practicing law

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Post image for Law and the Mental Marathoner

I have a friend who ran the New York Marathon this past weekend and, from my out of shape perspective, that’s an amazing accomplishment. Twenty six and two-tenths miles isn’t a short drive, let alone an easy run, and the mere task of training for a marathon is a grueling process. It’s been said that if you start to doubt yourself at mile ten, you are in trouble; if you start to doubt yourself at mile 20, that’s completely normal, as no human is supposed to actually run more than twenty miles in one time. And in order to finish the race, it’s you versus your mind. This allegory, to me, sums up the practice of law.
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I Am Bitter and Abused

by Namby Pamby on October 11, 2011 in Columns

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Life has a way of reminding you that, even with a monstrous ego, you aren’t that important. This watershed moment, for me, happened about four weeks ago when everything that could go wrong, did go wrong. It was fun, let me tell you. Adding to this shit sandwich that I was facing on a minute-by-minute basis was a partner hellbent on causing me to lose it.

Which would have resulted in yours truly being featured on Above the Law for going postal. Only it would have been without my nom de plume.

Normally, I can deal with the simple work that a partner can dump on me throughout the day by doing it with a smile on my face (while imagining him being hit by a bus). It’s this simple imaging process that allows me to get through the day to the bottle of scotch I’ve got sitting on my bar.
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Post image for Five Signs You’ve Become an Old Codger Lawyer

Whenever I am in the office and going about my work, I get side comments from staff that loosely translate as “sure, whatever, Old Bone Kenobi.” It generally comes when I ask Greg to fax something for me or if I’m hanging out at the water cooler in the lobby and talking about practicing law out of my car. Over the years, though, I’ve noticed the comments are increasing, so much so that I’m concerned I’ve become what’s well-known in the legal marketing business as “Old Codger Lawyer,” a species of lawyer that is at least two generations behind but still proudly unaware of it. Thankfully, I’ve done some initial research and, thanks to younger associates, have some advice on what to look for and what to avoid.
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Post image for I Want To Fall In Love With The Law

QI graduated near the middle of my class of a top-tier law school in 2009. I have been working as a contract lawyer for two law smaller firms in a moderate size town for a year, gaining some valuable litigation experience.  I am at a crossroads, however. I really dislike litigation.  I never went to law school to research and write all day.  I did it to become a transactional lawyer.  But, I hear the life or work of a transactional lawyer isn’t so much better.  Therefore, I, like so many others on this site, am having some serious second thoughts about the law.  My question is, given the huge learning curve with the law, does time make the heart grow fonder?
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Post image for Six ShitLaw Job Terms You Find On Craigslist

How bad is the job market for lawyers? Statistically speaking, it’s pretty bad.  Recently, the National Law Journal reported that the number of lawyers working at the top 250 law firms dropped by 5,259 in 2009—an amazing realization when you consider we still have a month and a half to go.

As Leigh Jones summed it up, “It’s as if all of the lawyers working at two firms the size of Jones Day vanished in 2009.” But statistics only tell some of the story.

Given the sorry state of BigLaw’s headcount, it’s clear from reading blogs like Jobless Lawyer and Confessions of a Laid-off Lawyer that many in the legal profession are doing the unthinkable—turning to Craigslist for job leads. While there are no official stats on the trend, lawyers are increasingly turning to their last hope of finding work via online bulletin boards.

In a recent Bitter Lawyer poll, more than 60% of respondents said they would consider using Craigslist. And why shouldn’t you be able to find an attorney position on Craigslist? It is, after all, a great place to find an apartment, a fuck-buddy, and slightly used IKEA furniture. So why not a career?

Well, before you plunk down a Benjamin for that “almost new” Melbu bed frame and fire off your most-updated resume, you need to swallow a big old grain of salt, my friend. Because even though everyone knows that Craigslist jobs are a class below what you really want, not all postings are created equally. Or, put another way: There’s more variety in ShitLaw than you think.  Here are some of the terms and angles most often used that you should be too smart to fall for.

1“JD Required”. This is a job for a lawyer, but it’s not a lawyer job. Capisce? You can file it under “alternative legal career” if you like. But, in a nutshell, it’s the brainchild of an employer who wants to trade on some unique aspect associated with your degree. Which means you can be a copywriter for a website about employment law or asbestos cases, or maybe a recruiter (kind of a sick joke in this market, if you ask us).

In practice, these jobs mean you’re being paid to look like a lawyer, talk like a lawyer, but guess what—you won’t work or be paid as a lawyer. And once you go down this road, you can kiss practice goodbye.

2Temp/Doc Review. For some reason, these jobs always try to sell you on their prestigious clients. “We staff for firms like Skadden, Proskauer, and Latham,” the copy typically reads. Talk about false hope. Even in a good economy, it was unlikely that some senior partner would stumble into a conference room overcrowded with sweaty, over-worked/under-paid contract lawyers and say, “You there, the hardworking chap who spotted the errant comma yesterday—you seem like associate material.”

That was a one-in-a-million shot back then. Today it’s pure fantasy.

Contract jobs are sweatshops for people with graduate degrees. Period. You will not make a killing, you will not move up, you will burn out. But on the upside, you’ll be able to keep your apartment, keep up with your loans and be able to honestly tell friends, family, and prospective lovers that your are indeed an attorney.

3Tweener. Are you a seasoned lawyer? A recent law school graduate? Do you want to be an associate? Law clerk? Paralegal? Secretary? Accountant? Intern? Janitor? Babysitter? Slave? A tweener ad promises all of these positions (and any others you and your prospective employer can conjure up). Here’s the best part: All of these jobs are available at just one law firm, so you don’t need to submit multiple versions of your resume for each. Which means that it’s encouraged that you be both under- and over-qualified for this position.

4Illiterate or Desperate?. Technically, we can’t even call these job ads. While you’re looking for employers that have openings, the author of this ad is busy posting his plea for employment in the wrong section. Flag him if you like. But trust us, a rejected ad won’t stop this guy’s behavior.  And don’t be tempted to try it yourself.  It will get you nowhere.

5“Business Opportunity”. Got a book of portable business? Are you a seasoned lawyer with an entrepreneurial streak? Well, if you answer this Craigslist ad, you and your newfound partner will go on to be the next Kirkland & Ellis. (Didn’t that firm start when Ellis answered a classified ad written by Kirkland? “Young Ivy League lawyer seeks same for partnership. Sense of humor a must. Preference given to cat people.”)

Well, before you take a meeting with a random on Craigslist, consider this: The same guy who posted this ad about starting a law firm with a young go-getter like yourself is probably the same person who posted his plea for a job every other day in the legal jobs section of Craigslist. And that “office” of his is likely a studio apartment or a local Starbucks. And by “associates,” he means his pet Iguana who he calls the Rainmaker.

6“$100K” Six figures on Craigslist?  Wrong! There is no sex in the champagne room. There is no Santa Claus. There are no six-figure jobs on Craigslist. Well, regardless, you’re still searching for your run-of-the-mill ShitLaw job. Maybe it’s doing insurance defense or DUI. Maybe it’s a lonely, aging solo practitioner who handles anything and needs a young body, or maybe it’s an ambulance chaser’s paradise.

The place you find could do just about anything. But the takeaway here is that they probably do it poorly. The thing to remember about ShitLaw is that only the bottom of the barrel are so messed up that they take a shotgun approach to hiring. So find an employer who believes in slightly more rigid job titles. It’s the best way to avoid having a dispute over your year-end bonus with your boss while you’re holding his dry cleaning. Good luck.

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Post image for I Want a JD But Don’t Want to Practice

QI’m curious how important a law school’s ranking is if someone (me) is pursuing a law degree but does not want to be a lawyer. A little more specifically: My undergraduate degree is a double major in Advertising and Public Relations. I would like work for a larger PR firm actually doing PR and promotions. My law degree would only serve the purpose of working with legal reps and departments of clients intelligibly. Thoughts? Ideas? Criticisms?

ALet’s face it, better is usually best. Going to Yale Law School is always a better rap than going to a T4 school in the middle of nowhere, whether you ultimately intend to be a lawyer, a PR exec, or a bartender. But it’s also better to be super-handsome, super-rich and super-funny.

In your particular case, I don’t think rank matters too much. First, you don’t need to be a lawyer to work in public relations in the first place. In fact, 99% of PR executives aren’t lawyers. So the mere fact you went to law school will distinguish you from the crowd.  Second, the PR biz isn’t terribly school snobby. It’s not like consulting, private equity or investment banking, where a lawyer’s pedigree is the prime determinant in him or her getting a job.

Like I always say, you should only go to law school if you actually want to be a lawyer. Don’t listen to random friends and uncles who say things like, “Law school is a great training ground for business,” or, “It’s a versatile degree, you can do anything you want with it.” Three years and $150 grand is a lot to spend to be able to sound “intelligible” to legal departments, dude. Going to law school is a significant time and financial investment; make sure you’re committed.

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Crashing Solo

by Matthew Richardson on June 15, 2009 in Columns

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A few months back, I got an offer to strike out on my own and leave BigLaw for good. The offer came from Andrew, a really solid guy at the firm, who just wasn’t partner material. It was an open secret that nobody knew what to do with him. He was a diligent worker, but he just didn’t have the ability to connect with clients. That’s the polite version. In truth, he was socially awkward—a total slob who constantly had dried ketchup on his face and mumbled something awful. There were probably firms that would have cut him loose a long time ago for simply being a disheveled mess, but he was down to throw back the sauce whenever I wanted, and he liked watching UFC.  As far as I am concerned, those are qualities that matter.

One night, while we polished off some twelve-year-old Macallan, I asked him about his future. When you’ve been an associate for ten years and still haven’t made partner, I wondered if he’d yet said to himself, “Hey, maybe there is something else I can do with my shitty life.”

“I’m leaving the firm soon to start my own boutique shop.”

I was shocked.  I’m sure if my blood alcohol had been under .25, I would have told him I thought it was a terrible idea. Instead, I apparently agreed to quit and become his first associate.

When I woke up in the morning, the only thing I could remember was agreeing to take our waitress to Bonaroo or some other poser grunge festival that is everything I stand against. Apparently, Andrew had a clearer recollection. And he saw our drunken rambling as an ironclad agreement.

The following morning, we had the following IM exchange:

Andrew: Matt, have you figured out how you’re gonna give notice?

Me: Whatchu talking about, Willis?

Andrew: We need to do it at the same time. Leave as a team so they know we’re serious.

Me: I don’t know if that is such a good idea.  I’m not sure what I’m going to do yet.

Andrew: This place is a shithole!

Shithole. Really? I mean, I know we weren’t making F-U hedge fund/d-bag money, but making over $200K year after year for simply editing prospectuses and mostly sitting silently on conference calls isn’t too shabby. We have an endless supply of underlings that I love to hate on, who are completely necessary and—sometimes—nice to look at. Plus, there’s that little thing called an expense report.  When you go out on your own, you pay for everything, even if you don’t make a dime!

I pondered Andrew’s offer a bit, partly to humor him and partially because of the current climate. We are in a recession. I am a screw-up. Firms are looking to fire screw-ups. I probably should explore my options.

Me: It sounds like an okay idea. But what can we really offer clients?

Andrew: For starters, a lower rate. Second, we only take on clients we get along with personally. No assholes bossing us around at ungodly hours.

This guy was starting to sound compelling.

Me: But how do we find clients?

Andrew: Look, with my work experience and resume and your connections, there is no way we can fail.

Whoa, time out. My “connections?” WTF?

Andrew: Yeah, you’re best friends with [REDACTED.] That’s gonna be a huge score for us. Get us off the ground.

Note: When I’m drunk, I do a little embellishing about my “connections.” According to my imbibed ramblings with Andrew, I have a whole book of business through the father of one of my college buddies. In reality, that “buddy” is an “acquaintance” who loathes my existence. He even once toasted to my death. So something tells me if I asked him to ask his dad to move his hedge fund’s annual $10 million legal tab to my new boutique, he would politely tell me to suck it.

After a few days, I told Andrew that I just didn’t have the guts to do it, which was the truth.  He left BigLaw the next day, and that was three months ago.

We exchanged emails at the beginning. He picked up a couple of small deals and hired a hot piece of ass straight out of college to be his secretary.  I sometimes thought about how smart and lucky he was for getting out; how gutless and stupid I was for putting up with this place. And then, last week, I snapped.

It was after midnight, and I was on my third espresso. We were supposedly closing this deal in the morning, but we were still fighting with opposing counsel about some tax issue. To make matters worse, Partner on the deal kept calling me to check in and make sure the prospectus didn’t have any typos. It’s like he knew that I would sneak out of the office to pass out the second my phone stopped ringing. Also, I had forgotten my contact lens case and solution, which basically meant that I was bleeding from the eyeballs. I was doped up on Cyclobenzaprine (aka Flexeril, a muscle relaxer that doubles as an antidepressant) because my back was killing me, as usual. (Question: Does anyone who is at least a third-year NOT have back problems?) I was in agony as I reread the prospectus for the thirty-seventh time.

I decided to call Andrew about jumping ship. How could it be any worse than this, I reasoned?

The deal finally closed, and I sent Andrew an email and left him a VM that day. I assumed he was probably, yet improbably, reeling in a new client. I knew this was a bit optimistic since I had no idea how he was actually doing. But I was at the end of my rope, so I pinned my hopes on a dream scenario where he and I were this hotshot new firm—totally killing it.

I actually went so far as to type up a draft of my “goodbye” letter to the firm, thanking Partners for the misery, ulcer, growing addiction to painkillers, and thanking specific female co-workers for the pleasure of letting me know them.  But as I typed, my secretary said Andrew called and asked me to meet him in the first-floor lobby.

Perfect. Maybe I’d quit on the spot, and then Andrew and I could grab lunch to discuss my compensation package.

The man I saw when I walked off the elevator was hardly the confident solo lawyer I expected. Andrew looked more defeated than ever.

“It’s not happening…,” he stammered.

“What’s not happening?”

“Me hanging up my own shingle. I got one client from my mom, but he could barely afford to pay. Also, don’t underestimate having a dedicated doc services. Hot chicks can’t edit for shit. Besides, I am a slob who can’t speak to clients to save my own life.”

Apparently, he had found self-awareness.

“I was thinking about joining you.”

“Well, that’s why I’m here.  I was hoping to re-join you,” he trailed off.

Como?

“I tried to grovel my way back in here. But obviously there’s no place for a former associate who practically gave the finger when he voluntarily quit a few months ago.  They’ve already bumped up the start date of someone who has an offer to take my place.  I’ve been replaced by some chump who hasn’t even passed the bar yet.  Once again, Matthew Richardson comes out on top.”

All I wanted to do was run for the elevator, head immediately back to my office, deleted any sign of my goodbye manifesto and pore over the first legal document I could get my hands on.  I searched for the lobby surveillance cameras.  I couldn’t be seen with this loser.

“Listen, buddy, let’s grab some scotch sometime soon.  I’ll help you figure this out.”

“I wouldn’t mind jumping on your expense account.  You busy tonight?”

“Maybe.  I’ll call you.”

I darted back to the safety of BigLaw, where I vowed to limit risky behavior to loose women and to never try to be a solo artist’s wingman again.

Andrew said it best: “Once again, Matthew Richardson comes out on top.” And don’t you forget it.