For starters, there are many far less deserving individuals who are only too happy to take credit. In addition, clients like to hear about your success because it reinforces the notion that they were right to hire you in the first place. Finally, the reactions you get can help reinforce your success to create more success.

When I found out that this blog had been selected for the ABA Journal Blawg 100, my initial reaction was: wow, that's great. But did I really deserve to be selected? Then I realized that this was news that I needed to share. So I started telling friends and colleagues. As the congratulations poured in, I realized that I should get the word out more broadly. So I began to e-mail more of my professional contacts. I sent notices to my alumni journals and contacted several journalists. I realized that this news was too good to keep to myself.

Successes are a great excuse to communicate with your professional contacts (or your superiors.) Don't be bashful about letting everyone know what you have accomplished and do not assume that they have already heard. People like to hear good news and sharing good news is a sure way to have your ego stroked. Did you get a good result for a client in or out of the courtroom? Let your colleagues at the firm know. Were you appointed to a high profile committee in or out of your firm? Contact your college and law school alumni publications. It may be bragging, but if you have done the work, you may as well get the credit and there are many times in life where we get no credit for our good work and deeds.

Reading the Tea Leaves

It's that time of year again when law firms will be making decisions about who has a future. Given the way the message is often delivered (i.e. indirectly and in a manner intended not to offend the associate), not everyone understands when all signs point to the door. Sometimes, work assignments begin to dry up. Other times, the partner tells the associate that maybe the firm isn't the right fit anymore. The "Snark" in Atlanta has more on the subject here for those of you who are not good at reading between the lines. This past Spring, my colleague Carey Bertolet also had a good article on the subject.

One way to avoid getting broad sided at a firm is be active in seeking out feedback. Don't wait for your annual review to find out that your writing needs work. It is also worth learning how to be better at taking criticism. I wrote about that subject just after 9/11.

But fundamentally, the "Snark" has it right. When a firm is very busy and cannot afford to lose associates, the message you receive may be unduly optimistic. After all, there is work to be done. But when work slows down, that is when you'll find out your true long term value to the firm.

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.

Baseball as a Metaphor for Life

As my children have moved through grade school, I've rediscovered one of my own childhood interests, baseball. And being a resident of Massachusetts, it's hard not to love the Boston Red Sox, especially today, as we celebrate our second World Series victory in four years. I've also come to appreciate how much we can all learn by following America's pastime.

Baseball teaches us that losing is the norm. A batter who gets a hit one out of every three times he is up at the plate is considered a superstar. A team that wins ten games in a row is on fire. Winners are not individuals who "win" all the time. Winners are individuals who know how to get past failure.

The World Champion Boston Red Sox were down three games to one in the ALCS playoff and came back to win the next three games. The Colorado Rockies, who were declared "out of it" long before the end of the baseball season (so much so that Major League Baseball did not even let them sell post-season tickets in August), did the unthinkable and won 13 of their last 14 regular season games only to clinch a playoff spot in a special playoff.

What this teaches us is that even champion teams fail. Even the best athletes have bad days. No one is successful all the time. So what have you failed at lately? How have you made your comeback? How have you turned losing into winning? Go Sox!

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

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

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

Job Security--Learning From the Bush Administration

I join the 60 percent of Americans who believe that George W. Bush is not doing a good job as President of the United States. Nonetheless, I still think there are valuable career lessons that to learn by observing one of the worst Presidents in American history.

Attorney General Alberto Gonzales is a good case in point. By all objective measures, Gonzales should have lost his job months ago. In March, I wrote about the importance of integrity and predicted that Gonzales wouldn’t last a week.

Almost six months have past and Gonzales still has his job. Although members of both parties now believe that he has lied to Congress, Gonzales has continued to report to work every day as the Chief Law Enforcement officer of the U.S.

I still believe that integrity matters a lot (on the job and in life in general); but the case of Alberto Gonzales teaches something else. It teaches us that loyalty is the best way to maintain job security. Operate with integrity. But if you want to keep your job, demonstrate loyalty.

In short, if you can build strong relationships with your superiors, you will enjoy much greater job security. If powerful people in your organization support you because you have demonstrated a high level of loyalty in the past, then they are more likely to go to bat for you when the going gets tough.

Even from a purely political perspective, it is hard to see why Bush continues to support his Attorney General. Republicans and Democrats alike want him to go. But clearly, Gonzales’ relationship with Bush and past demonstrations of loyalty are helping Gonzales to stay in power despite huge odds. While I do not believe that this should be a substitute for acting with integrity, clearly, we can all benefit by showing some loyalty in the workplace.

"Danger, Will Robinson!"--Baby Boomers About To Retire En Masse

I mentioned in an earlier blog the huge opportunities and challenges facing law firms with the impending baby boomer exodus from the leadership ranks. I thought I would expand on that theme here.

That's right, you heard me--the long-standing complaint among senior associates and junior partners that they have no role in leading firms is going to radically change in the next few years. Take a look at the bios of the leaders in firms--that grey should be telling you something. That, coupled with several years of very healthy profits for equity partners (meaning less incentive to hang on and keep billing), and moreover combined with the heightened expectations of us all for long and fulfilling retirements, will all work together to create a single and compelling phenomenon: an impending tsunami of retirements that is going to rock the leadership of firms great and small. Click here if you don't believe me.

As the referenced article advises, most law firms are blissfully unaware of the potentially crippling effect of management ranks being felled through retirement. Those that can begin to plan ahead and really take stock of their intellectual capital (meaning of course their junior and mid-level partnership ranks) and begin to groom them for real leadership, will weather the storm. Those that won't will be scrambling to import high-ranking talent from other firms to bridge the gap.

The looming crisis could even be bad enough to force many more firms to adopt corporate-style leadership with true CEOs and all the rest (possibly even, gasp, non-attorney management!). It will be something to watch, believe me. It will also be a feeding frenzy in the recruiting world.

Mark my words, firms stuck in old-style, top-down management styles that don't account for the development and grooming of their talent are going to be in for a shock. Further, all these factors combined with the tendency even of current leadership to think only of their own careers with no regard for the future of firms, is going to mean huge opportunities for some--and yet further rounds of mergers. Also, even those firms that have been doing a good job at bringing up good talent are going to find even greater pressures in terms of retention--good leaders are GOING to be even more aggressively recruited.

The smart money is going to be on firms that combine solid retention strategies with agressive recruiting practices and close collaberation with professional headhunters.

Bright young partners be on notice: You may be far closer in line for the 'throne' than you think!

You heard it here first, folks!

Pete Smith, Esq.

BCG Attorney Search

Is "Up or Out" In or Out?

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

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

Show Me the "Promotion"

There are a huge number of talented lawyers who would happily work 3/4 time for 3/4 pay. You would think that by now, some major firm would have figured out how to capitalize on this reality. Instead, we see large firms in all the of the major legal markets rushing to match their competitors in the latest salary wars. There is no significant movement at large firms to address the work/life concerns of lawyers who want to do great work but maintain a life outside of work.

But what about Thelen Reid in California? They've just announced a 2 tiered pay scale which raises starting salaries to $160K for associates willing to commit to 2000 billables but leaves starting salaries at 145K for associates who prefer to bill less.

This sounds like a creative approach and I'm sure some of the partners who proposed this were sincere in their belief that the firm can support different levels of contribution. But given the general track record of law firms on these issues, I think it is a risky career strategy to choose the second tier pay.

if I volunteered for the lower pay scale, I wouldn't necessarily expect to advance to partnership. Along with the policy, Thelan needs to show some success stories that demonstrate that they are truly committed to the multi-tiered approach. If associates who choose "plan B" can still advance to partnership and have influence at the firm, then it makes career sense to consider "plan B" as a viable long-term career option. Otherwise, an associate choosing this option is only speeding up his or her ultimate departure from the firm. Perhaps this a tad cynical; but it comes down to the old adage that "actions speak louder than words."

Dealing With Unrealistic Client Expectations

Personally, I find this to be a challenge, even in the search business. There is a delicate balance between giving a client some "push back" and totally alienating the client in such a way that you lose the engagement. Julie Fleming Brown has some sound advice on the subject.