In the opening scenes of “Jerry Maguire,” the main character, a self-described “shark in a suit” sports agent, has an epiphany and types out a “mission statement” that he then distributes to all the other agents in his firm. He titles it “The Things We Think But Do Not Say” and writes his agency should re-focus on client service and relationships with the players it represents and ultimately become an agency that represents fewer clients and makes less money.

When he walks through the room for the first time after his mission statement has been distributed, his colleagues all start clapping. While Jerry basks in his colleagues’ applause, one leans to another and says that Jerry will probably last only another week at the agency. If you’ve seen the movie, then you know that Jerry is fired shortly after distributing his mission statement and that his own words (“Fewer clients. Less money.”) are used against him by the man who fires him — the wonderfully named Bob Sugar.

I mention Jerry Maguire as a way into what has happened at mega-firm Dewey & LeBoeuf LLP in recent weeks and what is means for everyone who practices law. As you have probably read, Dewey & LeBoeuf will almost certainly be forced to close its doors in a matter of days. Most of the partners have jumped ship to other mega firms. For a time, all employees were rumored to have lost their health benefits due to the firm’s inability to pay its carrier. Its former managing partner is being investigated by the New York District Attorney.

As I understand it, the firm’s downfall was caused in no small part by guaranteed payouts to partners based upon their past ability to generate work. The New York Times has called Dewey & LeBoeuf a cautionary tale and has suggested — much like Jerry Maguire — that it is “time for lawyers to reshape corporate practice so they make less money, have time to serve other legal needs and approach their work with the independence that would make them true professionals.”

Read the rest of this entry »

Powered by Bookmarkify™

Most people by now have had experience purchasing or using a coupon from Groupon, Living Social, Plum District and similar websites. Aside from a couple of incredibly annoying experiences with two purchases from Living Social, I have been a content consumer of these coupons.

Recently, the ABA Journal provided an overview of ethics opinions on lawyers and law firms using these services. The state bar associations in North Carolina, South Carolina and New York have issued opinions suggesting it’s OK for lawyers to jump on the deal-of-the-day coupon bandwagon. As this phenomenon spreads, I am willing to bet that more bar associations will also opine on the issue. Here are three main concerns discussed in these opinions:

1)  Does this kind of payment arrangement amount to fee splitting with non-lawyers, which is prohibited by Rule 5.4 of the ABA Model Rules of Professional Conduct, as well as the ethics rules of all the states?

2) Are advertisements for discounted legal services using this “couponing” method inappropriate for attorneys to use from a professionalism or appearance standpoint?

3) Is a “couponing” for business a good business model for attorneys?

One analysis of the fee-splitting issue says it does not amount to more than a payment of reasonable advertising costs. The South Carolina Bar’s advisory opinion states the fee charged by the website operator amounts to payment of the reasonable cost of permitted advertising by a lawyer rather than sharing the lawyer’s fee.

Read the rest of this entry »

Powered by Bookmarkify™

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:

Read the rest of this entry »

Powered by Bookmarkify™

In just a few short months I’ll be getting married, and that means I’m in full-on planning mode. Turns out that planning a wedding is basically a full-time job, so when I’m not at the courthouse, I’m emailing my caterer, buying out Michael’s, and of course, re-pinning every genius idea I find on Pinterest.

While the majority of wedding planning is really fun – cake tastings, anyone? – there is one formidable task: the guest list. Of all the decisions we’ve made so far, cutting people from the guest list has been our least favorite. A particularly hairy issue brides and grooms encounter is whether to invite co-workers.

Most young lawyers spend more time with their co-workers than with their own family. Provided you actually like your co-workers, it seems natural to invite them. The problem arises when deciding where to draw the line: if you invite another associate, do you need to invite all of the associates? If you invite one partner in your practice group, should you invite all of them? The whole firm?

The obvious answer is that you should only invite co-workers who will give you really great gifts. Just kidding (sort of). While there are no etiquette rules directly on point, it seems to me that the most important factors to consider are the size of your venue and budget, whether there is the potential for hurt feelings, and whether you are comfortable with a colleague listening to the best man’s speech about your raucous college adventures.

For me, it was an easy decision: I consider my chambers co-workers to be friends, and there are only 2 of them. My boss is officiating, so that was a no-brainer, too. It seems, however, that if I were still at the firm or in a different work setting, who to invite would be a difficult choice.

So I pose some questions to you, blissfully married Generation J.D.ers – when you got married, whom did you invite from work, if anyone? Did anyone have hurt feelings? What would you do differently?

Powered by Bookmarkify™

One of the benefits of striking out on your own is that you can finally have the law firm you’ve always wanted. All of those experiences from prior jobs can be distilled into your firm’s philosophy, used to create your ideal work-life balance and inform the technological purchases you make.

Actually, it might be more accurate to say that you can eventually build the law firm you’ve always wanted. So many of those first decisions are based on necessity.

One of the common complaints from BigLaw lawyers is that the only option is a work-life imbalance weighted heavily in favor of work. The culprits are common enough: long commutes, heavy billing requirements and a need to impress the higher-ups in hopes of access to the partnership track. In that type of culture, it can be difficult to ask for time off or to suggest some type of alternative working arrangement (like once-weekly telecommuting).

I think smaller firms tend to have a better track record for some things — telecommuting seems a little more common, for example. All of my past firms have been understanding on the time off issue. My biggest concern has long been the ability to get two days off with almost zero notice when we get foster care calls. Fortunately, it has never been a problem.

My second concern, as most parents know, is being able to call out on days when the kids can’t make it to daycare. Somehow it always worked out, but I can’t help but feel a bit guilty about taking unplanned time off.

Read the rest of this entry »

Powered by Bookmarkify™

In an effort to become more organized and more environmentally friendly, I am attempting to make my life paperless (or at least, my work life paperless).

Throughout the course of any attorney’s day, he or she will review documents, draft pleadings, take notes and read case law. My personal method of organization would be to have case-related, binder-clipped stacks of documents on my desk with either a Post-it or letter-sized piece of paper of to-do’s for each case. I would also have a corresponding handwritten list, which was a compilation of everything that I had to accomplish for all of my cases. Finally, I would have an electronic version of the list saved in my firm’s system in the event that someone has to take over a case because I am indisposed. (What would happen to my cases if I get hit by a bus?)

I would then spend time crossing off and adding additional work from the lists. I would review pleadings and case law and documents in paper form, all the while making handwritten notes, highlighting relevant text and leaving Post-it notes to mark important sections. Then, I would have to get these notes scanned in, so I would have an electronic version of my work just in case something happened to the hard copies. (What would happen if a tornado hits my office and all of my stuff were destroyed?)

This system works for me, but it was time-consuming and took extra effort to keep organized. So began my quest to go paperless and become more efficient. My goal is simple: use as few hard copies as I can, save a couple of trees, get more done in less time and decrease office expenses for the use of the copier, ink and paper.

The first thing I did was get an iPad. (Actually, it was supposed to be an iPad my wife and I would share for family stuff, but since I take it to work with my every day, I think she has resigned herself to the fact that I have claimed it. I have promised to get her one for her birthday or if we win the $540 million Mega Millions jackpot). I then downloaded a few very helpful apps:

Read the rest of this entry »

Powered by Bookmarkify™