21 06, 2010

Handy Additions to Your Conflict Resolution Toolbox

2010-06-21T13:04:13+00:00By |Comments Off on Handy Additions to Your Conflict Resolution Toolbox

“I suppose it is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail,” observed the famous psychologist , Abraham Maslow. When it comes to conflict resolution, the only tool that most lawyers get from law school is a hammer.

Hammering your opponent might work in a trial, but it doesn’t create optimal outcomes in a casual disagreement. It doesn’t work very well when your “opponent” is your boss or someone you care about. It doesn’t foster healthy and productive on-going relationships at the office. Hammering the other side and trying to “win” tends to spawn resistance, rigidity, passive-aggressive behavior, escalation or chronic difficulties. Defeating your opponent rarely results in genuine resolution of the issue.

Lacking other tools, ironically, some lawyers avoid confrontation on their own behalf. I know a very effective trial attorney who wouldn’t return a shirt that was the wrong size. Conflict avoiders allow the biggest rainmaker or the loudest bully in the office to control decision-making, without benefit of their valuable input. Meanwhile the law firm experiences low morale, costly turnover, missed opportunities and wasteful mistakes.

To help you become more effective at resolving your own conflicts, as well as at helping clients resolve theirs, here’s a brief primer on a few techniques to add to your tool box. […]

14 04, 2010

It’s Never Too Early to Raise Your Profile

2010-04-14T13:11:34+00:00By |1 Comment

In today’s fast-paced legal world, it is easy for young lawyers to convince themselves that they don’t have time to worry about networking, raising their profile and creating a personal brand. Have you ever said anything like this to yourself?

“It already takes Herculean effort to meet the billable hour requirements around here. I’m not going to waste my time giving away free advice or hanging out with a bunch of schmoozers.”

“I went to a smaller firm so I wouldn’t have to put on a game face. The partners here like my work, and that’s enough.”

“The point of going in-house was so I wouldn’t have to play politics and could have time for a life. I only need to keep my boss happy.”

“I’m just an associate. Clients aren’t going to come to me anyway, so why bother?

Why That’s Foolhardy

Even before the “Great Recession,” […]

30 06, 2009

Unusual Tips for Laid-off Lawyers

2009-06-30T15:56:11+00:00By |2 Comments

Unfortunately, this year an unprecedented number of attorneys have been laid off, and jobs for new law school grads have evaporated. Smart job hunters have already scoured the Internet for employment search tips. In this market, however, you need to get creative. Start now to generate opportunities to distinguish yourself from the competition and widen your circle of connections. Remember, relationships make the difference, especially in a tight market. Here are some tactics you might not have thought of to augment your existing approach.

1. Beef Up Your Resume.

You probably have more time available for research and writing now. Establish your expertise (or develop some), and give your resume some additional sparkle, by writing an article on a legal topic you are interested in. You don’t need to write a law review article. Contact industry magazines, legal newspapers, business journals and online publications. They need new articles every month or even more frequently, and most don’t require blue book citation. Many employers are more likely to read articles in such publications than in law reviews.

Your article will signal that you are an authority on the subject. Don’t be intimidated by lack of experience. If the topic is reasonably cutting edge, after your research you may be as expert as anyone else. As a second year associate, I wrote an in-depth research memo on an emerging legal issue for a client. Later, a partner asked permission to use my memo for his CLE presentation. (Today, I would ask to be a co-presenter with the partner to further establish my expertise.) Regardless of the legal topic, you will still know more about it than your lay readers.

[…]

10 04, 2009

8 Tips for Keeping Your Job in a Law Firm

2009-04-10T16:33:55+00:00By |Comments Off on 8 Tips for Keeping Your Job in a Law Firm

The Bureau of Labor Statistics reports that the legal industry lost 22,300 jobs in the last 12 months, and 2,700 in March 2009. Although more than half of those lost jobs were held by non-lawyers, both partners and associates are getting laid off in unprecedented numbers. What can an associate do to stave off the pink slip?

The only guaranteed strategy is to use a WABAC (or Wayback) machine to erase any of your mistakes or entitled attitude exhibited over the last two years, plus bring in $1 million of business. If those aren’t options for you, try these eight tips. “Results may vary” depending on the culture and financial condition of your law firm, but at least these tips will improve your chances.

1. Be efficient and responsive. Don’t let any projects linger on your desk. Some attorneys are so uncomfortable with having insufficient work to do, that they procrastinate on completing the work they have. Be aware that partners will expect you to get projects done faster than in the past, because they don’t think you have competing demands for your time. Although you will feel pressure to bill more hours, don’t milk your projects or pad your time. Partners feel pressure from clients to keep legal fees down. If there is any fluff, they are more likely to cut your time than their own, so don’t give them an excuse. Write downs don’t look good on your report card.

[…]

16 03, 2009

How to Say “No” to a Partner

2009-03-16T18:45:09+00:00By |Comments Off on How to Say “No” to a Partner

Author Anne Lamott says, “‘No’ is a complete sentence.” When you’re a junior associate facing a demanding partner in a law firm, however, it seems more like the path to a death sentence. How can you “be a team player,” yet protect your vital interests in your own health and well-being? Do you dare say “no” during an economic recession, when you see other lawyers getting laid off? Here are five strategies for taking care of your needs while still taking care of business.

1. Be proactive.

Minimize the number of occasions when you need to be reactive or negative. Do you work with a partner who has a pattern of dumping a new project on your desk on Friday at 3:00 p.m. with a Monday morning deadline? Try dropping by his office earlier in the week to discuss what may be coming up.

You might say, “I have an important commitment this weekend, so I want to make sure I cover all the bases for you by Friday. (Note: It’s important to insert that “for you.” It reassures him that you have his interests in mind.”) Are there any projects that you could find the need to hand off to me later? If so, I would like to know about them now, so that I don’t have to leave you in the lurch.” That last part forewarns him that you intend to stand firm, yet you care about what he cares about…him. […]

15 07, 2008

To Improve Your Firm, Look in the Mirror

2008-07-15T13:22:11+00:00By |Comments Off on To Improve Your Firm, Look in the Mirror

I attended a managing partner roundtable recently. In the course of the discussion I asked how many had ever used 360 degree feedback in their law firm. A couple of hands went up. One brave soul said, “What is 360 degree feedback?” Several nodded their heads or murmured that they were wondering that, too.

What Is 360 Degree Feedback?

360 degree feedback is a skills development tool which involves surveying the people above, below and around you to get their perceptions about your behavior and the impact of your behavior. The process may also be called multi-rater assessment, multi-source feedback or full circle appraisal.

It usually involves the supervising attorneys, practice group leader, and team or project leader, as well as colleagues, partners or peers within the firm who work with you or otherwise have ample opportunity to observe your behavior and your work product. The associates and staff who report to you or otherwise work with you also rate your behaviors and competencies, and feedback from clients might also be sought. The process usually seeks feedback on a confidential, anonymous basis.

[…]

7 07, 2008

Implementing a 360 Degree Feedback Program

2008-07-07T13:12:30+00:00By |2 Comments

Recently two different clients came to their coaching calls upset. They worked for very different organizations, but both had received the results of feedback surveys without any support or private debriefing session. Both were discouraged. They shared their reports with me and asked for help.

A Client That Saw the Glass Half Empty
One client’s report actually indicated a lot of improvement and some very good results in developing teamwork in his group. However, he focused in on the responses to questions that called for negative information, such as frustrations on the job.

He seemed to disregard the responses to the question “What is working well in your group?” He also failed to notice that when asked the neutral question “Is there anything else you would like to share?” quite a few respondents volunteered comments like “I love my job,” “This is a wonderful place to work,” and “They are doing a great job and it’s appreciated.”

[…]

14 03, 2008

Learning from Our Mistakes

2008-03-14T11:16:53+00:00By |Comments Off on Learning from Our Mistakes

A wise person said, “A mistake is not a mistake unless you fail to learn from it.” I made my share of mistakes in my legal career, and here are a few I learned from. I thought I would offer you the chance to learn from some of mine, instead of making them all yourself.

1. Viewing speaking and writing as non-billable time. It is true that we usually can’t bill anyone for those activities or the preparation time required. When I looked at it that way, however, I tended to de-value the activity, and put it behind everything else. Of course, that means I didn’t get around to developing talks or writing articles that would showcase my expertise and expose me to new contacts. The wiser course would have been to view those efforts as important business development activities, so that I would give them the appropriate emphasis.

2. Focusing on prospective clients and not on prospective referral sources. As a corollary to the first law practice management mistake described above, I didn’t take advantage of opportunities to speak to audiences full of referral sources. At a time when I represented small businesses, the managing partner of the regional office of a large national insurance company asked me to give a talk to their sales stars about shareholder agreements in closely held organizations. I never got around to it. I saw it as a favor to them and I didn’t recognize that they would be highly motivated to act like my free sales force convincing business owners that they needed shareholder agreements backed by key-leader life insurance. I didn’t recognize the opportunity, even though I had seen how an initial small project could develop into a significant long-term client. When those life insurance clients didn’t like their existing counsel, or needed a referral for other reasons, I would have […]

25 01, 2008

NY Times Article re Associate Retention Efforts

2008-01-25T10:27:12+00:00By |Comments Off on NY Times Article re Associate Retention Efforts

It will be no news to you that big law firms are struggling to retain associates. Almost all of them suffer from an enlarging associate vacuum after the 3rd year. The national attrition average at the 5 year point is around 80%! It really hurts firms to lose associates during what would be their most profitable years, not to mention the impact on firm morale when so many jump ship.

Some law firms are finally getting the message and starting to develop new associate programs aimed at keeping their talent. Although the programs may feel revolutionary inside the firm, in reality, many firms are just dipping their toes in the water. It’s hard to be forward-thinking and innovative when your whole culture is based on looking backwards and following precedent.

To get a peek at what some firms are doing, read the excellent New York Times article “Who’s Cuddly Now? Law Firms?” published yesterday. Most are trying to create more flexibility. Their plans purportedly allow lawyers to decide for themselves whether they want to be hard chargers racing to the holy grail of partnership, or whether they are willing to accept a later partnership entry in exchange for healthier working hours. It will be interesting to see whether the firm cultures really do reward either path.

10 11, 2007

Who Do I Need to Know and How Do I Meet Them?

2007-11-10T20:27:52+00:00By |1 Comment

I. Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct

A lawyer should not accept employment in a matter beyond his/her competence.
Unless: 1.01(a)(1) a competent lawyer is associated with client’s prior informed consent
“Competence” defined as having the ability to timely acquire the necessary knowledge, skill & training.

Need to know: lawyers

  • That you can call on to give you advice and guidance to expeditiously acquire such additional knowledge, skills and training as you may need.
  • That you can associate in your client matter with the client’s consent if the matter is too complex to handle on your own.

How do you meet them?

  • Houston Young Lawyers Association meetings
  • State and local bar association section meetings.
  • Solos Supporting Solos.
  • Call your old professors, especially if you are practicing in the same town. They can answer questions and refer you to other lawyers. They may even be able to help you find employment down the road if you stay in touch. Established lawyers often contact their old professors when they are looking to hire a young lawyer.
  • Lawyers in firms where your friends are working. Even someone just 2 or 3 years ahead of you can be helpful.
  • Take on bar association duties or section duties.

Start attending meetings before you have questions, so that you will already have the relationships established before you have the questions. Most of the organizations have student memberships, but very few students take advantage of them. You will stand out as dedicated, plucky, and savvy.

Find ways that you can benefit the lawyers you would like to benefit from. When you do them a favor first, they will want to find a way to benefit you.

  • Perhaps offer to 2d chair a trial with them for free, or at a very cheap rate.
  • Handle some of their “dog” cases for them.
  • Find out what needs or interests they have and try to help get them met.
  • Baby-sit their kids in […]

 

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