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December 2004
By William Seaton A recent National Law Journal survey cited the total head count at the nation's 250 largest firms as having risen just 1.5 percent over the past year, the slowest rate since 1994. More notably, the total number of associates dropped 3.5 percent, supposedly only the third time in 27 years that associate staffing dropped in back-to-back years. At the same time, profits and revenues at these firms rose by about 10 percent. Add to this the facts that non-equity partners grew by 9.2 percent and "other attorneys" (largely of counsel) grew 21 percent, and you sense that something is afoot. The other foot drops when you note that use of temporary attorneys jumped by an amazing 55 percent. If this is a sea change, it dates back to the late 1970s when a young reporter for Esquire magazine found himself in a bar with a prominent partner at a major westside Los Angeles law firm. The partner bragged of his firm's ability to take clients away from a competitor firm. At that point in time, this was big news and it smacked of heresy. The profession still had its white gloves on and firms didn't call themselves competitors. The reporter published the remarks, the partner was fired and the impugned firm received an apology. The reporter went on to found the American Lawyer and maintain that his magazine ushered in the new way of conducting legal business in America. Whether that is true, or whether it merely reported trends already underway, doesn't matter. The change was real enough. Today, firms routinely compete for clients and are no longer in the closet about it. That law firms have held on to the partner/associate structure is testament to the power of tradition, even in the face of contravening upheavals in law firm economics, but now that too is under siege. There are fewer associates, more non-equity partners, more of counsel and a huge rise in the use of temporary attorneys, while at the same time firm profits are on the rise. Is this just all another way to say "outsourcing" with the outsourcers being the firm's stakeholders? Associate turnover is at 25 percent for many major firms so, in a sense, most associates are already temporary workers. Can litigation support teams in India be just around the corner? Predicting trends, as opposed to observing one's already underway, can be a tricky business but this much is settled at today's large law firms: good lawyering skills is still a prerequisite to becoming a partner, but it's not sufficient in and of itself in the way it was back in the 1970s. If you want to share in the firm's equity, you must develop business generation skills and the ability to manage client relations so as to contribute positively to the firm's divisible pie. These are not skills learned through any law school curriculum, but whether they are acquired though natural ability, a fortunate mentoring relationship or just hard work and determination, they are required to avoid becoming a nomad in the competitive desert of today's legal marketplace.
Florida Firms Look South for Business
Midwest Job Market Report
New Italian Law School Course Takes on the Mafia
Q: Dear Career Counselor:
I graduated from law school in 1978 and have been practicing ever since, primarily in the area of insurance defense. I recently located to the Philadelphia area, and am looking for a position with an insurance defense firm. I am concerned that I may be perceived as too old or overqualified. How can I avoid creating this impression on my resume?
Do I have to list every law job I have had on my resume? I ask because I spent three months at a firm that I would rather just forget and not mention to future employers. I graduated from law school in 2002, and have other law firm experience that I do want to highlight on my resume. Can I simply omit the "dud" firm from resume? A: Dear Al and Carol, You are at different points in your career, but are posing essentially the same question: How do I account for time on my resume? The short answer to your questions is that it may be appropriate and advantageous to omit certain items from your resume. To see why, let's start with some resume basics. The resume has two primary purposes: (1) to help you set up a face-to-face meeting with a perspective employer; and (2) to help set the agenda for that meeting. Thus, the resume should be a forward-looking document that explains to the reader what you can do for them. In light of its forward-looking nature, and the fact that it's a marketing piece for you, the resume does not have to include every job you have ever had, or every duty you have had on that job. To be sure, there are countervailing concerns. Employers are concerned about gaps in work histories because such gaps may signal work performance problems or a pattern of job hopping. Carol, based on the information you have provided, it appears that it might be appropriate to omit from your resume reference to the firm in which you stayed for only three months. One possible way to do this is to list the years (but not the months) where you worked at various employers. Al, your situation is a bit more complicated, but there are a few ways you can combat your concern about age discrimination and being perceived as overqualified. One is to omit listing the years in which you graduated from law school and college. Depending on your job history, and the extent to which it raises the job hopping concern, it might be advisable to list only the experience you have had in the last ten to fifteen years. Likewise, you may indicate (in a cover letter or Summary of Qualifications) that you have had more than ten or fifteen years of experience, rather than mentioning that you actually had twenty five years of experience. Regardless of how you list your experience on your resume, both of you need to be prepared to discuss the experiences you omitted from the resume if you are asked to address those experiences at an interview, or if you are asked to fill out an application, and are required to list all your prior employers, or your graduation dates. 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
One Christmas at a large California law firm, a couple of associates had an idea for a practical holiday joke. They wrote up a bogus memo explaining the firm's "Secret Santa tradition." The memo was sent to first-year associates and it instructed them to purchase an "under ten dollars" gift for a designated partner. Most of the first-year lawyers fell for the gag -- hook, line and sinker. They agonized over what to buy and then sheepishly made their way into various partners' offices offering cheap gifts to perplexed partners. Remember that this section of LawPath is entitled "Don't Do This." While the practical joke produced a lot of entertainment, not everyone had a seasonal sense of humor. The associates were reprimanded and the Secret Santa stunt turned into a bad memory for a few lawyers.
The Freedom of Flying Solo: Too Much Freedom? Many lawyers dream of leaving the confines of their law firms and setting up their own shops. One reason for wanting to this is that we often feel professionally and personally restrained in the law firm environment. Let's face it; most attorneys don't like being told what to do, and when to do it. Many of us therefore come to feel we need to be our own boss. One attractive aspect of one's own practice is the idea of setting your own hours, making your own decisions and doing things your own way. While it is true that flying solo does provide more freedom, some will point out that this includes the freedom to starve. In other words, you'll come to miss that law firm paycheck that hit your bank account like clockwork twice a month. This, however, is known to most before they take the plunge. What is not as well known are some of the other aspects of solo practice that may curtail your freedom. Having your own firm comes with its own set of handcuffs. Imagine, for example, being a solo practitioner, hustling to keep your clients happy, being attentive to their needs. Then imagine having two clients who simultaneously need your services on a rush project. You no longer have associates nearby to help you out in a pinch. Also think about vacations. While on a daily basis, you have the freedom to come and go as you please, it will be very hard to take an entire week away from the office if you are a sole practitioner. You are stuck to your business, just like owners of any other type of business. Most lawyers who practice on their own have at least one horror story about having to leave vacations early or cancel them altogether. There are a few good ways to deal with these issues. Technology can help. Thanks to the Internet, it is now possible to go almost anywhere and have access to your documents and legal research tools. Other lawyers can also help. While you might be the only lawyer at your firm, you can develop a network of contract lawyers and others who can handle some items for you when you get overloaded or are otherwise unavailable. Perhaps a better solution is to partner up with at least one other lawyer. Even if you are not working side-by-side on every matter, you will have someone who can perform tasks while you are busy with another client or out of town. You can also introduce your partner to your clients so they feel comfortable working with him or her when you are unavailable.
Which of the following actually exist?
(a) The lawyer bird (answer at end of newsletter)
Justice Anthony Kennedy was leaving the US Supreme Court one day on foot. A couple of tourists stopped Justice Kennedy on the steps of the Supreme Court and asked him to take their photograph. He obliged.
Legal500 (www.legal500.com) Trivia answer: -- There is both a lawyer bird and a lawyer fish.
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