JD Bliss

Partner Likeability: A Factor in Associate Retention

The Detroit (Great Lakes) regional office of one of the leading organizational consulting firms in the country, Right Management, recently published an email newsletter article on "likeability" - defined as a person's capacity to consistently produce positive emotional experiences in the lives of other people. Based in part on groundbreaking research by author Tim Sanders, author of The Likeability Factor, the article notes that "likeable" business leaders are more effective at inspiring, motivating and engaging their employees, attracting and retaining new employees, and building trust and confidence of those they try to lead; in contrast, "disliked" leaders risk compromising the success and profitability of a business.

The article submits that "likeability" is a skill that can be developed and nurtured with appropriate training. What is required is for individuals to step outside themselves, listen to the tone of their voice, observe their style of dealing with others, listen to feedback from others, and gauge their effectiveness in influencing others.

The article provides a link to a "likeability" assessment developed by Tim Sanders that individuals can take to measure their "likeability" score (it asks questions like - "do you smile often and have a pleasant voice?" or "do you have a postive and optimistic attitude even when things are going badly?")

See the full article here.

The relevant message for law firms is that many associates cite difficult or mean-spirited partners as a major reason for leaving their jobs and transitioning to another firm. According to a study by CareerBuilder.com, “the quality of an employee’s relationship with a supervisor is the #1 variable affecting why people stay or quit.” Applying this notion to law firms at a recent forum sponsored by the Women's Bar Association of Washington, D.C., Eric L. Bernthal, a managing partner at Latham & Watkins LLP, explained that individual relationships between supervisors and junior lawyers are the crucible where career decisions get made, and the basis upon which many attorneys decide whether to stay at a firm or leave.

It therefore behooves firms interested in reducing associate turnover to provide training to their partners and other supervising attorneys about how to be more "likeable," and thereby become more effective managers and leaders. Training might cover skills such as "how to provide an effective performance review," "how to communicate expectations," and "how to provide constructive criticism." Instead of using fear and humilitation, supervising attorneys need to learn how to inspire and motivate through respect and decency. What is at stake is keeping associates happy, or watching them walk out the doors - at a major cost to the firm.

Paralyzed Mom Sworn in as Lawyer

In November 1992, Janette Lawler became paralyzed from the neck down in a car accident. That tragedy, however, didn't stop Lawler from pursuing a legal career. After graduating from law school in May 2004, and passing the bar exam earlier this year, Lawler was sworn in last week as an attorney. Lawler's inspiring story provides a message of hope and optimism to others who suffer setbacks and seek to summon the courage to move forward with life against the odds. It also puts life into perspective for those who enjoy good health; that is, when petty concerns or annoyances threaten to distract us from what is truly important in life, it behooves us to pause, reflect on our good fortune, and refocus on the bigger picture.

Success Story Update: Former Litigator Warren Brown to Launch Energy Bars With Taste

We previously interviewed Warren Brown about his fascinating transition from government litigator to baker and the star of his own cable TV show, Sugar Rush. The buzz now is that Brown is breaking into a new market with a line of energy bars. Never one to compete on price (his cupcakes cost $3), Brown says he'll win over customers with superior taste (he says existing energy bars taste like sawdust and have a bitter chemical aftertaste).

Good luck, Warren. See the full story here.

Book: The Lawyer's Guide to Balancing Life and Work, Second Edition

The ABA has recently published a new edition of George Kaufman's acclaimed The Lawyer's Guide to Balancing Life and Work. Kaufman first examines how the profession has changed over the last five year, then offers philosophical approaches, practical examples, and valuable exercises to help lawyers reconcile their goals and expectations with the realities and demands of the legal profession. You'll find information on empowering yourself to take charge of your environment and how to achieve your plan for personal growth.

Says Jim Jones, a former partner at Arnold & Porter: "The Lawyer's Guide to Balancing Life and Work offers a helpful roadmap to sorting through the difficult challenges of achieving a satisfying and rewarding career while maintaining a meaningful quality of personal life. It is important reading for anyone who cares about the future of the legal profession."

Buy on Amazon.

High Attrition Rates Open Doors for Attorneys Returning to the Workforce, But Hurdles Remain; ABA and Hastings College of Law Launch Programs

Typically, it's been tough going for attorneys who temporarily stopped practicing law to spend more time with family or for other personal reasons, and then seek to return to law firm jobs after the kids were grown or family finances changed. Such attorneys were often viewed as not being serious about their careers. Firms also struggled with questions of hierarchy - that is, where to position an older, returning attorney within the firm in terms of pay and rank.

But according to a recent article on law.com, with attrition rates at their highest levels ever, many law firms are now accommodating lawyers seeking to transition back into full time work. Additionally, law.com reports that both the American Bar Association and the University of California's Hastings College of the Law in San Francisco have launched initiatives to help attorneys who have stopped practicing to lay the groundwork for a smooth transition back into the profession.

The ABA project, now with chapters in New York and Washington, D.C. will organize seminars for attorneys not presently working to keep them abreast of important legal developments in their fields. Interested attorneys can contact Skadden Arps partners Kayalyn Marafioti or Linda Hayman in New York or DLA Piper Rudnick partner Ann Ford in Washington, D.C.

The Hasting's program will advise returning attorneys on practical issues, such as how to explain the gap on their résumé, what kind of networking they should be doing, how to negotiate a part-time salary and schedule, and how to juggle new work life balance demands. Interested attorneys can contact Joan Williams at the Center for WorkLife Law (see photo at right).

That networking and keeping abreast of major legal developments in one's area of expertise remain the key ingredients for a successul return is evident from the "success story" of Amy Goodman, now a partner in Gibson, Dunn & Crutcher's D.C. office, who was hired by the firm in 1998 after spending 11 years at home with her children. Goodman had worked as an attorney at the Securities and Exchange Commission for 11 years, and remained involved with the securities world during her time at home by working as an author and editor of several books and newsletters on securities and corporate law. Goodman advises: "[i]n the midst of raising kids, you think you are going to be a parent forever, but children's needs change over time. It would behoove attorneys who have taken some time off from practice to think about keeping in touch and not closing doors."

On the opposite side of the spectrum is a 45-year-old Rockville, Md.-based attorney who attended a lower-ranked law school who is returning to the workforce, as a result of getting divorced, after 10 years at home taking care of her three children. Despite several years' experience working for Deloitte & Touche and seven years as a staff attorney at the Environmental Protection Agency, she still has not found a steady full time job.

Read the full law.com article here.

Lawyer Parenting Tip: Eat Dinner With Your Children

Lawyers with kids who constantly find themselves stuck at the office each night might want to consider periodicially scheduling a "family dinner" night -- may we suggest once a week? Research by The National Center on Addiction and Substance Abuse (CASA) at Columbia University consistently finds that the more often children eat dinner with their families, the less likely they are to smoke, drink or use drugs. CASA adds that the conversations that go hand-in-hand with dinner will help you learn more about your children’s lives and better understand the challenges they face.

To promote family dinners, CASA created Family Day – A Day to Eat Dinner with Your Children™ in 2001. Family Day is celebrated on the fourth Monday in September. But we hope busy professionals will somehow find the time to eat dinner with family more than once per year.

To learn more about Family Day, see here.

At least one attorney who doesn't seem to be getting much dinner time with his family is O'Melveny & Myers partner Brad Butwin. According to a recent post on the WSJ Law Blog, The Rachael Ray Show will pay tribute to Butwin and his family as America’s "prototypical" family that never eats dinner together.

50% of MBA Students Cite "Work Life Balance" as Career Goal

As further evidence of the growing demand among professionals for work life balance, is a recent survey of MBA students by Universum Communications in which 50% of respondents cited work-life balance as a major career goal, followed by "build a sound financial base" (37 percent) and "influence corporate strategies" (28 percent).

Working Mother Magazine Releases 100 Top Places to Work; 3 Law Firms Make the Grade

Working Mother magazine today released its annual list of the top 100 places to work, with its chief executive observing that in order to retain female employees, a growing number of companies are offering customized schedules.

Three law firms made the cut: Arnold & Porter, Covington & Burling, and Pillsbury Winthrop Shaw Pittman. Congratulations.

See the Working Mother release here.

Law firms that want to learn the top 5 strategies for retaining women attorneys and associates in general, should attend our webcast on the subject this Thursday, September 28th, at 12:30 p.m. EST. You can register here and view the program agenda here.

Demands of English Lawyer Mums For Better Hours Changing the Face of Legal Profession in Great Britain

Work life balance is not just a pressing issue at American law firms. Goldman Naylor, a new legal recruitment firm in England, reports that more English law firms are offering flexible working options in an effort to lure talented women attorneys. Goldman Naylor founder, Catherine Naylor, notes that "the time when career pressures for lawyers are greatest - in their thirties when they are expected to put in the extra effort to make partner - is also the time many women are starting a family." As the pool of women attorneys facing these work life challenges continues to grow, Naylor predicts that the face of the profession will change.

Judge Grants Motion to Compel Acceptance of Lunch Invitation; No Appeal of Bill Expected

To those who think humor doesn't see the light of day in a courthouse, we offer this link (PDF, 12KB) to a recent order of the Superior Court of Arizona, Maricopa County in which Judge Pendleton Gaines granted the motion of plaintiff's counsel to compel defendant's counsel to accept a lunch invitation. Apparently, defendant's counsel initially demurred (even though his adversary offered to pick up the tab) on the ground that the invitation was a subterfuge intended to dissuade him from the merits of his client's case.

Judge Gaines would have none it, expressing his confidence in "defendant’s counsel’s ability to withstand Plaintiff’s counsel’s blandishments and to respond sally for sally and barb for barb." To bring matters to a head, Judge Gaines identified alternate venues (consisting of some of the finer restaurants in Phoenix), directed the cost of the meal to be divided pro rata, and suggested that serious discussions only start after counsel had finished their meals (apparently based on the judge's personal experience, shared in a footnote, that empty stomachs are not conducive to collaboration).

While unable to locate statutory authority for his order, Judge Gaines concluded that granting plaintiff's motion was within the inherent powers of the Court.

No word yet on whether defendant's counsel will appeal (hungry parties are invited to file amicus briefs in the event cert is sought).

Thanks to Larry Bodine of the Professional Services Marketing blog for bringing the order to our attention.

Interview: Carolyn Elefant: The Joys of Going Solo

Carolyn Elefant opened The Law Offices of Carolyn Elefant in a small storefront space in Washington, D.C. (on Pennsylvania Avenue a block from the White House) in 1993. It was a time when solo attorneys were often looked down upon as fly-by-night operators who couldn't cut it at a "real" firm. Even the local bar association offered only one course on how to start a firm, and it was of little relevance to most young attorneys just starting out.

Still, for Elefant, going solo was more personally satisfying as it meant having her name on the top line of briefs and on the nameplate of her office door. Also, after her two daughters were born in 1996 and 1999, remaining solo allowed her to maintain control over her schedule and avoid relegating the care of her daughters to someone else.

Times have changed. Solo attorneys are now often admired as "entrepreneurs," a change in perception that Elefant attributes to the dot-com boom of the 90's. Elefant ultimately tapped into this trend with MyShingle - a blog focused on the rewards and challenges of starting a solo practice. Of particular utility is Elefant's On-Line Guide to Creating a Law Firm," a veritable treasure chest of forms, articles and other resources covering all aspects of launching a solo (or small firm) practice.

Elefant's advice for attorneys contemplating going solo? " I think many attorneys are reluctant to leave their comfort zone, even if they’re unhappy in it. It’s important for them to realize that there is no such thing as failing. If you have the desire to start a solo practice in your field of interest, you should do it – if you don’t, someone else in the same field will, and you’ll definitely be better off for having tried. If you can identify what you’re most passionate about in the law, the chances are that passion can be the basis for a solo practice; and your level of passion is the best gauge for the degree of success you’ll have.

Click below for our interview with Elefant.

Book: What Color Is Your Parachute? 2007: A Practical Manual for Job-Hunters and Career-Changers

Though not written specifically for lawyers, What Color is Your Parachute? has been one of the most popular guides to finding career satisfaction for over thirty years. Readers find that the book guides you through a process of self-discovery that helps you focus on what's important to you in a career ... not money, but the things that make work satisfying.

Click here to read additional reviews on Amazon or to purchase the book.

"Shark" Premieres on CBS: Is the Show Good Law?

Our "Lawyer Movies" category covers movies involving lawyers and the law, but we'll make an exception for TV shows every once and awhile.

A new "lawyer" show, "Shark," premieres tonight on CBS - it chronicles the legal crusades of Sebastian Stark (played by James Wood), a celebrity criminal defense lawyer who switches sides and joins the D.A.'s office.

What caught our attention was an analysis of the show's accuracy on points of law and legal practice by John Stillman, a veteran criminal and civil defense lawyer who spent 15 years as a district attorney in Los Angeles. In an interview with The Hollywood Report, Esq., Stillman says, among other things, that the show's pilot cites two fictional cases, but still got the law right on a key evidentiary ruling (btw, thank you to the WSJ Law Blog for the post that led us to the interview). Read a more detailed review here.

In the future, we invite readers to chime in on whether scenes from the movies we write about accurately represent the law. For example, in Regarding Henry (see post here), the opening scene shows Henry at a jury trial defending a hospital against a wrongful death claim. We later learn that Henry's firm possessed documentary evidence damaging to its client that it did not disclose to the plaintiff's attorney before trial. But was the firm actually obligated to have disclosed this evidence? This was, after all, a civil case, and it is not clear that the defendant was ever served with a discovery request that covered this piece of evidence. Moreover, Henry, after regaining his faculties following a gunshot wound, takes it upon himself to deliver this crucial piece of evidence to the plaintiff. Viewers feel justice was done, but query, didn't Henry just breach the attorney-client privilege?

We invite readers to respond to this and future "lawyer movie" posts using the comments link below.

Interview: Dennis Kennedy: Bridging the Gap Between Law and Technology

Dennis Kennedy took a career test in high school that said his personality and skills were best suited for being a judge. Following this recommendation, he spent several years clerking for judges after graduating law school.

However, as the Internet age dawned, Kennedy discovered his real love - technology. In 1995, as a partner at his firm, Kennedy established his own web site on estate planning law, making him one of first lawyers to have a presence on the Web. In 1997, he wrote his first article on a computer technology topic – the first of what are now more than 300 written print and Web pieces on law and technology that have appeared locally, nationally and internationally.

Kennedy now operates his own consulting and law practice combining legal advice with law technology consulting. His website offers a wide selection of articles, products and upcoming events relating to law and technology, while his blog is widely read for its insights on legal technology trends.

Kennedy credits Pat Bush - a career coach and counselor - with having helped him decide what he really wanted to do and develop a strategy for doing it. Kennedy acknowledges that it is a very difficult step for any lawyer to leave a firm, but still advises that if you're so unhappy at what you're doing that, for example, it negatively affects your health, it’s time to leave and seek help from a coach or counselor in charting a new career path.

Uncivil Lawyer War Story: Bully at a Deposition

From an associate at a Boston firm: When I was a first or second year associate, I made the mistake of taking the Rules book with me to a deposition with a particularly contentious opposing attorney.  Not only did he make a snide, "Why don't you look it up in your Rules book" comment, but he must have taken it as a sign that I didn't know what I was doing.  Later, after he attempted intrusive discovery which we opposed by emergency motion, he called me on the telephone and accused ME of over-reaching, yelled at me and threatened to report me to the Board of Bar Overseers.  The clincher was, when I told the partner I was working for what had happened, the partner immediately called the opposing attorney, and the opposing attorney was able to speak quite civilly on the telephone. 

Thank you to all the attorneys, clerks and judges out there who, perhaps remembering their own awkward beginnings, were gracious when I actually did make a mistake (without prejudicing their client's or others' interests). I try to pass it on whenever I can.

09/21/06: San Franciscon Bar Association, Work Life Balance Conference

Just in from Linda Marks, Director of Training and Consulting at the Center for WorkLife Law:

The Bar Association of San Francisco has a Work/Life Balance Task Force that is sponsoring its first-ever Work/Life Balance Conference on Thursday, September 21, 2006 at the Bank of America auditorium. 

A complete program description is available at:

http://www.sfbar.org/calendar/eventdetail.aspx?id=251

Canadian Bar Association Launches Podcast on Work Life Balance

At the Canadian Legal Conference in St. John’s in August 2006, the Canadian Bar Association’s Young Lawyers brought together a panel of experts to discuss the current "work life balance" situation at law firms, successful practices already in place to address the issue, and a real-life example of a law firm where recruitment and retention issues have virtually disappeared following the introduction of "balanced" policies.

The panelists were Jo-Anne Demers, a partner at the Canadian law firm of Nicholl, Paskell-Mede; James Hagy, a former partner at Jones Day and past-chair and current member of the board of trustees of the NALP Foundation for Law Research and Education; and Sonya Kunkel, who operates the Canadian office of Catalyst, a leading research and advisory organization working with businesses and the professions to expand opportunities for women at work. The session was moderated by Lisa Taylor, a lawyer and journalist who now practices as an associate at the Halifax law firm of Merrick Jamieson Sterns Washington & Mahody.

A podcast of the panel discussion was subsequently recorded and posted to PracticeLink (the Canadian Bar Association's online collection of resources offering tips and strategies for effectively managing, promoting and operating law firms).

Interested readers can click here to watch a synchronized Flash and audio version of the CBA's work life balance podcast (produced by eLawMarketing).

Click here to download an MP3 recording of the podcast (25 MB).

We're Not the Only Ones! Other Professionals Seek Work Life Balance Too!

It should not come as surprise in this day and age of 24/7 work commitments that lawyers aren't the only ones craving time for their personal lives.

According to a recent survey, work life conflict is common among registered nurses -- 50% of those responding reported chronic interference of work with their home lives, such as being unable to spend the time they wanted with their families. See the full story here.

In a totally different industry, women working in the video game industry also experience frequent work life conflicts. To address this issue, 150 video game professionals recently gathered at a Microsoft facility for Women in Games International's one-day conference, "The Balancing Act: Game Industry Careers and Quality of Life." According to an article in Gamespot News, over the course of several hours, a keynote address, two panels, and several workshops addressed how to keep happy while working in an industry famous for the stresses under which it puts its workers.

Several industries, notably the accounting industry, are years ahead of law firms in terms of addressing work life conflicts (see posts here and here). Others are beginning the struggle. We should seek ideas and innovation wherever we can find it.

Akin Gump to Share Class Action Award With Every Employee at the Firm

Law firm bonuses tied solely to billable hours don't give associates any stake in the outcome of the transactions or litigations they're working on. Accordingly, we're big fans of initiatives that provide extra "incentive" compensation to associates based on criteria other than billable hours.

On that note, we were pleasantly surprised to read yesterday in a post on the Wall Street Journal Law Blog that Akin, Gump, Strauss, Hauer & Feld plans to distribute 14% of the $58.5 million it was awarded in connection with the settlement of a class action to every employee at the firm.

Firm chair Bruce McLean hit the nail on the head when he explained the motivation for the largesse: "Without the commitment of every member of the team, we would not be successful. The firm is sharing the fee earned in [this case] to demonstrate appreciation for that commitment."

As was noted in the AmLaw 200 Midlevel Associate Survey (here), a key gripe of many associates is that they work hard to contribute to their firms' growth, but then don't share in it. More instances of "appreciation" like that taken by Akin Gump -- not based exclusively on billable hour output -- would go a long way towards alleviating this frustration and improving morale and retention.

Report from the Women's Bar Association of Washington, D.C. on Advancing and Retaining Women in Today's Law Firms

Courtesy of the blog of the Project for Attorney Retention, readers may want to read a recent report by the Women's Bar Association of the District of Columbia entitled: Creating Pathways to Success: Advancing and Retaining Women in Today's Law Firms.

The report focuses on three questions:

• What are the stumbling blocks preventing women from advancing farther and faster within the legal profession?
• What are DC firms already doing to retain and promote women attorneys?
• What new ideas and approaches are there to stem the departure of women from law practice?

The overall conclusion of the report is that women attorneys "want to be the best, with business of their own, [but] in organizations that recognize that their [personal] lives occasionally will demand disproportionate chunks of time outside the practice, and [that embrace a] culture [with] a 'stickiness' that binds the lawyers together beyond the business unit of the billable hour."

Importantly, the report notes that many male attorneys want the same thing, and thus the report is a valuable roadmap for retention strategies in general.

Click here to read the full report.

Harrison Ford in Regarding Henry Teaches Successful Lawyers About The Value Of Supportive Relationships

Lawyers on the fast track to fame and fortune should set aside time to watch Regarding Henry starring Harrison Ford and Annette Bening. Ford plays the role of hotshot litigator Henry Turner whose exclusive focus in life is achieving success in the courtroom, which comes at the expense of his relationship with his wife, Sarah, and 12-year old daughter, Rachel. Fate intervenes when Henry is shot by a convenience store robber and loses his speech, mobility and memory. The tragedy, however, teaches Henry the meaning of love and devotion as his wife and daughter nurse him back to health. Slowly regaining his faculties, Henry realizes that, despite the trappings of wealth and success, his former life lacked meaningful relationships.

Those who watch Regarding Henry will also want to read a recent article by psychologist Ellen Ostrow that recounts the story of "Angie," a successful, 35-year old partner at a West Coast firm with over 600 attorneys whose bout with cancer taught her the value of supportive relationships and spending time with people she loves. See Dr. Ostrow's article here - a true instance of life imitating art.

California State Bar to Encourage Civility Among Lawyers (What a Concept!)

In a recent article, Law.com reported that President-elect of the California State Bar Association, Sheldon Sloan, has launched a civility initiative "aimed at cracking down on what he and many others perceive to be a rapidly rising increase in rude and rancorous run-ins between attorneys in all practices of law." Non-lawyers might think this is some kind of joke ("What? two intelligent, well-educated adults can't behave amicably to each other?"), but the truth is that with clients expecting their attorneys to act like bulldogs in board rooms and court rooms, anecdotal evidence indicates that the level of disrespect and discourtesy between lawyers continues to descend to new lows.

In fact, we have decided to launch a new content category on the JD Bliss Blog - Uncivil Lawyer War Stories - so that our readers can vent their frustration concerning unpleasant, discourteous or downright nasty behavior exhibited by opposing counsel during depositions, negotiations and other contexts. Hopefully, people will read these stories and realize just how ridiculous such behavior is, and just how much stress levels would drop and how much more pleasant practicing law would be if lawyers could simply behave civilly towards each other even when they vehemently disagree.

Back to the California State Bar program: Sloan cited various examples of incivility that anyone practicing law will immediately recognize: lawyers who schedule depositions to derail opposing counsel's vacation schedule, big firms that paper solo practitioners to death, or attorneys scheduling hearings for the day after Thanksgiving when many people take long weekends (note: all examples from litigation practice - any "war stories" from transactional attorneys???).

Sloan's solution: having the State Bar adopt a civility code and pressuring attorneys statewide to sign it and abide by it. He also hopes to convince judges to consider sanctions for rude behavior.

Some may scoff at the notion that lawyers will pay any attention to a "manners" code, but there is precedent that it works.  Christopher Arriola, president of the Santa Clara County Bar Association, said he's noticed a difference in lawyers' attitudes since that county adopted a civility code for lawyers in 1992.

"We haven't done any official study," Arriola said, "but it's fair to say most people who sign the code take it seriously, and that has had a positive effect on litigation in the county."  Attorneys who sign the code get a star placed next to their photo in the association's membership guide, which Arriola said is a way of letting others know who's committed to the pledge. Seems lawyers might behave unprofessionally, but don't necessarily want to develop a reputation for it.

We'll keep you posted on this long overdue initiative. We hope other state bar associations across the country will take notice and initiate their own civility programs.

Read the full law.com article here.

Question: Future Lawyer-Mom Seeking Information on Flex Time Programs at Mid to Large Size San Francisco Law Firms

Attorney Career Question: Are there any resources out there that will give reliable (not completely spun by a firm marketing person) information about what it is actually like to work at mid-sized to larger firms in the SF Bay area? I would really like to know what their records are in terms of flexibility and sustainability for working moms. I plan to have children in the not-so-distant future and I want to make an educated choice.

Click here to respond

Question: Prospective Law School Student Seeking Input on Value of Dual Degree - JD and Masters in Communications

Attorney Career Question: As a prospective law student and current student in the UNC-Chapel Hill School of Journalism and Mass Communication, I am looking into JD/MA in Mass Communication Dual Degree Programs. I eventually want to work as an in-house counsel for a company or corporation within the mass communication field, and I'm wondering how useful/how much of an edge this dual degree would give me, as well as what the career prospects and financial compensation in this field may be....any advice would be much appreciated!!

Click here to respond

The Project for Attorney Retention

We want to thank Cynthia Calvert and her colleagues at The Project for Attorney Retention (PAR) for posting about JD Bliss on their blog earlier this week. The accolades were much appreciated.

PAR's website offers an extensive collection of resources to law firms seeking to improve attorney retention with alternative work schedules such as part-time or flex time arrangements that help lawyers better balance work and personal demands. Among the resources offered on PAR's website:

• a new monthly retention "best practice" for law firms - this month's best practice recommends the appointment of a Balanced Hours Coordinator; that is, a partner or administrator reporting directly to the head of the firm who oversees the successful implementation and administration of part-time and other balanced hours program.
• the "Scoop" is a table that summarizes the availability (or lack thereof) of part-time programs at selected major law firms. The table includes links to comments about particular firms' programs, such as whether supervising attorneys respect the schedules of those working less than full-time and whether bonuses and other benefits are available to those on reduced schedules.
• Articles and research on part-time programs at major law firms

In sum, we highly recommend the site for any law firm struggling with retention issues.

Professional Legal Management Week

The Association of Legal Administrators has announced the inauguration of Professional Legal Management Week to be observed annually during the first full week in October (this year October 2-6, 2006). PLMW is designed to provide a forum for recognizing those in legal management for what they do and the role they play in the success of law firms.

As described by the ALA, the specific objectives of PLMW are:

• To provide awareness, understanding and education about the legal management profession,
• To increase knowledge of the diverse roles within the profession, and
• To communicate to stakeholders, and others, the importance and need for a professional management team in all facets of enterprise leadership.

PLMW seems like a great concept, and an appropriate time for firms to appreciate and recognize the contributions of their professional, non-legal staff.

You can visit the PLMW website here.

Harvard Law School 2L Reflects on Career Plans

Pia Owens, a 2d year student at Harvard Law School, has written a short essay exploring the considerations behind her classmates' career plans after law school. She lays out the well-known pros and cons of taking a job at one of the big firms - little to no life outside of work versus great training (well, hopefully - not all associates agree). Owens also observes that working in public service or at a smaller firm with less demanding hours are options that ought to be considered. We sense her conclusion, while unstated, is that the most important thing is for a student to be happy with their choice.

Owens doesn't share her own choice, though her byline says she "worked at a firm last summer and didn't regret it." Big firm? Small firm? Given that Owens seems to have put alot of thought into career options out of law school (admittedly much broader for a Harvard graduate), we're curious where she'll ultimately end up.

Success Story: Joi Gordon: Lawyer Leads Organization That Helps Disadvantaged Women Achieve Successful Careers

Joi Gordon, 38, is the international CEO of Dress for Success. The non-profit organization helps low-income women land corporate jobs by providing them with donated clothing, including suits, heels and pearls, as well as other services to help clients obtain jobs and remain employed.

Before becoming the CEO of Dress for Success, Gordon, a lawyer, was an assistant district attorney in the Bronx County Criminal Court. She saw Dress for Success on television and realized it was an organization she could give her suits to. Later, she was asked to serve on the board of directors, which eventually evolved into a 7 year career, first running the organization's New York office and now running the worldwide office.

Read an interview with Gordon on issues affecting women in the workforce.

Read more about Dress for Success.

Success Story: Steven Shaw: The Lawyer Who Became "The Fat Guy"

Steven Shaw, also known as "The Fat Guy" in Internet food circles, is the founder of the culinary-focused site eGullet and the author of a new book called Turning the Tables: Restaurants from the Inside Out..

But before he was a food writer, Shaw was a lawyer (practicing at Cravath Swaine & Moore). By Shaw's account, in 1997, he began to rethink his career. His long hours held less and less appeal, and he missed spending time with his wife, travel writer Ellen Shapiro, and his bulldog Momo. His father had just passed away. Shaw decided to quit law and pursue a food-writing career.

Click here to read more about Shaw's new book and his insider look at the restaurant industry.

An article about Shaw's transition from law to restaurant guru also appears on Law Crossing. The article includes this tidbit of advice from Shaw to other lawyers looking to change careers: Save money. As Shaw explains, "that's a big mistake that I made, I saved up enough to live for a year. I think you should save up enough to live for three years because it takes a really long time to establish yourself in another career. And when I look back at all the money I spent on that extra suit and that extra pair of shoes that I didn't really need, and now I could have paid a month's rent with that money, I feel stupid."

The Pizza Law Firm

The law firm of Warwick & Seltz professes to be the only firm specializing in pizza-law; that is, exclusively representing clients who have been victimized by inferior pizza.

Proudly displaying the tagline "If You’ve Had Bad Pizza We’d Like To Meetz’Ya!, the firm promises to zealously defend the pizza rights of their clients.

Visit their website, and never suffer from mediocre pizza again! Watch out Domino's!

55% of Men Would Take Less Pay For a More Satisfying Job

According to a recent survey by Men's Journal, fifty-five per cent of 1,000 male readers polled said they would take a pay cut - and six per cent would accept as much as 20 per cent less money - in exchange for job fulfillment.

Seems tough, adventure-seeking men dig work life balance as well. 

Work Life Winner: Manatt, Phelps & Phillips Attorney Doesn't Need to Choose Between Her Kids and Her Career

Kudos to Manatt, Phelps & Phillips for not forcing its women attorneys to choose between career and family. According to an article earlier this week in DelawareOnline, attorney Becky Belke, a mother of three children younger than 5, works three days a week at Manatt's Los Angeles office. Manatt not only agreed to the part-time schedule, but will put Belke back on its partnership track if she wants to boost her hours when her kids are older.

As Paul Irving, managing partner at Manatt, commented, "[A] growing proportion of the most talented people coming out of graduate and professional schools are women."

Another female attorney enjoying the trend towards flexible work arrangements is Sandra Kanengiser. The now 50-year-old real-estate lawyer had the first of her three children while in law school. When she looked for jobs, she insisted on a part-time schedule with a shot at becoming a partner. Los Angeles-based Irell & Manella agreed and Kanengiser became a partner 10 years after starting with the firm despite working at a two-thirds schedule.

In general, the article notes how many employers in high-pressure professions such as law, medicine, accounting and finance that want to retain top talent are giving working mothers what they want: a shot at the top jobs but with flexible hours, part-time schedules or other concessions to their family responsibilities. Among the accommodations now commonly offered: lounges for nursing mothers, support groups, mentors and sabbaticals.

Trends that we can only applaud.

Mobile Technology Pros and Cons, Tips and Tricks

Attorneys just getting up to speed on mobile computing technology should read this very informative essay on wireless connectivity published on The Complete Lawyer website and authored by Tom Alexander, President of CLC Technology in Granite Bay California, which specializes in web-based client attorney collaboration software, attorney firm extranets and collaborative network software.

Alexander's essay discusses the pros and cons of mobile technology for lawyers (i.e., flexibility and productivity versus quality of life), the features of a well-equipped Blackberry, alternatives to the Blackberry, and mobile security.

Read the full essay here.

Are You a Healthy Lawyer? Essays Discussing the Health Risks of the Legal Profession

We came across a very compelling set of interviews with and essays by various experts on The Complete Lawyer (TCL) website addressing the questions: "Are You a Healthy Lawyer?" Clearly, the stresses and long hours endemic to legal practice can take its toll on a lawyer's health; research shows that lawyers are among the most "unhealthy" professionals (for example, out of 101 professions studied, lawyers have the highest rate of depression).

The essays on TCL explore the health risks that threaten attorneys, and offer strategies on how lawyers can reduce such risks while still thriving in a relentlessly competitive business environment.

Read the collection of TCL essays here. Topics covered include stress, workaholism, pessimism, and the bad health habits of rainmakers.

Software Solutions to the Billable Hour

Almost everyone in the legal community seems to hate the billable hour.  Associates grumble that it turns them into machines. Clients complain that it is used to pad bills. Legal ethicists claim that it encourages fraud. Alas, according to a recent article on law.com, it seems that complex, database-driven software may now provide a solution.

At heart of the new software are complex mathematical models that help firms forecast what it will cost to perform a certain project, and thereby determine if it makes sense to offer an alternative billing arrangement for that project such as a flat fee.  Available software packages include Dashboard from Redwood Analytics, proCube Legal Ease from Satori Group, Elite from Thomson, and Expert from Aderant.

The benefit to clients from flat fee billing is not necessarily lower costs as one might think. Instead, what clients say they really like is the predictability. That is, with a fixed fee (with perhaps some adjustment as a matter proceeds), explains Robin H. Sangston, assistant general counsel of Cox Enterprises Inc., there's "the peace of mind of knowing there is a set amount of money you're going to be spending."

Two firms cited for innovation in the area of alternative billing arrangements are McGuireWoods (which uses Thomson's Elite for forecasting) and Kilpatrick Stockton (which uses Dashboard from Redwood Analytics). Indeed, McGuireWoods last year launched an advertising campaign to publicize its alternative billing arrangements (see archived posts from the JD Bliss blog here and here).

Placating clients seeking predictable legal budgets is not the only motivation for developing alternatives to the billable hour. There's also the bad PR from getting accused of overbilling, or worse, getting caught. As was recently reported (see earlier post here), Matthew Farmer, a former junior partner at the Chicago law offices of Holland & Knight, recently resigned from the firm amid accusations that the firm had inflated the number of hours he had worked in connection with a litigation matter. Holland & Knight denies the accusations but certainly cannot be happy about the flap getting into the press. The law.com article also cites the cases of William P. DiSalvatore who resigned as partner from Wilmer Cutler Pickering Hale & Dorr in New York after admitting to creating fictitious billing records, and Patrick Carmody, a former tax partner at Willkie Farr & Gallagher in New York, who resigned and was later suspended for one year by the New York State Bar Association after he was caught billing $30,000 in personal calls to clients.

Read the full law.com article here.

Online Calculator That Displays Your Hourly Rate - Are Those New Associate Salaries So Great on an Hourly Basis?

The media was recently abuzz with the news that first year associate salaries had risen to $145,000/year (see post here). Good news for the associates? Well, not if they're billing the standard 2,000 hours/year and spending approximately 2,500 hours/year in the office to hit that target (assuming a 1-hour lunch, 30-minute dinner, and 30 minutes of other non-billable, personal matters - see JD Bliss billable hour calculator here).

2,500 hours a year in the office for $145,000/year comes out to a pre-tax income of approximately $55/hour according to the Unpaid Overtime Calculator developed by ThisIsMoney out of the UK (you'll need to replace "pounds" with "dollars" in your mind, but it's the same idea). Doesn't sound so great anymore.

Thank you to the New Zealand Herald which provided a link to the calculator from a recent article that makes the valid point, among others, that many workers have a poor work life balance not necessarily because of the number of hours that their employers require them to work, but because of the additional, unpaid hours they spend schmoozing around the coffee machine. However, the article further notes that some companies have a culture of "long hours" where people are expected to invest significant unpaid time socializing in order to avoid being ostracized. The article suggests that such organizations consider the impact of a "long hours" culture in terms of increased employee burnout and turnover. And for the long hours that are necessary on occasion such as to pitch potential clients, a company should consider demonstrating appreciation for extra hours with an appropriate gesture at some point (such as a gift certificate).

The article also cited some interesting research: by the New Zealand Council of Trade Unions on the impact of long hours on worker and their families, which found almost all of those among 30 families it followed who regularly worked more than 45 hours per week regarded these hours as 'long, unreasonable, and with significant negative effects on their own lives, and the lives of their families;' and by Robert Half Finance & Accounting, which found that work-life balances are getting worse with those working in excess of 55 hours a week including chief financial officers (35 per cent), business advisory services (15 per cent), commercial managers (12 per cent), financial controllers (11 per cent) and auditors (10 per cent).

Associates Weigh Salary Versus Personal Needs

Despite escalating law firm first year associates salaries, not all firms are following the herd and not all attorneys are jumping at offers with the highest salary, according to a recent article on law.com.

The article noted that some firms are responding to salary increases for first year associates by focusing on hiring laterals with more experience. An example cited is 50-lawyer outfit Hoge, Fenton, Jones & Appel of San Jose, California, that has put its summer associate program on hiatus pending further evaluation, and shifted its recruiting focus to more experienced midlevel associates.

The article also noted that some associates are accepting lower salaries in exchange for intangible personal benefits. An example cited was Daniel Wolk, an associate at 107-lawyer, Sacramento, Calif.-based McDonough, Holland & Allen, who settled for a salary in the high $80,000's for the comfort of being at a firm that is close to his home.

Read the full law.com article here.

New Resource for Working Moms

Smart Moms was launched in July 2003 to help skilled stay-at-home moms find legitimate work at home and flexible part-time jobs outside the home in the "triangle" region of North Carolina. The company is now expanding into the national market with a new website - Smart Moms Online - featuring resources for moms seeking work-at-home opportunities as well as for those moms who are ready to re-enter the workforce full or part-time and others who wish to own or start a business.

A Contrarian View of Telecommuting

Many quality of life advocates cite telecommuting as a solution to improve employees' work life balance (see prior post here). This article published on eGov Monitor (based in London) takes the position that the work life benefits of telecommuting are exaggerated and that the option is unlikely ever to be a prospect for the majority of workers. The article further claims that many of the studies on telecommuting artificially swell the numbers of teleworkers by including self-employed people who use a home-based computer and telephone as part of their regular work routine.

Indeed, to some extent, the article argues, telecommuting may actually harm work life balance and increase "workaholism" for workers without a clear routine that delineates work from home life.

Readers - please feel free to chime in with comments - does your law firm allow telecommuting? What do you see as the pros and cons of lawyer telecommuting?

New Treo 700wx Goes on Sale

For our legal road warriors, the new Treo 700wx went on sale earlier this week. The Treo 700wx is intended as an upgrade to the 700w, the Windows Mobile-based version of the Treo. For a lukewarm review of the Treo 700wx's new features, see Christopher Null's review here on his Yahoo-based blog.

For a list of helpful hardware and software accessories to boost the utility of your Treo see this post on Grant Griffith's Home Lawyer blog.

Judgment Reversed: Alternative Careers for Lawyers

Grown tired of the practice of law? If so, you may find Judgment Reversed: Alternative Careers for Lawyers to be a helpful resource. The author, Jeffrey Strausser, is a lawyer who successfully transitioned to an alternative career, including service as the Director of Marketing for a Fortune 500 Company. Interviews with key decision makers about the qualities they look for in hiring for high value positions supplement his own personal knowledge and experience in providing advice for the legal job changer.

Strausser covers the entire territory of a career change, beginning with the question, "Are you sure that you really want a change?" He recognizes that an attorney who has invested so much time, money, and effort in legal training will want to assure him or herself that the business sector can provide careers with similar material and psychic satisfactions. He lists the characteristics possessed by business leaders, and shows how law school and legal practice develop those very same characteristics. He emphasizes the importance of finding a position that will utilize the job seeker's personal and professional strengths, and provides worksheets and a plan for identifying strengths and career preferences.

Check it out further on Amazon.

Lawyer Jokes -- And What They Tell Us About the State of the Profession

Came across a thoughtful article by Marc Galanter appearing on Law.com in December 2005 concerning lawyer jokes. Author of a new book called Lowering the Bar: Lawyer Jokes and Legal Culture, Galanter observes that the preeminent subject of jokes set in large law firms is the tension between older partners and younger associates - symptomatic, Galanter asserts, of the growing issue of associate retention. He offers the following as an example:

A young associate was invited to a party at the home of an august senior partner at his firm. The associate wandered awestruck through the house, especially amazed at the original artworks by Picasso, Matisse, and others adorning the walls. As the associate stood gazing at one Picasso, the senior partner approached and put his arm around the associate's shoulder. "Yes," he said, "if you work long and hard, day in and day out, six, seven days a week, 10, 12 hours a day, I could buy another one!"

There are some other good ones. See the full article here.

Jim Carrey in Liar Liar Poses the Question: Can Lawyers Practice Law Without Lying?

We're inaugurating a new category today (tonight) -- Lawyer Movies -- featuring brief posts critiquing famous lawyer (or law-related) flicks. We invite readers to comment with their own thumbs up or thumbs down (or sideways).

First up: Liar Liar starring Jim Carrey. This comic gem chronicles the misadventures of divorced litigator Fletcher Reed (played by Carrey) who is always breaking promises to his son, Max, to spend time with him (Max lives with his mother). This upsets Max so much that when Fletcher fails to show up to Max's birthday party (another broken promise), Max wishes that his father won't be able to lie for one full day as he blows out the candles on his cake. Lo and behold Max's wish comes true, and hilarious slapstick ensues as Fletcher finds it impossible to practice law without lying. This spells trouble for Fletcher who is in the midst of representing a mendacious client in a hotly contested matrimonial proceeding.

For lawyers who can laugh at themselves, this movie is a must-see.

Work Life Winner: Blank Rome Attorneys Use Fun and Games to Sharpen Lawyering Skills

Blank Rome is an 11-office, 450-lawyer firm that has adopted a most unusual mission statement: "Fun and Games Can be Serious Business in a Law Firm." This mission is expressed in two innovative professional development programs launched at the firm: Connections, a formal mentoring program; and Blank Rome University, a business-oriented educational curriculum.

With the Connections program, associates and partners interact and learn by playing a board game called Anatomy of a Matter. Players meet potential clients, snag business, work on matters, calculate profits and see how their efforts affect the firm’s growth. Attorneys reportedly feel awkward at first, but inhibitions quickly break down.

The Blank Rome University program has replaced book learning with bar learning -- candy bars, that is. Lawyers get technology advice with Tip-Bits, candy bars that have computer tips printed on the wrappers.

The program won an Innovaction Award in 2004 from the College of Law Practice Management (you can read more about Blank Rome's programs at page 54 of the inaugural issue of the Innovaction e-zine (PDF, 2.3 MB).

For its innovative training and mentoring programs, which have improved recruitment and retention during the past 2 years, we nominate Blank Rome as a JD Bliss Work Life Winner.

Report Finds Married Parents' Combined Work Hours on the Rise

On Labor Day 2006, the Economic Policy Institute releases its advance edition of The State of Working America 2006/2007. Prepared biennially since 1988, this publication sums up the problems and challenges facing American working families, presenting a wide variety of data on family incomes, hours worked, taxes, wages, unemployment, wealth, and poverty that enables the book's authors to closely examine the impact of the economy on the living standards of Americans.

One troubling statistic in the report: married parents' combined work hours are up 18 percent, with married, middle-income moms adding the equivalent of three months of full-time work to their annual schedules in the past 25 years. Unfortunately, the extra work is not necessarily generating extra income - according to the report, while productivity grew 16.6 percent from 2000 to 2005, median family income turned down 2.9 percent. Which means people are working more for less.

No wonder work life balance is such a hot topic these days.

Visit the State of Working America website here.

Time Off for Good Behavior: How Hardworking Women Can Take a Break and Change Their Lives

Mary Lou Quinlan's latest book profiles 37 successful women who have quit, taken a sabbatical, or transitioned from high-powered jobs into less stressful careers and new lives. The guidance provided includes strategies for securing flexible hours at work and developing a financial plan that will facilitate career change.

One reader says: "The book is filled with great anecdotes and experiences, poignant and pointed advice - and is even interactive. It offers you opportunities to explore, to create, and to examine life - your life - so that you can be inspired to live it fully and joyfully.."

Price: $16.29

Seminar: The Top 5 Attorney Retention Strategies

There is no question that the exodus of young, talented lawyers from large law firms has reached epidemic proportions. Despite escalating starting salaries for first year associates, surveys show that 37% of associates will leave their firm by the end of the third year, and 55% don't expect to last at their firm longer than five years.

High attorney turnover imposes significant costs on a firm ranging from increased recruiting fees to higher training expenses. Client service also suffers as new attorneys take time to get up to speed on deals and litigations handled by their predecessors. And the negative impact on the firm's "intellectual capital" from the ongoing loss of highly talented individuals is immeasurable.

JD Bliss now offers a "live" seminar program entitled The Top 5 Attorney Retention Strategies to help law firms improve the loyalty, morale and productivity of their attorneys through strategies that address issues such as work life balance, flex-time hours, mentoring, training, and alternative compensation arrangements.

Contact support@jdbliss.com for details.

Question: Need Advice on Selling Successful Criminal Law Practice and Transitioning to a Business Practice at a Large Law Firm

Attorney Career Question: I have been practicing for 12 years. My first six years were spent at the public defender's office in one of the 2 largest cities in the country. I handled everything from misdemeanors to homicides.

After that, I opened my own law firm. I still did criminal defense, but I moved into immigration as well. I have developed a lucrative niche in an ethnic community. My firm generates 500K/year in revenues. But I no longer enjoy dealing with the hundreds of clients, and want to sell the firm.

I am interested in working at a larger firm that represents businesses. I haven't got any of the experience that they look for. How do I make the jump? Thanks.

Click here to respond.

Work Life Winner: Dickstein Shapiro: Stressing Quality of Life

When Dickstein Shapiro says quality of life is a high priority at the firm, they certainly mean it. The firm's website features a Quality of Life section detailing the firm's family-friendly policies, including:

• Flexible work schedules that don't knock a lawyer off the partnership track (attorneys who work a 50% or greater schedule remain eligible for partnership consideration)
• Parental leave (even dads can take four weeks' leave with full pay)
• Emergency child care (including back up nanny care)
• Employee assistance programs

What's missing? Might we recommend a concierge service to make employees feel pampered and eliminate the stress of completing errands before, during and after work (think dry cleaning, oil changes, film developing, watch repair, eyeglass care, mailing services, buying flowers, and travel reservations). Studies show that about two-thirds of employees will use a concierge service, saving an estimated two hours per week of downtime. At companies that offer it, employees pay discounted prices for the services they need, but not for the concierge service itself, which costs employers about $50 per employee per year (read more about concierge services and other work life balance initiatives being adopted by companies outside the legal industry in our recent post here).

Anyway, kudos to Dickstein Shaprio - our newest Work Life Winner. It goes without saying that quality of life sections are still a rarity on large law firm websites. But times may be changing.

Starting Salaries for First Year Associates Rise to $145,000 - But How Many Will Stick Around Past Three Years?

The Friday edition of the New York Times featured an article reporting on the rise of starting base salaries for first year associates at the country's largest law firms to $145,000. The article shared how one firm, Sullivan & Cromwell, broke ranks and raised the first year base salary to $145,000, and all of the other major NYC law firms quickly followed suit. Of course, starting salary doesn't tell the whole compensation story since starting and year-end bonuses differ from firm to firm and could result in major differences in total compensation.

But what caught our eye was a photo of four young first year associates starting work at Weil Gotshal this fall. In the past, we have reported on statistics showing that, despite impressive salaries, 37% of associates leave their firm by the end of the third year (see here), and 55% don't expect to last longer than five years (see post here).

So we wonder - how many of those 4 hopeful Weil Gotshal associates in the New York Times photo will still be at Weil Gotshal in 3 years? in 5 years? We don't know but what raises a concern, aside from the surveys referenced above, is that two of the associates are already using what appear to be Blackberries, which as we've noted in a prior post, can become addictive and pretty much destroy an attorney's work life balance by keeping them tethered to the office 24/7.

Will our heros succumb to the Blackberry fate of those who preceded them? Or will they rise above the billable hours to achieve a work life balance? Stay tuned.....