I took off Friday and headed to a small town called Shade Gap in Pennsylvania. My family owns property just outside of Shade Gap and, every spring and fall, a group heads up for a camping trip.

If the town is remote (population 97), the property on which we camp is even more so. It is surrounded on three sides by state game land and is primarily wooded. There is a dirt road through the woods that leads to a clearing, on which we pitch our tents, build our fire and spend most of our time.

There are certain traditions that have evolved — pizza grilled cheeses, a circle of chairs around the campfire, games during the day and a creepy, late-night hike through the woods to an abandoned house that sits on the property.

But my favorite part of these trips is disconnecting from the “real world.” Phone reception is limited, there is no running water and there is no electricity. Unless you drive into town, you will not see anyone other than the camping group for the entire weekend. The nearest store is about a 25-minute drive away.

I give myself permission to put the “out-of-office assistant” on my email and to leave my cell in the car for this trip. I give myself permission to leave my real life and all of the obligations, responsibilities and stress in Baltimore. For this weekend, my purpose is to enjoy the scenery and the company.

Aside from cooking and games (Frisbee, wiffle ball, boccie ball, etc.), there is no agenda on this trip. There is nowhere else to be and nothing else to be doing.

Time in Shade Gap seems to stand still; the hours stretch to the point that any concept of time is eventually lost. At noon on Saturday, for example, I was certain that it was nearly dinnertime. Read the rest of this entry »

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I just finished putting together my materials for the MSBA Annual Meeting. I will be speaking Thursday morning during the conference about how lawyers can use social media effectively and without getting themselves into trouble. My presentation will be part of a broader session that will also include technology tips and online resource pointers. It will be in the morning, but yes, I have been promised that there will be coffee. (Pastries too, I hear.)

My presentation will focus on how social media can be used effectively by lawyers. From blogging to LinkedIn to Facebook and Twitter, social media can help you find new audiences for your work and can put you in control of your professional reputation. There are a few lawyers who have perfected the art of using these social media platforms for professional purposes.  Check out the Connecticut Employment Law Blog, the Ohio Employer’s Law Blog, and The Employer Handbook.

My materials include, among other things, a list of tips on how lawyers can use social media effectively. I think one of the most important is, “don’t be afraid to show your personality.” Tastefully and professionally, of course, and in moderation.

We spend so many of our waking hours thinking about work and do so much of our communication and networking electronically that it is far too easy for us, the online generation of lawyers, to lose who we are as individuals. We may not think about it, but in divorcing our personal lives from our professional lives so completely, we are losing the things that set us apart and that can help us naturally identify with colleagues, potential clients and referral sources.

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Dear Recent Law School Graduate:

I am sorry it has been such a long time since I last wrote, but the life of a lawyer is not easy. It’s been almost two years since I last wrote and a lot of things have changed and a lot of things are the same.

I made partner this year, which has required more (non-billable) work. The kids are getting older: Braden is almost five and Kyan is a rambunctious two-year-old. Some days, Michelle and I battle to a draw with the kids, but for the most part, they are winning the war at home. I’ve even been able to squeeze in a few marathons since I last wrote, most recently one in New Jersey on Sunday.

But enough about me (and the potential discussion on partnership, family planning and work-life balance). Let’s talk about you.

The legal job market is still fairly tough, especially for new lawyers. Firms are looking for attorneys with some experience, but new attorneys can’t get experience without getting a job. It’s our own legal Catch-22.  There have been reports of a comeback, but that is probably of little solace if you are still looking for a job. My advice on the job search remains the same:

When it comes to the economy and available legal employment opportunities, I do not envy you. We all know that it is a tough market out there. Legal jobs are scarce and the competition is brutal, but keep your head up. The toughest legal job to find will be your first one. All you need is one offer.  I remember the stack of rejection letters that sat on my coffee table years ago. I also remember when I got my first offer (thanks Judge Murdock) and the excitement I felt to start my career. It would do a lot of attorneys good if they remembered how hard it was at the beginning. We forget sometimes, as if we never struggled in court or with a client or to find a job.

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I recently had a case that was settled for much less than the client or I would have wanted. What started out, by all appearances, to be a strong plaintiff’s case unraveled as unexpected evidentiary issues plagued us. To say this outcome was a disappointment would be an understatement. I felt terrible that I was not able to do more for my client.

Yet I took some relief in knowing that I kept my client fully advised throughout my representation, that my client knew that this could be the outcome, and that I did everything I could do to advance my client’s case. I reminded myself that, despite my efforts, we simply cannot win them all.

Oftentimes our clients want us to tell them what the outcome of their case will be. They want to hear that they have got a slam-dunk case and that everything is going to go their way. They believe that, by virtue of retaining a lawyer, they are going to obtain the relief that they seek. They believe that, because they are on the “right side” of the case, justice will prevail.

Yet, lawyers don’t have crystal balls or magic wands. The fate of a case rests with a judge or jury and with what you can prove. Thus, the vast majority of cases settle because the client is able to maintain control of settlement negotiations and the ultimate outcome. Most clients are simply not willing to “roll the dice.”

We have all been before a judge or jury who we thought got it wrong, whether legally or factually. We have all had cases that looked to be an easy win that turn out to be anything but easy.

There is a mantra in the business world to under-promise and over-deliver. Yet, if we under-promise too much, we run the risk of losing the client to an attorney who expresses more optimism about the case. Conversely, if we over-promise, we run the risk of proceeding with a client who has an unrealistic view of the case. This may cause unintended consequences, like a client who will not accept a fair settlement offer and insists on going to trial, certain the million dollar verdict is a foregone conclusion.

So how do we realistically manage our clients’ expectations without losing business? How do we toe the line between being a counselor and being a business person?

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Since January 1, I have been a partner at Bowie & Jensen LLC. As I previously posted, this is the promotion that I have worked for since starting at the firm in 2004. When asked to join the partnership, there was no doubt in my mind that I would accept. I realized that there would be some additional work, but knew that the benefits would outweigh the costs.

Fast forward four months. Partnership is not simply a couple of additional meetings a month or a new title. Partnership is ownership.

In addition to handling all the duties of a full-time litigation attorney, I am now dealing with managing others and managing the firm. Part of my job is to make sure that the firm is running efficiently and effectively. I spend more time thinking about the future of the firm, looking to increase our client base and making sure the lights stay on. The difficulty that I have faced is the balance between real legal work (i.e. billable time) and firm management. In an attempt to resolve the balance, I have been simply working longer hours. This, however, takes away from hours with family or friends or much needed personal time.

Don’t get me wrong, I enjoy being a partner and part of the decision making process. I have a larger role in choosing the direction of the firm. I enjoy being a part of management.

But for those that are up for partnership this year, here are a couple of things that I believe will help the transition:

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As lawyers, we can get as wrapped up as anyone else in the latest media-hyped news. Often the news is law-related, giving us the chance to consider what lessons we can draw from these events.

The story surrounding the death of Trayvon Martin is one example. A couple weeks ago, lawyers for George Zimmerman, the man now formally accused of second-degree murder, publicly withdrew their representation in a press conference. Such a “noisy withdrawal” may have costly consequences under the Maryland Lawyers’ Rules of Professional Conduct.

Specifically, Rule 1.6 prohibits a lawyer from disclosing client confidences. And, Rule 1.16 outlines the reasons a lawyer may terminate representation and mandates that a “lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client.”

Many reasonable people might make a negative assumption about a lawyer’s withdrawal from a case without any statements he or she might make as part of the action. Zimmerman’s attorneys arguably took this danger much further. The (arguably) negative portrayal of Zimmerman and the public revelation of unfavorable details about their attorney-client relationship could have a devastating impact on his case.

Zimmerman would have been better painted as someone who is confident, alert, and interested in his defense. Instead, they have arguably painted a picture of someone unstable and running scared and, as a result, potentially helped to taint the jury pool should the case go to trial.

In contrast to Mr. Zimmerman’s situation, former presidential candidate John Edwards’ case has seen a lot of turnover during its pendency. But each defense lawyer withdrawal — about four at this point — only came with a court filing, never a press conference. As a result, it seems that despite many very unfavorable details, the outcome of Edwards’ case still seems unpredictable. In any event, we’ll learn the fate of both men soon.

As we get caught up in the latest headlines and become “talking heads” with our friends or loved ones at home, we might step back and consider how these situations might inform our own cases. And, before making any important decision impacting our clients, make sure we consult the Rules.

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