Learning from History During Women’s History Month

During Women’s History Month, I think it is appropriate to look at how far women lawyers have come since 155 years ago when Arabella Mansfield was the first woman admitted to a state bar.  To understand this history and put it in context, I refer you to “The Truth About Women Litigators” by Anne Redcross Beehler, an article which was included in a recent Holland and Knight law firm newsletter.   You will be interested, I think, and amazed, in some situations, to hear some of what women litigators put up with in the past and how different it is today.

I am one of those litigators, having started in practice in 1979 when there were relatively few women lawyers and when I joined a law firm of 25 men, most of them litigators.  It was a bumpy ride to be sure, but I survived and flourished.  There were not any senior women lawyers there to give me guidance, and I had to figure it out on my own.

However, I do not want any of you to have to figure it all out alone.  Not at all.  I am one of those women lawyers who is comfortable having you stand on my shoulders and who thinks that mentoring young lawyers is my responsibility as a professional.

If you are reluctant to read the article because you are not a litigator, do not let that stop you.  So many of the concepts that you will read about are more important as a matter of gender and not of practice specialty.  They are very transferable into other areas of practice.

That is, with the exception of some experiences in the courtroom.  I doubt that many female transactional lawyers in my day experienced a federal judge address her as “woman, girl or whatever you people want to be called these days.”  And that judge did not stop at one such inappropriate remark.  He must have liked the sound of it because it was a constant theme when I was in his courtroom.  Even when I was winning!

Enjoy the article.  Pay attention to the advice for the future as well as the outrageous stories from the past.  It is the present and the future where you can use your role as an influencer to make a difference that will continue to improve the profession for women.

Vive les femmes!

 

 

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Perfection as the Enemy of Good

I have been writing and lecturing about perfection as the enemy of good for many years.  It was a very important topic of discussion when my work centered on mentoring young women lawyers, but the downfalls of perfectionism are not limited to women.  Men fall victim to perfectionism just as well.

I am a member or the DC Bar and have been for the last 45 years.  I have published in the bar magazine, Washington Lawyer, and I also enjoy the articles there.  One article captioned “The Enemy of Good” caught my attention in the most recent edition.  The author, Denise Perme, starts out this way:

Many [lawyers] suffer an insidious trait that masquerades as a virtue, causing us much pain and, only occasionally, pleasure.  It’s call perfectionism.”  And, as the article makes clear, it can easily become an obsession.  Perfectionism is toxic.

Perfectionism is to be avoided as the “dangerous traitor” it is, which stifles creativity , innovation and progress.  You may be familiar with some of these dangers either because you are a perfectionist or because you know someone who is.

If you see the signs of perfectionism in yourself, do not think it will go away easily.  It will not.  You have to be proactive.  Here is a helpful list of suggestions, which appear at the end of Ms. Perme’s article, for becoming less focused on perfection:

  • Challenge your thoughts and assumptions.  Catch yourself when you are [overreacting], examine the evidence, and do a reality check about the validity of your fears;
  • Replace negative self-talk with something positive [like], “You know you can do it; it does not have to be perfect.  There is a reason they trust you to write this”;
  • Do some “exposure therapy” by allowing yourself to have small failures. … Send an email that you know has a typo;
  • Find other sources of self worth outside of work [like] regular exercise, sports, or an art class;
  • Talk to people you trust and who can talk you down.  It is important to have a sounding board; and
  • Engage collaboratively with colleagues so you aren’t carrying the whole weight of the “perfect” on your shoulders.

Be aware.  Perfectionism is sneaky and gets out of control easily.  Don’t let it control you.

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This Big Law Policy about WFH May be Coming Your Way

There are many divergent policies among law firms about the requirements for attorneys to be present in the office.  The days of the pandemic are behind us, fortunately, and the justifications of individual attorneys for working from home (WFH) are no longer as relevant as they were during the period of public health concerns.   However, the justifications for in-office presence, which have been made by law firms, are likewise diminished to some degree by the high profits that were reported by law firms during the pandemic and periods of almost 100% WFH.

So, it is complicated.  What is not complicated is the frustration level of law firms, and the measures they are adopting to get law firm practice back in the office.

Here is a recent example of that frustration on the part of a Top 50 Biglaw firm.  It is interesting reading and may be a harbinger of things to come.  If so, you need to be aware of the policies and the pitfalls.

Hopefully, the pendulum will swing in such a way that reaches a reasonable compromise that will benefit both law firms and practicing lawyers.

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What is on the Minds of Gen Z Lawyers?

It turns out that Generation Z lawyers have a lot to say.  You may recall that I wrote a book about Millennial lawyers.  In What Millennial Lawyers Want:  A Bridge from the Past to the Future of Law Practice (Aspen Publishers, 2019), I predicted that some of what Millennial Generation lawyers want will also be true of Gen Z lawyers.  At the time, however, it was too early to gauge.  But now the voices of Gen Z lawyers are being heard loud and clear.

Here is a conversation transcript that should get the attention of Gen Z lawyers and law firm management, especially.  Find out what is important to Gen Z lawyers and what those young lawyers want.  Discover how they value flexibility as compared to how they value high salaries — and what the trade offs may be.

This is not a subject that law firm management should discount or shy away from.  As the article points out, young lawyers are very dynamic in terms of their worklife and change jobs often.  If they cannot find what they want in one firm, they will leave for a firm that promises more.  The days of loyalty to firms and spending 20 years at one shop is long gone.  Like Millennial lawyers, Gen Z lawyers are not to be taken for granted.

The conversation is long, but you do not have to read it at one sitting.  The important thing is to get the information to find out what your contemporaries think and what law firms should take seriously.

And while you Gen Z lawyers are at it and paying attention to your careers, don’t forget to get a copy of my most recent book, New Lawyer Launch: The Handbook for Young Lawyers (Full Court Press, 2023).  It will give you a leg up on the competition and eliminate the guess work. More than 15 practicing lawyers from Gen X to Millennials join me in sharing the facts and proven strategies to benefit entry-level lawyers.

Lawyers from Generation X to Millennials sharing their best advice for career success.  A must read.  Just do it!

 

 

 

 

 

 

 

 

 

 

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In Praise of Court TV

This —praising court TV —may sound strange coming from me.  I try to stay above the fray.  No Night Court for me!  I am a professional.

So you will understand why I am not truly proud of finding myself “glued to the tube” for the last two days watching a televised hearing in the Georgia case involving the allegations of election interference against former President Trump.  The hearing is, in my opinion, a great departure and distraction from the important issues involved in the case, nevertheless I recognize that it has value.  For law junkies like me, but, most important, for law students and entry-level lawyers.

I am a child of the law.  My interest in law started when I was a small child and my lawyer Dad took me to his office from time to time.  On some of those days, he and I would walk to the courthouse where I would sit on a bench in the hallway while my Dad met briefly with the judge or with the clerk of court to file a paper.  I had no idea what those papers were all about, but I loved just being in the historic courthouse with its high ceilings and huge portraits of men in black robes too high for me to see clearly but lending to the feel of serious business.

The rest is history.  I never gave up those early feelings of reverence that blossomed full into what I am today and have been for the last 45 years of my life.  A law junkie.  And that law junkie part of me has been on full view over the last few days.  Whether I like it or not.

Some people, including me, wish that cameras were allowed in the courtroom of the United States Supreme Court.  That could be very instructive and provide the opportunity to see and hear some of the great legal minds of our times at work, both judges and litigants.  But it is not the best opportunity to view what is most important for young lawyers to know and to learn.

That distinction goes to the trial courts where cameras are allowed in many jurisdictions today.  That is where you learn how to address the judge, how to question a witness, how to respond to objections from opposing counsel, how to move documents into evidence, and how to make persuasive arguments pertaining to both the facts and the law. It is where you are not impressed by the stateliness of the surroundings and where those in the courtroom remind you of the common folks you see and hear every day.  Those are the courtrooms and the people of your future, at least for most of you.

So, tune in with me and watch what is going on in a trial court in Georgia.  And visit local trial courts in person.  Take a break from studying contracts or billing hours.  Sit in the back of the courtroom for awhile and take it all in.  Imagine yourself doing it.

Oops …  I have to go.  Court is back in session!

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Is Handling Medical and Family Leave Really That Difficult for Firms?

This one is hard to believe.  Above The Law recently reported on a law firm that took the “opportunity” to remind its attorneys that being on medical or family leave does not mean what it implies —- that the lawyer has temporarily LEFT the law firm to deal with serious needs that require attention and can be life-threatening.  As in, those lawyers have departed the firm, and the firm must figure out a way to deal with this temporary circumstance.

The communique in question, from a law practice co-chair, stated clearly that there is enough time in any day for lawyers on leave to check e-mail and respond as required.  Yes, you read that correctly.  On leave does not mean left.  Really?  Really!

It seems to have been settled long ago, in 1993 to be precise, that the Medical and Family Leave Act provided for LEAVE.  It could be interpreted as “leave me alone for awhile” because I have a serious situation to deal with— either of the medical or family variety — that the law considers important enough to be protected.  And since the enactments of that law, firms have been dealing with leave situations by devising simple systems to reroute inquiries and other matters directed to attorneys on leave to those who are not on leave.  Period.  Full stop.

Until now, I guess, when the absurdities of present day life in general are working their way into law firms and managers who should know better.  And, as pointed out in the article, that is not only bad for the individual lawyers, and for the law firms, it is also bad for clients.

Fortunately, for law firm managers who remain clueless, the article provides simple recommendations for how to handle matters affecting lawyers on leave.  It is not rocket science.

As I often have written and said, lawyers are better than this.  It is time they acted like it.  Here is the article for your reading displeasure.

 

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Calling All Senior Associates!

In a surprising development in law firm world, senior associates are suddenly in high demand — a real change from even a year ago.  We all recognize that associates become more valuable as they gain experience and climb law firm ladders, but this is something different.  Now senior associates are especially sought after outside their firms as laterals, according to an article in the American Lawyer earlier this week.

Being the subject of lateral hiring changes the game for associates.  It puts experienced associates at the heart of the bargaining process like never before.  An associate recruiter at Major, Lindsey & Africa, as quoted in the American Lawyer and reported by Above the Law, attributes this market shift to the the lack of training for associates during the pandemic, which has created a need at firms for associates with transferable skills.  Firms are desperate for senior associates who can run a deal or a case without much supervision.  And it seems that associates with 6 years or more experience are taking advantage of that opportunity.

Here’s the Above the Law article.  Check it out and share with your friends.  Some of you may want to dust off your resumes and test the lateral market.

It is so nice to be wanted!

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More on A Possible BigLaw Associate Exodus

Last week I blogged on women in BigLaw and the option of in-house practice.  This week I am continuing on that theme.  My updated information, however, is not limited to women attorneys but also predicts an exodus of BigLaw associates within the next year.  This prediction, from the legal recruiter Major, Lindsey & Africa (MLA), as reported on Above The Law, is based on a survey of 300 BigLaw associates.  The results showed that 1 in 4 are planning to leave in that time frame and that 3 out of 5 are disappointed that that their firms aren’t working hard enough to retain them.  The explanation from MLA is as follows:

Firms have been, on a numerical basis, able to retain more associates than they bargained for because the market has been down.  But since [the second quarter of 2023], things have been better in the markets where [we] recruit.

This prediction is also based on information about practice areas that appear to be in revival mode.  According to MLA, examples are M&A, general corporate, litigation, white collar, and labor and employment.  In other words, major practices are doing very well, which is very good news, and it opens up opportunities for relocation.

So it appears that the ball is in the BigLaw management and leadership court.  It will take some TLC and effort to keep associates from bolting in mass in this reinvigorated market, but that should not be too difficult for top lawyers to figure out.  If they need any help in discovering what associate lawyers want, they always can read my books!

For more background, see this article from Above The Law.

 

 

 

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