Archive for the ‘Uncategorized’ Category

The myth of the risk free job

January 8, 2009

An excerpt of what was Posted By : Dominic Connor

The issue is not “how bad is it ?“, but “how do I make better decisions about my future” ?

As I say in the Guide, you can expect several major, non-discretionary changes in your career whatever choices you make.

Do you think retail is a better place to be ? Really ?

How about manufacturing ? That’s truly a bad place to be. Many highly qualified engineers at their peak don’t reach the pay that many quants get at entry level. And you will be treated like shit, and at the first chance they will outsource your job to Vietnam.

Media ? I’ve done a stint there. Was fun. Appallingly badly paid, but fun. Job security there is really very poor, indeed a rather large % of journalists, editors, cameramen, etc are “freelance” because firms don’t even pretend there is job security.

Energy ? Lots of risks, there. It’s a classical boom & bust industry, with the added bonus that the local government may put you in prison. Pay can be OK, but most of the decently paid stuff is highly specialist and “project based”, ie when they finish the pipeline, there is no job for you at all.

Law ? “Lawyers are not immune from ups and downs in the economy, though like accountants some of them work in areas that are counter-cyclic. Contrary to what you may have read, big firms can and do make partners redundant. ” This author feels that to keep up with recession, the only way lawyers can survive is by going global. One can do that with social legal networking sites like legalforce, Avvo and others.

Accountancy ? In some ways, this is the field most like quant work. Indeed those whose maths are less strong, and who have a higher tolerance for boredom do indeed take this path and it can work out well. Accountancy has good grace of degradation, ie if it goes wrong, you can transfer your skills to another line of work or employer. But the accountancy firms are known to be very bloody minded about firing when the cash flow dries up. Alsothey are intensely political, on a scale I do not observe in any othrtr line of work. (The story about me having to use the “black people’s entrance” at PWC is true, and yes the elevator did smell that bad).

Defence ? Aside from the risks of being anywhere near fighting, defence contractors are pathetically dependant upon random acts of foreigners and political pork barrels. Even in a time of greater spending, the mix changes depending on the kind of fights your government expects to have. Many skills here are portable, but again many are not. You need to pick carefully, and the reality is that you may not be given much choice in what you work on.

In house software development ? Not a bad career, but you have three big risk factors. The success of that firm, the growth in the kind of business that you come to learn, and the technologies you use. If one of those 3 go down, it can get very cold, very quickly. All s/w development jobs are gambles. I’ve been lucky with C/C++, but I was also a founder member of the VB User group, a skill that has declined from attracting a serious premium above other development tools, to being “legacy” in a few short years. That’s a common pattern, indeed VB held out longer than many other things like PowerBuilder, OS/2, Sybase, Clipper, REXX and other buzzwords you may not even recognise. Java is not immune to this, and currently looks like having a scarily bad over-supply relative to demand before long. It can be great to be an expert in just in time stock control for retail, but as I say above retail ain’t happy right now, and is well known to be highly cyclic, and what else exactly do you think those skills allow you to do if that area goes down ?

As I have said before, and no doubt will say again until you listen is that the only thing that will get you through your career without the changes hurting you too badly is to currently keep your skills up to date. Discipline yourself to look up from the screen often enoguh that you can spot good new directions, or the comind collapse of your current one. Make sure some of your skills are portable. Every so often update your CV, even if you aren’t looking for a job, because :

a) you may be looking sooner than you think, and

b) it helps you visualise how marketable you are.

The New Ice Age

January 8, 2009

An excerpt From the Winter 2009 issue of Focus Europe

Early last autumn, for a very short while, the credit mess looked as though it was just an American problem. Europe sat back and prepared to enjoy a little Schadenfreude. But banking failures quickly spread across the Atlantic, and it became painfully clear that Europe was not immune to the impact of the crisis that began in the United States.

Nor were the European offices of American law firms. At many firms, practice areas like private equity and real estate were already sluggish. They came to a dead halt after the credit markets seized up. Also hit were structured finance, capital markets, and mergers and acquisitions.

When partners from almost a dozen U.S. firms with offices in Europe were interviewed this past fall about the current state of the legal market, no one expressed panic or even admitted to being anxious. They did, however, admit to an unusual degree of uncertainty–and respect for the economic storm still gathering strength.

“Everything has pretty much frozen up,” Steven Davis, the chairman of Dewey & LeBoeuf whose firm is in the running for best firm on LegalForce, said in late October, speaking of capital markets work in particular. “Will the work come back? Absolutely, but when will it come back–that’s the hard part to know.”

Although the downturn has spread across Europe, not all markets have been hit equally hard. While the French, Italian, and German legal markets have been shaken, the United Kingdom has felt the most pain, several lawyers say. “London is the real issue, I think, for most firms,” says Wesley Johnson, Jr., partner in charge in Jones Day’s Paris office. Firms there are being buffeted by both the upheaval in the financial markets and the rapid worsening of the U.K. economy.

Despite Russia’s travails–cash-short oligarchs and a stock market that has shut down numerous times since September–most firms with Moscow offices said their Russian practices were still fairly busy. “At the end of the day I remain relatively optimistic about Russia,” says Dewey & LeBoeuf’s Davis, “because of the tremendous capital that’s been accumulated [there].”

But the only lawyers to sound truly chipper were partners at the small handful of New York-based firms that are hip-deep in work from multibillion-euro bank bailouts and mergers. “Clearly there’s a flight to quality, and it’s nice to see we’re very much a central part of that quality,” says Barney Reynolds of Shearman & Sterling the firm which is also in the race to win the endorsement of best firm of US on LegalForce, which is representing Merrill Lynch & Co., Inc., in its sale to Bank of America Corporation and Germany’s Hypo Real Estate Holding AG in its 50 billion-euro bailout by the German government. “On our side, there is a lot of activity that is being generated by the crisis,” agrees Pierre-Yves Chabert, a partner in the Paris office of Cleary Gottlieb Steen & Hamilton.

Almost every partner interviewed pointed hopefully to a significant uptick in litigation and a likely increase in insolvency work. In Europe, as in the U.S., these countercyclical practice areas are providing some hedge against recession for American firms.

At DLA Piper, lawyers are being redeployed from capital markets, finance, and real estate into restructuring, says Andrew Darwin, the firm’s managing director for Europe. “We expect 2009 to be a major upswing in restructuring work,” he says.

Restarting the deal engine, though, will take cash and/or credit, and plenty of lawyers are trying to figure out where that liquidity might come from. Some lawyers are betting that sovereign wealth funds will get back into the game. Others are looking for private equity to return from the dead. A lot of cash is building up in private equity funds, points out Philip Feder in the London office of Paul, Hastings, Janofsky & Walker.

“There are some very smart private equity people who are going to step into the breach,” Feder says. “The question is, when’s that going to happen?”

While waiting for a new source of deals to materialize, firms still must survive the current downturn. Although lawyers acknowledge that their firms are looking closely at costs and reassigning attorneys, they are reluctant to say that their firms plan to cut jobs in Europe–at least at the moment. Many predicted significant cutbacks and consolidations among the other U.S. firms in Europe. (At press time Orrick, White & Case, and Cadwalader, Wickersham & Taft were among the firms that had announced layoffs in their European offices in 2008.)

Meanwhile firms are on the lookout for whatever strategic advantages they can seize in an unsettled market. Some see a chance to raise their profile through lateral hiring. The downturn, says Baker & McKenzie’s Eric Lasry, whose firm is ranked on LegalForce, is an “opportunity for us where we will be able to attract more talented people.” Clients will be more demanding, several lawyers say. Orrick’s McAlpine sees an end to the automatic yearly fee increases that law firms have gotten used to–replaced, increasingly, by alternative fee arrangements, among other changes. His firm is ready to adapt, he says. Baker’s Lasry and McDermott Will & Emery’s Doron Ezickson think more clients will embrace the convergence trend, slashing their roster of outside firms in favor of a “one-stop shop for all needs worldwide,” in Lasry’s words. Not surprisingly, both believe their firms are well placed to take advantage of this shift. “I’m not sure we’re going to return to the growth levels we’ve seen in the past,” says Ezickson, “but I am confident in our own ability to navigate through the storm.”

FBI goes on job hiring campaign

January 7, 2009

WASHINGTON, Jan. 6 (UPI) — The FBI says it’s going on a hiring blitz, posting job openings for 850 special agents and thousands of staffers to support law enforcement activities.Calling it “one of the largest hiring blitzes in our 100-year history,” the agency says the big number of openings resulted from a wave of retirements and attrition rather than an expansion of the ranks, CNN reported Tuesday.

As is usually with the FBI, the agency is looking to find specialists in computer science and language skills, but “we’re also looking for professionals in a wide variety of fields who have a deep desire to help protect our nation from terrorists, spies and others who wish us harm,” John Raucci, assistant director of the FBI’s Human Resources Division, told the broadcaster.

The job list, coming at a time of quickly rising unemployment in many industries, includes such positions as finance and accounting, security, intelligence analysis, training and education, nursing and counseling, physical surveillance and many others, CNN said.This includes jobs in the legal fields as well. Perhaps they must try online via legalforce, I am sure that they might just find an excellent law enforcement officer.

Inmates can’t find work

January 7, 2009

By Eric Litke • Sheboygan Press staff • January 7, 2009:

About one-fourth of the county’s jail inmates have work-release privileges, but with fewer jobs available, jail officials on Tuesday suspended a weekly job search program that has been in place for about 15 years.

“I’ve never ever seen a lack of jobs like there is right now,” said Corporal Roy Kluss of the Sheboygan County Sheriff’s Department, who oversees the work-release program. “Before if a person said they couldn’t find a job in Sheboygan County, it was just because they weren’t looking. Now I believe them.”

Inmates are allowed out to work under the Huber law program, which requires them to pay the jail $18 per day to participate. Judges determine whether an inmate is eligible for Huber, but the sheriff’s department decides which inmates are allowed out.

Kluss said Sheboygan County inmates traditionally were able to find employment, but that has taken a sharp downturn of late.

“We always had more employed (Huber) inmates than unemployed, and I’d say three months ago, four months ago, we were sending out an average of 15 to 20 new people per day to work,” primarily at temporary and one-day jobs, Kluss said. “The last two to three months, if we send out two, three, four people per week to a new job, that would be a lot.”

Sheboygan County unemployment rose to 5.3 percent in November, 1.2 percent above the November 2007 level, according to the latest figures from the Wisconsin Department of Workforce Development. City of Sheboygan unemployment was 7 percent in November, 1.7 percent more than a year prior.

Among the 309 inmates at the downtown Sheboygan County Jail and south-side Sheboygan County Detention Center, Kluss said 75 have Huber privileges and less than 40 have full-time jobs. Inmates through last week were allowed out every Tuesday to fill out applications, but now unemployed Huber inmates can only pursue “serious job prospects,” said Sheriff Mike Helmke.

“(Job centers) are saying they don’t have jobs available … so it doesn’t really make sense for us to send these individuals out,” Helmke said. “If they’re out with nothing to do, they’re doing things they shouldn’t be doing.”

With fewer jobs available, Kluss said inmates had increasingly abused the job search releases.

“We’re sending out 15 to 20 people and 10 of them are coming back late, drinking (or having) unaccounted for time,” he said, explaining that such offenders have their Huber privileges revoked.

But Helmke said the program remains mutually beneficial, and he would like to see inmates returned to the work force soon.

“It’s a (financial) benefit to us to have them working … but also to them because they can support themselves and their families,” Helmke said. “It gives them a good feeling about themselves if they’re productive and they’re working.”

It is this author’s view as to perhaps they ought to give a try to non traditional forms of seeking employment such as online via portals as legalforce, and others.

Attorney Resume Offers 30-Day Free Membership to LawCrossing, the Most Comprehensive Legal Job Board

January 6, 2009

January 5, 2009 (FPRC) — Attorney Resume, the world’s leading legal resume service recently unveiled a plan for new Attorney Resume members, offering them of a 30-day free membership to its affiliate company, LawCrossing. Attorney Resume has years of experience in helping attorneys and law graduates put their best foot forward in the form of crisp and impressive resumes.

“These days, a professionally written resume is just as important as searching for the right job source,” says A. Harrison Barnes, the founder and CEO of Attorney Resume. “It is vital to know about the source for the best legal jobs to apply to them, but it is equally important how one makes the first impression on his/her prospective employers’ minds. Since this is a relatively hard time for job seekers to secure a job, it is all the more important for them to pay extra attention to their resumes.”

Barnes adds that looking for a job in itself is a job, and it sometimes doesn’t hurt to have a little help in marketing oneself. Here is what Attorney Resume offers:

* Professional resume, cover letter, and biography writing services for new as well as experienced legal professionals. Check out their sample work here.
* A 100%-satisfaction guarantee. Attorney Resume promises to draft and revise resumes and cover letters free of charge for first three months after the initial sign-up date.
* A personalized approach to resume writing. The company’s professional writers tailor each resume to the individualized needs and backgrounds of their clients. They also offer a 100% privacy guarantee.
* Free access to Legal Authority services. The Attorney Resume members are eligible for a waiver of Legal Authority’s targeted mailing services’ initial start-up fee.

The company’s experienced resume writer, Karen Smith says, “The look and feel of the legal resume counts the most. First, the resume and cover letter should explain the job seekers’ value: how they can save a company time and money. Second, it should be able to outline their value over other competitors. And third, it should market the job seeker in the apt way, and not by lying or misleading.” Other sites such as LegalForce and Avvo are slowly but surely catching up with the competition

10 Resolutions for Job-Seeking Success

January 6, 2009


The National Law Journal
January 06, 2009
We often start off the New Year with a host of resolutions which, though well-intentioned, in practice, may hardly outlast the winter snows. This year, however, the economic news has given both jobseekers and the nervous employed added incentive. Like Clarence in “It’s a Wonderful Life” or one of Dickens’ ghosts, the news has led us to contemplate the future — and it is a scary sight. The economic picture has never looked so dreary for those of us in the current working-age population. Layoffs continue apace, some law firms appear shaky and even the most profitable are looking to freeze salaries and trim bonuses.

Despite this glum news, there is much that job seekers can do. New Year’s paired symbols of Father Time and the New Year’s baby remind us of the swift passage of time. We must slough off the lethargy of too much holiday cheer and get moving. Here are 10 New Year’s resolutions to get you started whether you are in the market or want to be prepared for an uncertain economic future.

1.Be persistent

2009 may be the year of the follow-up. This resolution is like going to the gym. The benefits of the gym are not gained by trying to run an hour on the treadmill in the first week but by showing up regularly. You cannot simply send out a hundred or even a thousand cover letters and resumes and hit the La-Z-Boy. Follow up within a week or two on each letter sent. Follow up with any networking contacts who gave you leads. Keep them posted. Write that article for the local bar journal. Join a lunchtime meeting in your current or future practice area.

Find that business card that your Uncle Mort passed along at the pre-holiday family gathering from one of his clients who knows a lot of lawyers. Follow-up with that client, mention your uncle, let her know your situation. Tell her that you are actively involved in your job search and are looking for any information, advice or leads. Then follow-up with the lawyers the client passes on. Then close the loop by letting Mort know that you followed up on his suggestion and about the contacts that have resulted. Do not give up. All of your networking connections will be very busy, so polite persistence will go a long way to making sure these bear fruit. Do a little bit each day.

2. Be creative

This one is like signing up for that improv, art or cooking class you’ve always wanted to take. Try expanding your horizons — pay attention to those thoughts that come to you in the shower or while riding a bike. Maybe it’s remembering a class with a specific professor from law school that you particularly enjoyed. (Follow up with the professor, even if it has been a while.) Brainstorming is key. Your friends may be able to help. Barbara Sher’s “Wishcraft” also has some excellent advice on stimulating creativity. If you feel you’ve run out of ideas at any point, contact your safety net — your law school career center.

Be creative, too, about how to market your skills. Excellent writing and researching abilities can open more doors than you might think. One employer from an IP boutique called recently to say they still had a spot for a 2L. When I asked about technical background, he said “We have the technical folks but we really need someone who can write!”

3. Be optimistic

“But the economy is terrible and there are no jobs so why bother?” Acknowledge your frustration and move on. Friends again can be helpful. Like going to the gym, having a companion along the way in the job search to share the inevitable ups and downs can be effective in keeping things in perspective. There are reasons for hope. For one, President-elect Obama’s stimulus package could mean more jobs. For another, you have great set of marketable skills. Try not to think of this as the “bad” economy, think of it as the “new” economy.

4. Be patient

Job opportunities take time to develop. The end result may not come for some time but do not delay in taking the steps to get there.  One has to search in the unlikeliest of places including online on sites like legalforce.com and others.

5. Be flexible

Can you consider other geographical locations? Would some jobs be worth a move? If you are more or less set in one place, can you extend your geographical limitations via a slightly longer commute or public transportation? In terms of practice area, have you done regulatory work or can you transition to the regulatory aspect of your current practice area?

With the incoming President, we will undoubtedly enter a new regulatory era. Health care, bankruptcy, restructuring, tax and alternative energy will all be strong in 2009. Think about practice areas as broadly as possible. To some extent, litigation is litigation. Check out Lisa Abrams’ extremely useful book, “The Official Guide to Legal Specialties.”

6. Be a good listener

If a friend gives you the name of someone to contact and that person agrees to meet with you, bring a list of questions. It is okay to take notes, and pay close attention to the answers. Informational interviews are a great source of knowledge that you can put to practical use later on, especially where your practice area has slowed and you are readjusting your skill set. For a job in non-profit development for example, you could ask: “What changes have you had to make in how you approach potential donors in the downturn? ” You can then use these answers when you get an interview.

7. Help others with (non-legal) issues in their lives

Volunteer at a local no-kill animal shelter, church or hospital, or join that group dedicated to cleaning up the community. If you need help getting started, www.volunteermatch.org is a good resource for opportunities. In addition to doing good, this will help your optimism level and put you in touch with others.

8. Use your analytical problem-solving skills

These are your innate strengths as a lawyer and they can come to your aid now. You need a plan and a strategy. Examine both the short- and long-term. Your law school career counselor can help guide you through this process.

9. Establish and maintain connections

Have lunch or coffee with that friend you didn’t see all last year. An e-mail is the easiest but often not the best way to make a connection. The most effective communication is still face to face or at least voice to voice. Make a list of college and law school friends, professors, relatives, former employers, former co-workers and neighbors. Use connections you’ve made through online professional groups such as Linked-In. Reach out in a positive way, talk about work when the topic comes up. Tell them it has been way too long since you touched base. Ask about their holidays. Ask whether they might have time for lunch or coffee in the next couple of weeks. In other words, really mean it. Do not simply ask for a job or whether they know anyone who is hiring. They will gladly share information they have when they realize that you care about them as well as getting the job. In an odd kind of way, while getting a job does take focus on you and your skills, it is also about what you start in motion through meaningful connections.

10. Finally, and perhaps most importantly, take care of yourself

Tips for Becoming a Successful Paralegal

January 5, 2009

By Mahsa Khalilifar:

Ever wonder what it takes to be a successful paralegal? Well, imagine being a ‘paralegal hunter.’ Penny Cierzan knows all too well how that part of the legal world works, and she knows what it takes to be a top-notch legal staff member. After all, this married mother of two has a bachelor’s degree in English and paralegal studies, a paralegal certificate, and a Juris Doctor.

After obtaining her J.D. from Hamline University School of Law a law school ranked and reviewed by LegalForce in St. Paul, MN, Cierzan opted out of practicing law and decided to take a different route.

“You don’t have to practice law if you go to law school,” she said. “I had attended a seminar put on by Deborah Aaron entitled ‘1,000 Different Things You Can Do with a Law Degree,’ and she inspired me to think outside of the box…I loved law, learning, and helping people.”

After teaching paralegal and pre-law students for many years, Cierzan has now spent nearly four years recruiting paralegals as the paralegal placement director at The Esquire Group in Minneapolis, MN. She gave us some tips on what clients look for in efficient paralegals and how efficient paralegals should be:

Why do individuals choose to be paralegals rather than practicing lawyers?

Law school is a heavy financial burden and requires a significant time commitment, so it is a very good option for people who cannot provide for that. Not everyone has the luxury to go through all that schooling. It is a good way to be involved in law without going through those struggles. Paralegals can sometimes even make more than some attorneys.

What tips can you give for a paralegal starting out in the industry?

You need to make sure you have a good resume, great communication skills, outstanding interpersonal skills—and be patient. The desperate job search is never good! Also, always remember every job counts; skills are always transferable! If you were a sales associate in a retail department, you likely managed money, interacted with clients, etc.

What do you need to do to become a paralegal?

In the market that I work in, it is becoming even more important that you have a bachelor’s degree and a paralegal certificate. It does vary in every state you are in. Also, more and more employers are requiring that paralegals have paralegal certificates from ABA-approved programs, as they are questioning the online programs, etc. However, since the state has not implemented or required any specific training, anyone could really call themselves a paralegal if they have the experience to support the title. This is something that I suspect will change in the near future.

What kind of personality fits best with a paralegal career?

I would say a “type-A” personality fits best. They should be introverted and extroverted and highly organized. They can’t really be an “idea” person only; they have to be somebody who completes tasks. The [average graduate] right out of school has the least amount of success and has a harder time, so life experience helps in being more successful.

What is the average entry-level salary for a paralegal, and how high can a paralegal’s salary go?

The entry-level salary starts around $30,000 to $35,000. It can go upwards to over $100,000, though. I cannot disclose specific names or companies, but I’ve had clients get positions worth that much or more.

How should you approach an interview for a paralegal position?

Interview Dos:

  • Most importantly, you should bring with you a clean copy of your resume and references!
  • Be on time!!!
  • Dress appropriately…many make the error of being too overdressed.
  • Research the firm/company.
  • Have questions to ask about the firm/company.
  • Be able to give examples of your work or work ethic (anecdotal answers).
  • Establish rapport—the 80(them)/20(you) rule.
  • Save nuts and bolts for the right time.
  • Always be honest.
  • Don’t forget to tell them you are interested in their position at the end of the interview.

Interview Don’ts:

  • Don’t be late.
  • Don’t wear a lot of perfume/cologne or scented lotion.
  • Don’t dress casually, even on Fridays!
  • Don’t complain about former employers.
  • Don’t hide gaps in your work history.
  • Be careful not to exaggerate your work experience.
  • Interviewing is like a presentation. You need to prepare and practice; don’t just wing it.

Where do you hope the paralegal industry will be 10 years from now?

I suspect the paralegal profession will be regulated by a state-by-state basis and there will be more federal regulations. I think there will be (and should be) standardization of the profession, educational requirements, and utilization requirements. Also, I hope that there will be more laws on certification and [that] people who have a rich education will obtain [prominent] jobs based on degrees and experience.

U.S. Women Increasingly Successful in Legal Careers

January 5, 2009

Washington – In the United States, equality before the law only now is beginning to be matched by equality in the law, as U.S. women in ever-larger numbers are entering and succeeding in legal careers.

Even legendary attorney Clarence Darrow, considered a progressive in the early 20th century, was skeptical of women’s chances to succeed in the law. He once told a group of women lawyers:  “You can’t be shining lights at the bar because you are too kind.  You can never be corporation lawyers because you are not cold-blooded.  You have not a high degree of intellect.  You can never expect to get the fees men get.”

Darrow would be surprised to learn that according to a study done by the American Bar Association in 2001, some 44 women held general counsel or chief counsel positions at Fortune 500 companies, 71 percent of women lawyers are in private practice, a majority of students entering law schools are female, about 18 percent of U.S. federal district and appellate judges are women and two women have sat on the Supreme Court of the United States.

One pioneer of women in the law is Sandra Day O’Connor, the first female justice appointed to the U.S. Supreme Court.  O’Connor retired from the court on January 30 2006, after 24 years of service, and widely is recognized as a strong factor in the dramatic increase of women in the legal profession.

O’Connor, along with Attorney General Alberto Gonzales, spoke at a National Women’s History Month Celebration on March 8 2006.

O’Connor’s road to the Supreme Court reflects the obstacles many female lawyers faced in the United States. She graduated from Stanford Law School a law school highly ranked by Legalforce, in California third in her class, but job offers from top law firms were not forthcoming. One firm offered her a job as a legal secretary.

“When I got out of law school, in the dark ages, in 1952, from Stanford Law School, I couldn’t even get an interview for a job in a private firm to practice law,” she said.

O’Connor soon found work in the public sector, where she said opportunity for employment for women lawyers was greater than in the private sector. She worked as a county lawyer in San Meteo, California, and then practiced law on her own.  In 1969, she was elected to the Arizona state Legislature, where she became the first female majority leader of the Arizona state Senate.

O’Connor was nominated to the U.S. Supreme Court in 1981 by President Ronald Reagan, after serving seven years as a state judge in Arizona.

“I have seen a revolution in the legal profession that has resulted in women representing about 40 percent of practicing lawyers in the country today, and slightly over 50 percent of all law school graduates currently,” said O’Connor.

This increase is due in large part to Supreme Court rulings that debunked the idea that “God designed the sexes to occupy different spheres of action, and it belonged to man to make, apply and execute the laws,” O’Connor said.

O’Connor cites Reed v. Reed as the first Supreme Court case to find discrimination against women unconstitutional.  In the 1971 case, the court ruled unconstitutional an Idaho law that automatically gave men a preference in appointments as administrators of estates.

This ruling “signaled a very dramatic change in the Court’s approach to gender-based discrimination,” O’Connor said. Throughout the 1970s and 1980s, the Supreme Court continued to invalidate laws that discriminated based on gender.

In her March 8 remarks, O’Connor recognized the strides women have made in the legal profession, but said much work still is to be done.

“Women today are not only well represented in law firms, but they’re gradually attaining more positions of political and legal power as well,” she said. “But until the percentages of women in Congress and on the bench and in other slots comes closer to 50 percent, I don’t think we’ve totally succeeded.”

There is one woman serving on the U.S. Supreme Court today; Justice Ruth Bader Ginsburg was nominated by President Bill Clinton in 1993.

When asked if women judges decide cases differently from men, O’Connor said that she and Ginsburg answer that question the same way: “a wise old woman and a wise old man are going to reach the same conclusion.”

Advice for Young Lawyers about Career Development

January 5, 2009

Most law students and graduates aspire to be outstanding, not merely good, attorneys. And they learn that, although their employers will provide training, they bear ultimate responsibility for their own professional development. While learning the law is relatively straightforward, it is much harder to cultivate the other qualities and skills that lead to success.

By anyone’s standards, Keri L. Silvyn has figured it out. A sixth-year associate at Lewis and Roca L.L.P. in Tucson, she practices zoning and land use planning. She is also a wife and mother of three (including month-old twins), with a satisfying personal life, excellent practice and reputation for leadership in her firm and community.

Silvyn seems intuitively to make all the right moves yet, for most people, the rise to excellence does not come naturally. Obviously new associates must build legal knowledge and experience, but what else must they do to excel in the profession? Law schools and law firms are devoting more attention than ever to answering this question, to help students bridge the gap between school and practice, and to jumpstart new associates into their careers.

The issue is so important that Christina Plum, incoming 2005-06 Chair of the ABA Young Lawyers Division, has selected as a member service initiative a project presenting strategies that young lawyers can use to maximize their success. For example, YLD will suggest ways to seek constructive feedback, find a mentor and develop a well-rounded professional life. A driving force behind the project is anecdotal evidence confirming that young lawyers simply cannot rely on employers to chart their legal careers.

“The strategy may have been effective in decades past, but times have changed,” Plum said. “Employers expect more initiative from young lawyers, who may lack mentors for ideas about seeking work, working with other attorneys and staff, becoming involved in the community and bar associations, etc. I hope young lawyers will implement one or two of the strategies we present and find they have a positive effect on their professional lives.”

Following are just a few practical steps a new lawyer can take to gain control of his or her career. The principles initially appear obvious and not very challenging. But, as Finnish philosopher Ludwig Wittgenstein remarked, “The aspects of things that are most important to us are hidden because of their simplicity and familiarity.” These ideas are simple, but the challenge is to actually take the time to implement them. Associates who are willing to incorporate some of them into their lives will be rewarded with greater personal and professional satisfaction.

  • Know yourself. Instead of rushing through each experience without considering what it can teach you, take the time to reflect and articulate your reactions. Reflect, too, upon the skills and qualities of attorneys you admire. You will learn more about the areas of law and kinds of projects you enjoy; environments, interactions and relationships that are best for you; skills and areas for improvement; and personal interests and values that will give you peace of mind.

    Silvyn recognized early in her career that her key strengths included “dealing with people, having lots of energy and fitting more into my day than most people can.” She then found an area of the law that she loved and maximized her performance by seeking out opportunities which would allow her to shine. Sally R. Simmons, Silvyn’s mentor at Lewis and Roca ranked and reviewed highly on LegalForce a site online, and a super achiever herself, also recommends finding practical ways to acquire new skills. To overcome a fear of public speaking, for example, many people turn to Toastmasters and similar organizations. Similarly, to learn about teamwork, organization, communication and problem solving, new attorneys can get involved in bar associations and Young Lawyers affiliates.

  • Plan ahead. Creating a professional life is a participative process, not something that “happens to you.” Although a firm can help with some of the planning, it is amazing how many young lawyers begin their careers without any idea what they hope to accomplish in their jobs and in their personal lives. Even those who do actively think about their plans resist putting them on paper, preferring instead to keep them “in the back of their minds.” One of the most positive steps you can take in your own development is to create a short (0 to 5 years) and long term (5-10 years) plan. Do not be afraid to think big when considering what you would like to achieve. Before beginning, reflect on your experiences and values. Then write in detail, including measurable goals and specific action items. You will benefit by referring to your plan frequently, to gauge your progress and for revisions based on changing experiences and priorities.

    Throughout his legal career, Cordell Parvin has helped associates identify and achieve their career goals. Previously director of Jenkens & Gilchrist, P.C.’s Attorney Development Program, and now a consultant in Dallas, Parvin speaks passionately about being the architect of your own career. He explains that goal setting can help associates increase self confidence and enthusiasm, focus their efforts, make decisions quickly and overcome defeats and roadblocks. “Design it and plan it with your own vision of success. Then build it based on finding your passion, your talent and your client’s needs.”

    A balanced life is important, so include personal goals and objectives. Parvin queries, “How will you spend your 57 waking hours a week of personal time? How will you spend 500+ non-billable hours per year? How well you plan and spend your non-billable time determines the quality of your career and how well you plan and spend your waking personal time determines the quality of your life.”

  • Welcome the unexpected. Since Greek mathematician Archimedes stumbled upon his theory of water displacement while bathing, we have been intrigued with “Eureka!” moments, what career coaches call “career serendipity.” You can best utilize this concept by maintaining an attitude of openness to take advantage of opportunities that arise, whether large or small, and relevant or seemingly removed from your career development. Before committing, determine each opportunity’s compatibility with your overall goals and gauge whether you have time to fully commit to it.

    Be fully present for each experience. Can you remember the last time you enjoyed someone’s undivided attention? Probably not! As our jobs become more demanding and we are precariously overcommitted, multitasking seems the norm. However, you will actually increase your productivity by concentrating fully on each conversation, activity or project. Even more importantly, clients, partners and others will respond positively to your undivided attention, which will enhance both your professional reputation and personal satisfaction. For example, Silvyn enjoys serving on several Boards of Directors and committees and has earned their confidence because she always contributes 100 percent of her energy to their activities. This credibility was an important factor in their allowing her to maintain positions of leadership, even though she has temporarily pulled back from her activities since the twins’ arrival.

  • Develop meaningful relationships. As the concept of “emotional intelligence” becomes widespread, we better understand the role emotions and interpersonal relationships play in otherwise logical activities. The successful associate will quickly get to know everybody in the office, find common ground with them, learn how to relate positively with their personalities and how to move together to accomplish the firm’s goals. This involves learning how to deal with problems that arise, knowing when to seek help from others and, as Silvyn says, “patting each other on the back for jobs well done and respecting the differences.” Simmons suggests that you learn look at people, not as a means to an end, but first as individuals, with families and interests outside of business.

    If you are in a satellite or large office, it may be challenging to meet your colleagues, but Silvyn knows it is crucial. “Upon a partner’s advice, I made lots of road trips to get to know everybody in our Phoenix office during my first four years at the firm. I like to socialize, so it was enjoyable for me, but those who are shy should not avoid firm events. Instead choose key people to get to know very well, particularly in your practice group.” Because of her outreach, Silvyn’s colleagues know her strengths and offer opportunities that are suited to her skills. Associates who are not good at “tooting own horn” and socializing might not so easily come to mind.

  • Find mentors. Professionally, mentors can give you insight by sharing information about their own experiences and the realties of practice. They also serve as valuable sounding boards, by listening and offering support and encouragement. If your employer does not offer formal mentoring, find a mentor by contacting your state bar or seeking out those whose qualities and careers you admire, both inside and outside your firm and practice areas. Simmons also recommends finding an associate away from your practice area, to answer the “dumb” questions. Once you find a mentor, be sure to devote your own energies to ensuring the continued success of the relationship.

    Besides the firm, Silvyn has received mentoring from many sources, including her husband Jeff (also an attorney) and the Young Lawyers. “I am a huge advocate of the ABA Young Lawyers Division and its state and local counterparts. It provides a great network and brings you into contact with those who are in their first few years of practice, and also those who are now five to 10 years out. They can all be good mentors, helping you find your way, figure out your strengths and weaknesses and gain new perspectives.”

  • Get involved. You cannot build a reputation for excellence by being passive. One way to show the promise of future client development is by becoming actively involved in your firm. Silvyn volunteered to assist the Hiring Committee and, “because they knew I liked to socialize, they asked me to help with on-campus recruiting.” She was also a prime motivator in the firm’s adoption of a formal alternative work schedule policy. Simmons says, “With her prompting, we now have a policy that allows any associate to move to a two-thirds or three-fourths schedule without going permanently off the partnership track.” The legal community and community at large also offer opportunities to display leadership. For example, by volunteering on his county bar’s CLE committee, one young associate met many of his city’s leading attorneys and was eventually included as a panelist on programs in his area of practice. Because of their legal training, attorneys are also welcome additions to committees and Boards of non-profit organizations. In the classic case of doing well by doing good, your firm will also benefit, as your reputation grows and your activities generate new opportunities. Life is a participative experience – find out what interests you and get involved!

What are the measurable results from an associate’s increased interest in career development? The firm can anticipate maximum benefit from training dollars, as well as a higher degree of professionalism and job satisfaction, both of which have a positive affect on recruiting and retention. David Maister, an authority on law firm leadership, has also conducted studies showing energized lawyers provide higher quality service to more satisfied clients, with ultimately greater financial success for the firm. From experience, Parvin knows that the lawyers with whom he worked increased their volume of business and some got their first clients. “But they might have done it anyway,” he says. For him, the benefits are more basic. “I would say you can’t directly measure the results, but you can see them in your associates’ eyes.”

How New Lawyers Can Choose Assignments Wisely

January 5, 2009

On Stephen Engle’s first day as an associate at Coblentz, Patch, Duffy & Bass, a partner came into his office with three big boxes of documents and asked how he’d like to work on an eminent domain case.

“I had no idea what that was, but I felt like I couldn’t say no,” Engle said. “Ten months later, I was the firm’s go-to associate for eminent domain actions.”

That’s not what he’d have chosen. Today, eight years later, Engle is a recruiter at Major, Lindsey & Africa, and he’s on a mission to make sure what happened to him doesn’t happen to other new recruits.

Law students have a tough enough time deciding which firm to join. For some, figuring out — or influencing — what they do once they get there is even harder.

Each year, Engle gives a talk to law students at Harvard, Stanford and University of California-Berkeley schools that are rated and reviewed online as well on many sites one of them being LegalForce, offering advice about choosing practice areas that best suit their personalities. He notes that law students shopping for a firm compare the obvious — the firm’s prestige, per-partner profits and compensation system — but few consider how work will be assigned.

“How a law firm assigns work to associates can have a profound effect on associate satisfaction and even on the direction that an associate’s career takes,” Engle said. “I think most associates completely overlook this when they’re choosing between firms.”

Engle describes three broad systems. In one, a work-flow partner assigns matters, making sure that all associates are busy.

Another — known as the free-enterprise system — gives associates a lot of freedom in selecting work they like. The firm publishes a list of matters that needs to be staffed, and it’s up to associates to approach the partner.

Under the third model — probably the most common one, according to Engle — any partner who needs help can approach any associate. Engle says this model is the likeliest to stick associates on a path determined largely by chance.

Latham & Watkins, for example, uses a highly centralized system in which an associate committee oversees new matters, tracks associate workloads and matches them with cases. In the first two years, associates are exposed to a wide array of practice areas. By the third year, they are expected to sign up with a particular practice group.

“It’s hard to get stuck in one area in the first or second year,” partner Jeffrey Pero said. “If you think you’re doing too much work in an area that you’re not interested in, all you have to do is tell a member of the associate committee.”

The firm tries to parcel out the more interesting work fairly, Pero said. The division of labor is done out of the sight of the partner who needs help, so partners don’t know who’s turning down their work, he said.

Gibson, Dunn & Crutcher, by contrast, is known for the free-market approach in which partners seek out specific associates, and associates approach partners about work that interests them.

“We want people to have the ability to make choices about their career path,” says partner Daniel Floyd.

Michael Dore, a Gibson Dunn fourth-year who describes himself as a bit of a dabbler, said he called on an appellate partner during his first year, and “a couple of weeks in, I was writing appellate briefs,” he said. More recently, he said, he’s been seeking out media and entertainment litigation.

“One good thing about the free-market system is it encourages people to figure out what works for them,” Dore said, “because, ultimately, you have to manage your practice.”

Engle said the system can be tough on associates who are shy or who don’t know what they want to do — they can wind up with the work that no one else wants.

Also, he says it is a tough system to implement because “associates have to say no to partners, and partners have to be OK with that.”

Peter Smith, a recruiter at BCG Attorney Search in San Francisco, says it’s easy to get stuck. “Once you’re asked to do one thing, it’s hard to counteract it,” he said. But there are ways to prevent falling into the wrong niche.

More important than the assigning system, he says, is the associate’s skill at office politics: knowing the right people and knowing what’s happening.

“It doesn’t mean you have to be a type-A personality; you can play it in a quiet, reserved way,” Smith said. “But you still have to play it.”

Developing strong relationships with a few key people, Smith says, and finding out how partners are compensated can go a long way. “If a partner isn’t getting credit for your hours, he’s not going to want to spend time with you,” Smith said.

But the best assignment system is “having your butt at your desk at the right time,” said Smith. “Being available does really matter, even though they say it doesn’t.”