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July 2005
By William Seaton The brass ring's a tricky thing. For lawyers it's an inexorable pursuit. You don't spend three years in law school, accumulating student loan debt, to gain a subsistence wage. The mark is set substantially higher than that. Whether it's primarily about money - and often it is not - the drive to get ahead is built into the process. Lawyers are competitive. They are motivated and they are goal oriented. Put a brass ring in front of them and the game is on. According to some, all of this comes at a price. Achievements always do but the measure of the investment is in the valuation of the return. It's not only what we give up to get to where we're going, but how we regard the Promised Land once we get there. And the trick with the Promised Land is that the travel brochures can't describe what you'll find on your arrival. Kermit Roosevelt, a professor of law at the University of Pennsylvania, has written a novel about the life of big-firm associates entitled, "In the Shadow of the Law." Alan Dershowitz, writing in the New York Times Book Review, called it an exploration of "the cynicism, careerism and opportunism of the zero-sum pyramid scheme known as ‘making partner.'" It's a story of what high-achievers give up to reach the perceived top of their profession. As one associate in the book describes it, "You give up half your life to get good grades so you can get that top-firm job, then as a reward you get to give up the other half." This is an old observation but, for that, it is no less true. We've known for some time that the mind-boggling salaries of big-firm associates come at the expense of horrendous hours and the lottery-thin prospect of making it to partnership. We've heard that the prestige is paid for with one's personal and family life and, often, with one's health. For some it's a cautionary tale; for others it's "crying all the way to the bank." Like most observations, it's a matter of perspective. I can think of many career pursuits where achievement, monetary or otherwise, is paid for dearly. Professional athletes literally torture themselves to reach the top of their game. Doctors spend far more years than lawyers in even getting the right to practice. Artists labor in obscurity and penury for years for the slight chance to be recognized. Is any of this sacrifice worth it? The answer, of course, can really only be: yes and no. I know many big-firm associates who were chewed up by the supposed Faustian bargain of "biglaw." I know many who weren't. The difference is in perspective and in the array of values each person brings to his or her career. For some the life of a big-firm associate is unthinkable. They should not become one. For others, fully aware of the requirements, it fulfills a goal or is a necessary step along the way. They made the right decision. Robert Browning wrote: "A man's reach should exceed his grasp." He was talking about heaven, of course, but in the pursuit of any bliss - terrestrial or otherwise - there are elements of the distant goal that keep one striving, even in the face of hardship. For some it's money, or power, or perfection of the task. It doesn't matter; it's the matching of the personal goal to the professional path that counts. Only then is the brass ring worth reaching for.
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Dear Career Counselor:
Q: Last week I responded to ad in the local legal newspaper that was placed by a small three-attorney insurance defense firm. I was called in for an interview the next day, and was given an offer at the end of the interview. I have been looking for a law firm position for five months, so I was initially thrilled and relieved. But some friends suggested this firm is moving too fast. They have asked me to make a decision in the next 48 hours, and would want me to start immediately. My friends also say that the salary seems too low. I really need a job, but I am beginning to wonder whether something is wrong with this firm. Any ideas what I can do given that I have so little time?
A: Dear Jeff, Your questions raises an important and under appreciated aspect of the job search process. Your bargaining power is strongest after you get an offer and before you decide to accept it. This is the time to ask the firm some penetrating questions and to demonstrate some of the skills and traits the firm would want you to use on behalf of their clients. Based on what you wrote, the way this firm has handled the hiring process raises red flags that you need to address. This is not to say that you should turn down this offer. That is ultimately your decision and yours alone. But your friends are right to suggest that serious, fundamental problems might be involved when an employer is too anxious to hire someone. It's a little like going to a restaurant on a Saturday night or other time when the restaurant should be busy. If the restaurant owner does somersaults and handstands when you walk through the front door, this might be a bad sign. Good customer service is one thing, but your arrival shouldn't be treated as rare event, like the return of Haley's Comet. Fortunately, there are few things you can do and questions you can ask that might quickly shed light on the law firm and its offer. The following is a non-exclusive list of questions and topics you might want to address before you decide how to proceed. 1. Follow the money. When dealing with a firm that predominantly charges by the hour, it is extremely helpful to know their approximate billable rates. This information not only allows you to compare your salary to the amount of revenue you generate on an annual basis, it also gives you a quick and dirty sense of the financial standing of the firm. Is your annual salary approximately one-third of the annual revenues you would be expected to generate? If it isn't, that might be a sign your salary is too low. This is obviously just a benchmark, but it is not crazy to assume that a defense-oriented firm that charges by the hour will pay its associates a third, pay another third towards benefits and overhead, and will keep a third as profit. 2. Follow the people. The single biggest red flag suggested by the firm's behavior relates to people. Specifically, why are they in such a rush? What happened to the last person, if any, who held that job? There might be perfectly good reasons that shouldn't alarm you. For example, are they super busy because they were just retained to handle a new large case? One way to track this down is to search the local legal newspaper for information about the firm. In addition, run the firm's name and the name of every individual lawyer through Google. Sometimes this search reveals news items that might help you. For example, a client of mine ran this search and uncovered more than a dozen lawyers who had been affiliated with a small firm in the prior three years. Some of the firm's attorneys spoke at seminars or were listed in press releases the firm had previously issued. I obviously don't know what you will uncover, but if you uncover something similar, consider calling one of these departed individuals, especially if they were not a partner. Alternatively, you might contact the person who offered you the position with the firm, and ask him or her to address your concerns. One of the more common reasons firms have revolving doors and need associates quickly is that they have a fundamental problem they don't address. The problem might be a misbehaving partner, or substandard work conditions, to name a few. This kind of information can be hard to find out especially if you are limited by time. But there are at least two kinds of searches you can do quickly. First, contact the state bar, and find out whether the firm or its attorneys have disciplinary issues. In many states this information is available online to members of the public. Second, find out if the firm or its lawyers have been sanctioned. If you have access to Westlaw or some legal research tool, the following search might uncover this: (AT(insert name of firm and/or individual attorney) & rule 11 sanction! discipline On more than one occasion, I have seen this candidates uncover important information using this or a similar search. 3. Follow your instincts. Jeff, you have to deal with the consequences of your decision. You met with them and saw their offices. I didn't. You are in the best position to figure out whether you trust or like them. Ultimately, it might be entirely justifiable to accept their offer even if your due diligence confirms some of your worst suspicions. Too often, lawyers don't take advantage of the bargaining power they have. I know many candidates fear that their offers will be withdrawn if they ask some of the difficult questions I've identified above. And only you can judge how these questions might be received. But lawyers often have more latitude than other job seekers to ask hard questions. After all, the firm wouldn't want you to cave in to an aggressive opposing counsel. So please strongly consider demonstrating that you possess the skills of a good attorney. For example, if you need more time, consider asking for an additional day or two to get back to them, (especially if this wouldn't delay your start date). Moreover, how the firm responds to your questions might tell you all you need to know about whether you should accept their offer. Career Counselor's Corner questions are answered by Gideon Grunfeld, President of Successful Career Strategies, Inc. (www.scslawcareers.com), which specializes in helping lawyers take control of their careers in and outside the practice of law. You can submit questions to Mr. Grunfeld at gideon@scslawcareers.com
It might be too obvious to tell lawyers not to miss deadlines on their projects. Still, some need to be told. Just as important is the need to communicate with clients if you anticipate missing a deadline. While being late with a project might not be an option is we are talking about a court or other filing deadline. Other deadlines, however, are made by the client and lawyer. Many such deadlines are not taken as seriously because we know that missing them will not necessarily lead to a lost case or a blown deal. Regardless of the consequences, it is critical to communicate with the client before the deadline comes and goes. Silence is not music to your client's ears. Neither is being told that a project will be late -- but it is much better than not saying anything and then producing late. Communication with your client in this case, like many other cases, is the key.
Timesheets: Our Measurement as Attorneys In addition to judgment, counsel and a few other things, time is what lawyers sell. Because time is what clients pay for, it is very important that lawyers handle their timesheets very carefully and, while doing so, show respect for those who will end up paying for the items you jot down. Most law firms spend little time training lawyers on how to properly complete a timesheet. Because of this, different attorneys at the same firm will often have very different approaches to tracking their time and completing their timesheets. Some lawyers, for example, are quite detailed as to each task they perform and record on their timesheets. Other lawyers will take a much more general approach and provide only short descriptions of work completed. If your firm has guidelines on keeping and submitting your time, it is a good idea to follow them as closely as possible. The same is true if your client has specifically requested that bills be submitted in a particular format. Either way, it is best to err on the side of detail when submitting a bill. The more information the client gets in connection with submitted bills, the more likely the client is going to understand what is being paid for and more likely to accept your submission. Also remember two things. First, clients often forget what they ask you to do for them. A short and nondescript entry on your timesheet might seem obvious in the context of a phone call that took place that same day. Six weeks later, however, that context will no longer exist and the client may have no recollection of a specific assignment when reviewing the bill. The other thing to remember is that you are being hired because you have expertise that your client does not. While certain things done in connection with a project may seem obvious to you, a client may not understand that. Use your timesheet entries to explain each step taken along the way. As to accuracy of the time you spend on projects, different lawyers have different methods to accomplish this. Find out what works best for you. This might be a software program that helps track your time. Or, you might simply write down the time you begin a project and look at your watch when you move on from that project (minus time spent on other things). Another helpful tool is your Word or WordPerfect software that will tell you when you created or accessed a document and your telephone that records the length of a conversation. Needless to say, it is important to be accurate with your time so your bills will be accurate. One situation where you need to be especially careful is when you attend meetings with one or more other lawyers with your firm. Lawyers in attendance will want to make sure they bill the same amount of time for the same meeting. It is obviously bad form if three different lawyers have three different times for the same meeting or phone call. Hopefully, the person submitting the bills to the client will catch any discrepancies. Lastly, treat all time entries as if they are going to be carefully scrutinized. Timesheets are much more often inaccurate due to sloppiness than to dishonesty. Be diligent in writing down your time, after each task - not the end of each day, each week or each month. You will likely find that being diligent works in your favor in assuring you do not forget any time that should be billed to a client.
If you're a lawyer at The Firm, you should be sensitive to the state of your employer. Firms come and go and you need to be prepared for the possible worst-case-scenario.
How many of the US Presidents have been lawyers? (answer at end of newsletter)
Justice Hugo Black was attending the funeral of a politician he strongly disliked. He would not have attended the funeral had it not been expected of him. Another judge, arriving late, sat next to Black at the funeral and asked, "How far has the service got?" Black responded, "They've just opened for the defense."
National Association of Legal Assistants The National Association of Legal Assistants site provides continuing education and professional certification programs for paralegals. It also has helpful information on certification and ethical issues facing legal assistants. Trivia answer: -- 25
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