Tag: Legal Recruiting

Three Messages Next-Generation Recruits Need to Hear from Law Firms

By sheer numbers, millennials make up the largest generational group at midsize and large law firms today. Within the past few years, the oldest members of that generation began reaching partnership, and soon they will take over leadership positions as well. But the transition hasn’t been easy. Law firms know they must adapt in big ways to recruit, motivate and retain these lawyers, while at the same time working to stay relevant to firm clients. After all, the majority of legal services buyers will soon be millennials too.

Firms understand what matters to these younger lawyers; meaningful work, equity and inclusion, and work-life balance are all factors that determine where they choose to build their careers.

Most firms are at least beginning to reimagine some of the ways they do business in order to accommodate the needs of this new generation of lawyers. But not all law leaders grasp the important role communication strategy should play in their efforts to modernize. You might be taking the right steps, but how are you talking about that work with your target audience?

Here are three messages your firm must express:

 “We have a plan to make our firm more diverse and inclusive.”

Millennial lawyers know that most firms have been talking about diversity and inclusion for years without making much progress on advancing women, people of color, LGBT lawyers and lawyers with disabilities. They want to work for a firm that goes beyond lip service to articulate a plan of action and ambitious benchmarks that will hold leadership accountable for leaving the country club culture behind. What does that look like?

  • Provide PR support for diverse attorneys to help them build their profiles and develop business. Deploy your communications resources strategically to shine a light on your firm’s future superstars.
  • Address pay equity and the need for change. Millennials value authenticity, and they interpret silence on issues like this as complicity with unfair practices.
  • Demystify networking. Business development training and participation in professional associations can help these lawyers build their business in ways that feel natural and effective.
  • Equalize access and opportunity. How do cases and matters get staffed at your firm? Do you have a method for fairly distributing work and making sure a wide swath of your attorneys get to take a crack at high-profile work?

“We want you to have a life outside work — really.”

Millennials are more skeptical of institutions than past generations, and that means they are pretty good at spotting empty promises. So in order to appeal to these lawyers, your firm will have to get beyond platitudes and commit to specific policies and initiatives that encourage and protect work-life balance. How can you convince them you mean it?

  • Embrace flexible scheduling. Firms that will not budge on schedules virtually guarantee that parents — and women more often than men — will be forced to make impossible choices between their children and their career.
  • Destigmatize parental leave. Men and women both risk being viewed as “out of the loop” or not sufficiently committed to the firm if they choose to take time off after their babies are born, and that can have real negative consequences for their careers. Hold up and celebrate cases of men in leadership who take parental leave. Make it the new norm.
  • Address mental health issues head on. By now we’re all familiar with the alarmingly high incidence of depression, substance abuse and suicide among attorneys. Millennial lawyers want to know firms are not sticking their heads in the sand when it comes to mental health.

“We want you to succeed.”

Enduring and succeeding in the survival-of-the-fittest law firm culture may have been a badge of honor for generations past, but not for millennial lawyers. This cohort values collaboration and fairness more than gaining a competitive edge on their peers, and forward-thinking firms will adopt new policies and practices that assure millennial lawyers the game is not rigged. How can you communicate your support to these associates and younger partners?

  • Make your billable hour expectations transparent. According to the Young Lawyer Editorial Board of the American Lawyer, associates just want their new firms to be straight with them about how many hours they are expected to bill. And they don’t mean the published hours requirement.
  • Take mentorship seriously and prepare young lawyers to take advantage of it. Mentorship programs succeed when firms devote time and resources to them, and when they make thoughtful decisions about which partners should participate. (Not everyone is cut out to be a mentor, and that’s okay.)
  • Consider a sponsorship model. Sponsors move beyond the traditional mentoring engagement to advocate for their protégé. This may mean expanding the perception of the kind of work the lawyer can take on, brokering connections with other partners or with clients, or advocating when it comes time to staff cases. A sponsor uses his or her power and access to ease the younger lawyer’s advancement, particularly if that younger lawyer is a woman or other minority in the firm.

Firms who get their messaging right — and implement policies and processes that back those messages up — will be well-positioned to recruit the best and brightest next-generation lawyers.

© 2020 Page2 Communications. All rights reserved.

For more on the law firm workforce, 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.

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.

Diversity: a Core Value and a Strategic Investment

This Week’s National Law Review  Business of Law Guest Blogger is Vera Djordjevich, Senior Law Editor of Vault.com.  Vera explains why diversity in the legal profession benefits everyone.

As the latest “Jobs & JDs” report from NALP makes clear, today’s lawyers face a challenging job market. Widespread layoffs, reduced summer programs and other recruitment-related cutbacks raise particular concern for those tracking diversity in the legal profession. Even before the recession, progress in this area, particularly at the law firm partnership level, had been slow; now, many worry that the economic fallout will have a disproportionate impact on attorneys of color and other under-represented minority groups.

It may be commonplace for employers to voice their support of a diverse workplace, but making diversity a reality rather than simply a refrain requires work, planning and, to some extent, money. When there’s less cash to go around, budgets for programs that ostensibly represent only a company’s conscience rather than its fiscal responsibility may be the first to shrink. However, diversity is not simply an ethical imperative, it is also a strategic endeavor. A company or law firm with a long-term strategy needs a well-rounded and able workforce to preserve and grow its business. The cultivation of talent, diverse in experience, culture and outlook, represents an investment in a firm’s future. It is not a distraction from, but a contribution to, a law firm’s fiscal health.

Moreover, if you look at both the tools that promote diversity and the effects that a diverse staff has on a work environment, it’s clear that they provide broad benefits to the business as a whole.

1.       Retention and development tools benefit all associates

Naturally, law firms need to be strategic and focused in their spending. But some of the most successful measures when it comes to diversity require little, if any, extra spending — mentoring, monitoring the progress of attorneys, and ensuring they have equal access to significant opportunities and clients in order to move forward in their careers.

The real hurdles may be less financial than philosophical. The legal profession is famously slow to institute significant structural change and law firms in particular hew to traditional systems of hiring, advancement and compensation. But the inherent limitations in the up-or-out pyramid model, lockstep salary system and trial-by-fire training are coming to the surface as more legal professionals consider alternative frameworks for compensation, assignment, advancement and development — frameworks that are merit-based, but focused more on evaluating than judging, developing than criticizing.

While many of these new models are discussed specifically in the context of improving retention among minority and women attorneys, the truth is these approaches should help all lawyers succeed. Consider these examples:

  • Effective frameworks based on core competencies
  • Solid, practical training programs
  • High-quality mentoring, in which mentoring is treated as a valuable contribution to the firm rather than a pro-forma obligation
  • Regular and substantive feedback regarding performance and expectations, rather than cursory annual reviews that take associates by surprise and offer little guidance
  • Recognition that there can be more than one effective approach to a given task

These are tools that benefit all associates and, by extension, the firm itself. Having a cadre of confident, well-trained and high-performing lawyers should be every law firm’s goal.

 2.       Everyone shares the benefits of an inclusive culture

This Friday, Vault and MCCA will be holding their fifth annual Legal Diversity Career Fair, giving diverse law student and lateral candidates and legal employers an opportunity to meet. As a prelude to the fair, Vault will be hosting a special breakfast to announce its 2011 Law Firm Diversity Rankings and honor the law firms who were the most highly rated by their own associates for their commitment to hiring, retaining and promoting diverse attorneys.

It seems no coincidence that the law firms that receive high marks for their commitment to diversity in our annual Law Firm Associate Survey include many of the same firms that are rated highest for firm culture and professional development. Of the top 20 firms in overall diversity this year, more than half were also ranked among the best in firm culture and for formal training and/or informal training and mentoring.

As an associate at one of the top-ranking firms noted in response to our survey: “The firm makes a conscious effort to recruit attorneys from diverse backgrounds and experiences, and it makes for noticeably better, more well-rounded case teams. I am continually amazed and impressed by the experiences my colleagues bring to the table.”

A law firm that keeps minority and women lawyers challenged, engaged and optimistic about their careers likely offers a welcoming environment and professional development opportunities to all of its attorneys. Having a wide range of backgrounds, perspectives and insights represented among employees not only makes for a livelier, more interesting workplace, but it also produces better results.

© 2010 Vault.com Inc.

Vera Djordjevich Senior Law Editor, Vault.com

Vera Djordjevich is senior law editor at Vault.com, where one of her areas of focus is diversity in the legal profession. She oversees the research and publication of information about law firm diversity initiatives and metrics for the Vault/MCCA Law Firm Diversity Database. She also edits Vault.com’s content related to law practice in the UK and co-authors Vault’s law blog, which provides career news, advice and intelligence to the legal community. Prior to joining Vault, Ms. Djordjevich was an editor at American Lawyer Media and practiced law in a small litigation firm in New York. She has a law degree from New York University School of Law and a bachelor’s degree from Stanford University.

How to Motivate Attorneys to Market

National Law Review Business of Law Guest Blogger Deborah Knupp of Akina Corporation provides some very helpful and specific tips on how to motivate attorneys to market.

The Essence of Motivation 

Consider that what lies at the heart of many motivational techniques is often a proverbial “carrot” or a “stick”, externally presented by a person of authority in an effort to coerce behavior to a desired outcome.  The “carrot – stick” continuum often manifests within law firms through monetary rewards (or not), primo assignments (or not), invitation to partnership (or not) and a measure of “protection” that ebbs and flows with the rising (or falling) tides of the marketplace.  The biggest challenge for sustained motivation and momentum with the “carrot – stick” continuum is that it relies largely on managers to consistently keep the motivators present and to be consistent in the reward or consequence when behavior does or doesn’t align with expectations.  In essence, “carrot – stick” is a highly management-dependent motivational technique.

A more effective motivation technique is one that emphasizes reflective, intrinsic motivators and places accountability for sustained motivation and momentum on the individual.  With this approach, a manager’s job is to create a set of conditions whereby a person can be at their best and sustain energy and momentum to meet (or exceed) expectations.  Self-motivation, as it is often referred, is generally the result of three things:

1)     Effective training whereby the individual knows what to do

2)     Effective coaching whereby the individual knows how to do what is being asked or expected

3)     Regular encouragement that reinforces behavior, course corrects mistakes and supports progress in pursuit of the ultimate result

So the short answer to the big question, “How do you motivate attorneys to market?” lies within these three truths – training, coaching, and encouragement.  Further, motivation to market begins with changing the marketing mindset from “marketing is a cheesy, arm-twisting, manipulative, unsavory, self-interested set of activities” to “marketing is about 1) building authentic relationships and 2) solving problems that should be solved even if it means temporarily suspending self-interest.”   Or as my six-year old most recently said to me, “Mommy, you help people know how to be nice, make friends and share.”

Training – The What’s

Let’s begin with training.  There are four key things attorneys should know before they embark upon a marketing effort:

1)     They need to know their target markets.  Target markets can consist of industries, types of business situations, specific buyer types or even specific company targets or contacts. Target markets should be selected based upon strengths, natural skills and genuine interest.

2)     They need to have an authentic reason to market.  If an attorney doesn’t have a good reason to pick up the phone and call, then the attorney should wait to call until there is an authentic reason.  Attorneys should ask themselves – “If I was the person I’m about to call, why would I be interested in hearing from me?”  Authentic reasons generally fall into one of three “IN” baskets – Invitations, Introductions, Information.

3)     They need to have a message.  If an attorney wants to be memorable, they need to be message ready with a Quick Pitch. A Quick Pitch answers the question, “what do you do?” with a response that answers the question, “the problem I solve for whom is ______”.  People care about what we can do for them or others (not just the job title or practice group).

4)     They need to choose marketing activities that are rooted in joy.  For some, they would rather impale themselves with a sharp object than go to a networking event.  For others, writing or speaking is the equivalent to watching paint dry.  Attorneys need to choose marketing activities that are most likely to lead to authentic relationship building and position them as problem-solvers.  For some, this is networking and helping people make connections.  For others, this is becoming a subject matter expert, writing or speaking on thought leadership or advancing in a leadership position for a professional association.

Coaching – The How’s

Once an attorney knows what to do, there are four key things that provide the “how” for execution:

1)     Prioritize prep/planning/strategy.  Effective preparation suggests that we honor another’s time by caring enough to have a game plan designed to get to a clear destination.  Key elements of preparation are having an objective for why we want to meet, preparing key messages to convey interest and value, know the discovery questions we will ask to deepen understanding and relationships and anticipate outcomes with potential definitive next steps.  Preparation helps attorneys control the variables they can in an uncertain market place.

2)     Utilize the Platinum Rule when asking questions.  The Platinum Rule says do unto others as they would have done unto themselves or in more basic terms serve another’s interest first and your interests will be satisfied over time.  The Platinum Rule gives attorneys a posture of service over self-interest.  The best way to demonstrate credibility is to ask questions that demonstrate care and interest in another.

3)     Utilize time-boxed follow-up to stay connected.  Time-boxed follow-up is the opportunity to set definitive next steps in the moment.  It’s saying “I’ll call you next Friday to set up lunch” or “I’ll reach back out to you in 6 months if we don’t connect again before then” versus leaving next steps open-ended or saying “we should do this again some time.”  Definitive next steps give us the chance to demonstrate that we are our word.

4)     Know how business really closes.  There is no magic phrase or silver bullet to close business.  There are however, 6 qualifiers that can be like silver bullets to close business.  Business will generally close if there is 1) a legitimate problem, for which we have 2) a good fit solution and there is 3) a sense of urgency attached to the timeline to make decisions.  We must 4) have access to the decision makers and their decision-making criteria, 5) expectations must be in alignment for the level of effort it will take to initiate a relationship or work with us and 6) there must be a budget that fits with our fee structure.  When the prospect’s interests align with our 6 qualifiers, business has a way of closing itself. 

Encouragement

One of the big reasons attorneys lack motivation (or sustained motivation) to market results is the lack of seeing tangible results (i.e. new business, new clients, etc.) quickly.  As important as training and coaching are to equip attorneys, one of the largest success factors for motivation is regular, ongoing encouragement.  Encouragement to celebrate when things are going well and encouragement to restore hope when it is difficult to see progress.  Encouragement comes from what gets measured and what gets communicated.  While it is appropriate to measure revenue results, measuring progress is vital to sustain momentum.  Such progress might be advances in relationships and access to new opportunities.  Lastly, regular verbal checkpoints, spot coaching and verbal recognition are some of the most powerful ways to encourage through communication.

Be nice, make friends and share.  The motivation comes from within.

Deborah Knupp has worked globally with CEOs, executives, managing partners and attorneys as a coach and business executive for over 20 years. She has helped these leaders align their people systems and business objectives to create cultures based on the principles of accountability, integrity and authentic relationship building. Her work has focused on making the work environment a place where employees “want” to be; where clients “want” to buy; and, where leaders “want” to serve a bigger purpose in their communities and families. www.Akina.biz

As first appeared in the January/February 2010 edition of the “Administrators Advantage” the newsletter of the Chicago Chapter of Association of Legal Administrators. 

COPYRIGHT © 2010 AKINA CORPORATION The Essence of Motivation

 

Surviving the Economy: Dancing in the Economic Storm

“Life isn’t about waiting for the storm to pass… It’s about learning to dance in the rain.”
Vivian Greene

Americans remain apprehensive about the economy, their job prospects and their incomes, even as a recovery is taking shape. We as a country are going through a financial crisis, which is testing us in many ways. Although, individually, we are being and will be affected to different degrees and in various ways, as a country, we are learning how to deal with these challenging times.

It is natural for us to be concerned about our future when we see the economy struggling and people getting laid off and lacking basic necessities. Anger is building in many sectors of society. Like many others, you may be feeling pain, fear, anxiety, betrayal, anger and even hate towards those you believe are responsible for what has happened. However, these emotions will not help you deal with the situation effectively.

Each of us desires the kind of comfort that will keep us steady in times of crisis, regardless of the circumstances. The process of remaining steady in challenging times begins with our outlook. It is important to remember that during difficult moments, we are not powerless. Rather, the contrary is true. We have the power to overcome many of the challenges we face. All too often, we feel so overwhelmed by negative possibilities that we fail to see opportunities before us.

Linkedin Logo Neon It is imperative to maintain an optimistic attitude and arm yourself with practical tools for survival. Since the job market is harder to penetrate now, making it even more competitive, you must be flexible regarding such issues as the type of employer, industry and compensation. Experience and education are more vital than ever. Professional networking sites such as LinkedIn have become an excellent venue for reaching a vast pool of potential employers and should be considered an important resource when looking for jobs. Statistically, over 75% of jobs are found as a result of networking.

It also is essential to know what is going on in the job market and, specifically, the legal industry. This year, small and midsize law firms have been busier than larger ones. Some of these firms are litigation boutiques whose business has increased as a result of litigation related to failed companies and financial institutions or disgruntled investors. Securities and white-collar litigation also has begun to improve. Labor and employment litigation has increased since more companies have implemented layoffs. IP litigation also has remained a strong practice area in most markets. Bankruptcy and reorganization practices have thrived as a result of the economic impact on companies. Additionally, many smaller firms are busier because corporate clients have sought (or demanded) lower fees. Undoubtedly, this trend is likely to continue in the foreseeable future.

Employers of all sizes are taking longer to make hiring decisions. Consequently, finding a job has become a much slower process. It is an employers’ market because they can afford to be more particular about which candidates they interview and hire given that they have a much larger pool of applicants to consider. Therefore, do not assume you have been rejected simply because you have not heard from a prospective employer in a few weeks.

It is a tough job market out there – probably one you never thought you would encounter in your lifetime. Opportunities are scarce in this economic climate and this is the new reality. Multiple job offers are likely a thing of the past, at least for the time being. If you already have a job, remember that anyone in this economy could be the next person let go. Even if you are a star who has great training, experience and skills, and has formed alliances at work, you could be one step away from a job search.

With that said… now is the time to outdress, outspeak and outsmart your competition. And most importantly… it’s time to learn to dance!

Contributed by Guest Blogger Rodney L. Abstone II of  Chicago Legal Search, Ltd.

©2010 Chicago Legal Search, Ltd. All Rights Reserved.

How Law Firms Can Leverage Their Relationships With Alumni (Including Those Not Leaving of Their Own Accord) and Why It Matters

From Guest Blogger Kate Neville of Neville Career Consulting, LLC – why keeping good relations with firm Alumni is important: 

A. Challenges of the New Economy

In 2009, more people were laid off by more firms than had been reported for all previous years combined.1 Letting attorneys go in significant numbers is not something large law firms have had a great deal of experience with until recently. Standard practice in most large law firms had been to retain attorneys until a partnership decision was made. These firms did so in part because they feared the reputational stigma attached to firing one of their own; as one blog explains, the “vast majority” of prospective lawyers “turned up their noses at firms…[that] laid people off.”2

How quickly times have changed. Despite the novelty of big firms having to let their attorneys go, it still comes as a surprise how poorly some large law firms have handled the process of layoffs over the past year. To be fair, firms made these decisions under great stress and uncertainty, when the risk of total firm collapse existed and in fact happened to some, which certainly influenced the choices they made.  Many firms insist that they have only let attorneys go for performance rather than economic reasons, even when it strains credulity. It is difficult to believe that a firm suddenly realized, all at once, that dozens of its attorneys had sub-par performance, particularly when some of those lawyers were recently made junior partners, or when those attorneys were in their first or starting their second year of practice.

Most analysts (and other attorneys in private conversation) recognize that these lawyers would never be let go in a stronger economy as long as they made money for employers. To their credit, some firms forced to make layoffs have stated this explicitly and expressed regret at having to say goodbye to respected colleagues.  Even at firms that have been up front about the economic necessity of layoffs, however, stories abound of attorneys being given almost no notice, little or no severance, and no assistance in securing a new position.  Departing associates have told of working closely with a partner for years, only to receive an email message in farewell.  In a few cases, attorneys have been shut out of the firm’s computer system while they were being given the news, and others have been immediately escorted out of the building with their personal items forwarded separately by messenger. Such jarring departures, while common in investment banking and internet start-ups, had been unheard of for members of the bar in good standing whose only misdeed was that they were caught in a down legal economy.

Certainly, not all firms have handled things so poorly. Indeed, some have worked to create a “soft landing” for their attorneys who have been laid off. These efforts have typically included providing career counseling and outplacement services, offering appropriate severance packages, making office space available, and keeping attorneys’ phone lines and email accounts active.

By far, the most helpful — and loyalty engendering– thing a firm can do for its former attorneys is to make calls on their behalf and provide contacts who are knowledgeable about opportunities for the individual now looking. In the past, once it was decided that a senior associate was not going to be made partner, almost all large firms made an effort to place the individual in a position with a client or somewhere one of the firm’s partners was well known. While some individual attorneys have asked for and received this type of help in the past year, the courtesy has not been extended as a matter of practice to attorneys told that they no longer have a position with their firm.

There is of course no public data on which firms did what in the process of letting go of attorneys, so it is impossible to calculate how things were handled by the field as a whole.  Nevertheless, it remains clear that in the face of hard times and increasing financial pressures, it is in a firm’s interest to avoid unnecessarily aggressive, and arguably self defeating, approaches to downsizing their workforce.

B. The Business Rationale: Why It Matters

As one large firm associate noted in early 2009,

I remember back in 2003, one of my colleagues was laid off from our firm, and they provided him with six months’ salary and hired a professional career consultant/placement agent to help him land safely.…This firm did all the right things, including telling him that it was purely for economic reasons and not performance related. The rewards to the firm were obvious — he joined the in-house legal team of a Fortune 50 corporation, and still looks back fondly at our former firm despite being laid off.3

The absence of far-sighted strategies on the part of some large firms in letting attorneys go exists, of course, in large part because firms are under pressure to save money—the driving force behind the layoffs in the first place. Economic conditions have changed drastically since 2003 — firms no longer feel flush, there is no reassurance that business will increase in the near future, and fewer Fortune 50 corporations are hiring.

It seems that, in their rush to adapt to changing economic conditions, decision makers at some firms may have lost their long-term perspective. In some cases, administrators in charge of marketing and business development have made the case internally for substantive severance packages in order to maintain goodwill among departing attorneys only to be turned down by managing partners or others on the management committee.

The question remains at what cost firms make these decisions. Eventually the downturn will end. Law firm alumni will find jobs somewhere, very possibly with potential clients, and firms will get back into hiring mode. Consequently, it makes economic sense for firms to handle layoffs sensitively and to do as much as they can for outgoing employees in the midst of tough economic times.

When firms insist on claiming performance issues and treat their former employees so poorly, it not only poisons the relationship with the individual but also can quickly ruin the firm’s reputation with that individual’s former colleagues, clients, and fellow alumni. These procedures and processes — or the lack thereof — also mean that a firm assumes the risk of driving away future candidates and causing prospective clients to question the firm’s judgment, placing its future in jeopardy. It is difficult to see a rationale for some of the problematic things firms have done.

Accounting firms and management consulting firms have for many years invested in maintaining good relations with their former employees. They have, of course, not done so out of the goodness of their hearts but rather because it has proven to be good business. Through measures such as developing alumni networks to keep in touch and developing programs that attract alumni to remain engaged with their former employers, these companies regularly develop future business contacts and promote loyalty and goodwill that can help attract top candidates and clients in the future. The business argument that has persuaded business leaders across industries to maintain good relationships with their former employees follows.

First, attorneys already have a lifetime affiliation with a firm for which they have worked because the firm is always on their resume. When asked, as will be the case in almost any new position, alumni will of course speak more highly of the firm if their departure is handled well. The reverse is also true.

Second, the market will improve at some point, and firms will again compete for talent.  It is much less expensive to rehire people who have already been trained by the firm than to invest the huge sums that firms have traditionally put into their recruiting programs or paying recruiters to hire laterals.  Alienated former employees will not want to return and, even if they do, are not likely to perform at their best. In addition, any negative information about a firm will impact future law student candidates who often listen closely to the experience their school’s alumni have had with a firm. These recruiting circles are small.

Third, especially in a tough economy, it is critical to leverage relationships for business development. A firm has no way of knowing where its former attorneys will end up; and, if they happen to land in a large potential client’s office, their opinion of the firm matters a great deal. Conversely, if attorneys retain a positive view of their experience there, the firm could have much to gain.

Law firms have an opportunity to learn from corporate America and recognize that it is always good business to create a web of connections and to invest in developing positive relationships among people. Over the past year, only a limited number of law firms have seemed to understand that it is in their interest to help their attorneys land well.

C. What: Programming For Big Impact With Little Dollars

The lack of foresight many firms have demonstrated in how they let attorneys go is not only due to pressure to save money but is also explained in part by the legal field’s record of lagging behind other industries in developing and leveraging alumni networks.  Some law firms have taken the lead in developing such programs in recent years, but making the case for a law firm to develop procedures to maintain goodwill with their attorneys on their departure and going forward will likely be an uphill climb in the current economy. Virtually all businesses are concerned about how to do more with less, so law firm leaders are likely to question what can be done when most are already having to make budget cuts.

Even though law firms lack the infrastructure that other industries have created, measures to maintain good alumni relations do not need to be cost-intensive. At their core, successful networks are a combination of strong communications, networking, and follow-up. As other industries have learned, such programming is all about relationships; and, while it may be nice to have money to support them, hosting receptions and other costly events is not the only option.

In fact, inviting alumni to a law firm social event may not be the most effective route to maintaining good relations with attorneys who have been asked to leave. In one example, associates who had been laid off received their firm’s alumni end-of-the-year newsletter, which included an invitation to the firm’s holiday party. To its credit, the firm was making clear it considered these former employees to be just like other alumni of the firm, but several of the laid-off attorneys expressed incredulity that the firm that fired them now wanted to celebrate the end of the year with them. Further, the firm seemed to lack sensitivity when the letter it sent went on to tout how successful the firm had been that year — one in which it also laid off 55 attorneys, all of whom were receiving this news.4

Other kinds of interaction could prove to be both more productive as well as less expensive than formal events. Particularly when administrators within a firm have seen their responsibilities expand because fewer people are left to do the work, the measures a firm is most likely to adopt are those that will not require much additional work. A few lowcost examples of steps to maintain good relations with law firm alumni follow.

First, the loyalty-engendering practice mentioned above — of partners giving departing attorneys contact information for those who are knowledgeable about the individual’s field and making calls on an attorney’s behalf — costs nothing but a little time. Particularly since it has now become standard practice solely to confirm dates of employment, law firms willing to reach out on an individual’s behalf, give candid recommendations, or at the very least provide an objective reason for the departure, will stand out among their competitors.

Second, a firm can piggyback the steps it takes to develop alumni networks onto other initiatives already being undertaken. These can include incorporating alumni into client seminars and events, offering discounted continuing legal education (CLE) programs to keep bar memberships current, and inviting alumni to program events already planned as part of women’s or diversity initiatives or of particular practice areas.

Third, a firm can inexpensively create an alumni directory, keeping email addresses and other contact information updated so that individual alumni can reach out independently to one another. Maintaining such a directory provides a fair-value exchange for the firm, which gets up-to-date employment information and business leads.

Fourth, disseminating job postings has been a low-cost item that many attorneys have appreciated in firms that have begun this practice. The firm’s clients are often happy to have applications from alumni, and posting positions of which a firm’s individual attorneys are aware helps build their personal networks as well.

Finally, in headier economic times a number of firms developed a component of their websites specifically dedicated to alumni of the firm, but creating a firm-specific alumni group on Linked In and Facebook can achieve similar results at lower cost. Content is typically driven by determining what information alumni want, which has included career programs (webinars, conference calls, or in-person) and allowing alumni to opt in to different newsletters that practice areas put out with practice/industry-related news.

The future hiring model for large law firms remains up in the air, and the rise in the use of contract attorneys may change these equations so that law firms make money without modifying the way they let their attorneys go. The return on investing in continuing relationships will be great for firms that still want to compete for top talent and loyal clients.

For those firms that want to compete but might have handled layoffs in ways that were less than productive last year, future success will largely depend upon senior management creating a culture that recognizes the value of strong relationships and leverages opportunities to maintain them.

1 “The Year in Law Firm Layoffs – 2009,” LawShucks. According to the blog LawShucks and as cited in the ABA Journal on January 8, 2010, 4,633 lawyers were laid off at 138 large firms.

2 Ibid.

3 Anonymous posting to Above The Law, February 5, 2009.

4 As posted on Above The Law, December 8, 2009.

© 2007-2010 Neville Career Consulting, LLC

Posted by: Kate Neville

Kate Neville, Esq., a Harvard Law graduate, is founder of Neville Career Consulting, LLC, which provides guidance to attorneys considering a job change or career transition, whether within the practice of law or to another field.She began her career practicing law at Simpson Thacher & Bartlett and as an in-house attorney for New York City government before shifting to positions in management consulting and policy analysis. After serving as an advisor in Georgetown Law’s Office of Career Services, Kate decided to use her experience to help practicing attorneys identify the full…

202-997-9854

Hope for a Silver Lining in the Legal Employment World

From Guest Blogger Kate Neville of Neville Career Consulting, LLC – thoughts on the Legal Employment Outlook:

Attorneys who have been laid off or who cannot find a job after graduation have plenty of reasons to be disappointed and resentful–they have invested a great deal of money, time and effort to get where they are professionally. It is important to remember, though, that these feelings are not uncommon to lawyers who are actually in the sought-after big-firm jobs. Indeed, stories of unhappy attorneys at large firms are nothing new; they continue to drive traffic to numerous blogs and websites, such as Above The Law, which has covered in detail the panic attacks, ulcers, and other stress-related issues of which large firm attorneys often complain.

When economic times are booming, attorneys typically have gotten jobs at large firms almost exclusively based on their law school, their first year grades, and their ability to play well with others over the course of a summer. Rather than the result of thoughtful consideration whether they are a good fit for a big firm, many new attorneys accept these jobs as the path of least resistance. And while some love their experience at large firms, the hiring decisions often result in a mismatch as a significant percentage of these lawyers routinely become miserable after they begin to work there on a full-time basis.

Among those considered the lucky ones — both new and experienced attorneys who have large firm jobs — a not uncommon thread continues to be, “The idea that I might still be doing what I’m doing now for another ten years is frightening to me…I’m so bored, and when I look at the life more senior people lead, I do not want that in my future.”

A considerable number of large firm attorneys who feel this way nevertheless spend several years mulling over their situation before taking any action to address it. This inertia is often based in part because many seasoned lawyers have never looked for a job before — they went from college to law school and then were recruited by firms — and are not sure what else to do. And, of course, the firm salary has made it easier to defer making a move.

The current economy has changed that calculus. For many attorneys at large firms, the current market is accelerating the timeline of their departure, albeit to a time they would rarely choose independently. Rather than lament the loss of the pre-recession system, however, it would be nice if some constructive changes could come from the current pain. As businesses, large firms might adjust their hiring practices to become more effective. As institutions, law schools could help students learn the skills necessary to succeed at a firm, such as interacting with clients, working as part of a team, and business development. As individuals, attorneys who have been laid off or are unable to secure a law firm job can hopefully take advantage of an opportunity to investigate the range of their professional options and determine which might prove to be a good fit, now and in the longer-term.

The pain unemployed lawyers are feeling should of course not be minimized. It is difficult to consider being laid off a “blessing in disguise” under any circumstances, and particularly not when recent graduates bear significant debt and questions about how those loans can be paid off by people without jobs remain unresolved. Similarly, as fewer options are available at the moment for more senior attorneys who have been laid off, they have to focus on how to pay mortgages and college tuitions, and often on how long their savings can support them.

For a substantial number of lawyers, the real challenge to getting out of their current situation and moving ahead remains taking charge of their careers to learn about their options and make knowledgeable career decisions. For better or worse, this is rarely something attorneys at large firms do. Many lawyers who always wanted to practice law get frustrated with large firm life and take the first offer they get to leave, sometimes becoming dissatisfied all over again. Other attorneys who went to law school to “keep their options open” remain unsure after years of practice what those options are or how to pursue them.

Now is the time to find out.

For attorneys having difficulty finding a job, it pays to keep in mind the following as they move forward with their searches:

IT’S NOT YOU, IT’S THE ECONOMY

Because of the recession, being laid off or graduating without a job is no longer the black mark that it may have once been. It is fairly obvious that law firms — even those who continue to claim that their layoffs are performance-based — would never have fired these attorneys in a better economy. Similarly, a decision to rescind offers to new graduates has nothing to do with the performance of those individuals.

CAST A BROAD NET

It is in a lawyer’s interest to cast a broad net when looking at potential options. Whether expanding the search to include non-legal and quasi-legal positions or different geographic areas, being flexible increases the chances of landing a job. One job does not have to dictate the rest of a career. Further, many people report that some of their best work experiences proved to be in jobs that they never thought they would take when they first heard about them. For example, an attorney who initially scoffed at compliance as “checking off boxes” eventually accepted a job as a compliance officer only to discover that the management and policy issues inherent in ensuring compliance within the company were quite compelling. She ultimately found her work there much more satisfying than her large firm position litigating multi-million dollar cases.

IMPROVE INTERVIEWING SKILLS

In bullish markets, many lawyers have gotten good jobs without ever needing strong interviewing skills, but in the current market, those skills have become critical. Since many talented professionals are now in the market for jobs they otherwise would not have pursued, lawyers cannot assume they are attractive candidates by virtue of their credentials or intelligence. They need to make the case for themselves — why they are genuinely interested in a position and how their skills and experience make them a good fit.

NETWORK EFFECTIVELY

Another important difference from flusher times is that headhunters no longer routinely call with a range of opportunities. Instead, sitting behind a computer and applying for postings has become the most common method of job searching — and that is where many attorneys are most comfortable. It turns out that this strategy rarely works, however, because most jobs are never posted. The vast majority — most statistics cited say over 80 percent–of jobs are gotten through networking, which is not necessarily a skill most lawyers have. While it is possible to do quite well in law school without interacting with other people, much less having to make a good impression on them, learning to network is key to success in a job search and as a professional.

AVOID VENTING

The importance of networking in a job search complicates things for many attorneys who have been laid off or searching for some time. Being upset at your current situation can cloud your judgment, and it is critical to remember that pouring out your heart or taking out your frustration on people who are in a position to help you professionally is a self-defeating strategy if ever there was one.

DEVELOP A ROUTINE

It can be helpful to treat a job search as a job in and of itself — ideally, a job with good hours: 9 to 5 with a break for lunch. Even if those hours are not feasible given the need to bring in some income, developing a routine is important. While something can fall into a strong networker’s lap at any time, six months proves to be a good case scenario, and many searches take significantly longer. Use this window of time productively rather than procrastinate and get stuck.

Posted by:

Kate Neville, Esq., a Harvard Law graduate, is founder of Neville Career Consulting, LLC, which provides guidance to attorneys considering a job change or career transition, whether within the practice of law or to another field.She began her career practicing law at Simpson Thacher & Bartlett and as an in-house attorney for New York City government before shifting to positions in management consulting and policy analysis. After serving as an advisor in Georgetown Law’s Office of Career Services, Kate decided to use her experience to help practicing attorneys identify the full…

202-997-9854

Legal Marketers & Recruiters, A Recipe for Success

Legal Marketing & Recruiting Working in Sync

Business of Law Guest Blogger Jeffrey Morgan from Moiré Marketing Partners makes some interesting observations for the law firm world.

Recruiting lateral partners is one the most important ways that a firm may increase their gross revenue, profits per partner, revenue per attorney all while adding value and importance to the firm. Recruiting a “high profile” lateral partner should be treated with equal importance as landing a new client or getting additional business from an existing client.

I recently attended a meeting of the Los Angeles Legal Marketing Association (LA LMA) where members of The National Association for Law Placement (NALP) were also invited. I was really surprised when I observed marketing and recruiting professionals from the same firm greeting each other as if they barely knew one another! Almost as fascinating was watching where everyone sat and interacted with each other at the luncheon. By and large recruiters tended to gravitate to each other while marketers exchanged hugs and greetings and sat together at their tables. Rarely did the two groups mix or mingle.

The excellent panel was stressing the need and importance for recruiters and marketers to work together as a team in the lateral recruiting process. They then asked for a show of hands to see how many marketing professionals actually took part in the process of recruiting laterals; few hands were raised. When the same question was asked of the recruiters the results were similar. (Kudos to the smaller firms in attendance where marketers and recruiters seemed to have a better working relationship.) It was clear that there is a separation between marketers and recruiters and according to the panel this dynamic needs to change.

As marketing and communication specialists, most agencies tell law firms and accounting firms that when they write marketing materials they need to write for a scanning reader. The two exceptions to this rule are when you are responding to an RFP and when you are writing a pitch to attract a lateral recruit. When you’re developing these business critical documents you can count on them being read word for word and being reviewed with great scrutiny.

The recruitment of a lateral has to be as important as landing a piece of business, maybe more so, this is why marketers and recruiters need to collaborate better to attract important lateral partners to the firm. Marketers know how to develop collateral materials that will appeal to a recruit’s emotions getting them to listen to your firm’s message; recruiters have the vital information laterals are looking for that will demonstrate that this move is going to pay off for them in the long run.  Most senior laterals are not looking to jump around, they want to find a home where they can grow their practice and know that they will be respected and given the support and business platform they need to succeed.

There are many reasons why good lawyers and accountants leave good firms: mergers, conflicts, changes in culture, however if your initial recruiting materials are not as convincing and as attractive to a lateral as another firm’s, you may never make it on to that recruit’s short list.

As with all important choices like this, the final selection is going to be based on the relationships that the lateral has or develops at the firm while interviewing. And, no one knows how to sell you firm as the “firm of choice” better than the firm’s marketing professionals. So recruiters please welcome the assistance of the marketing team in your lateral recruiting efforts, and marketers understand that recruiting is just as fine of an art as bringing in new business. Once both departments improve the lines of communications everyone will benefit, particularly your firm.

Full Text available at:  http://www.natlawreview.com/article/marketers-recruiters-recipe-success