EmplawyerNet: LawPath Newsletter

- EmplawyerNet: LawPath Newsletter

What Color Are Your Briefs?
Career Issues in the News
Career Counselor's Corner
Don't Do This
Practice Tips
Run with the Rodent
Trivia
Lighter Side of Law
Resource of the Month

By William Seaton

As if reality needed another show, along comes The Law Firm. In this one, real lawyers argue real cases (civil) before real judges (retired) as members of a non-real law firm. The lawyers are randomly assigned cases and the verdicts are legally binding. "Noted" attorney Roy Black heads the firm and dismisses his charges as he sees fit until a winner is left standing, this being the show's version of art imitating life (see: associates being fired on the way to partnership).

This isn't to note the sorry state of television today. Nor is it the priggish notion that lawyers are above the absurdity most reality shows represent. Ever since Shakespeare made lawyers fair game for the killing, people are happy to oblige, or so it appears in the recurring themes of lawyer jokes. And, from Perry Mason to LA Law to The People's Court, there is a long history of fascination with our adversary system of justice. Everybody loves a good fight, it seems.

What is dismaying is the image of law practice the show projects. Never mind that The Law Firm is populated only by attractive people or that the lawyers are by turns churlish, petty and aggressive. (We can suspend disbelief with the former and do not have to with the latter.) Never mind either that the show is only about winning since real practice has that element too, though I was equally disturbed and amused by Black's comment in an interview that the lawyers try harder to win on the show than they ever will in real practice.

The overly glamorized picture of practice in The Law Firm risks the wrongful cultivation of a new generation of legal aspirants. For all the banality of the reality show vehicle, this is still a warrior drama, divorced from the concept of justice rendered. (Just win, baby.) The lawyers treat the litigants on the show as pawns in a game ignorant of the special knowledge of the legal process, as if lawyers were a secret society deigning to straighten out the petty differences that only common people get into.

Law practice is by and large not glamorous nor is it often about "going to war," despite what Black and other noted litigators may lead one to believe. Law practice is about solving problems, mundane, vexing, sometimes complex and always important problems. It is detailed, demanding, frustrating and, when successful, satisfying work. It's neither gunslinger stuff nor "king of the hill" even though, like all businesses, it can be competitive. It is good, hard work, but it's not for everyone.

Why does this matter? To put it bluntly, we have more lawyers than we can employ. Of the nearly 50,000 that graduate from ABA accredited law schools each year, many struggle to find employment because there aren't enough job openings. Truth be told, the legal dream has been oversold. That's a blunt, painful fact for many aspiring lawyers. The Law Firm may be harmless fluff like so many reality shows but for those thinking ahead to a career it may, like a flame to a moth, be promising a pyrrhic destination. The law is a great career. Just don't look to The Law Firm for a preview.

Firms Turn to Nonlawyers to Service Clients
Recent years have seen a dramatic increase in the number of nonlawyer professionals working at large law firms. Most commonly, these professionals are responsible for marketing, information technology, accounting and human resources. Engineers are the latest group of professionals to find employment in law firms. For instance, Milwaukee's fourth largest law firm, Michael Best & Friedrich, has hired six engineering school graduates this year to work as patent agents. Since 2000, the firm's intellectual property department has hired 17 engineers to work with clients on patent issues. A partner with the firm told the Milwaukee Law Journal, "Having engineers on staff allows us to provide services to clients at a lower cost than if lawyers were billed for the time." It's good for the firms too. Law firms typically pay patent agents 40 percent less than they pay patent attorneys. Evidently liking the environment, some of the Michael Best engineers have enrolled in law school.

Law Firm Alumni Associations on the Rise
Used to be that when most lawyers left their law firms they were never heard from again. Some firms tried very hard to downplay the fact that any lawyers left at all. Now, law firms are making much more of an effort to stay in touch with those who leave to practice elsewhere. Among other reasons for the change is that firms are realizing that staying in touch is good for marketing. Many former law firm lawyers end up working in-house and are in position to refer business to their former firms. The same is true of attorneys who start their own firms and need co-counsel. Alumni programs are also helpful in a law firm's recruiting efforts. Some of the tools used to for law firm alumni are dedicated websites as well as alumni social events and continuing legal education programs.

Some Law Clerks Must Retire with O'Connor
What happens when you are talented and fortunate enough to earn a US Supreme Court clerkship and the justice you are assigned to retires from the Court? If you're lucky, you are the one clerk who is allowed to stay on with a retired justice. If not, you're looking for another gig. The two clerks who will not stay with Justice O'Connor could be reassigned to other justice's chambers or they may end up working with O'Connor's successor. Another alternative is that they will reapply to the Supreme Court's next term. Still another alternative is that they will be unemployed. When Justice Powell retired in 1987, two of his clerks were shown the door. Still, we don't need to worry too much about these lawyers who, although there for a shorter period of time than expected, are still able to put "Supreme Court Clerk" on their resumes. That, along with other credentials will make them hot commodities in the job market and likely lead to jobs paying more than the $150,000 annual salary paid to Supreme Court clerks.

Dear Career Counselor:

Q: I want to contact several local law firms about litigation positions. I don't know anyone at the firms and therefore need to send them an unsolicited resume and cover letter. Is it ok to contact them by email? If it is, what do I put in the subject line of the email?

-- Paula from Hawaii

A: Dear Paula,

In today's world, it is often appropriate to contact a law firm by email. Email has certain advantages for you and the potential employer: It's cheaper for you, and increases your chances that you will bypass secretaries and other gatekeepers, and get your message directly in front of the person who has the power to hire you. In law firms, this is often the partner in charge of the practice area in which you are most interested.

Email also has certain advantages for the firm. It can be read by someone who is traveling; and it is also much easier to forward an email, resume, and cover letter if the employer wants to show your materials to someone else. They don't have to make copies.

But emails can easily be deleted, even before they are read, so you need to do everything within reason to avoid this fate. There seems to be a supernatural force that causes lawyers to write "Resume and Cover letter" or "Employment Inquiry" in the subject line of an email.

Don't let this happen to you.

Instead, make the potential employer the focus of the subject line (and the resume and email message too). In other words, don't highlight that you are looking for a job; highlight something relevant about the employer. This is also a good chance to demonstrate that you have done some research about the firm and/or have specialized knowledge that is likely to be helpful to them.

At the risk that people who read this article will mindlessly copy the following examples, here are a couple of suggestions that are based on the unlikely assumption that you are interested in maritime litigation: (1) "Your Jones Act practice" and (2) Congratulations on Kim case (or some other litigation that you know or read about, perhaps on their website). I obviously don't know whether you have any interest in maritime law, but I do know that maritime lawyers are well versed in the Jones Act. That is why mentioning that Act in your subject line makes you seem like an insider and not a spammer.

And that is the key. When you are trying to get an interview with the employer, your primary challenge obstacle is to get noticed in a favorable way. That is the primary consideration that should govern whether to contact a potential employer by email, and what to insert in the subject line of the email.

Hope this helps. Good luck.

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's summertime and it may be the only time you can take a week or more away from the office. Because you work hard all year, you definitely deserve time off. That being said, don't leave your responsibilities behind when you leave the office. Before leaving town, make sure your clients are aware that you are not going to be immediately available. Also make the effort to line up backup attorneys who can handle your matters and, as painful as this may sound, check email and voicemail at least once in a while. Remember that you still have responsibility to your clients, even if you are completely responsible the other 51 weeks of the year. A little bit of effort while on vacation, even if it is to return an email saying you will handle the matter next week, helps you score some points and take good care of your clients.

The Other Side of the Table: Conducting a Job Interview

Law students and others new to the legal job market often feel stress and anxiety over the job interview process. Among the other benefits of landing a job is the sense of relief you are likely to feel when the interview process comes to an end. Few of us really enjoy the process.

Little do these lawyers know that there can sometimes be even more stress and more anxiety when you are called upon to conduct interviews of job candidates for your firm. This is not as easy as you might think of it and requires as much thought, preparation and, yes, tap dancing around tricky issues, as when you are seeking to get hired.

Here are a few tips for conducting a successful interview.

Show a little personality. Start the interview in a social way, maybe discussing something you have in common with the candidate. This will loosen up the candidate and set a positive tone for the interview. It also helps with attracting candidates because job decisions are often made as often based on the firm's perceived culture as much as its practice. Showing you can be social is better than showing you can be challenging, harsh and aggressive.
Avoid tired and overused interview questions. Examples of questions you should avoid are "Where do you see yourself in five years?" "What's your proudest achievement?" "If you were a tree, what kind of tree would you be?" These questions, except for the last one, can be asked in a different way if you really want to know the answer. If, however, your question sounds like a clich�, candidates are going to want to roll their eyes and wonder what kind of firm this is.
Make sure you have enough material. Thirty minutes can be a long time if the candidate is not talkative and it's uncomfortable for both parties if the conversation stops. Think sports, weather and current events if you find yourself in this situation.
Be honest. While candidates are often guilty of embellishing their credentials, be careful about doing the same for your firm. Don't overstate the positives such as the strength of a particular practice area or the firm's client base. And remember, candidates will ask other interviewing lawyers the same questions they ask you. The story should be consistent.
Engage in the interview. Even if you are in the middle of a filing or facing a deadline, don't let that interfere with the interview. This is an important moment in the candidate's career and he or she will notice if you seem distracted. This will also come across as being rude and will reflect poorly on your firm.
Know the ground rules. If your firm hasn't spent any time training you on how to conduct an interview, you should make the effort to know the rules. Some people, for example, are surprised to learn that it's inappropriate to ask a candidate about their marital status. Even if the candidate is not offended by the question, he or she may know that you have gone out of bounds and be unimpressed that a lawyer is asking these questions.
Remember what it was like. Although you're now in, remember what you were feeling when you went through the interview process. You should ask the questions you need to ask, even if hard questions. At the same time, however, keep the context in mind and remember what you liked and disliked in an interviewer.

It's summertime and summer associates are here! If you are a lawyer at The Firm, it's time to go into a new mode so as to impress your future colleagues - or at least not drive them away.

Under a 1989 Texas law, which of the following is NOT a felony?

(a) A lawyer impersonating an emergency assistance worker and soliciting clients at a hospital.
(b) A lawyer impersonating a public employee and soliciting clients at a disaster site.
(c) A lawyer impersonating a member of the clergy and soliciting clients at a funeral home or cemetery.
(d) A lawyer impersonating an airline pilot and soliciting clients while the plane is airborne.

(answer at end of newsletter)

Is being a lawyer sexier than being a veterinarian? Yes, but only slightly. At the same time, practicing law is not as sexy as being a doctor, nurse or reporter. This, according to a salary.com survey of 5,000 individuals. Ranked as the sexiest professions are firefighter and flight attendant. While those professions were ranked sexiest by 16 percent and 14 percent of survey participants respectively, only 4 percent said being a lawyer was the sexiest profession. That makes law number 10 on the list of sexiest jobs, also trailing CEO, interior designer, event planner and teacher.

Virtual Chase

Help with using the Internet for legal research.

Trivia answer: -- (d) Texas lawyers are free to impersonate pilots and solicit passengers.

LawPath Archives