I recently watched a video of a presentation for the Georgia Bar Association by my friend and colleague Monica Parker of LeavingTheLaw.com, in which she offers a 3-step process for leaving practice.  It seems to me that the process is equally applicable (with some modification) to other professional changes.  The video is about an hour long… Pour a cup of coffee, grab a pen and paper, and prepare to think through your next steps.  View the video here.

Rates: lawyers’ hourly (or alternative) fees
Utilization: the number of billable hours a lawyer works as compared with the cost of maintaining the lawyer
Leverage: the associate:partner ratio
Expenses: what a firm must pay to do business
Realization: the amount of fees collected vs. billed

If you don’t have a solid grasp of law firm economics, read this article NOW.  Even if you do get it, a quick refresher might be helpful.

Rob Hockett offers simple advice on retirement issues in Through the Looking Glass: Why Many of Your Retirement Assumptions Are Wrong.  Retirement may seem lightyears away, but acting as if that’s the case is (in my financially uneducated opinion) a mistake.  I appreciated Rob’s article because it provides some benchmarks that anyone can use to begin getting a handle on what needs to happen to make a reasonably comfortable retirement a real possibility.

Sheryl Sisk Schelin gives terrific advice on Leaving Your Employer to Launch Your Solo Practice, most of which is absolutely applicable (with a few adjustments, of course) for leaving one firm to join another. 

Facts presented in Carl Cooper’s Women  Attorneys of Color Work Under a Sword of Damocles surprised me greatly.  Articles over the last few years have demonstrated that women attorneys of color face special challenges in the profession, but I was astonished to read that, according to NALP, 100% of African-American women have left their firm by the 8th year of practice.  This article presents some steps toward a solution, though clearly this is a deeply ingrained and multifacted issue.

Stephanie West Allen, Victoria Pynchon, Gini Nelson, and Diane Levin discuss The Human Factor and how lessons learned in mediation and negotiation can be applied more broadly to your life and work.

For those thinking of leaving the practice: Monica Parker presents seven reasons to leave the law in Before You Choose Your Exit Strategy, Choose to Exit.  (The article is an excerpt from her book (to be published this month!) Unhappy Lawyer: A Roadmap to Finding Meaningful Work Outside of the Law.)  And Anne Whitaker offers an insightful self-assessment to help determine not only whether leaving practice is the thing to do but also what might be a better choice.

And finally (for now, anyway), I wrote an article discussing three common challenges law firm associates face (”I made a mistake and I’m not sure I can recover,” “They must not like me,” and “I’m not advancing professionally”) and how both associates and their firms might work to resolve those challenges.  I’ve seen lawyers leave when they needn’t have, and I’ve seen them hang on when they shouldn’t have.  Should I Stay. . . or Should I Go? is intended to provide guidance in each of those situations as well as in others.

I would like to highlight most every article in this issue, and I may highlight more in a later post.  Do yourself a favor and check out all of the fine articles.  There’s such diversity among them that you’re sure to find one that speaks to you.

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Let’s be real: attorneys are often faced with statements, actions, arguments, behavior, etc. that is galling in the extreme. It’s a common practice in litigation among some to make an effort to find their opponents’ hot buttons; push the button and out pops an ugly, crazy person – not someone a jury would respect or believe. (Same goes for witnesses, too.)  So how can you handle it when faced with provocation that would make the Buddha quiver with rage?

1. Keep your attention on the motivation behind the provocation. Is the person who’s enraging you doing it intentionally, or is it a by-product of words or behavior that he likely thinks perfectly appropriate? If it’s the former, don’t give him the satisfaction of knowing he succeeded. If it’s the latter, consider whether displaying annoyance would stop the behavior or simply let your opponent know that he’s found a soft spot.

2. Breathe. This is great advice for just about any situation, but it’s especially good for dealing with anger. You can react, which implies knee-jerk emotional feedback made without any reflection, or you can respond, which implies feedback that follows a pause and analysis/reflection to determine the best way to address the provocation. It’s far better to respond than to react. There’s no reason why you can’t fall silent for a few seconds (which may feel interminable to you and your opponent) while you work through your options.

3. Speak softly. Most of us tend to raise our voices when we speak in anger. Therefore, it’s disarming to do the opposite and to speak more quietly. The effect is to appear reasonable and controlled (especially helpful if your opponent is ranting and raving and appearing to be out of control) and to force your opponent to listen carefully to hear what you have to say. I am informed that in Japanese culture, when two parties are arguing, the one who raises her voice first loses. It’s a difficult tactic for many of us to master, but if you can speak softly in the face of provocation, you will stand a much better chance of controlling your anger.

4. Vent. Express your anger in some forum that poses no risk of exposing it. Writing can be helpful, but especially if you write an angry response to an email, be sure that you don’t accidentally send it!

5. Exercise. That’s physical venting. When feasible, it’s a great idea to get up and take a walk instead of marinating in a situation that makes you angry.

6. Selective release of anger. Sometimes, it’s absolutely appropriate to express your anger at the person whose behavior has caused it. But consider the consequences of such an expression. Will you disrupt a relationship? Do you stand to lose ground? Will your expressed anger cause the person to react in a way that will cause you even more trouble? And when you do choose to display anger, consider doing so through your words only but continuing to speak in a low, even tone of voice. That will reinforce the gravity of your words.

And, despite our best efforts at these tactics, all of us lose our tempers sometimes. Especially in time of frustration and stress, it’s easy to let it slip, despite best efforts. When that happens, don’t be afraid to apologize and admit to being human.

Senior lawyers bear much responsibility for these missteps, because they should have the foresight and ability to define what authority the lawyers they supervise may exercise.  However, all too often, everyone assumes that everyone is in agreement on what’s appropriate — right until the assumption comes crashing down in a rant of frustration at being disturbed yet again “for nothing” or a ballistic explosion at finding out that an incurable decision has been made without a full appreciation for its impact.

I’ve been reading a marvelous book recently: Fierce Conversations: Achieving Success at Work and in Life One Conversation at a Time, by Susan Scott.  In addition to setting forth a valuable approach to conversations that facilitate exploration of the truth and collaborative problem-solving, Scott sets out a Decision Tree that supervising lawyers can use to explain a junior lawyer’s scope of authority — quickly, simply, and in a framework that permits easy shorthand reference in the future.

Scott’s Decision Tree comprises 4 categories of decisions (quoted from page 119, Fierce Conversations):

Leaf Decisions: Make the decision.  Act on it.  Do not report the action you took.

Branch Decisions: Make the decision.  Act on it.  Report the action you took daily, weekly, or monthly.

Trunk Decisions: Make the decision.  Report your decision before you take action.

Root Decisions: Make the decision jointly, with input from many people.  These are the decisions that, if poorly made and implemented, could cause major harm to the organization.

It’s quickly apparent how these categories can be used in the practice setting.  In the context of litigation, for instance, a partner might identify deciding whether documents are relevant and thus to be produced as leaf decisions, deciding what witnesses to interview as branch decisions, preparing discovery requests as trunk decisions, and deciding whether to move for a temporary injunction as a root decision.  As the associate advances, more and more decisions will become leaf and branch decisions, which is a strong indication that the associate is becoming more skilled and thus merits more authority.

This same principle is useful in a wide variety of other settings.  Suppose, for example, that you had decided to embark on a marketing program, and you decided to mail firm literature to some unidentified people and to invite others to lunch, to accept some requests to speak at CLE meetings or to write articles, and to use your box seats at a sporting event to thank or to woo particular clients.  The Decision Tree formula would permit you to delegate this process to a large extent to your assistant by explaining which steps you want her to undertake on her own without reporting back (sending out the marketing materials to new contacts), which you want her to do and to let you know about (setting up lunches with those in a designated group), which you want her to filter and then check with you about (”I don’t think you’ll want to speak at these conferences, but client XYZ always attends this one, so you may want to consider that”), and which decisions require input from you and perhaps others (which clients and colleagues should be invited to the playoffs).

Think today about how you can use Scott’s Decision Tree to clarify your own scope of authority and that of others with whom you work.�

What about lawyers’ efforts to integrate work and life?  Does that go by the wayside in the event of recession?  Should it?

I’ve talked recently with more than a handful of lawyers who are feeling the pinch, and with associates who are sensing or even being told flat-out that they should count themselves lucky just to have jobs, to put their heads down (subtext: quit complaining) and get to work.  Especially in the firms that have just raised associate salaries to levels previously unknown, it isn’t surprising that they might get such feedback. 

And yet, the shut-up-and-work mentality flies in the face of efforts to help lawyers shore up declining professional satisfaction.  Work/life balance or integration continues to be an important issue for many lawyers, but how to manage those concerns when times get tight?

Cali Williams Yost, creator of the apt “work+life fit” concept, has posted some thoughts about why smart leaders will continue to integrate flexibility.  The short version, according to Cali:

*  Even in a recession, talent will still be a scarce commodity.
*  You can’t effectively service global clients and manage global teams without flexibility that considers impact on work+life fit.
*  In a recession, more needs to be done with fewer resources.
*  Finally, companies that need to cut back will use flex to creatively downsize.

I think she has some excellent points.  My concern is that between the anger that some law firm leaders feel concerning the escalated associate salaries and the remaining somewhat rigid view that law firms sometimes have on flex time and work/life balance (to use the phrase that firms tend to use), firms may be less willing to use flexibility as a management tool. 

The word is already out about some firms firing associates for “poor performance” without any warning signs.  Other firms are openly laying off associates and poor-performing non-equity partners and/or de-equitizing partners.  As much as I’d like to believe that firms will adopt flexibility in greater numbers despite the tight economy, I find it hard to believe.

What do you think?

1.     Communication is key.  Clients want and need to be kept informed of what’s going on.  If I were to go back into practice, I would make it a habit to dictate a short note describing any case developments to each client on at least a biweekly basis, more frequently if the case is quite active.  And I would be certain to return calls within 4 hours, if only to let the caller know that their message had been received and that I would get back to them with a substantive response on a later date.

Example:  I called a lawyer (we’ll call her Ashley) to whom I was referred by another lawyer I know personally and respect deeply.  Because she was on another line, I left her a voicemail, briefly outlining what was going on — including conflict information — and advising A that I would like to meet with her on a particular date to provide more information and discuss what alternatives I might have.  More than 4 days later, no one from A’s office had returned my call.  Can you imagine what the rate of communication would probably have been if I’d hired A?  I can.  And I called someone else.

2.     It’s a subset of communication, but clients want to know when there’s a problem.  Whether it’s something directly relevant to the case or whether it’s a potential problem you’ve identified while working on the matter, let your client know about it as soon as possible, especially if you can propose a solution. 

3.     Be honest.  Although many lawyers pride themselves on saying that they can do anything a client wants — to paraphrase one firm’s slogan, “We don’t tell you whether something can be done, we tell you how.”  That’s all well and good, but clients want and need honest advice.  The fact that something can be done doesn’t necessarily mean it should be done, and that’s something clients must know. 

4.     Lawyers know that procrastination sometimes pays off in litigation; if there’s a likelihood that a deadline will be extended for a brief, we sometimes prefer to wait to start writing until we know the date is firm.  This gives clients ulcers if they find out about it.  And, on those occasions when we guess wrong and the date isn’t extended, it reduces the amount of time a client can spend reviewing the filing.  This makes for angry clients with ulcers.  Communicate!  And allow adequate time for client review.

5.     Underpromise and overdeliver.  I’ve blogged on this topic elsewhere in another context, but it’s important.  If you promise a client you’ll deliver a memo, set a reasonable deadline for yourself and send it before that deadline expires.  Even if you’ve already given an oral report on the content of the memo, the client will be waiting for the promised document.  Don’t disappoint him.

6.     Be aware of the context in which you’re providing advice.  If you’re advising a company, know about its business and its officers.  If you’re advising a person, consider her overall situation.  No matter exists in a vacuum, and clients appreciate lawyers who not only recognize that, but who also acknowledge it.

7.     Don’t make excuses.  If there’s a problem, if you’ve failed to communicate as often or as clearly as the client expects, apologize.  Frankly, the excuse doesn’t matter.  Make it right.

I learned many more lessons as a client, but these are the bedrock principles.  How well are you serving your clients, from their perspective?�

But first, a reminder: on Wednesday 2/20 (at 5 PM ET) I’ll be hosting a free teleseminar entitled Five Foundations of Time Mastery for Attorneys.  You’ve probably been to time management seminars before, and maybe you found them wanting.  That’s how it always was for me.  But I’ve pulled together some unusual ideas that, consistently applied, can transform the way you use your time.  I’ve presented this information several times before, and it gets rave reviews.  This Wednesday will be the final time I’ll be presenting it for free!  Learn more, or sign up now by visiting here.  Registration closes at 9 AM ET on Wednesday, so don’t delay!

Now, let’s get back to the fun.

The lawyers I’ve met who insist on having fun (and who are, incidentally, deeply satisfied with their career and practice choices) are a divergent lot.  Some practice in large firms, some are solos, and some practice in a midsized firm, in-house, or in a government agency.  Their practices range the gamut from corporate to criminal to litigation, and their backgrounds are just as variable.  But I’ve noticed 5 key similarities.  Lawyers who have fun:

1.  Are invested in their practices.  Whether it’s a deep commitment to a particular kind of client (those who’ve suffered a brain injury, for instance) or to some agenda he or she advances through practice (representing domestic violence victims or lobbying for stronger legal protection for animals), Lawyers who have fun in practice have something at stake in their work.  There’s an underlying purpose and value to practice for them, and they’re energized by it.

2.  Are able to laugh at the absurdities of practice.  Every lawyer knows how utterly ridiculous practice can be at times.  Experts take completely unsupportable positions and refuse to budge despite the evidence.  Clients insist on the unattainable in ways big and small.  And things just happen.  So much of practice is deadly serious, but the lawyers who have fun know when and how to laugh, and they enjoy the humor.

3.  Find ways to integrate hectic practice and hectic personal life.  Lawyers who have fun in practice know that all work, all the time is a recipe for burnout, so they strive to maintain boundaries around their personal time.  By intentionally taking time away from practice (whether it’s on a weekly basis or whether it comes in the form of 2-week vacations when they’re absolutely unreachable), these lawyers preserve their energy with time away so they can be fully engaged when they’re practicing.

4.  Enjoy colleagues and clients.  Lawyers who have fun like and trust the people with whom and for whom they work.  Camaraderie lightens the mood (I remember and have heard all sorts of stories about working all night and staying energized by the other lawyers working then too) and offers opportunities to bat around ideas, strategy, and arguments, all of which can lead to great legal results and also great fun.

5.  Relish the bold and unconventional.  Lawyers who have fun in practice enjoy taking a step out of the expected.  Maybe it’s pulling words from The Devil’s Dictionary or making notes on an upcoming argument with a purple glitter gel pen or using dictaphones to record Dueling Banjos on a slow Friday.  Or, as the picture above suggests, maybe it’s getting a little work done in the park on a nice spring day.  The specifics don’t matter, but these lawyers have a healthy sense of play, individuality, and perhaps even rebellion. 

Want more?  There’s a new website out called LawIsFun.com.  Although the site appears to be fairly barebones for now, more is promised soon.  Its mission statement is encouraging:

Why Law Is Fun We all had good, good reasons to attend Law School.  Disappointment, frustration, and anger may have set in and distracted some very good practitioners from being satisfied with their profession. But those reasons still reside in their hearts and minds.  Not only is this a profession that can provide an amazing amount of personal satisfaction, but there are copious opportunities to have fun while doing it.  This does not mean that you will be wearing clown paint to court, just that you can achieve a level of happiness and satisfaction beyond the frustration and anger. The time has come for us all to remember what it was that drove us to sit through the LSAT, three or four years of law school classes and then one (or more) bar exams just to get into the profession. Money?  Pride?  Satisfaction?  Helping people?  Being able to say “It’ll be okay – I’m a lawyer”?  Whatever your reason, it’s as valid today as it was when you first started on this path.  It’s time to rediscover and re-embrace that reason.  And, Lawisfun.com is here to help!

I hope it’ll prove to be a good resource.  (Thanks to Stephanie West Allen of Idealawg for the tip!)  �

To the new attorney:

Welcome to the practice!  You’ve learned much over the last three years of law school, and you may be somewhat dismayed to discover that your learning is just beginning.  It’s a cliche to say that law school merely teaches you to think like a lawyer, but you’re about to find that there’s quite a bit of truth there.

I’d like to offer you a roadmap of sorts… A short list of foundations that underlie a successful practice.  Think of these as guideposts.

1.  Each time a client entrusts you with a matter, you’ve been granted a sacred trust.  You will have hundreds of clients — perhaps thousands — over the course of your career.  Some may be sophisticated legal consumers, but others will bring to you the only legal matter they’ve ever had.  Whichever camp your client falls into, it is your responsibility to treat the matter as if it’s the most important matter this client will ever have.  That isn’t to say that each client should in effect run your practice (you’d never get anything done), but when a client trusts you enough to request your representation, be aware and respectful of the trust… And earn it. 

2.  Remember that the other lawyers in your firm who ask you to do work are your clients.  Act accordingly.

3.  It’s called legal “practice” for a reason.  You’re bright and accomplished, and you’re accustomed to knowing it all.  You’re about to enter a phase in your life in which you’re likely to feel that you know very little.  It’s your opportunity to practice the skills you learned in school, to read the law and to think deeply about it.  You’re going to make mistakes, no doubt.  It’s your duty to learn from each mistake and to make each one only once.  Ask intelligent questions and study the lawyers you admire.  A mentor is invaluable, and here’s a secret: your mentor will learn as much from you as you learn from your mentor.

4.  Begin your business development activities now.  Especially when you’re just beginning to practice, when you know so little about how the law really functions, it’s hard to imagine that you’re going to be responsible for bringing clients in.  Whether that need arises immediately (as of course it will if you’re a sole practitioner) or in a matters of years, you need to lay the groundwork today.  Keep up with your classmates from college and law school.  They may be at the bottom of a corporate rung today, but they (like you) will advance, and the confidence they develop in you over time will position you well to turn a social relationship into a business relationship.  The best marketing flows from superior legal skills plus masterful interpersonal relationships.  Remember that you need to develop both.

5.  Set goals for your career and adjust as appropriate.  Two errors plague lawyers: advancing in practice without having a plan and sticking to a plan even after it’s quit being the right plan.  Spend time determining what you want your life to look like both professionally and personally.  That knowledge will guide your steps as you decide where to practice, whether to stay there or leave, whether to pursue or accept a partnership offer, and much more.  However, be sure that the plan you’re following really fits you.  There’s little worse than climbing to the top of the ladder only to discover that you’ve scaled the wrong wall.

6.  Develop your leadership skills — you’re going to need them.  You may not view yourself as a leader right now, but you’re going to find yourself in a leadership role sooner than you recognize.  Learn how to discipline yourself, how to communicate what’s right, how to stick to your vision and to motivate others to join in the effort, how to convey your presence as a leader.  You’re going to find yourself on a board, in a courtroom, leading a team of lawyers, or bringing your legal skill to a matter of importance in your community.  Learn how a leader behaves and seek opportunities to practice.

7.  Integrate your personal and professional aspects.  You will be most effective in the office when you’re rested and the demands of your personal life are sufficiently met.  It’s unrealistic to imagine that you will always be able to meet those standards, but you must strive to do so.  “Work/life balance” doesn’t mean dividing your time or energy 50/50: it means knowing how to devote your time and attention where you need to, when you need to, according to your values.  Sometimes you’ll have to disappoint friends or family, and sometimes you’ll have to disappoint colleagues or clients.  Learn how to balance competing demands to wring the most out of every moment you have, without wringing yourself out.

8.  Give back.  You may feel overwhelmed when you think of the debt you’ve accumulated while pursuing your degrees.  Never forget that you’re among the most privileged people in the world, whether you’re at the highest paid law firm or the lowest paid public service agency.  Find ways to contribute to your profession and to society.  You will be richer for all you give.

There’s much more to say and learn… And you’re in for the ride of your life.  Welcome to practice!  Go as far and as fast as you can, in service to your clients, your community, your profession, and yourself and your family.