The Bar Exam and Other Happenings

For those of you taking the bar exam this week, good luck.  It is a miserable test no matter how you look at it.  For those who think they aced it, it is considered a waste of time –until they find out differently.  For the rest of the bar exam test takers, it is an extremely stressful experience.

The next step for you is not as miserable, but it can be very challenging.  Your first job as a practicing lawyer is just around the corner, and you are not altogether sure what to expect and how you will handle the challenges.  So, I offer you this advice.  Read my book.  New Lawyer Launch: The Handbook for Young Lawyers (Full Court Press, 2022) is a candid and blatantly straightforward guide for lawyers in the first years of practice.  Order it from Amazon or from my publisher.

I am joined in this book by more than a dozen practicing lawyers, including managing partners of BigLaw, who validate the advice and share their own anecdotes about avoiding mistakes and creating strategies for survival and success.   It may not be your most enjoyable beach read, but being familiar with the content will pay off in spades when Summer turns to Fall and you are able to mix confidence with the excitement of a law practice that is new to you.  Law school never covered this stuff, and I want you to know it.

And now, I am off on my annual sojourn to the Atlantic shore with my family.  Husband, sibling, in-law, kids, grand kids, friends … all of it.  It is my way of recharging each summer, and it is a MUST in my life.  I will be back in September with more to share on the state of law practice and your place in it.

Have a wonderful August.  Do something new.  Break out.  Surprise everyone.  You are so ready for it!

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Speaking Up Is Not Enough

Speak up!  Speak up!  Speak up!

During law school and in your early practice years, you heard this repeatedly.  It was annoying, but, in most cases, it was for your own good.  You need to be able to speak up in critical situations when your professional future is at stake.

Situations like salary review, case assignments and other settings that directly affect your career all cry out for your participation.  It is hugely important, and I hope that you are in the process of perfecting speaking up in those critical situations.

That does not mean that speaking up is easy.  It is not.  Speaking up is especially difficult when you are the youngest and least experienced person in the room.  At those times, you must dig deep to find your most confident self and your largest voice to take advantage of the opportunity or the moment.

But, as you will see in this article, sometimes just speaking up is not enough.  The author, who I have known for many years, coaches executives in multiple professions to become effective in business, including how to be a compelling and persuasive speaker.  She knows what she is talking about.  And what she says is the following:

Just speaking up isn’t enough. For career success, you should also be able to:

  • Listen well,
  • Move a conversation forward, and
  • Inspire others to contribute their ideas.

I know personally the importance of this advice.  It was important to me as a newby lawyer and the sole woman litigator in a mid-size law firm, and it has been important to me in every other professional setting since that time.

The benefits of that approach are also important in other settings.  As a volunteer board member of a not-for-profit organization, I face this delicate balance between speaking and listening on a regular basis.  I serve on several committees of the board, and I chair the most important one.  I am always aware of not only my responsibilities to speak up, provide the benefit of my experience, and guide the conversation, but I also am aware of my role in helping less experienced committee members develop into savvy and valuable meeting participants.  At many times, that means inviting them to contribute their ideas and making sure that the environment is friendly and accepting of their comments.  Although we address sophisticated concepts of real property, conservation easements and legal enforcement during those meetings, providing a healthy environment for contribution by all is easy when measured against the downsides of exclusion.

It is the same skill that I focused on as a supervisor of junior lawyers at the law firms of my past and in public service.  Stifling participation for selfish interests of control is overrated and senseless.  By contrast, encouraging development and participation benefits the mentor, the mentee and the organization.

You may find yourself in similar situations at many different junctures in your career.  Remember to listen well, move the conversation along so that you or others do not dominate, and inspire others to contribute their ideas.  It is a winning combination.

 

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Do You Think??????

A recent post on Above The Law addressed a male solicitor in England, who took sexual license with women associate lawyers, including having sex with one of them on his office desk.  The Solicitors Disciplinary Tribunal found that the senior male lawyer repeatedly created an “unsettling dilemma” for junior staff members “that rebuffing him would or could count against them in their continuing employment.”

The accused lawyer stated that he recognizes there was “inherent power [im]balance between himself, as the senior partner of the firm and a solicitor in his forties which may have prevented others more junior than him from refusing to engage with him and/or from refusing his requests.”

Do you think??????????

The fact that this kind of stuff continues to go on in the legal profession is mindboggling to me.  Are these guys living under rocks or what?  The descriptions of the kinds of offenses you will read about in the ATL article are so egregious that it would take a mentally impaired person not to recognize how inappropriate and offensive they are.  And I do not think that lawyers, who have reached senior status, are mentally impaired.  They are just clueless and self centered.

When will the men in this profession get real about what they have a right to do to women and what they clearly do not?  When will women lawyers feel safe at their places of employment?  When will they finally not have to put up with this kind of stuff?

I know that this happened in the UK.  But that does not make a difference when you consider that the same kinds of stories come out of our own legal system here in the US of A.  Just Google it.

Be smart.  If you feel threatened, tell someone at your firm or other place of employment.  Don’t worry about what the sexual predator tells you will happen in terms of your upward mobility.  It will not happen if your employer handles things correctly.  And if you do not get the right response from the firm, leave the firm.  You don’t want to be there anyway.

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Thinking About Leaving the Law?

Are you thinking about leaving the law?  Do you have thoughts of leaving the law but have no idea what that means on the other side?  Do even those questions make you break out in hives?

If so, I have an article for you.  Written by David Lat, formerly of Above the Law for his current blog Original Jurisdiction, it includes excellent advice for getting yourself into a mindset where you are comfortable addressing those questions.

From the “get go,” let me say that I am not trying to influence you to leave the law.  I have had a variety of roles in the practice of law and related legislative and consulting positions, and I have loved the journey.  However, I know that most young lawyers think about leaving the profession from time to time, especially when they are burdened with too many billable hours or too much responsibility.  It happens, and I want you to be ready to address alternatives to law practice with good information in your corner.

So, here is what David Lat has to say in response to a question posed by a reader of his Original Jurisdiction blog:


1. Get yourself in good financial shape.

When law students or lawyers tell me that they’re interested in an alternative career and ask me for one piece of advice, I often quip, “Marry rich.”

It’s a joke, but there’s a grain of truth to it. Very few alternative careers will pay you as handsomely as practicing law—especially since you work in Biglaw, and especially when you’re just starting out in a new field. In 2006, my first full year as a blogger/writer, I earned less than $50,000. That’s less than what I earned as a law clerk or an assistant U.S. attorney, and far less than what I earned in 2002, my last full year at Wachtell Lipton (more than $270,000, in case you were wondering—I looked up my earnings history on the Social Security website, which can be fun to do).

I don’t know your financial situation—you mentioned student loans, but I don’t know if you have a mortgage, a spouse or kids to support, elderly parents who need help—so I’ll speak in generalities. What I’d recommend is that while you figure out what to do next, get your financial affairs in order. Pay off as much of your educational debt as possible, don’t on additional debt (like a mortgage), and save as much as you can.

When you’re working long hours in a stressful Biglaw job, it’s only natural to want to “treat yourself” when not toiling away—with gourmet meals at high-end restaurants, lavish vacations, and designer clothes. If you’re seriously thinking about leaving the law, though, do your best to avoid these temptations—and try to put yourself in a situation where you can get by with a modest income, or maybe even no income, for an extended period of time.

2. Figure out what you want to do next.

This is easier said than done, but there are multiple things you can try. For example, you can certainly take a career-aptitude test, which can be easily found online; I didn’t do this myself, but I have met others who found it helpful.

My path out of the law was fairly common: I had a hobby or side hustle that gained traction. I started a blog, it garnered traffic and notice, and that gave me the confidence to think that I could quit the law and make it as a writer. (It also helped that I had no student loans, plus savings from my years as a lawyer—see point #1, supra.)

So… just try stuff! If you’re interested in journalism, look into doing some freelance work (consistent with your firm’s policies about outside writing). If you enjoy baking, experiment with recipes on the weekends; maybe you’ll make treats for family and friends, and it will expand from there. If you aspire to a career as an artist, start taking some classes or producing some art, and see where it takes you.

If you want to become a novelist, join a fiction-writing workshop or begin working on a manuscript. Follow in the footsteps of Helen Wan, author of The Partner Track, and Allison Leotta, author of the Anna Curtis series of novels. They worked on novels while juggling demanding jobs as a corporate lawyer and federal prosecutor, respectively—and after encountering success, they became full-time writers.

You might say, “I bill 2500 hours a year—I don’t have time for hobbies!” I worked at Wachtell, so I feel your pain.

You might have to transition to a less time-consuming legal job—one that allows you to explore outside interests, as a way station en route to leaving the law entirely. That’s one reason I went to the U.S. Attorney’s Office in New Jersey: it offered better work-life balance than the S.D.N.Y. and E.D.N.Y., and I could focus on appellate work—which gave me ample control over my schedule.

3. Get some help.

In my recent podcast interview of Bryan Garner, the world’s leading legal lexicographer, his response to my closing question about advice was to remember these words: ”I need your help.” And don’t be afraid to use them.

Bryan’s wise advice definitely applies in the context of careers. If you don’t even know where to begin in thinking about your next act, there are professionals who are well-equipped to guide you.

It could be beneficial to speak with a career coach. Two coaches with expertise in the legal space specifically are Jordana Confino, a Yale Law grad and lawyer turned coach and consultant, and Keira Chassman, LCSW, who works as both a clinical therapist and legal recruiter. And I know there are many other excellent coaches; Keira and Jordana just happen to be two coaches I was in contact with recently (Jordana as a podcast guest). Feel free to mention other coaches in the comments to this post.

There are also online resources specifically aimed at lawyers who are thinking of moving on from the law. For example, check out the websites of Leave Law Behind and Ex Judicata—both of which also offer coaching, if you’re interested.

4. Don’t burn bridges as you leave the law.

During my time at Above the Law, I enjoyed reading and writing about bridge-burning departure memos. But while they might be fun to read—and fun to write, in the moment—they could turn out to be professionally problematic if you try to return to the law.

And yes, it might very well happen. Careers are long. If you’re disillusioned about practicing law right now and eager to leave, you might find the idea of returning to be impossible to imagine. But you might leave the law and discover that the grass on the other side is not, in fact, greener. You might change as a person, or your personal circumstances might evolve, in ways that could make returning the right decision.

Almost two decades removed from practice, I have no plans to return to the law—and I don’t know that anyone would have me if I did.¹ But I’ve met lawyers who have returned to practicing after leaving for careers in journalism, finance, and the entertainment industry, among other fields. And when they did, their good relationships and reputations in the legal community were enormously helpful.

So that’s my advice for lawyers who are thinking of making their great escape. Readers, anything you’d like to add?

1

But I still keep my New York law license active—mainly to keep my mom honest when she tells people, “My son is a lawyer.”

I hope you agree that this read was worthy of your time and attention.  If you cannot focus on it now, stick it in a place that is easily accessible if the situation presents itself at a later time.

I am particularly pleased with inclusion of the last point about not burning bridges as you leave the law.  Too often, we give in to the moment, and say and do things that come back to bite us later.  So, take this advice very seriously.

Good luck considering your options.  A law degree can open many doors!

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Are Hybrid Office Policies Working?

Yes, it looks like hybrid office policies are working.  This result is confirmed by a recent Above the Law article  captioned “Biglaw Firms have ‘Embraced’ Hybrid Office Attendance Policies, Leaving Employees ‘Satisfied’ With Working Conditions.”  That is good news and also is consistent with my anecdotal research.

I admit to being concerned when I read earlier this year in the Wall Street Journal that employees working from home were 35% more likely to be laid off than other colleagues in their offices.  While it is not always the case that lawyers fare better than those in other lines of work, it is good to know that this time being a lawyer helps to avoid the pink slip.

So, why have big law firms been so accepting of the hybrid office model, which of course includes a WFH component?  Why do BigLaw managers express enthusiasm for the model?  Maybe it is because more than half of law firm employees surveyed by Thomson Reuters were “satisfied” with hybrid office attendance policies.  When management finds law firm employees this happy it gets their attention.

This is a good result and works especially well for lawyer/mothers of young children.  The strict back-to-office and full time policies that firms tried after the pandemic were off putting in light of  the impressive profits that firms reported during the pandemic when all lawyers were working from home.  For firms like Ropes & Gray, Sidley, Davis Polk, Cahill, Simpson Thacher and Arnold & Porter to follow that success with reported strict back to work mandates did not seem to fit with the facts.  In reality, even at those firms enforcement of back to office policies have been described as “passive.”  And Am Law reports that even firms that require three or four work days a week in the office are much more flexible and typically satisfied with two days.

If that means that law firm management does not like to admit wrong and would rather turn a blind eye, that works, too.  And it is not terribly surprising!

 

 

 

 

 

 

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Postscript About Leadership Skills for Women

I have just become aware of a program on leadership for women that I want you to know about.  This Quorum Initiative program, Strategies For Negotiation:  Women in Leadership, may be just “up your alley.”  It is a virtual program scheduled for Thursday, June 13, 2024 from 12 PM to 1 PM EDT.  The presenter is an acclaimed assistant professor at UVA’s Darden School of Business and the author of The Rise of Corporate Feminism (Columbia University Press, 2022).  Her previous postings have been at Wharton School and the business schools at Vanderbilt University and Cornell University.

More information about the program and registration are available at www.thequoruminitiative.com.    The price is right, and, from my experience, any program sponsored by the Quorum Initiative is worthy of your time.

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Leadership Skills for Women Lawyers

Leadership skills are important for all lawyers, but I think they are particularly important for women lawyers. It has been my experience that, too often, women either underestimate themselves and/or are satisfied in secondary roles.  Both of those propensities can be career limiting.

In my own career, I was a very good Chief of Staff and an excellent second chair at trial, and, sometimes I was satisfied with those roles. But eventually I snapped out of my complacency and realized that being parked in my comfort zone was not going to move me forward in my career. I needed to stretch myself and do the things that scared me the most.

I remember clearly the first time I argued a motion in court,  the first time I took a deposition, the first time I interrogated a witness, and the first time I was called upon to give my opinion to a BIG client in a BIG case. All of those hurdles were scary, to be sure, but necessary to get me to the next level where I would be rewarded for my leadership skills.

I also remember how it felt to have others rely on me for those skills. It is heady stuff.  But it does not come without work and training from others who have experienced leadership and walked the walks. And it does not come without consciously letting managers know that you want to lead — that you want to serve on important committees, that you want to be on a pitch team, or that you think you are ready to move from team member to team leader.

Here are some principles that I have learned along the way to becoming a leader:

Principle #1 – Seek Greater Responsibility and Take Responsibility for Your Actions

Do not be satisfied with performing current duties.  Grow in your profession by seeking further challenges and being responsible for the consequences of your actions.

Principle #2 – Know Yourself and Seek Self Improvement

Develop a plan to further develop your strengths and improve on your weaknesses

Principle #3 – Make Wise and Timely Decisions

Growing in your profession involves many challenging experiences.  Learn to make wise decisions at critical times in your career.  Do not put off important decisions.

Principle #4 – Set the Example

No aspect of leadership is more powerful than setting a positive example. Personal examples affect people more than any amount of instruction or form of discipline.  Positive examples get attention from those who can help you reach leadership.

Principle #5 – Build and Develop A Successful Team

Law practice is more and more about teamwork.  Leaders develop a team spirit that motivates team members to work with confidence and competence. Know the proficiencies of your team members, and encourage team members to further develop their proficiencies to contribute to the success of the team.

Principle #6 – Develop A Sense of Responsibility In Your Team Members

The members of a team will feel a sense of pride and responsibility when they successfully accomplish a new task given them. When we delegate responsibility to our followers, we are indicating that we trust them and encourages loyalty in team members.  When individuals trust you, they will be willingly to work hard to help you accomplish the mission.

Principle #7 – Ensure That Each Task is Understood, Supervised and Accomplished

Because mission accomplishment is based on teamwork, it is evident that the better the team, the better the team will perform the task. Team members expect the leader to keep them informed about deadlines and explain the reasons behind requirements and decisions. Information encourages initiative, improves teamwork and enhances morale.   That kind of open dialogue lets  team members know you care about mission accomplishment and also care about them.

Principle #8 – Employ Your Team In Accordance With Its Capabilities

A leader must use sound judgment when working with the team. Failure is not an option. By employing the team properly, you insure mission accomplishment.

I  encourage all of you to take advantage of leadership examples in your work places but also to look into bar association leadership programs in your area. These experiences will give you opportunities to mix with lawyers and other professionals outside your work space where you may feel more comfortable exposing your vulnerabilities.

Whatever path you choose, get on the road to leadership.   Experience the positive effects it will have on your career.

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Great News for Best Friends at the Bar!

The Best Friends at the Bar Blog has been selected by Feedspot and its panelists as one of the Top 20 Women In Law Blogs on the web.

The Best Friends at the Bar Blog has been ranked #5 among 20 of the best blogs for women lawyers on the web!  Yes, #5.

I am really excited about this and hope that you will help me spread the word and increase the website  followers.  Read more about it below and see for yourself how the Best Friends at the Bar Blog has been recognized again as benefiting young women lawyers and helping them meet the challenges of a law career and reach success in the profession.

Like my posts on social media and support a winning project!

https://blog.feedspot.com/women_in_law_blogs/

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