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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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 of a couple weeks ago, I am no longer a solo practitioner. Although I’m joining a great firm, there are many things I’ll miss about solo practice, including the opportunity it gave me to grow as a leader, test myself in new and unexpected ways and help people I would otherwise not be able to.

As a solo attorney, you are the one leading your law practice, which is a business, just like any other professional services organization. You are frequently the CEO, CFO, CTO, and marketing director all rolled into one, and how you balance those roles will determine your business success. But while you’re juggling all those things, you first have to do good legal work and give your clients great customer service.

Fortunately for me, I had a number of years of experience before I went solo. This not only gave me a level of comfort with the legal work, but it also allowed me to tap into a network I had cultivated over that time.

These days, times are hard and a lot of lawyers are hanging their own shingle fresh out of law school. My advice for those young lawyers is to carefully prepare and consider writing a business plan that includes answers to the following: what resources do you need (office space, phone, computer, etc.), what area of law will you practice, how will you attract clients and market your services and how much income do you need to survive.

There’s plenty more to think about but also plenty of resources to help you figure out the answers to your questions and help you develop a successful business plan. One place to go is the Law Office Management Assistance department of the Maryland State Bar Association. There you will find a wealth of resources to help you develop and design your law practice. While it will not always be easy, it will be liberating.

My own experience as a solo was both rewarding and challenging and took me to places I’d never thought of, including the opportunity I have now to be a part of a new office within long-established, reputable firm.

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In my first-year torts class, the professor told us during our first meeting that learning the vocabulary of a lawyer was important. He told us that someday, the potential clients who would seek us out would expect us to “sound like lawyers.” He advised us to get the pocket version of Black’s Law Dictionary, look up any word we came across that we didn’t know, check the margin and then try to use it in a sentence within the next 24 hours.

I remember thinking it was a funny thing to advise, to “sound” like a lawyer. Nonetheless, as a dutiful first-year, I took his recommendation to heart, bought my Black’s and faithfully marked up my copy over the next few years.

I had almost forgotten about his comment until I was preparing for the bar. One of the teachers I had gave the class some very strange advice: if we encountered an essay question to which we didn’t know the answer, we should isolate the area of law and just start underling and defining vocabulary words.

All of us in the class chuckled nervously and glanced at one another. He waited for that to subside.

“I’m serious,” he said after the murmurs subsided. “They want you to sound like lawyers.”

He paused a moment before adding, “The rest is up to you!”

I think often of these two instances when I am speaking with colleagues, clients and even people in other professions at networking events. It is true that attorneys are expected to “talk the talk” the same way insurance salesmen, plumbers and bartenders have specific lingo their clients expect them to know.

The real key, I think, is knowing the appropriate time and place to “sound like a lawyer.”

I can tell you from experience it isn’t at home when you might be, say, discussing kids’ carpool arrangements or their weekend sports schedule with your wife. It also isn’t when you’re explaining what you do to a class of preschoolers or kindergarteners during a career day. It isn’t even really at networking events when asked to explain what you do. In those instances, your elevator pitch has to be accessible to everyone listening, not just the other attorneys in the group.

In fact, it seems that most often, this “sounding like a lawyer” business is a performance for a client, opposing counsel or a judge, each expecting the jargon and ready to counter with their own.

The more difficult task is figuring out how not to sound like a lawyer, and, as you might be able to tell, I’m still learning.

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Roger Fisher and William Ury wrote a book over 30 years ago, “Getting to Yes: Negotiating Agreement Without Giving In“. Some of you may have seen, heard of, or have read the book, as it is used in college and law school classes to teach negotiation tactics and skills.

The book focuses on the method of principled negotiation based on four propositions: 1) separate the people from the problem; 2) focus on interests, not positions; 3) invent options for mutual gain; and 4) insist on using objective criteria.

(Admittedly, I read only a portion of this book for one of my political science classes when I was an undergraduate at the University of Maryland, College Park. The actual book from college is currently sitting on my nightstand waiting to be reread for the very first time.)

For a number of conflicts, dispute resolution such as negotiation should assist in making the best, most cost-effective and reasonable decision. In other situations, the only answer is “no.” For me, these situations do not arise during my course of dealings as an attorney with clients or opposing parties in litigation — they arise when I am dealing with requests from other commitments.

If you are a regular reader of Generation J.D. or a reader of my blog, you may know that I am a major proponent of attorneys becoming involved with the Maryland State Bar Association, their local bar association (Baltimore County for me), and their community. Getting involved is an easy three step process: 1) show up; 2) do good work; and 3) repeat. Before you know it, you will be asked to do more good work. You may move up the chain of command and might chair a committee or become a member of an organization’s board of directors. More doors will open and additional requests on your time will be made. (It almost sounds like “Oh the Places You’ll Go!” by Dr. Seuss). Read the rest of this entry »

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“The Artist” took home the Oscar for Best Picture last Sunday during the 2012 Academy Awards. Adele won the Grammy for Record of the Year (among a score of other wins) last month for her album, “21.” And, right now, we are in the midst of awards season for attorneys.

Each year, a host of awards are provided by different organizations in Maryland, including the Maryland Bar Foundation, Pro Bono Resource Center, The Daily Record and the American Bar Association. These awards include honors for young lawyers.

For those of you whose practice reached beyond billable hours to focus on the betterment of the community through pro bono work, public service or professionalism, then recognition is deserved. And while you may not focus on trying to win an award when you are helping a pro bono client deal with legal issues or spending Saturday afternoons serving food at a soup kitchen, young lawyers that are “do-gooders” should be recognized.

So, if you are one of these people or know someone that fits the bill, there is an application waiting to be filled out. The list below, while not exhaustive, is a starting point for awards.  Consider nominating someone that has made a different and helped out profession.  They deserve it.

– The Maryland Bar Foundation’s Edward F. Shea, Jr. Professionalism Award is given to a young lawyer who demonstrates pride, dedication  and adherence to the highest standards of integrity, civility, and compassion.

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