Category: Legal Employment

Attorney Wellness and Mindfulness Part 1: Why is Mindfulness a Benefit to Attorneys and others in the Legal Industry?

Attorney wellness and a focus on all aspects of employee well-being, including mental health, has become an important issue in today’s workplace environment.  Law firms, and the legal industry in general, with its competitive reputation, expectation of heavy workloads and high stakes environment is beginning to embrace wellness practices as an anecdote to the chronic stress often faced by attorneys and other individuals who work in law firms.

The problem is so widespread that in 2017, the ABA House of Delegates approved Resolution 106  amended the ABA Model Rule for Minimum Continuing Legal Education (CLE) to include a requirement for lawyers to receive at least one hour of mental health, substance abuse credit every three years.  And mental and physical health issues as well as substance abuse CLE courses are mandatory in several states, such as Illinois and Florida or count towards professional responsibility credits in numerous other states.

Elena Rand JD, MSW and Chief Marketing Officer of Wiggin and Dana has been working on this issue for years, putting her experience as a litigator and a legal executive coach along with her Master’s degree in Clinical Social Work to help those in the legal industry understand chronic stress, how it impacts the body, and how mindfulness, even at a basic level, can help improve performance and well-being.

Elena Rand and Eilene Spear of the National Law Review will be hosting a panel at the Momentum Events Employee Wellness Event for Legal and Professional Services Providers at the Riverside Hotel in Fort Lauderdale on February 27- 28, and in preparation for that presentation they sat down and discussed some aspects of mindfulness, identified some barriers to its practice and outlined the need in the legal industry.

I know you have formal training in Clinical Social Work and have dedicated much of your professional life to workplace health and wellness issues, can you take a minute or two and address your background and why wellness at the workplace, specifically in the legal industry is an issue that you care about?

Attorney wellness and wellness and the legal community in general is something that has been sort of a mission and a passion of mine probably for the last 15, maybe even 20 years. It really came to the forefront of my attention when I was working as a legal executive coach.  I was doing coaching for a large law firm, really focused on working with attorneys to improve their leadership and business development and networking skills and taking high-performers to the next level. What I invariably discovered is that there is an underbelly of crisis and struggling for many of these enormously successful, high achieving, high performing go-getting attorneys. I found that attorneys were struggling both in terms of managing their baseline day to day life to extreme mental health issues and addiction. That kind of came to full bloom and grabbed my attention.

As a legal executive coach working with high-performing attorneys, I was sort of a first responder in many ways for a lot of the wellness and mental health crises that were being buried for many, many years. Before we could even get to how to focus on getting you to the partnership level, and how do we focus on doubling your book of business, attorneys were coming to me on their own saying, “I don’t think I can take another moment of this,” or “if I add one more thing to my day, you know, I’m going to, I’m going to really lose it.”

I started to see that this was an issue that kept popping up and presenting itself, so I went back to grad school and earned a master’s in clinical social work. I wanted to have a real behavioral toolbox so that I could understand human behavior, understand the spectrum of wellness and the lack of wellness, and really be able to service the legal community in that way.

Additionally, wellness has been a lifelong personal struggle and mission, in my life.  I was one of those crazy, high-performing litigators who hit a wall at 90 miles an hour when I had my first child at the age of 27 and suffered from crippling postpartum depression. Suddenly, after years of just pushing and pushing, I one day woke up to realize that I was now severely impaired. It was very scary and humbling and you know, it became sort of my own passion and mission to really bring a level of attention and awareness to wellness in the legal community.

It’s pretty obvious that the legal industry is very competitive and that it can be full of very high-stress situations. What are some symptoms of constant stress that you might come across in the day to day operations of a typical law firm?

That question’s really important. You know, stress is basically a physiological reaction to a perceived threat to you and to your environment, right? So that’s where you get the whole fight or flight physical response. That’s what stress is. From a biological perspective, what ends up happening is your blood pressure goes up, your veins constrict, and you have basic physiological symptoms kicking you into fight or flight mode.  From purely a biological perspective, these automatic stress responses can have serious ramifications that can end up impairing an individual’s daily functioning.

Biology impacts our behavior; so chronic, ongoing stress in the body manifest and present some clearly identifiable behavioral dysfunctions. For starters, chronic stress induces a level of constant baseline agitation. Everything and anything can be irritating to the point of explosion.  Everyone is a little bit of a powder keg about to explode. Chronic stress will cause sleep deprivation. It has been linked to eating disorders. It can cause imbalances in your metabolism. It’ll cause imbalances in your serotonin level, and the other thing it does is it causes isolation. You have increased isolation with stress because you’re protecting yourself.  You’re not talking to anybody, you’re going through all of these things and everything in your body and mind is telling you to isolate.

From an executive functioning point of view, there is so much research to show that people functioning under high levels of stress for a long period of time can demonstrate impaired judgment,  impaired ability for conflict resolution, and impaired compassion. These impairments impact interpersonal relationships at work including client relationships. High stress has a whole host of impairments associated with high-level executive functioning that really is being called into play moment to moment. As an attorney, chronic stress can compromise your ability to focus and use good judgment. Your ability to analyze situations correctly and be able to step away and say, “is this a moment for confrontation?” or “is this a moment for cool off?” is now off.  Your ability to assess how best to present information appropriately to the client, to the associate, or to the partner is also off. Bottom line is that chronic high stress really impairs many of the operational skills needed to interface and practice effectively as a lawyer.  Finally, it also impairs the softer skills that are really needed as you become more of a senior partner and involved in business development.

From a business perspective, both individuals and the institutional law firms are negatively impacted by untreated chronic high stress as an individual’s capacity to handle situations and use good judgment and analysis have basically gone out the window.

How does mindfulness practices help counteract that stress in a typical law office environment?

Basically, mindfulness is bringing your attention to the present moment in an intentional, deliberate and systematic kind of way with an attitude of acceptance of whatever might show up or for whatever you’re experiencing. What mindfulness does, is it forces you to pause, which is, you know, a novel concept for many attorneys. One of the key things that happen when you are in a stress-induced situation is you stop breathing. We hold our breath. When you do that, you essentially jack up all of those sympathetic stress indicators in your body I mentioned before. I really want to make mindfulness super clear and basic, because I want to make mindfulness practice really accessible and strip away any preconceived ideas of what mindfulness is.

So, what is the power of the present moment?  If we strip it down, the present moment for any human being at any given moment is made up of  a cocktail of  their emotions, their sensations, and/or their thoughts. When you’re bringing your attention to that bundle of things that are happening, what you’re feeling, what you’re thinking and what you’re sensing in the world, suddenly you start to breathe and you start to invoke and sort of trigger your parasympathetic nervous system, which is the self-calming, self-soothing embodiment that we all automatically have in our body. What you’re inviting yourself to do is to intentionally focus on the present moment so that you can breathe, so that your body can be able to kick itself into a place of calmness.

We’re not talking about achieving nirvana, you know, we’re talking about creating a tool that is user-friendly so that in the moment you can pause, breathe and be able to ground in the present moment so that your body and your mind can kick into a better and perhaps, more optimal way of functioning.

That’s a simplified way of thinking about it because other levels can be a little off-putting or intimidating.  If you read a lot of philosophy on mindfulness and meditation, anyone who claims they’re an “expert” in mindfulness doesn’t get it, in my opinion. We’re all beginners. And the idea that we are all beginning all the time in this process with the “beginner’s mind” is what can make the difference of whether you try mindfulness or not. There is no perfection or achievement award in mindfulness; starting at the beginning and paying attention to the present moment over and over again is the practice.

Many thanks to Ms. Rand for her insights.  Monday we will have Part 2, which will address the basics of what mindfulness practice can be, as well as some barriers to practicing mindfulness and how to overcome them.

Copyright ©2020 National Law Forum, LLC

On-Demand Creativity: Five Ways to Foster It in Your Law Firm

Lawyers aren’t necessarily thought of as those who practice in a “creative” profession. At least not in the same way that artists, writers, musicians or marketing professionals are deemed “creatives.” However, lawyers and those who support them know that nothing could be further from the truth. In fact, the practice of law demands creativity in virtually all aspects – creating ingenious defense strategies, crafting brilliant opening statements, structuring unique partnerships or mergers or acquisitions, etc. Law firms also routinely launch creative marketing campaigns or inventive business development strategies. Plenty of law firms even get creative in terms of alternative billing structures. Indeed, the practice of law and the business of running a law firm require virtually nonstop creative thinking and strategy.

However, as most attorneys and firms know, generating creative inspiration can prove challenging. After all, some of the best ideas seem to materialize out of thin air, with an out-of-the-box design for working up a case coming to light during the course of other work. Since trial-winning ideas or successful marketing strategies that generate a particularly impressive ROI often seem to come to life out of the blue, it’s worth asking the question: Is there a way to generate creativity on demand? The short answer is: yes.

Drew McLellan of Agency Management Institute addressed the notion of sparking creativity on demand in a recent article, which we’ve expanded on below, including one of our own strategies. Here are five suggestions for drawing out creative ideas at your law firm when you need them.

Ban the Notion of Bad Ideas & Champion Creative Chaos

Obviously, not every idea is going to prove to be a winning strategy for your firm or your client, but by making it clear that all ideas are worth exploring, you may lay a foundation for creative chaos. Sometimes the worst ideas serve as the catalyst to make your team members think, which then spawns a great idea that otherwise wouldn’t have emerged. Too, if you set a culture where people can’t speak up, or their ideas are snuffed out, you may be silencing that one person who will come up with the dead-on idea for the brainstorming session.

Allot Time for Creative Idea Sharing at Meetings

During regular meetings, be sure to include time for idea sharing before heading back to your respective offices. Often, due to time constraints, meetings are held to strict time limits. Unfortunately, because of the volume of information shared during a meeting, there may not be time for an associate or team member to share an idea they have, which likely took shape during the meeting. By scheduling an extra 15 minutes at the end of regular meetings, you may just generate some of your best ideas yet.

If this isn’t possible, try scheduling an agenda-less meeting once a week, just to pick the brains of your colleagues.  Simply open up the meeting by asking something like: “Are there any ideas that you have that would make this firm run smoother or would make this case progress?” Then, open the floor up to input from your attorneys and team.

Champion Your Team’s Growth

Supporting the individual passions of your attorneys and staff is another great way to generate creativity. If you have an attorney who is an avid rock-climber, for example, encourage them to keep it up, and share their experiences about it. Likewise, if you have team members who are curious about pursuing a particular hobby, ask for updates on their progress and learn more about what they find fulfilling about it. The more you get to know your colleagues and who they are outside of the office, the greater the likelihood they may share ideas that come to them during off-hours.

Suggest Both Reasonable and Risky Solutions to Challenges

Creativity often emerges while pursuing solutions. When you’re brainstorming a solution to a problem, try to come up with one solution that is safe and practical, but also one that is risky, or otherwise unusual. By offering these ideas up to your peers, you’re likely to spark creative thinking on their part as well.

Embrace Creative Activity Team Building

Much like supporting the individual growth of attorneys and staff, it’s valuable to invest in team building. Consider a creative endeavor for your next team building exercise, such as a group night out at an art museum. Any activity wherein the focus isn’t just on chatting—such as attending a sports game or a happy hour— may just help to solidify friendships amongst firm members, who are then more open to idea sharing with the group.

Generating on-demand creativity in and of itself requires a bit of creativity. Consider these five suggestions or other ideas that these spark, in order to keep your firm investing in ingenuity.

© 2020 Berbay Marketing & Public Relations

For more legal team development ideas, see the National Law Review Law Office Management section.

Preparing for Performance Reviews

Every legal recruiter and professional development professional understands the importance of planning for significant initiatives.  Operating by the seat of one’s pants simply does not work within this industry.  In the days that precede your performance review, consider the following:

Before you think short, think long

By definition, any annual performance evaluation must include a review of your key undertakings during the previous 12 months.  That review, however, should only consume a fraction of the time that you spend with your supervisor.  As quickly as possible, move your conversation from a focus on wherever you were a year ago to wherever you hope to be at some future stage in your life.

This means that you must invest time developing your long-term professional goals before your evaluation begins.  If you are less than certain as to what your next career move might be, as soon as possible, do the following:

  1. Set some time aside and let your imagination go wild.  Create a virtual or actual whiteboard and post every work and career possibility that tickles your fancy.  It doesn’t matter how crazy any one option now appears.  Post all options somewhere and give yourself permission to seriously consider them.  Eventually, narrow your focus to your two or three best choices.
  2. Once you’ve identified your best options, move from thinking to doing.  Research your top three options and identify the skills, talents and experiences that you need to develop or acquire for you to make your dream position a reality.  Engage in “radical collaboration”—reach out to valued colleagues and peers as well as experts in a particular field.  Inquire about the benefits and costs that might be related to any career shift.  If it’s possible for you to gain hands-on experience, by all means do.
  3. Reframe problems.  Be prepared for naysayers, the people who will suggest a multitude of reasons that should keep you from imagining a future that is different from your status quo.  When others point out potential obstacles, welcome their feedback.  Then, go off on your own and carefully consider whether a perceived obstacle is a proverbial mountain or a minor molehill.
  4. Realize that we are all on a journey.  All of the knowledge and experience that you have acquired thus far in your life has helped you arrive at exactly the position where you are right now.  But your journey is not over.  There’s nothing wrong with a periodic pause to consider whether you should turn left or right.  But just pause; don’t come to a complete stop.  Every experience that you have, every piece of knowledge that you acquire today will help you arrive at your next resting point.

To the extent that you invest in this effort before your performance evaluation, you can make the limited time that you have with your supervisor more useful and valuable.

[Two resources that might help you jumpstart your thinking include Start with Why (2009) by Simon Sinek and Designing Your Life, How to Build a Well-Lived, Joyful Life (2016) by Bill Burnett and Dave Evans.  Both books are thought-provoking, and the authors have created workbooks that can help you think through your general purpose in life and where you may wish to venture.  Burnett and Evans are responsible for the term “radical collaboration.”]

At your performance evaluation

Be prepared to address your performance during the previous 12 months, including activities in which you know that you exceeded expectations.  For activities in which you met or fell below expectations, be prepared to:

  • Analyze what you did well;
  • Analyze what did not go as well as you had hoped and why;
  • Identify what you could do better; and
  • Suggest what you plan to do next.

Throughout your evaluation, listen deeply to your supervisor’s perspective regarding your performance, which may be completely different from your own.  In a world in which we are all moving at the speed of light and distracted by a million-and-one requests, I am increasingly amazed at how frequently two people participate in a singular event and yet experience it very differently.  Your performance review should move you and your supervisor toward a shared understanding of the past and give you the opportunity to collaborate on creating your future.

If you’re blindsided

If your supervisor blindsides you—brings up some issue(s) about which you are totally unaware and unprepared to address—do not respond immediately.  Instead, give yourself the opportunity to participate in a future thoughtful and responsive conversation by stating the following:

  • I appreciate your feedback. 
  • Can you give me one or two specific examples when I didn’t hit the mark?
  • I’d like to take a day or two to process this information. 
  • May we schedule a follow-up meeting?

Be prepared to self-promote

Muhammad Ali once famously said, “It’s not bragging if you can back it up.”  If you’ve retained appreciation emails from firm partners or key firm decisionmakers that recognize your good performance, bundle these and carry them to your performance review.  If you’ve had numerical targets that you were challenged to meet during the previous 12 months, gather your quantifiable verifiables and be prepared to share them.

If your next professional move involves your current employer, be prepared to document that you have the natural talents to succeed in this new capacity.  The Top 5 CliftonStrengths assessment tool is an easy, affordable instrument that will help you confirm your unique talents.  Given your understanding of your employer’s wants and needs, be prepared to show a match … how you and your talents can help your supervisor and your employer accomplish their strategic missions.

© 2019 Mary Crane & Associates, LLC

For more on legal performance reviews, see the National Law Review Law Office Management page.

Law Firms and Millennial Attorneys: Strategies to Develop Leadership Pipelines for Smooth Firm Transitions

Next year millennials will make up one-third of the workforce.  A recent study released by ManpowerGroup provides some compelling insight about millennials in the workplace.   The study asked 19,000 Millenials and 1,500 managers across 25 countries how they viewed their careers and what were their career priorities, with the goal of offering practical advice for millennials and their employers in the quickly evolving work environment.  The results offer some statistics and finding for employers generally, and law firms, specifically, have some lessons to take to heart.

According to the survey, 23% of the millennial respondents said making a lot of money is their main goal, 21% want to make a positive contribution and 20% want to work with great people.  But only 22% of the millennials surveyed indicated an interest in growing into leadership roles and only 4% of millennial respondents valued “managing others.”

These factors, when combined with the boomer exodus out of the workforce is pointing to a leadership vacuum across industries, with 84% of organizations anticipating a shortfall of leaders over the next five years.  In fact, leadership transitions are becoming more frequent and complex, and developing a leadership pipeline in law firms needs to become a top priority.  Law firms, when working with millennial attorneys, would be well-served to find ways to incentivize leadership, increase transparency surrounding firm decisions, especially the partnership process in order to create a leadership pipeline to ensure successful succession planning and relationship management.  To examine this issue, we spoke to several law firm consultants on the state of leadership in law firms,  how firms can engage and cultivate their millennial talent to take on leadership roles, and how marketing and business development teams fit into this process.

Importance of Developing Millennial Leadership and Talent at the Associate Level

Jonathan Kirschner, CEO of AIIR Consulting, points to conditions in law firms, that may make developing leadership habits in millennial attorneys more challenging.  In a traditional law firm structure, leadership at the associate level is not incentivized. Associates are valued for their ability to work hard and long, creating a situation where young lawyers are not encouraged to reach out and develop leadership skills, but rather rewarded for keeping their nose to the grindstone.  Kirschner says, “If a newly minted lawyer has to choose between a single billable hour and coaching a colleague or peer, the former is a much more useful currency in today’s traditional firm.”  Alycia Sutor of GrowthPlay points out that many of the characteristics that comprise good leaders are important to millennials–just divorced from the authoritarian and hierarchical packaging associated with a traditional law firm. Kirschner says, “firms need to do a much better job defining what leadership is and why it is important.  If leadership isn’t treated as a significant factor in promotability, then there is a strong chance it won’t be cultivated.”

The Role of Transparency and Feedback in the Law Firm Leadership Pipeline

Sutor points out that firm looking to secure their leadership pipeline would do well to “exemplify the kind of behaviors that millennials value–being more transparent . . . and being relationship-focused and investing in the success of the people at the firm.”  In doing so, firms can cultivate their high-potential talent and help ensure the firm’s leadership for years to come.  By providing young lawyers with feedback and offering mentorship and advice, Kirschner says, “associates become more self-aware of their strengths to leverage, develop key leadership skills, and cultivate client management skills, and firms will, in turn, build up bench-strength.”  Finding ways to offer feedback and evaluation–in a positive, affirming way can show young attorneys that they are an important part of the firm’s future.  John Remsen, Jr of the Remsen Group points out that providing positive feedback in a public setting can be an easy, inexpensive way to cultivate the kind of behavior law firm leadership wants to see, and help younger attorneys feel invested in turn with the firm.

As part of embracing transparency,  Kirschner suggests that eliminating some of the mystery around the Partnership approval process can help. Young attorneys are often likely confused and frustrated–they have the ambition and desire to reach that level, but don’t know what else is required beyond hard work.  Kirkschner says, “firms with great succession planning practices favor transparency over keeping a black-box around both the process as well as the necessary skills and competencies.”   By clarifying advancement criteria law firms can develop a system where important metrics are met, and this can open the door to non-billable activities the firm may want to encourage–such as pro-bono work or legal marketing activities.  Remsen  agrees, saying, “Everyone will give you what you want, if you indicate that it matters, set the expectations, apply metrics and ultimately reward the desired behaviors.”

Creating a Law Firm Culture to Develop Leadership Talent

According to Remsen: “There are things law firms can do beyond dollars to build a culture where young lawyers want to go and thrive.”  Law firms find extreme value in taking steps to craft a leadership pipeline, such as shifting the hierarchical structure to create a space for younger attorneys to flex their leadership abilities and shape the firm into a place where they want to be.

There are plenty of ways to do that, and Sutor says, “firm leaders can give millennials opportunities to practice leading on a small scale.”  Remsen agrees, suggesting law firms create “deputy” positions with the firm to encourage younger attorney engagement.  By getting more creative about leadership development, firms can reconfigure talent pipelines to create new leadership levels, Kirschner says, “this can increase career optionality and make mobility less of a zero-sum experience.”

Firms should also consider asking younger attorneys for input on firm culture issues–especially in relation to changes to make the firm more attractive to attract and retain talent.  Sutor suggests: “create opportunities for millennials to reverse mentor or teach others . . . charge them with connecting to others across the firm for the purpose of feedback and perspective on an issue up for discussion.”  Keep in mind this may open the door to some dramatically different suggestions about how the firm does things–especially surrounding work-life balance issues.  However, the changing dynamics of the job market coupled with millennials’ willingness to change jobs or even careers, large changes in workplace culture at law firms may well be worth considering.

Pro bono projects are excellent opportunities for young attorneys to take a leadership role, manage a matter, and contribute to their own development in a way that can make a difference both to the pro bono client and within the firm.  This can be a win-win for the firm and the attorney involved, as he or she can use their legal education to make a positive contribution (something a fifth of millennials surveyed want to do) while elevating the firm’s reputation in the community.

The Role of Business Development in Law Firm Leadership Development

Client relationship management is very important for a firm’s bottom line, and the voice of the client–a voice that is increasingly demanding diversity from outside counsel can be instrumental in advocating for the kind of change many firms need to enact.  Sutor says, “Marketing and Business Development folks can champion millennial participation by encouraging senior partners and law firm leaders to consider who may not be represented at the table in key activities like client pitches or network building activities.”  Sutor explains that the demand for diversity coming from clients also includes a generational perspective.  Including associate attorneys in business development activities with clients–including networking or other events, not just at pitch meetings, the relationship between firm and client can be strengthened across generational lines.  Increasingly millennials are also making key decisions in retaining law firms.  By using the voice of the client, marketing and business development teams can make a compelling argument for law firm leadership to examine the gaps in their age, gender and cultural representation and encourage the participation and development of younger attorneys.

Law firms that are able to find ways to engage and develop their millennial attorneys through firm initiatives are building a competitive advantage in the increasingly competitive legal marketplace.  By harnessing the voice of the client, crafting pathways and pipelines for young attorneys to contribute meaningfully to the culture of the firm as well as providing newer attorneys with feedback and training opportunities to develop their own skills and abilities, law firms can smooth out some of the succession bumps and ensure the next generation of leaders will be ready to take the reins.    Kirschner says, “The best way law firms can gain leadership capacity is by growing it organically.”

Copyright ©2019 National Law Forum, LLC
For more legal career developments, see the National Law Review Law Office Management page.

5 Ways Traditional Law Firm Culture Burdens Lawyers of Color

City University of New York Scholar and Sociologist Tsedale M. Melaku studies diversity in the legal field, and in a recent Harvard Business Review article she wrote specifically about the social and professional challenges nonwhite lawyers face when they work for traditional law firms. While most white law leaders now appreciate the importance of fostering diversity, their own life experiences may blind them to the specific ways in which conventional law firm culture complicates the path for the lawyers they sincerely want to recruit, retain and support.

Fortunately, Melaku’s interviews with these lawyers illuminate the very concrete problems — and hint at solutions, many of which can be driven, or at least implemented, by marketing and business development teams. Here’s a handful of the challenges these lawyers face:

PR and marketing support automatically follows the rainmakers.

When an attorney lands a game-changing client or nabs a record settlement, the firm promotes the win with a press release, mention in the legal press and maybe even an opportunity for that lawyer to write a column on his practice area. Those are all smart PR moves. But if your marketing and PR “carrots” are distributed just to your firm’s big winners, you may find that every time a picture of one of your lawyers runs in the legal press, it is one of the same handful of white men.

Instead, firms need to imagine a broader purpose for PR: spotlighting attorneys for what makes them unique can be a catalyst for growth and advancement, rather than just a reward that comes after an important deal. Do you have attorneys taking a novel approach to some niche within their practice area? Or who came to their work in the law by an unusual route? What about interesting pro bono work? An active blog, a podcast or other creative use of technology to reach clients? All of these traits represent potential avenues for feature stories, bylined thought leadership articles, conversations with reporters or ideas for conference panels that will give new attorneys a chance to build their individual profiles and the overall brand of the firm.

Serving as the “face” of the firm’s diversity initiatives is (uncompensated) work.

Sadly, diversity is so rare in the leadership class that when firms do manage to advance a lawyer of color, that person is often tasked with representing the firm on panels and at events in addition to serving their clients. While some lawyers may welcome these opportunities, others might prefer to focus on the practice of law. So, even as firms provide additional PR and marketing support for diverse attorneys, firm leaders must recognize that contributing to outreach and diversity initiatives is work — and should be treated as such. Some firms allow attorneys to bill for this time just as they would for client work. Others consider it on performance evaluations when it comes time for raises or bonuses. Find a way to compensate these attorneys for this extra work.

Traditional networking depends on access.

Snagging clients on the golf course, in the country club, or during an ivy league alumni weekend are great business development strategies — for some people. But not all lawyers grew up playing golf, and many elite clubs in this country still have a checkered relationship with diversity, making membership far from routine or even comfortable for lawyers of color. Does your firm celebrate these “chance” encounters with clients at the expense of more formal and inclusive forms of networking?

Support your hires from nontraditional backgrounds by helping them build professional networks that feel authentic to their own experience. This might include support from communications professionals to pitch them for conference panels, nominate them for awards and help them get involved in professional organizations. There is more than one way to network, and lawyers need to know their firm supports their pursuit of new business in ways that honor who they are.

Mentors tend to choose mentees who look like them.

Mentoring has been held up as a key tool for improving retention and advancement. But when senior attorneys think about grooming the lawyers who will someday lead the firm — and inherit their clients — they tend to choose the lawyers who remind them of themselves. Firms are fond of saying that mentoring relationships should come together “naturally,” but for young lawyers who don’t see people like them in leadership positions, this often leads to no mentoring at all.

Firms can take action on this without getting paralyzed by the chicken-and-egg problem (the only way to advance young minority lawyers is to put minority mentors in place, but those lawyers need mentors to get there). Proactive planning to make mentoring part of the work process, and careful matchmaking to connect your firm’s best teachers with the lawyers who can benefit from their experience are good first steps. Not everyone is cut out to be a mentor, and that’s fine. The firm should take responsibility for facilitating these relationships and for evaluating the effectiveness of mentors. Are their mentees advancing in demonstrable ways? Mentorship should involve more than just offering advice; mentors should also be actively sponsoring and promoting their protégés for stretch assignments and leadership opportunities.

Dress codes privilege European standards.

Lawyers of color face both explicit and implicit expectations about how members of the firm should dress and wear their hair. While written dress codes that prohibit, for example, garments worn for religious reasons are obvious violations of equal employment opportunity laws, rules that bar styles worn for cultural or personal reasons may be legal but no less burdensome. In some firms, the written dress code is quite vague, requiring “professional dress,” but the implicit expectations that come along with it are specific and exacting.

The truth is, the notion that conservative business suits for men and women set the standard for professionalism is a white, Western idea. So are norms around hairstyles, facial hair, makeup, jewelry, fingernails, heel height and other aspects of personal expression. Body sizes vary, and not everyone can easily (or affordably) adhere to traditional requirements. Or they may not want to. Dressing authentically is, for many people, an expression of pride in their identities and an opportunity to increase visibility and inclusion, sending a message to younger attorneys on the way up that they, too, belong. If your firm insists on conformity, even when it doesn’t impact job performance, whom might that exclude? And what does your firm miss out on when your lawyers aren’t comfortable bringing their whole selves to work?

Firms that are truly serious about moving the needle on diversity and inclusion understand that the secret is not rearranging the seats at the table, but making that table bigger. In every aspect of work life at the firm — office culture, client engagement, mentoring, promotion and, of course, the practice of law itself — you must establish policies that encourage your attorneys to bring their unique perspectives and insights with them each day. It’s how you will retain and advance the diverse leadership class your clients demand. And it’s the only way you will realize the true benefits that come from different kinds of people solving problems in different ways.

© 2019 Page2 Communications. All rights reserved.

For more on law firm diversity, see the National Law Review Law Office Management page.

Legal Industry News for October 1, 2019: Law Firm Mergers, New Additions and the Best Paralegal Programs

With fall officially upon us, the legal industry continues to whirl with change, innovation and movement.  Read on to learn about some of the developments from the past two weeks, covering law school changes, law firm updates and legal technology developments.

Law Firm Moves: Mergers, Practice Group Additions and New Hires

Boston law firm Anderson & Kreiger LLP recently announced Lon F. Povich has joined the firm as Counsel. Povich is former Chief Legal Counsel to Massachusetts Governor Charlie Baker.

Mr. Povich says: “As I return to the private practice of law, I wanted to join a firm that offered challenging work in both the public and private sectors as well as an inclusive and supportive culture that prioritizes practicing law with the highest professional standards.”

As Chief Legal Counsel, Povich oversaw the confirmation process for 130 judges across the commonwealth, including 4 on the Supreme Judicial Court.  Additionally, he counseled on the regulation of new industries, such as gig economy staples like Uber, short term rentals like Airbnb and the legal marijuana industry.  Povich also contributed to the 2018 criminal justice reform bill and the 2015 reforms for the Massachusetts Bay Transit Authority (MBTA).  David Mackey, Managing Partner at Anderson & Kreiger says, “Lon will bring to the firm experience with the wide variety of issues he dealt with in the Baker administration as well as a diverse set of experiences in the private sector and as a federal prosecutor. We know that he will be an excellent colleague and he will further strengthen our ability to serve our clients.”

James V. Drew has joined Katten in the firm’s New York office as a partner in its Insolvency and Restructuring practice.  Drew has fifteen years of experience advising clients across a variety of industries on insolvency matters.  He has particular experience in “conflicts counsel” or as an independent director role on investigations or litigations of claims and causes of actions on behalf of debtors, secured and unsecured creditors and indenture trustees.  Additionally, he has experience handling matters as lead counsel for debtors, lenders and other creditors, equity holders, liquidators and defendants in avoidance actions or bankruptcy litigation.

Steven Reisman Katten
Steven Reisman

Steven J. Reisman, the head Katten’s New York Insolvency and Restructuring practice, says, “Jim is a highly skilled attorney who is respected by his clients for his practical advice and business-minded approach to addressing their most pressing insolvency and restructuring issues.”

DLA Piper attorneys Claire Hall (Los Angeles), Richard Hans (New York), Marc Horwitz (Chicago) and Isabelle Ord (Los Angeles) are leading the firm’s new LIBOR Transition practice, assisting companies with impact assessment and advising on benchmark reform implementation across multiple jurisdictions and products. This transition from interbank offered rates to alternative reference rates poses challenges to companies that are operational, legal, related to taxes, accounting and compliance.  DLA will assist companies with these challenges by monitoring developments across industry working groups and addressing benchmark transition across jurisdictions like ISDA, SFIG/SFA, LSTA, SIFMA and the ARRC.

Hans points out that DLA Piper, with its track record of advising some of the largest financial services companies and institutions on operations and strategic planning, is well suited to assist with the LIBOR transition.  He says, “Our LIBOR transition team will be able to assist clients in creating and implementing strategic and customized action plans that lay out the steps needed to implement benchmark transition.”

 

Karen Mangasarian Haley Guiliano
Karen Mangasarian

Karen Mangasarian has joined Haley Guiliano, a boutique IP law firm as a Partner.  She will join the firm in their New York office, but she was attracted to the firm’s presence in not only New York, but also Silicon Valley and London.  She says: “I was attracted by Haley Guiliano’s entrepreneurial spirits and business value-based approach to intellectual property, as well as its commitment to diversity and the mentoring of junior lawyers and technical advisors.”

Mangasarian has over twenty years of experience in life sciences practice, including patent filing and prosecution, freedom to operate and landscape analyses, and contested proceedings in the USPTO and other patent offices.  Mangasarian earned her JD from New York Law School while working as a post-doctoral fellow in microbiology at the New York University Medical Center.  She has also studied pharmacology, earning a Ph.D., and a BS Degree in Biochemistry from the University of Wisconsin.

Jim Haley, head of the Life Sciences practice at Haley Guiliano, says “Karen is a marvelous addition to our firm and to our Life Sciences practice.”

Full-service business law firm based in Portland, Oregon, Ater Wynne will merge practice into Buchalter, bolstering the latter’s presence in the Pacific Northwest.  Ater Wynne’s 22 attorneys will join Buchalter on in October, bringing Buchalter to roughly 300 attorneys in nine locations across the country, and adding Buchalter’s second office in the Pacific Northwest in under three years.

Todd A. Mitchell, Ater Wynne’s Managing Partner will become Managing Shareholder of the Portland office and a member of Buchalter’s Board of Directors. Mitchell calls the move “an opportunity to provide stronger counsel to our clients in Portland and the surrounding region,” and he says the two groups have a strong cultural fit.

Adam J. Bass, President and CEO of Buchalter, has overseen more than 130 attorneys added to the firm and has opened offices in California and in Washington State.  He calls the move a chance to “stay ahead of the curve.  This move is about looking to the future and the right cultural and business fit.”

Law Firm Awards, Recognitions and Achievements

Zuckerman Law principal Eric Bachman was named to the prestigious “Top Lawyers in America” list for 2020 by Best Lawyers in the field of Labor and Employment.  Lawyers are nominated for this achievement, and then evaluated by their peers based on professional expertise.  Bachman was included in the 2020 Edition of Washington D.C.’s Best Lawyers.

Bachman is the Chair of the discrimination and retaliation practices at Zuckerman Law, and prior to his work with Zuckerman he served in senior roles at the Department of Justice Civil Rights Division and in the U.S. Office of Special Counsel where he worked on class actions and whistleblower protection act settlements.

Preeminent workplace law firm Jackson Lewis once again was listed on the BTI Litigation Outlook 2020 report, earning “Powerhouse” rankings in Complex Employment Litigation and the Employment Litigation categories.  These rankings are based on in-depth interviews with legal decision-makers, involving data from more than 9,000 corporate counsel client interviews.

Jackson Lewis is on track to have a record number of trial victories in 2019, and this is in part due to the firm’s forward-thinking approach through innovative programs like its Advanced Trial Techniques Academy, which enhances the already strong litigation strength of the firm’s attorneys.

Firm Co-Chairs Kevin G. Lauri and William J. Anthony: “Jackson Lewis remains committed to staying abreast of national litigation trends faced by employers and delivering the best possible results, by both providing exceptional client service and retaining a deep bench of top-notch litigators.”

BTI reaches out to legal decision-makers at large organizations, with more than $1 billion in revenue, targeting decision-makers in the industries that have the largest legal spend, consulting Chief Legal Officers, Chief Legal Operating Officers and other executives with a say in the selection of outside counsel.  BTI’s 2019 report indicates an expectation of growth in litigation for the third year in a row.   More information about the BTI Litigation Outlook 2020 report can be found here.

The law firm of Sills Cummis & Gross received top ranking as one of the “highly recommended” New Jersey litigation firms in the 2020 edition of Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys. This is the third year in a row Sills Cummis & Gross received this honor. Focusing solely on litigation in the United States, this guide is published by Euromoney Institutional Investor PLC.  Firms recognized are chosen based on interviews with the country’s leading private practice lawyers and in-house counsel. Thirteen members of Sills Cummins & Gross were also included.

ATM Class ActionMoginRubin LLP is representing a class of non-bank ATM operators across the United States arguing that Visa, Mastercard and its affiliated banks conspired to fix ATM fees, requiring anticompetitive overcharges for network processing fees, resulting in higher ATM surcharges and foreign transaction fees when customers use ATM’s not associated with their bank.

The proposed class represents 60% of the U.S. ATM market and includes the following: ATMs of the South, Inc., Business Resource Group, Inc., Just ATMs USA, Inc., Wash Water Solutions, Inc., ATM Bankcard Services, Inc., Selman Telecommunications Investment Group, LLC, Scot Gardner d/b/a SJI, Turnkey ATM Solutions, LLC, Trinity Holdings Ltd, Inc., and T&T Communications, Inc. and Randal N. Bro d/b/a T&B Investments.  Roughly five years ago Visa and Mastercard attempted to have the case dismissed, even taking the matter to the U.S. Supreme Court, however, the Supreme Court found that the companies had changed their argument after the court granted certiorari and dismissed the writ as “improvidently granted.”

Jonathan Rubin of MoginRubin LLP calls the rules governing the fees “absurd” designed to punish consumers who choose less expensive networks or the defendant’s competitor’s networks.  He says, “The independent ATM operators and regional networks are providing a necessary service that banks are unwilling to provide or to invest in, but Visa and Mastercard are using their market power to impose anti-competitive fees and bleed the operators and consumers for their own profit,” he added. “Mastercard and Visa have no business telling independent ATM operators what to charge.”

Legal Industry News, Law School Updates

Leading legal publisher Fastcase announced today the acquisition of NextChapter, the cloud-based bankruptcy software for attorneys and paralegals.

Bankruptcy Bankruptcy Paralegal Janine Sickmeyer used her expertise in preparing bankruptcy cases to create NextChapter, teaching herself to code and building the application from the ground up, launching in 2016.  The service became known as “the turbo tax for bankruptcy filings” and its success was built on the efficiency created by understanding the best workflows and practices into an easy to use, full-circle solution used by several thousand law firms across every district in the U.S.  Upon Fastcase’s acquisition of NextChapter, Sickmeyer will become Managing Director and Founder of NextChapter and Director of Practice Workflow at Fastcase. She calls the acquisition “a dream come true” and she voices her admiration for Fastcase leadership.  She says, “it’s invigorating to collaborate and continue to build NextChapter’s company and products alongside them. Fastcase and NextChapter share the same core beliefs on customer-focused products. I know this opportunity will allow us to continue serving our mission.”

The UCI Law Graduate Tax Program and Alteryx Inc. Announce Tax and Data Analytics Partnership, designed to train future tax attorneys on ways big data analytics can work in tax law.

Students in the UCI Law Graduate Tax Program will learn on the program already used by in-house tax departments–Alteryx Designer, and will learn how to use the data analytics platform to generate data-based legal tax advice, earning a certification for successful completion.  This practicum is the first time Alteryx will work with a law school, and the group will provide software licenses to students who participate in the program. Omni Marian, Professor of Law and the Academic Director of the UCI Graduate Tax Program, says the program is a way to prepare students for the way practicing tax law will be in the future.  He says, “Alteryx for Good’s generosity allows us to help our students to become future leaders of the legal tax profession.”

Bachelor’s Degree Center which provides a free guide to bachelor degree programs across all disciplines, recently released four guides to the best Paralegal bachelor degree programs in the United States,  including the 25 Best for 2020, the 15 Best Online Paralegal Programs,  the 10 Fastest Online Paralegal Programs, and the 10 Most Affordable Paralegal Bachelor’s Programs.

The top 3 Best Paralegal Bachelor’s Programs for 2020 are:

  1. Auburn University
  2. Quinnipiac University
  3. Montclair State University

The Top 3 Online Paralegal Bachelor’s Programs for 2020 are:

  1. Tulane University
  2. University of Central Florida
  3. University of Massachusetts Lowell

The Top 3 Most Affordable Paralegal Bachelor’s Programs for 2020 are:

  1. Bellevue University
  2. Charter Oak State College
  3. Peirce College

The guide points out that while law schools have been graduating new attorneys facing an uphill battle in the legal marketplace, paralegals are still very much in demand.  A standard entry into the profession is a two-year associate degree, however, many paralegals combine work with further study, and a bachelor’s degree in legal studies can be the key to moving ahead in the profession.  Whether an online program or a traditional program, this guide provides important information so students—non-traditional or otherwise, can make the best choice for their situation.

That’s it for now.  We’ll be back in a few weeks with more updates on the legal industry.

Copyright ©2019 National Law Forum, LLC

For more legal marketing developments, see the National Law Review Law Office Management page.

From the Outside Looking In: Getting Hired by In-House Counsel with Jaimala Pai, Principal Legal Counsel at Medtronic Law Firm Marketing Catalyst Podcast [PODCAST]

It’s perhaps the legal industry’s most-asked question: how can attorneys get noticed by in-house counsel? Jaimala Pai, Principal Legal Counsel at Medtronic, joined the Law Firm Marketing Catalyst podcast to offer her tips, including how to stand out by finding a niche, and why diversity and inclusion are so important.

Read the transcript below.

Sharon:   Welcome to the Law Firm Marketing Catalyst podcast. Today my guest is Jaimala Pai, Principal Legal Counsel at Medtronic, where she provides legal support across all business groups. Jaimala has a strong marketing perspective and has some important tips for outside counsel in terms of making inroads with fellow attorneys in-house. Jaimala, very glad to have you.

Jaimala:  Thanks so much, Sharon. Really glad to be talking to you today.

Sharon:   Jaimala, tell us about how you got where you are. I know that you were in private practice with an outside firm. How did you segue from that into being in-house? Was it something you wanted? Was it a random call from a headhunter? How did that come about?

Jaimala:  I think I knew pretty early on that I wanted to go in-house. During law school, I was the only summer law clerk at 3M’s Office of General Counsel, and I really enjoyed my experience. Specifically, I enjoyed learning about the business, working closely with business personnel and figuring out how to provide practical advice in a business setting. So, I knew I wanted to be an in-house attorney and began networking. I met with both in-house and law firm attorneys and asked them about their careers, and I told them about my aspirations. Sure enough, when an in-house attorney reached out to one of the law firm partners I had met to look for a junior-level attorney, they provided my name. I immediately jumped on the opportunity and began my in-house career at Northwest Airlines, which is now Delta, and I’ve now been in-house for 12 years at various companies, including a Fortune 10 company.

Sharon:   So, you’ve been in a variety of industries.

Jaimala:  Yes, I have, from airline to health insurance to now med device.

Sharon:   That sounds very interesting. If I had a nickel for every time I was asked by a lawyer in private practice about how they can attract the attention of in-house counsel, I could have retired a long time ago. We’d all like to hear your advice. I’m also curious because it seems like you’ve given it a lot of thought, more than other in-house counsel that I’ve met or heard speak. You wrote an article on the subject, published in the Legal Executive Institute publication. What got you thinking about business development from the perspective of outside counsel?

Jaimala:  I think what got me thinking about it is a couple of things. One was a client looking for outside counsel. I practice in a very specific practice area. I am in health law, and beyond that, it’s fraud and abuse in health law, so I’ve had a very hard time finding people who could help me on various projects, and also just from the networking perspective. I’m friends with multiple people who are junior-level partners and even senior-level partners who come across the same thing, which is how do we break into a large company like Medtronic? How do we get noticed when these larger companies have preferred provider networks or a series of closed networks of law firms? How do I get in front of somebody to talk to a decision-maker? So, it’s really made me think about that. And you’re right, I put some of the thoughts in the article, which I will expand on in this podcast.

Sharon:   So, what is your advice? Where do we start?

Jaimala:  I think my first point is don’t be a generalist. In-house counsel are required to be generalists, like a Swiss Army Knife. We need to know a little about a lot to cover most everyday questions across innumerable subject matter areas. When we look to outside counsel, we’re looking for a specific tool that this Swiss Army Knife won’t do. The issue requires deeper experience and more specialized expertise. So, really be specific about your area of expertise and call it out on your firm online biography, because I often look up firm biographies to understand experience. I may also get a referral. I may know our network of law firms, but I need to look for one specific person, so I’ll just click on the firm website to see who has the expertise I’m looking for.

Sharon:   Will you do a Google search with healthcare technology or healthcare devices, or do you just start because you have names?

Jaimala:  Sometimes I have names. Sometimes I do Google searches, and sometimes I look at specific law firms. I may have a law firm—we have 10 law firms, for example, in Medtronic’s preferred provider network—but I don’t have a list, aside from what their website says, of who the regulatory healthcare counseling attorneys are. From there, that may give me a feed of 10 different attorneys, or sometimes it’s 20 because everybody’s thrown in everything, and then I actually click on their website and their bios to see whether they have the experience I’m looking for, and whether it’s specific enough to be able to help on the issue I have.

Sharon:   So, attorneys should be very specific. Can you give some examples?

Jaimala:  One of the main things that I see are industry phrases being used, like, “I work with life sciences companies,” and that’s helpful but it’s not helpful. I would like someone who specifically can say, “I work with med device companies versus pharmaceutical companies,” because our issues are different. One of the reasons why we use outside counsel is because we want someone who has more industry expertise and can give us information on what other companies are doing, obviously without violating privilege. They can say, “In my experience, this is how I’ve worked this issue in other companies across the same med device industry that are trying to do this, or conversely, you guys are outliers. I’ve never heard this before.” Sometimes that’s a good thing and sometimes that’s a bad thing, but if you don’t have that industry expertise and I’m still getting my narrow view of a Medtronic-only perspective on an issue, that’s not as helpful.

Sharon:   I know lawyers are so resistant to focusing. I can’t tell you how many times we’ve suggested that perhaps a laundry list is not the best way to go. These are lawyers who often have distinct expertise, but they don’t want to focus in on it. Why do you think that is?

Jaimala:  I think you hit the nail on the head in the past, when we had a conversation, and it’s the fear of missing out. They think if they don’t have the laundry list on their bio, a client may come in and not see an area they can help on and not be interested in them. I actually think it’s more the other way around. In this day and age, companies are looking for law firms that have a varied practice area, but they’re looking at lawyers for a specific expertise. Your firm may have everything but the kitchen sink under it, but your specific expertise needs to show, so that I know you’re the person I should call when I have a fraud and abuse issue for med devices. You will be the person that can talk me through and be the expert, versus us muddling through something together because you think you can do it, but you haven’t really ever done it in the past.

Sharon:   Yes, I think it is the fear of missing out, and I wish every lawyer we’ve talked with could hear what you’re saying. So often we hear, “Nobody’s going to look for me online,” or “Nobody’s going to find me online.” What are your thoughts about that?

Jaimala:  I do think networking is key, too. It’s not just online. I understand why people will think that, but the other information I would give is oftentimes, we don’t have these great, big areas of information in-house. For example, I know my network of law firms that I’m supposed to use my budget towards, but I don’t have a list of regulatory attorneys from each of those law firms. I still have to go online and look for these things. Even if you’re in my network, it doesn’t necessarily mean I know the lawyers that are in that firm. So, I do think we look online more than law firms expect, and we don’t always just hire our friends. That’s another misconception that people have, that you only hire someone you know. I’d love to hire people I know, but sometimes you can’t. Like I said, you have a network you have to work in, or conversely, your friend doesn’t practice in the area you need. There are a lot of times that we just look straight to websites to find people.

Sharon:   What a missed opportunity, in terms of not introducing themselves to you and making it clear who they are.

Jaimala:  I think my second tip, Sharon, would be to really invest in relationships; network with everyone including mid-level and junior-level lawyers. Take an interest in what they do for your client and how you might be able to help them. Oftentimes, at these networking events, people go straight to the GC of a business, and I think they don’t realize that junior-level attorneys and even mid-level attorneys have considerable authority and influence on who companies hire and evaluating the quality of services that firms provide. Honestly, you never know who will be a general counsel tomorrow. I think you have to realize that there may not be an immediate return, but if you invested in the relationship and built a good reputation, in-house attorneys will find a way to work with you when they’re in a position to be able to make outside counsel hiring decisions.

Sharon:   That’s such a good point, in terms of not just going to the top, especially because time goes by so quickly. It seems like no time at all when you have a new attorney entering a firm and all of a sudden, they’re partner. You have to plant the seeds early on.

You’ve talked about diversity and diverse teams producing more profitable results. Can you tell us about what you look for when you’re hiring and your experience with that?

Jaimala:  For me, it’s at these networking events. Who treated me well? Who didn’t just gravitate towards people who look like them? I’m a female minority in the legal profession, and in some ways, I’m a little bit of a unicorn at this stage of my career because so many of us have left the profession or never even joined it. So, I appreciate when people come over and talk to me and don’t just gravitate towards those who look like them. There are numerous studies that show that diverse teams produce better economic results. Most companies have taken these studies seriously and made diversity and inclusion a focus and goal. Many law firms require diverse teams to work on their issues, and they want to have both diversity in their in-house teams and their outside counsel.

It feels to me that if law firms remain homogenous, it’s almost an impossible task for an in-house department to be diverse, because in-house pulls talent from law firms. To me, if you commit to diversity in the profession and invest in it, you’re going to feel more comfortable talking to someone like me. You’re going to come up to me in a networking event, and I’m going to think of you when I need to hire somebody and think about how well you treated me. You didn’t seem intimidated by me. You were good, so we’re going to have a great working relationship, because if in a networking setting you could talk to me, then you could definitely talk to me in a working relationship.

Sharon:   Have you seen changes? Are there more firms to choose from? What are the trends that you’ve seen?

Jaimala:  I do think more companies are making this a priority for them, and as a result, more law firms are focusing on it, too. If you demand this, if your clients are demanding something from you, you’re going to put focus on it and effort into it. I think recruitment has gone up for sure. I think there are more pipeline organizations. One particular organization that I’m very close to is LCLD, the Leadership Council on Legal Diversity, which is a national organization that doesn’t just focus on one affinity group. It’s an organization of more than 285 corporate chief legal officers and law firm managing partners and it’s dedicated to creating a diverse legal profession. Through the fact that so many companies and managing partners have joined this group, you can see that there is a commitment and a focus on it in the profession, so I have seen some positives. Just being in a room full of other folks that look like me has been great, because most of the time, I’m the only one in the room.

Sharon:   Have you ever been in a meeting where a law firm has put a token minority in, even though they may not be relevant to what they’re pitching?

Jaimala:  I think just about every minority has been that token at some point, including myself. I think it’s up to the clients to ask, “O.K., so Jaimala’s in the room. What is Jaimala going to work on on this project? Is she only going to be doing doc review, or is she going to be writing these briefs? Is she going to be the core team that takes this to litigation? Is she going to be part of this, or is she going to be relegated to the sidelines?” It’s that follow-through that the client needs to do to ensure that you’re not just bringing someone to the pitch who’s not going to get meaningful work. I think the numbers you put out, saying, “We want 20 percent diversity on a team,” doesn’t mean anything if that 20 percent is just doc review.

Sharon:   I’m looking at some of your suggestions you have for law firms, like committing to a diversity program and investing in it or joining a mentor program with a local school or college. I think that’s so important, because we’ve worked with quite a few law firms, smaller law firms who would love to diversify, but it’s a very tight pool to draw from. For whatever reason, they haven’t been able to retain people, so right now, there are a bunch of white males. So, these are great suggestions in terms of how they can at least start to support diversity.

Jaimala:  Yes, LCLD is a large organization and it takes money to join, and that is something a lot of smaller law firms and even smaller companies can’t necessarily commit to, but there are other ways, like you mentioned. It’s so easy. You can just reach out to a local law school and offer to be a mentor to a diverse law student. That gives you a different perspective. That gives you incoming talent into the profession as well, and that opens that individual up, who may not have had a lawyer in their family or ever even known a lawyer before they went to law school. You’re a network, and I think just doing simple things like that makes a difference.

There are also numerous organizations such as Just the Beginning, which is a pipeline organization that focuses on showing high school and middle school students of color and those of low income backgrounds that there is a path to law school and the legal profession. There are also national affinity bar associations that are great resources and offer wonderful networking opportunities. I think it’s good to remember that just because I’m not in this diverse community, that doesn’t mean I don’t have to join these things, and it doesn’t mean this isn’t my problem. This is a problem across our profession that everybody needs to own. It’s not for women and minorities to solve on their own.

Sharon:   That’s a great point. We’ll put links to the Leadership Council on Legal Diversity and we can also put a link to Just the Beginning, which I haven’t heard of before, but it sounds very interesting. How else can outside lawyers get in front of in-house counsel?

Jaimala:  I think presentations are huge. This could be CLEs or presentations at different trade associations. When I say presentations, I mean outside counsel is typically tapped to do these presentations, and if they take a step back and think, “This might be more meaningful if I bring someone who’s in-house to give industry examples and real-world examples of what’s going on. These anecdotes of what really goes on in a company will make me better off connecting with the audience.” It’s a win-win, because in-house just doesn’t get those types of opportunities as much, and we would love to be a part of that and be able to add that to our résumés. I do think it would make the presentation better, because those in-house folks in the audience will say, “Hey, this person has a great relationship with the client, but not only that, I can understand what the client’s saying because I go through that all the time. Here’s someone who knows how to work with in-house people.” I think that’s a great way to get in front of in-house and connect, and it’s a way that your in-house clients will know that you’re thinking of them and opportunities to help their careers. If they, let’s say, move companies, they’ll still remember that, and in an opportunity where they can hire you, they’ll try to do that. I think co-writing an article is another example. Oftentimes, Sharon, as we’ve talked about, people at law firms think, “Oh, in-house folks are too busy. They don’t want to do things like that. They don’t have time for it.” We may not have as much time in some ways, but we do want to do those things. We do want to continue to grow professionally and get our résumés in order and have publications on them. That’s another good opportunity. The best one that I’ve seen a couple of companies offer is to do CLE presentations for free at various companies, just saying, “Hey, I saw that you’re a big government contractor. I’d like to come in and give a great presentation on the ABCs of government contracting. I’ll do it for free. I’ll fly out to you. What do you think?” Almost any company would take you up on that.

Sharon:   Those are great suggestions, and once again, I’m looking at missed opportunities when you say that in-house counsel don’t have as many chances to be on a panel or co-write an article. I rarely hear that discussed when we’re talking with lawyers in private practice. That is such a fabulous opportunity, in terms of helping in-house counsel build their credibility. I think that’s something to be considered.

Jaimala:  I think it’s great, because sometimes when you get various law firm attorneys on a panel, it’s sort of an ego thing, “Hire me versus them. I’m better.” That ends up being what the presentation sounds like, which is obviously not what it’s intended to do. If you have that in-house person on the panel, I think it changes the dynamic. They will give a real-world example of what’s happened and you’ll have the outside counsel giving their expertise, and it really does make for a better presentation.

Sharon:   I’m also thinking, it’s great to ask an in-house lawyer to be on a panel, but why not just create your own opportunities? You could put a presentation together with a bank or an insurance company and ask in-house counsel to participate. It could just be doing a webinar and asking in-house counsel to join, just to get that perspective and also to let them know that you’re thinking about them.

Jaimala:  Yes, I think so. That would be great. Like I said, a lot of these opportunities don’t come to us as much, partly because we’re not as connected in the industry as law firm attorneys are, and we don’t know folks who are putting these on. We’re not on those associations necessarily at the highest levels. Those tend to be attorneys at law firms, so the opportunities don’t come to us as much.

Sharon:   That’s a great point to keep in mind. Jaimala, I want to thank you so much for being here. This is great information and it’s not just a marketing person saying it. It’s from you talking from your experience, so I really appreciate it.

Jaimala:  Thank you so much, Sharon, I really appreciate you having me on here.

Sharon:   I want to let people know that if they want to contact you, they can do that through LinkedIn. That will be in the show notes. I want to thank everyone for listening to the Law Firm Marketing Catalyst podcast. Please join us for our next conversation on topics that will propel your firm forward. Thank you so much.

END OF AUDIO

Click here to listen to Jaimala’s Law Firm Marketing Catalyst podcast episode: From the Outside Looking In: Getting Hired by In-House Counsel. Make sure to download/subscribe.

© 2019 Berbay Marketing & Public Relations
For more on attorney hiring, see the National Law Review Law Office Management page.

Three Ways Legal PR Specialists can Support Your Firm’s Diverse Attorneys

Law firms serving corporate clients face increasing pressure not only to make their workplaces more diverse and inclusive overall, but also to ensure that more women and people of color occupy top positions of power. Last January’s open letter from 170 general counsel serves as the most pointed example of this client demand. In it, they called on law partners to “develop, promote and retain talented and diverse attorneys”—or risk losing business to firms that take diversity and inclusion seriously.

Law firm leaders who have long paid lip service to these goals without actually changing their recruiting, professional development or performance evaluation practices face a true crisis, and mapping out a path forward that satisfies client demand, not to mention the moral imperative to create firms that better represent our society, will require a multifaceted approach. It might surprise you to learn that a sophisticated communications and media strategy is a crucial piece of that plan.

While public relations may not seem to have an obvious connection with diversity efforts, PR partners who specialize in the legal sector can provide law firm leaders with strategic, targeted support to meet their goals for equity. Effective law firm PR partners can help you:

Audit current initiatives. Most firms are doing something on diversity and inclusion, with varying results. If these initiatives are not yielding the desired outcome, it’s time to think about why. Sometimes the real problem is not a lack of effort but the flawed thinking behind a program.

For example, many initiatives intended to address gender equality target differences in women’s approach to risk-taking, negotiation, and work-life balance. While that may sound like progress, focusing on individual women’s choices furthers beliefs and stereotypes that have been debunked by decades of reliable data about fundamental gender differences. Men and women are not nearly so different as we persist in believing. They behave differently in various settings not because of inherent traits but because of organizational practices that reward and punish men and women differently. Equity initiatives that target systemic issues like parental leave and the pay gap are more likely to improve the promotion and retention of women.

As your approach to improving diversity evolves, your internal and external communications need to evolve too. PR support can help you demonstrate a more sophisticated understanding of the problems and the solutions—and show clients that you are serious about making measurable progress.

Reimagine networking. Today’s attorneys know they must provide excellent client service and master the art of business development. That typically involves some form of networking: getting out of the office to form relationships with clients and prospects, and planting the seeds for referrals and new business down the road. But old-fashioned networking—on the golf course, in the bar, at the country club—is not always a strategy that works for women, people of color, LGBTQ lawyers, and others who have come to the field from outside the old boys’ network. If you are serious about supporting your diverse attorneys, you can get proactive about professional development that helps them build their business in ways that work for them. And your PR team can help these attorneys become more active in relevant professional organizations, nominate them for awards, boost their online and social media presence, and facilitate alternative networking opportunities.

Activate a hands-on media strategy. A customized, targeted plan to promote your diverse attorneys’ immense skills and experience, as well as their innovative approaches to old problems, is key to raising their profiles and, by extension, your firm’s profile as well. PR support can help attorneys build relationships with the reporters who cover issues in their practice area so that they can become expert sources. Attorneys can partner with writers to create thought leadership articles for the publications most widely read by their clients and prospects. Nothing helps you take control of the narrative about your firm like media opportunities that highlight the skills and experience of your current and future diverse superstars.

With clients pressuring law firms to change their ways, creating a diverse and inclusive workplace has gone from a lofty goal to a strategic imperative. This necessary transformation presents leaders with significant challenges, but the good news is you don’t have to go it alone. Experts in communications and media strategy can help you take practical steps to develop and support the diverse attorneys who serve your most valued clients.  And, of course, as you would expect, PR professionals can also help you share the good news about the progress you’re making in advancing diversity and inclusion in your firm.

© 2019 Page2 Communications. All rights reserved.

This article is by Debra Pickett of Page 2 Communications.

Legal Industry News for August 12, 2019: Law Firm Updates, Hires, Awards and Legal Technology

Even though summer is still in full swing and folks are cycling through vacations, law firms and the legal industry continues to hum with activity.

Read on to see more on legal industry hires, recognitions, and new technology and research impacting the legal industry.

Law Firm Hiring, Strategic Partnerships and Expansions

Vincenzo Franco

Van Ness Feldman announces the return of Vincenzo Franco as a partner in the Electric and Renewable Energy Practices. Franco was at Van Ness Feldman from 2010-2014, and left the firm to work with Exelon Corporation, as Assistant General Counsel – Wholesale Trading Compliance and then Associate General Counsel at Exelon Corporation, where he led the compliance function for Constellation. With his return to VNF, Franco focuses on transactional, regulatory and enforcement matters representing utilities, generation owners, developers and other investors before FERC (Federal Energy Regulatory Commission). VNF Chair, Richard Agnew, indicated his excitement at Franco’s return. Agnew says, “His [Franco’s] in- house experience coupled with his knowledge of our clients makes Vincenzo an exceptionally strong addition to the firms highly regarded electric practice.”

Leading international technology and energy law firm Baker Botts LLP announced that it has formed strategic partnerships with the Cannon Houston, Station Houston and Capital Factory. These Houston organizations are designed to aid entrepreneurs and will specifically be working with Baker Botts’ Emerging Company and Venture Capital practice based in Palo Alto. The firm’s experience in advising entrepreneurs, emerging growth companies, investors and venture capitalists provides a valuable resource for the incubators and the entrepreneurs they nurture and host. Samantha Crispin, the Technology Sector Chair at Baker Botts points out this partnership will allow Baker Botts to work with a generation of Texas-based companies from their very inception. She says, “One of the most intriguing aspects of these partnerships is the expected cross-pollination of our Texas and California ECVC practices and that the most promising companies will gain exposure to potential investors, including those in Silicon Valley.”

Baker Botts Managing Partner John Martin embraces the opportunities for growth this partnership will provide. He says, “We have a history of working with emerging and technology companies throughout their full life cycle, and we expect these partnerships will expand those opportunities more broadly. Some of our firm’s largest clients are businesses with which we have worked since they were startups themselves.”

Dinsmore has expanded operations onto the East Coast, opening an office in the Boston Financial District. Three partners—Javier F. Flores, Eric V. Skelly and Brian Blaesser will lead the new office and the firm’s expansion into this region. The firm will primarily represent clients in litigation and real estate development in New England. With the opening of the office in Boston, Dinsmore now has a presence in 25 cities across the country.

Sherman & Howard announced they added two attorneys, Member James Beard and Associate Robert Thompson, to their Denver office in their Litigation, Trials and Appeals group.

Beard has been litigating complex civil and intellectual property matters for over ten years, with a particular emphasis on handling complex discovery matters. He has argued cases in federal courts across the country, and has handled matters before the International Trade Commission (ITC) and the U.S. Court of International Trade. Beard says, “With its history and reputation in Colorado, the Firm is uniquely positioned to serve the explosive growth of Denver’s high-tech market.”

Along with Beard, Sherman & Howard is also adding Robert Thompson as an Associate to the Litigation, Trials and Appeals practice group. Thompson’s practice will focus on securities litigation and enforcement matters. His previous experience in house at a leading financial institution has prepared him well for representing clients in SEC (Securities and Exchange Commission), DOJ (Department of Justice) and FINRA (Financial Industry Regulatory Authority ) investigations.  Katie Varholak, Litigation Practice Group Leader at Sherman & Howard, “Thompson’s background in finance, securities and complex corporate investigations positions him to serve a wide range of the firm’s clients.”

Kenneth A. Sherman and Virginia K. Trunkes

Robinson & Cole, a 200 attorney firm with offices throughout the northeast announced Kenneth A. Sherman and Virginia K. Trunkes joined the firm as counsel in the Construction practice.

Sherman is joining the Boston office, while Trunkes will be in the New York office. Sherman has experience assisting project owners, developers and general contractors, and others, in navigating construction disputes, and with drafting contracts, negotiation and entity formation.

Trunkes works with developers, apartment building, brownstone and condominium unit owners, and others, in negotiating contracts and adjacent-owner license access agreements. R+C Construction chair, Gregory R. Faulkner, says the attorneys are welcome additions and will help the firm strengthen its presence in the construction market, and “Their hands-on experience is an added value to our practice and further enhances our collective ability to provide the best service to our clients.”

Law Firm Accomplishments, Awards and Recognitions

McKool Smith, noted litigation firm, secured an insurance recovery victory on behalf of Pfizer in Delaware Superior Court. This victory allows Pfizer to continue to compel two excess insurers to cover the costs related to defend and settle multidistrict litigation surrounding pain treatments Celebrex and Bextra. McKool Smith principals Robin Cohen, Adam S. Ziffer and Marc Ladd represented Pfizer in this litigation. A Delaware state court judge awarded partial summary judgment, saying Arch Insurance Company and U.S. Specialty Insurance Company were unable to apply a “specific litigation exclusion” in their D&O policies, and that these insurers must help cover the cost of the $486 million settlement.

Diversity AbstractSeyfarth Shaw was recently recognized for its commitment to diversity and inclusion by the California Minority Counsel Program (CMCP) receiving the Drucilla Stender Ramey Majority-Owned Law Firm Award. The CMCP is a state-wide non-profit dedicated to opening up the legal profession to attorneys from all backgrounds, by providing attorneys of color with opportunities for business development. Seyfarth Shaw has offices in Sacramento, San Francisco, Los Angeles and Century City. The firm has a recognized commitment to diversity, and was also recently named a “Best Law Firm for Women” for the ninth year in a row, and was shortlisted for the 2019 Chambers USA Diversity & Inclusion Awards. The firm is especially proud of its “Rooney Rule” initiative, where for every open associate position, at least one diverse candidate is considered and interviewed.

Full-service law firm Pillsbury’s Corporate practice, in a review of M&A and private equity, was ranked among the Top 20 legal advisers in the US and Japan. Factset highlighted Pillsbury as a top 20 firm in Japan for M&A deals, and in the United States, the firm was in the top 20 for middle-market M&A transactions. Along those lines, Refinitiv listed Pillsbury in the top 20 for deal count for firms handling U.S. middle-market mergers and acquisitions, so far in 2019, and Bloomberg named Pillsbury in the top 20 for active law firm advising on deals valued up to 250 million. Pillsbury has over 100 experienced M&A attorneys across the firm’s twenty global offices.  Highlighted transactions for 2019 include Invitae Corp.’s acquisition of biotechnology company Jungla, Salarius Pharmaceuticals on its merger with Flex Pharma, and Intel’s acquisition of Barefoot Networks, just to name a few.

DirectWomen AwardsDirectWomen, dedicated to increasing the presence of women attorneys on corporate boards, will honor 2019 award recipients in October in New York City at the Sandra Day O’Connor Board Excellence Award Luncheon. These awards are given to recognize the efforts made by the recipients to increase corporate board diversity. The Sandra Day O’Connor Board Excellence Award honors women who have served on the board of a public company and have advanced the mission of diversity in the workplace. This year, Angela Braly, Co-founder of the Policy Circle and former Chair and CEO of WellPoint, now known as Anthem, among others, and Rose McKinney-James, Managing Principal of Energy Works LLC. PNC will be presented with the 2019 Board Diversity Award, which recognizes corporations that served as leaders in achieving board diversity by showing a commitment to diversity in the boardroom. Linda L. Addison, Immediate Past Managing Partner of Norton Rose Fulbright and Director, Torchmark Corporation will be recognized with the Distinguished Alumna Award, highlighting the accomplishments of an Alumnae who joined a large corporate board since completing the Institute. Finally, the Mary Ann Jorgenson Board Empowerment Award will be presented to DirectWomen Advisory Board Member Alan L. Beller, Senior Counsel, Cleary Gottlieb Steen & Hamilton LLP; Director, The Travelers Companies, Inc for his work preparing women attorneys to assume the responsibilities of board service.

Commercial Mortgage Alert once again ranked law firm Cadwalader, Wickersham & Taft LLP at the top of their commercial mortgage-backed securities (CMBS) tables, ranking Cadwalader as Number 1 for both Issuer Counsel and Underwriter Counsel, making it the 19th year in a row Cadwalader held that spot for Issuer Counsel. Further, the firm represented 58% of the issuer offerings floated in the United States in the first half of 2019, and 44% of the CMBS transactions on the underwriter side. Mike Gambro, co-chair of Cadwalader’s Capital Markets Group, says of the rankings, “We work with great clients who expect us to provide top-notch advice and service, and we are fortunate to have the results reflected in our position in the law firm rankings for so many years.” Cadwalader’s Capital Markets Group has attorneys based in New York, Charlotte, Washington, D.C., and London.

Legal Industry Technology, Research and Software Advancements

Qorus, a sales platform connecting contacts, content, and data, recently announced a Share & Track feature to their software. This addition enables user to send documents securely without attachments, and track how their contacts engage with those documents, such as proposals, pitches, and contracts. This enables sales teams to see and analyze which part of their proposal process is most important to their prospects, and they gain insight into their materials to ensure they create content that is engaging and effective.

Computer SoftwareThe documents are sent via tracked sharing links that can be inserted into messages to clients. These links, when clicked, track the engagement with the content and launch an online document viewer and the file can be viewed securely, providing the information securely to the prospect. The sales team can see how long the prospect looked at the document, which pages were looked at the most, and whether or not the document was passed on, providing valuable feedback on what really matters to prospects. Ray Meiring, Qorus CEO, explains “This creates a powerful feedback loop that tells the team how interested a potential buyer is, and gives them insight into the prospect’s true propensity to buy – allowing them to adjust their approach accordingly.”

With the constant concerns regarding cybersecurity and with increasing regulation on a variety of levels, the introduction of Digital Defense’s Frontline InsightTM with on-demand peer analysis of security risk metrics gives companies another arrow in their quiver to secure their data. Frontline Insight is accessible via Frontline.Cloud Digital Defense’s Saas security assessment platform. This allows Digital Defense users to access information to reduce their own security risk, and provide information on how to evolve and maintain their information security programs so that they perform at top levels. By offering comparison from an industry perspective, but also integrating suggestions based on organizational and employee size, the tool can highlight vulnerable areas and threats, and assist in the development of benchmarks. Larry Hurtado, President & CEO of Digital Defense says this is a useful product for companies looking to evaluate their data security practices in comparison to organizations similar in size and scope.  He says, “Frontline.Cloud enables clients to gauge their success in ways that previously required more intensive consultative studies. Now, this information is available with just a few clicks.”

Of particular interest to law firms as they look at managing law firm succession strategies as baby boomers exit the workforce and millennials assume greater responsibility is the results of a Manpower Group Survey, indicating only six percent of millennials want to be leaders, and just four percent want to manage others. The survey indicates that millennials, on a whole, are more interested in developing their own skill sets, and less interested in learning to manage and lead others. This suggests that law firms will be among the 84% of organizations facing a leadership shortfall, and developing a leadership pipeline for law firms, as well as client relationship management, will become increasingly important as firm leadership transitions become more complex and frequent.

Intapp has recently released a white paper The Modern CMO: Advancing Marketing From Reactive to Predictive. This paper discusses how adopting a modern approach to law firm business development, and harnessing data across the entire client lifecycle can lead to insights that drive smarter and more strategic decisions in law firms. Topics discussed include the role of the CMO as a change agent, smart collaboration in action and how to transition from a reactive to a predictive approach.

Copyright ©2019 National Law Forum, LLC

This article was written by Eilene Spear of The National Law Review / The National Law Forum LLC.
For more law office updates, see the Law Office Management page on the National Law Review.

The National Law Review’s Legal Industry Overview: July 22, 2019

The National Law Review staff uses this space to explore and recognize law firm changes, including new law firm hires. Additionally, we like to highlight law firm awards and individual attorney achievements, as well as explore technology and software developments that make legal research and law firm management easier and more efficient.

Law Firm Additions, Promotions and Hires

Bracewell LLP announced they added two public finance partners, Bill Mahomes and E. Steve Bolden II. The men have been practicing together for the past ten years, and they both have extensive experience in public finance projects.  Bracewell Managing Partner, Gregory M. Bopp says, “Bill and Steve are exceptional public finance lawyers. They have a strong public finance practice in Dallas and across Texas that will deepen the capabilities of our nationally-recognized team.”

Mahomes has experience in public infrastructure projects and P3s, and has served on the board of directors of the Dallas/Fort Worth International Airport and the Texas Turnpike Authority, giving his advice the heft of on the ground experience.  Bolden, along with his public finance work, also practices in corporate and securities law; specifically, experience in mergers and acquisitions in public and private companies.  In terms of his public finance practice, he focuses on bond counsel, disclosure counsel and underwriters’ counsel matters.

Alan Brunswick MSK Attorney
Alan M. Brunswick

Mitchell Silberberg & Knupp announced that Alan M. Brunswick will join the firm as a partner in the Los Angeles office.  Brunswick has established a practice representing clients in labor relations matters, specifically in the media and entertainment industry. His experience spans wrongful termination, employment discrimination, wage and hour as well as ERISA disputes in union and non-union settings. Before moving to law firms, Brunswick was the former Vice President and in-house counsel for the Association of Motion Picture & Television Producers.  Kevin Gaut, chairman of MSK, praises Brunswick’s reputation for creativity and intelligence, and he says, “Adding Alan to our team of sophisticated entertainment industry labor attorneys only strengthens MSK’s standing as a go-to firm for companies facing tough negotiations.”

Perkins Coie announced their Labor & Employment practice added three new partners—Richard B. Hankins and Brennan W. Bolt to their Dallas office, and Seth H. Borden to the Washington DC office.  All three bring experience in labor relations advising, and have experience working with corporations and in working with the NLRB.

Hankins has over twenty years of experience working with companies on a wide range of labor relations issues; with specific emphasis on working with companies on labor relations strategies during acquisitions and divestitures, as well as plant reorganizations.  Additionally, Hankins has experience before the NLRB and the US Circuit Courts of Appeals, arguing cases in over 15 regions of the NLRB.  Borden has built his career on helping organizations navigate labor relations strategies, including helping to negotiate collective bargaining agreements and labor arbitrations.  He has specific expertise in social media and other communications technologies and how they integrate into labor law.  Brennan works with employers, providing counsel on unfair labor practice proceedings, collective bargaining, strikes and boycotts.  He has litigated on the employer side on Title VII, the ADA, FMLA, FLSA, trade secrets and non-compete claims. Ann Marie Painter, Chair of the Perkins Coie Labor & Employment practice calls the addition of the attorneys a “valuable resource.”  She says, “When it comes to the labor and employment space, this group has a stellar and nationally recognized reputation as the go-to team for some of the world’s largest companies. They have successfully handled large-scale ‘bet-the-company’ labor cases, but can also nimbly aid employers of all sizes with their day-to-day labor issues.”

Additionally, Perkins Coie announced that Joydeep Dasmunshi has joined the Mergers & Acquisitions (M&A) practice as a partner in the Chicago office.  Dasmunshi has focused on middle-market M&A transactions, and his record includes a $4.25 billion airline acquisition, a $1.75 billion sale of a global valuation, corporate finance and governance-related advisor company to a private equity firm two years ago, and work with various middle-market portfolio companies in technology, media, financial services and healthcare.

Pallavi Banerjee
Pallavi Banerjee, PhD

Pallavi Banerjee, Ph.D. joins Womble Bond Dickinson as a Science Advisor in the firm’s Boston office. A former fellow with Boston Children’s Hospital and Harvard Medical School, Banerjee’s background in cell biology, cancer biology and immunology assists life sciences clients develop their patent portfolios.  She has experience working with biotech companies and universities on IP due diligence and drafting and prosecution of patent applications with the USPTO. Her research on cellular and molecular mechanisms of diseases and how to identify therapeutic targets using in vitro and in vivo mechanisms have been published in the Journal of Biological Chemistry, Cancer Research, Cancer Letters, and International Immunology.

Venable recently announced that Paul C. Levin has joined the firm as a partner in the Real Estate Practice.  Levin has experience at all levels of the real estate transaction process, and he has worked on some of the most recognizable projects in the Bay Area.  Levin is a LEED Green Associate and is a member of the U.S. Green Building Council, Northern California chapter.  Additionally, he has experience with P3 projects.  He will be working in Venable’s Baltimore and San Francisco offices.  Levin is excited about his bicoastal work with Venable, saying, “The firm’s deep practice and stellar reputation will allow me to continue to grow as a deal lawyer. I am thankful to have the opportunity to continue to build my Bay Area practice while returning to my hometown to expand my East Coast deal flow.”

Law Firm Recognition and Accolades

John Allen, of Varnum, was recently appointed to the Ethics and Professionalism Standing Committee of the Tort Trial and Insurances Practice Section of the American Bar Association.  Allen, who focuses his practice on business and commercial litigation, has served this committee devoted to consideration and understanding of issues on attorneys maintaining professional independence, at several points throughout his career.  Along with being certified as a civil trial advocate by the National Board of Trial Advocacy, he is also a certified arbitrator and mediator.

Carmen Cole Polsinelli Attorney
Carmen Cole

Labor and Employment Attorney Carmen Cole, with Polsinelli, was recently appointed to the Board of Directors of Public Counsel.  Public Counsel is a non-profit dedicated to providing legal services to individuals, families, veterans and immigrants who live below the poverty level and do not have access to legal representation.  In order to address civil rights and systemic issues facing this population, the group works with volunteers from major law firms and corporations.

Cole, a Principal in Polsinelli’s LA and SF office, says, “Public Counsel plays a critical role ensuring that individuals in underserved communities within the Los Angeles area have access to quality legal representation,” said Cole. “I am honored and humbled to be a part of this mission. As someone from an environment where statistically it would have been more likely for me to have become a client of Public Counsel rather than a member of its Board of Directors, this appointment will provide an opportunity to pay it forward. This is a great way to give back to the Los Angeles community.”

Cole has a long list of community volunteer and leadership roles. She has been active with the California Minority Counsel Program; she has worked hard to make the legal industry more accessible to women and minorities.   Cole has also contributed her time in raising awareness and funds for the African American Chamber of Commerce’s (GLAAC) Education Fund & Foundation program.

For the sixth year in a row, Davis Wright Tremaine was named one of the country’s Best Law Firms for Women by Working Mother magazine in conjunction with the ABA Journal. This accolade recognizes the firm’s success in retaining and recruiting women attorneys, the firm’s family-friendly policies and the resulting high number of women in leadership roles. Women comprise 27% of the equity partners at Davis Wright Tremaine.  The magazine highlighted the firm’s Mentoring Circles program, which was recently revamped and now helps support over 100 women attorneys at all levels in the firm.

Labor and Employment law firm, Jackson Lewis was also one of the 60 firms recognized by Working Mother magazine as a “Best Law Firm for Women.” Firm Co-Chairs Kevin G. Lauri and William J. Anthony  say they are pleased with the firm’s designation by the magazine, and they “consider it to be a direct result of the firm’s inclusive culture together with our commitment to fostering the promotion of women throughout every level of the firm.”

Meredith Borgas, editor-in-chief of Working Mother, says she hopes the magazine’s accolade highlights best practices for law firms and encourages others in the industry to follow suit.  She says, “It’s heartening to see the progress women lawyers are making at firms committed to fully utilizing these attorneys’ abilities. The war for talent is increasing incentives for law firms to invest in retaining women lawyers, which is why we’re seeing more women’s initiatives and parental-support groups.”

Daniel Wolf
Dan Wolf

Dan Wolf, an Associate with Gilbert LLP, was recently honored with the Making Justice Real Pro Bono Award by the Legal Aid Society of the District of Columbia.  Wolf has an outstanding record in pro bono achievement, having worked with clients referred from Legal Aid and leading pro bono efforts at his firm; which he has done since he joined Gilbert in 2012.  Wolf has worked with pro bono clients on consumer law matters, rental housing and public benefits, and he has recruited colleagues to take on these matters as well.  Scott Gilbert, the founder and Chairman of Gilbert LLP, says Wolf “sets an example for the firm.  We are both very proud and quite fortunate to have Dan as a colleague.”

Legal Industry Tech, Tools &

Thomson Reuters recently announced Westlaw Edge Quick Check, designed to harness AI technology to streamline and supercharge legal research.  Quick Check allows Westlaw users to go over documents with citations to ensure everything is covered and no major points were missed. By uploading a document into Quick Check, users can have the text analyzed and Quick Check will identify the legal issues at hand, offering recommendations of relevant to the issues in the document that are not cited.  Users can filter results based on previous reviews, and additional indicators are assigned based on established categories.  Quick check is integrated with KeyCite to catch cases that are bad law, to ensure the results are accurate.  Additionally, QuickCheck can be used to identify weakness in briefs, highlighting citations that are invalidated or overturned, and can find citations that were passed over but are relevant.

Khalid Al-Kofahi, vice president of Research & Development at Thomson Reuters says:

We’ve built Westlaw Edge Quick Check to be very sophisticated in terms of selecting which language and citations to extract from motions and briefs, and it executes several search strategies, sifts through primary and secondary law results, follows citation networks, and finds and filters by Key Numbers, courts and other data attributes. In doing so, it often considers hundreds of thousands of possibilities – far more than any researcher could go through, even if he or she had all day to do it – yet it returns a concise report of relevant material that might have been missed in a traditional research process.

Wilson Allen, a software and technical services provider for professional services law firms, and ClearlyRated, a client satisfaction, service quality research provider,  have teamed up to help law firms take client experience data to distill actionable insights for business development. Norm Mullock, Vice President of Strategy at Wilson Allen, says, “After experiencing the ClearlyRated client survey program first-hand, it became clear that real-time insight into client experience would be a pivotal improvement for the firms that we work with.”

This partnership will allow law firms to maximize the data available in both client feedback and business analytics to provide the tools needed for data-driven decision making. The companies have launched an API Integration that pairs the ClearlyRated Client’s Service program with business intelligence tools in order to ensure those data points are available for business planning.  Eric Gregg, ClearlyRated’s CEO, says, “The client experience is important to all professional services businesses, but it is also a prime opportunity for law firms to differentiate from the competition. Our partnership with Wilson Allen will ensure that the law firms we serve have access to measurable insight on the client experience in a way that supplements business intelligence and informs strategies for growth.”

With the need for efficiency ever-present in legal operations, LawLytics, the leading website platform for small law firms, and PracticePanther, the cloud-based practice management system, have partnered to provide customers of both forms with native integration between their platforms.  By simply embedding some code, a law firm’s web leads and client forms can be linked to their PracticePanther account, simplifying the process of integrating new clients, setting up billing and matter management.  Instructions, with screenshots, are available and this process can be implemented with just a few clicks.

Copyright ©2019 National Law Forum, LLC
For more legal industry updates, please see the National Law Review Law Office Management page.