Erasing the Stigma—Michael Kasdan [PODCAST]

Men often hide their mental health struggles deeming it not manly for them to acknowledge weakness. Michael Kasdan was there at one point in his career, but he’s long since learned better. Today, Michael is an active member of the Good Men Project, sharing his personal struggles with depression with others in the legal profession and beyond. Now, he shares his story and perspective on the state of men’s mental health with Mark Yacano in this episode of Erasing the Stigma.

Michael Kasdan is a partner in Wiggin & Dana’s Intellectual Property Group. He focuses on all areas of intellectual property law, providing his clients with full- service IP expertise that ranges from patent, trademark, copyright and trade secret litigation to IP-related transactions – including licensing and monetization – to helping companies to protect and reap maximum value from their own innovations and brands.

Michael was listed as one of the world’s-leading IP Strategists in the 2103 and 2017 – 2021 editions of IAM Strategy 300 – The World’s Leading IP Strategists and has regularly been listed in Super Lawyers. Clients describe him as creative, energetic, and easy to work with and seek his insight into the business, technology, and legal facets of their IP issues.

Michael writes and speaks extensively. His articles have appeared in Intellectual Asset Management (IAM) Magazine, LEXIS, Thomson/Reuters, Practical Law Company, IP Law360, Bloomberg/BNA, Managing IP Magazine, The National Law Review, and elsewhere. Michael is the sole author of Practical Law Company’s Practice Note on Patent Law and the Lexis Practice Advisor on Patent Licensing and is a co-author of Practical Law Company’s Practice Notes on Global Patent Litigation and Licensing and on Tracking and Privacy.

A member of the firm’s Inclusion, Diversity and Equity Committee, Michael has been the keynote speaker at conferences addressing topics such as diversity and mentorship. He is also a passionate advocate for mental health and wellness in the legal profession and the world at large and serves on the Communications Committee of The Institute for Well-Being in Law.

Michael serves as on the Board and as Director of Communications and Development of the nonprofit MyChild’sCancer and on the Board of the SouthNextFestival. He was formerly Chairman of the Board of the nonprofit CityScience, which focuses on improving STEM education in cities. He is also the Director of Special Projects and Sr. Sports Editor for The Good Men Project.

Michael received his J.D. magna cum laude from New York University School of Law. He was a member of the NYU Law Review and the Order of the Coif, was Fish & Neave Fellow for the Engelberg Center on Innovation Law and Policy, and served as President of the Intellectual Property and Entertainment Law Society. After law school, he clerked for the Honorable Judge Roderick R. McKelvie in the U.S. District Court for the District of Delaware. Michael received a B.S.E. in electrical engineering magna cum laude from the University of Pennsylvania, with a minor in mathematics. He was a member of Eta Kappa Nu, Tau Beta Pi, and the Penn Parliamentary Debate Team.

©2022 Major, Lindsey & Africa, an Allegis Group

What It Takes to Make It Rain: Rainmakers Now, and Rainmakers of the Future

rainmakerIn the rapidly changing legal industry, it is no surprise that broad conceptions of what it means to be a rainmaker are also evolving. Dr. Heidi Gardner, Lecturer and Distinguished Fellow at the Center on the Legal Profession at Harvard Law School, has been conducting research over the past decade on collaboration in law firms. Her findings have also revealed insights into rainmakers: what makes them successful, how their roles changed over time, and how the next generation of rainmakers can be primed to succeed. She will be presenting her findings on the myths and realities of rainmakers at the Thomson Reuters 24th Annual Marketing Partner Forum.

Successful Rainmakers: Extroverts, Introverts, and Cultural Understanding

A common discussion regarding rainmakers, and leadership in general, is whether they are born or made. Based on her decades long research, Dr. Gardner’s answer to whether rainmakers are born is a resounding no. What makes someone a successful rainmaker is their ability to exhibit other sides of their personality, or other strengths and traits, depending on their audience. Rainmakers are typically discussed as being highly extroverted—charismatic, forceful, possessing great salesmanship skills. However, these traits themselves don’t make rainmakers successful, but rather it is their enormous ability to connect with whomever the buyer of their services. Because buyers are not a homogeneous group, most successful rainmakers are able to adjust or adapt their style appropriately.

Introverts are therefore not precluded from being successful because of their commonly thought of as “quiet nature”. In fact, introverts may make better rainmakers in some regard. Dr. Gardner points out that introverts tend not to think out loud and consider what they’re going to say before they say it. They often take time to reflect and appropriately listen to the person that is sitting across the table. This makes introverts very adept at identifying the buyer’s underlying issues and thinking through what it takes to connect the dots inside their firm to help clients solve complex issues. Dr. Gardner also points out that “Many buyers of legal services are also introverts, and they will appreciate someone who has similar a demeanor—not salesy or pushy.” Great rainmakers who are introverts are chameleons. It likely takes more energy for them to be outgoing and interact with strangers in a bigger setting, but they will have developed the capacity to be gregarious enough to make those connections.

Successful rainmakers have a foundation of being highly empathetic and have a strong motivation and interest in understanding other clients—it’s part of what makes them so successful. Dr. Gardner posits these skills are the “basic building blocks for being able to communicate across cultures” and make rainmakers more equipped to be successful with buyers from other countries. What’s required is an additional measure of cultural intelligence; successful rainmakers take part in and study the behavioral mimicry of their buyers in addition to having an appreciation for why different people approach different problems from different perspectives in general.

Evolution of Rainmaker: Toward Collaboration

During the course of Dr. Gardner’s research, she has discovered an interesting trend, or rather non-trend, in the legal industry: the rainmakers at law firms are largely the same people. During the past ten to twelve years, firms have moved away from mandatory retirement. Partners are staying longer than ever, so the rainmakers at firms now are the same ones from a decade past.

There is a new generation of rainmakers coming in now, but there is a lot of frustration in the profession regarding the structure and effectiveness of succession planning (which will be discussed further below). Despite the fact that the legal industry is currently dealing with the same cast of characters, one profound change Dr. Gardner has observed in the last decade involves a simultaneous broadening and narrowing of the role of the rainmaker.

According to Dr. Gardner, “clients increasingly expect a level of industry expertise” that requires attorneys to identify their practices with more specificity than ever. An attorney can no longer be an “environmental attorney”, but must become “an environmental attorney with a focus on extractive industries”, or an “intellectual property lawyer” must be an “IP attorney who specializes in the patent prosecution of computer hardware”. However, because clients’ problems are becoming increasingly complex, rainmakers are less able to be seen as the single go-to person for a particular client who puts together a team of experts in a single discipline, but rather as needing pull together teams of multidiscipline experts. So along with the narrowing of the rainmaker’s own field of expertise, successful rainmakers are broadening their ability to pull together diverse teams to tackle their client’s problems. The rainmaker is the conductor; as Dr. Gardner states: “The client counts on them to be a broker to all of the kind of experts that exist within the firm.”

In order to be successful going forward, rainmakers of the future need to be more collaborative as far as seeking out complementary experts to serve clients. A common obstacle that prevents rainmakers from being successful in this is the reliance on bringing in the “obvious suspects” as a matter of prestige in front of the client. But when called upon to do work on the case, these attorneys are nowhere to be found. Dr. Gardner believes that a key to building a successful team will be to find the hidden gems at the law firm—rainmakers should seek out attorneys who are hungry for client service opportunities. She acknowledges that doing this can be a risky. It’s easier to put someone in front of your client who has an existing reputation as a guru in their sector, but their value to the process is limited if their participation is not complete.

People who are truly intent on becoming successful rainmakers should be investing the time and the energy on others who are not necessarily thought of as the “obvious suspects”. They must access the deeper well of talent that exists and bringing them through the system so that they become committed, loyal, deeply engaged attorneys who are serving the client. To continue to be successful, rainmakers will need to take the risks and bring different kinds of people on board; as Dr. Gardner stated “The legal industry is too fragile to rely on just small pool of experts.”

Rainmakers – The Next Generation

As stated previously, Dr. Gardner has found that effective succession planning in law firms has been found wanting. Even though this generation of rainmakers has been around longer than ever, it is critical for the continuing success of firms to take a hard look at bringing up the new generation of rainmakers on deck. The most effect way to begin doing this is through mentorship. Dr. Gardner states, “People need to accept responsibility for developing a pipeline of talent.” She experienced some of the effective mentoring while she was working as a consultant at McKinsey’s Johannesburg office. She worked under a partner that would take her to all the important meetings, where she wasn’t expected to participate, but allowed to observe. During her time under the tutelage of this partner at McKinsey, she learned a tremendous amount about the ins and outs of client handling. Today’s rainmakers need to make those types of investments in people that will eventually come after them.

Up-and-comers also need to be willing to take responsibility for the trajectory of their career. Too often, Dr. Gardner has encountered partners who have tried to give junior partners or associates the opportunity to participate in learning experiences, who are asked “Can I bill the time?” This is the incorrect mindset to have on the road to becoming a successful rainmaker. Dr. Gardner elaborates: “If you’re trying become a successful rainmaker, you have to invest some non-billable time in your own development as well.” Both the willingness of existing rainmakers to mentor and the tenacity of of rising rainmakers will be what dictates the success of the next generation of rainmakers.

Learn more about the Thomson Reuters Legal Executive Institute Marketing Partner Forum here.

Copyright © 2017 National Law Forum, LLC

Once and Future Legal Profession – 10 things (plus 4) Lawyers Had in 19th Century They Should Get Back

Coming out of the 19th Century, practicing law was an almost unimaginably great way to live.

Orginal-Sin

  • The work was knowledge work and, by and large, it was challenging.
  • The practice entailed a craft to be mastered – both in terms of knowledge and experience, and also in terms of analytical and persuasive skills. Lawyer skills enhanced life skills. They developed judgment.
  • The work was meaningful. It made a difference in the lives of clients who had personal connections with their lawyers.
  • The profession itself was set apart. Its members had attended the same or similar schools, and had read and studied the same literature and culture. There was a high level of trust among practitioners.

  • Many lawyers practiced by themselves, controlling their own comings and goings, while regularly associating fellow lawyers as needed. Others practiced in small, personal partnerships. Experienced lawyers helped new lawyers learn the practice, regardless of firm memberships.

  • Lawyers’ work contributed in a vital way to the system of justice, and also to a growing system of business and commerce.

  • Lawyers were compensated based on value delivered and the clients’ ability to pay. There was a grounded sense that lawyers had an obligation to render services for the public good without pay in appropriate cases.

  • There were no timesheets. There was no billing software. There were no hourly rates, and no billable-hours quotas.

  • Lawyers commonly earned a good living, often by investing alongside their clients in new ventures and being involved in the operations of those and other businesses; or, more simply, by farming while they also practiced law.

  • Commonly, lawyers played leading roles in the civic and cultural affairs of their communities, both as a matter of interest and perceived duty, and also because it promoted their law practices.

  • The technologies used in legal work imposed a slower pace on professional life.

  • Lawyers’ public and private roles were not separated. Few perceived a need to balance different aspects of their lives.

  • There was little need for lawyers to get up early in the morning.

  • For the most part, lawyers were not called upon to lift or carry heavy things.

Why would anybody screw that up?

Current developments in the legal profession and in the broader workplace offer the hope that a 21st Century version of what was lost can be recaptured.

Legal services technologies and artificial intelligence, alternative legal services providers, networking capabilities, and communications technologies – these are tools that relieve practitioners of the need to perform high-volume, routine tasks. They enable new forms of collaboration. They can support newly envisioned, smaller, more cohesive, and more creative professional associations.

This will require differently trained lawyers, and new kinds of legal services providers. For lawyers and the schools who prepare them, it will require rethinking legal education, and a new understanding of organizational development, talent management and professional development.

Those things will come, albeit not rapidly. Some heavy lifting may be required.

Copyright © 2015, Brooks, Pierce, McLendon, Humphrey & Leonard LLP