Law And More

Lawyers Who Made Decision to Retire - Now, You Can Work With Less Stress Forever

A funny emotional, physical, and spiritual game is going on. 

It might be called Now That I Decided To Retire.

Those who opt to play that game find that they can "start over" again with a mindset that reduces stress significantly. (Yeah, one for university folks to research). Consequently they can remain full-time or part-time in the workforce - perhaps forever. Without the traditional pressures.

Those of us who understand how the world operates would attribute the major changes associated with this shift in perspective to just not taking professional life all that seriously.

Many of us have observed over and over again that detachment - a fundamental of zen - often increases success. In contrast, professionals who try so hard often become targets for abuse in organizations. 

Several years ago, an eight-year associate was knocked out of the box at BigLaw. Because law had been his second career he was not young. After being treated by a psychiatrist for clinical depression, he came to me for career coaching.

His total assets enabled him to retire from the legal sector. He planned to do just that, exploring other career paths in which he could earn part-time income.

That was settled.

Then, he decided he owed it to himself to give law one more try. Detached, he landed a partner position in a midsized law firm. He is still there. Yes, in his head, he remains committed to retirement from the law. Only, not today.

The same phenomenon is taking place with a corporate communications expert I coach. I have a hunch that since he had become committed to retiring he will remain on this career path until his health gives out or he dies putting together strategy for a crisis in higher education.

For those considering finding an exit off a career path, here is my book, free to download, on how to land, hold, and move on to better work in myriad other fields  Download Outwitting ageism.

Toying with retirement or semi-retirement? You owe it to yourself to schedule a complimentary consultation at janegenova374@gmail.com. If that proves helpful and you want to continue coaching, there is a sliding scale fee schedule. 

Lawyers Yearning to Become Digital Content Provider - In Addition to the Glam ...

Verizon's Oath has some powerful digital media brandnames. They include Tumblr, HuffPost, and TechCrunch. 

But, in the era of Facebook and Alphabet's Google, it's difficult for even those heavyweights to generate what it takes for the business to succeed. Advertisers and those with sponsored content feel safer going with Facebook and Google.

So, with high hopes Verizon's Oath has brought in new management.

On October 1, K. Guru Gowrappan, who parachuted in from Alibaba, will take over the leadership as chief executive officer. Leaving will the long-timer Tim Armstrong. He goes back to the days when AOL was a stand-alone. Here are more details from the New York Post. 

Being a content creator for digital media may appear to outsiders to be total glam. After all one's byline is all over the internet. In addition, the money, at least what I earned, was better than what is average in most print outlets.

However, the pressure is extraordinary.

When I was a contract blogger for AOL's career/jobs vertical, right in front of me on the screen was a dashboard recording in real time traffic, comments, and shares for our group. Of course, that established a competitive arena. If any post was a dud, not only did I know that. So did the whole group. 

Everyone in the loop, from the editor to the legal staff, seemed, well, curt. I experienced their tone as sending the message: You are lucky to be here. 

No surprise, more content was expected than originally specified in the terms and conditions of hire. And, no surprise, I didn't balk. It was a good gig to have.

When HuffPost merged with AOL, overseen by Armstrong, most of us on the AOL side of content were out. That was a relief. It was then a no-brainer for me to decide to steer clear of digital media, despite the tremendous exposure and decent compensation.

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission. Free consultation janegenova374@gmail.com

 

Crypto - Stalled or, Like, Over

Could Michael Arrington, the venture capitalist for had founded TechCrunch, have been wrong?

Not only did he set up a hedge fund based on crypto. He travels the world preaching the gospel of that virtual currency.

Also, we now wonder about the business sense of the Winklevoss Twins.

Sure, they are odd ducks but they became rich twice. Once had been through suing Mark Zuckerberg. Second time was via crypto. 

The question is: Has crypto hit a temporary wall or it, like over?

If done, then there are going to be a lot of investors facing a severe financial reversal.

In Bloomberg, Michael Patterson reports:

"As virtual currencies plumbed new depths on Wednesday, the MVIS CryptoCompare Digital Assets 10 Index extended its collapse from a January high to 80 percent. The tumble has now surpassed the Nasdaq Composite Index's 78 percent peak-to-trough decline after the dot-com bubble burst in 2000." 

The reasons for this development include:

• Increasing regulation around the world
• Slow embrace by Wall Street
• Market manipulation
• Cyber security problems that led crypto players to lose all their funds
• Concerns about how much is media hype and how much is based on the real potential of the blockchain technology.

Like many with a supposedly quick eye for opportunity, I briefed myself on blockchain. Then pitched my expertise to publications, those on the front lines in marketing communications, and law firms entering that space. 

To my surprise, that niche didn't generate much revenue. So, I kept monitoring and analyzing developments in blockchain. But essentially shifted to creating a knowledge base in other fields. 

Next week I start a certificate course in tax fundamentals. I have a hunch that the tax situation could change significantly with the 2020 election. But, as with blockchain, I might not be on the money. On November 5th, I finish the training. So, financial and legal types will be receiving my pitches. 

In addition, my coaching for the over-50 has become a thriving enterprise. Here is my latest book, free to download, on how to navigate ageism to make a good living.  Download Outwitting ageism. Some former crypto players might have to return to more traditional ways to earn income. 

Takeaway: Never bet the ranch. 

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission. Free consultation janegenova374@gmail.com

 

What David Lat Knows That Graydon Carter Doesn't

One-time high-flying media player at Conde Nast - Graydon Carter - had done a piece for Hearst's Esquire.

It is a satire focused on Donald Trump (as we needed one more of those). And it will be available September 18th. Here are more details from the New York Post.

Both publication outlets have a print legacy and are floundering. So, in a sense, this is like changing deck chairs on the Titanic. 

It would have represented that Carter had updated himself in a digital era had the news announced he was partnering with an Axios. 

Axios is not only a digital native. It has introduced an interesting format in the short-form box. 

So many of the old guard from print can't seem to make the transition to the ethos of digital. In digital, such as digital native Abovethelaw, founded by David Lat, big budgets are unnecessary. The bottom line, so to speak, is a relentless pursuit of ways to keep readers paying attention. How that's done ranges from sources in unusual places like BigLaw to provocative advocacy. 

The bit of old media that continues to thrive is The New Yorker. Ronan Farrow's investigative reporting has given it a second life. 

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission. Free consultation janegenova374@gmail.com

Sherwin-Williams - Will It Find Itself Negotiating Analogue of Master Tobacco Settlement

Sherwin-Williams and its legal team at Jones Day are waiting to find out if the U.S. Supreme Court (SCOTUS) will review its conviction as a public nuisance in "County of Santa Clara v. Arco."

If the answer is "no," then the door is wide open for other states, counties, and cities to file similar lawsuits alleging that the residue of lead paint in housing stock constitutes a public nuisance. Their request could range from damages to funds to render the lead paint safe. Once it's in the blood of children, the lead from the paint could cause consequences ranging from cognitive impairment to behavioral problems.

State attorneys general, such as Rhode Island's Sheldon Whitehouse who is now a U.S. Senator, can become branded as heroes for launching such litigation. Other kinds of government leaders such as mayors could also enhance their branding, increasing the odds of re-lection in the next campaign.

In addition, there have been protests about the reality that Sherwin-Williams continues to sell lead-based products outside the U.S.

The lead is used in industrial applications and, it is claimed, finds its way into paint for residences. Children, protestors contend, are being harmed. Lead for residential use had been federally banned in the U.S. in 1978. Government entities in other nations could also seek a remedy for alleged harm to their children. They might also push for regulations against having those lead products enter their borders.

Already the California appeals court has upheld the conviction in "County of Santa Clara v. Arco." The CA Supreme Court refused to review it.

During the bench trial the plaintiff presented as evidence a 1900 internal memo describing lead as a deadly substance. In 1904,  Sherwin-Williams promoted its lead paint in its advertising. Here is the coverage in The Wall Street Journal about that smoking gun. 

It seems doubtful that SCOTUS will invest its resources into reviewing a conviction, given that evidence. However, it is well known that Jones Day, which is playing defense, makes it a business practice to hire former SCOTUS clerks. They could give Jones Day unique insight on how to approach the justices at SCOTUS. Who knows, then. SCOTUS might agree to review the conviction.

Back in the 1990s, state attorneys general faced a similar situation of a public health hazard with tobacco. Some believe that the tipping point in gaining public support for litigation was the public affairs campaign that emphasized how many children were being hurt by tobacco. What resulted was the landmark Master Tobacco Agreement of 1998. It was between 46 state attorneys general, five U.S. territories, and Washington D.C. and several tobacco companies.

Sherwin-Williams, along with other former lead paint manufacturers/marketers, could also find itself "cornered" into negotiating a master agreement. The municipalities would receive the funds needed to make older housing stock safe from the lead paint hazard. There is a national shortage of affordable housing. Most municipalities have to keep those lead-paint tainted residences operational. Otherwise, the homeless problem will multiply exponentially. 

In addition, outside the U.S., formal governments and/or NGOs could decide to embark on similar initiatives.

Full Disclosure: I blogged the Rhode Island 2005-2006 class action lead paint public nuisance jury trial. Among the defendants had been Sherwin-Williams, with Jones Day playing defense.

For ghostwriting on regulatory issues and the business of law, please contact Jane Genova for a complimentary consultation janegenova374@gmail.com

 

JD Class of 2021 - No Need to be Passionate about Practing Law

"I need to work at something I'm passionate about." 

That's what a 51-year-old female coordinator told me in our initial complimentary coaching session.

Her job with a non-profit, although it provided the health insurance benefit, no longer paid enough for her to make ends meet. 

We did proceed to having five more coaching sessions. The solution, for that time, was to hold onto the non-profit job, which only required 40 hours a week, and add on telecommuting freelance assignments in grantwriting. 

The predictable irony in this is that Joan, as we will call her, insisted she wasn't "passionate" about grantwriting. A major educational task we had to take on was eliminating the illusion that to succeed and even enjoy work one has to be "passionate" about it.

That had been always a myth. For centuries men and women have built successful career paths on what they didn't start out as a kind of love affair.

Lawyer Scott Turow's passion was writing. He realized he couldn't make a living that way, went to law school, made it his business to excel in a law firm - and published fiction on the side. 

When careers were more predictable in the 20th century, yes, those of all generations could be committed to searching what they could wildly enthusiastic about. 

That was then.

In order to make it big or even survive in the volatile 21st century, there is an absolute necessity to be open to opportunity, as it presents itself. That might not be positioned and packaged as a "passion." 

Takeaway: Opt for realism when it comes to earning a good living.

Communications Strategy/Services and Career Coaching. Special areas of expertise include professionals over-50 and students applying to degree programs in higher education.

 

Complimentary initial consultation. Sliding scale fees. Contact Jane Genova for an appointment janegenova374@gmail.com.

 

“Over-50: Outsmarting Your Comfort Zone” http://over-50.typepad.com/over-50/2018/05/outsmarting-your-comfort-zone-free-book.html

 “Over-50: The Four Monsters in the Mind” http://over-50.typepad.com/over-50/2018/04/ageism-bites-.html

 

Law Partners - The American Dream Is Undergoing Major Revision

This time the target is the coast along the southeast. But Florence could also work its way up to the Northeast Corridor. 

Whether it's climate change or not, the reality of an increase in the number and severity of storms is making the dream of living by the water seem, well, dumb. The Category 6 and the Category 7 hurricane is possible. 

That has thrown shade on the symbolism of being coastal as evidence of the good life. Full-time living or a cottage on the Atlantic or by the Pacific had been a marker for having made it.

Also, those planning to retire or semi-retire have to re-think having a more affordable lifestyle and beach living by relocating to, for example, Mobile, Alabama or Pensacola, Florida.

Yes, life as a beach is fading as the American Dream. The shift is to enjoy the ocean as vacation spot, not as a place to declare home.

Of course, the implications for the real estate industry are profound.

Forget building on the coast. Good luck selling existing property there.

Eventually, the insurance industry will find a way to limit its losses in that niche.

Smart disruptors will figure out another mode of living to signal success. It could be on a ranch in a Midwest location which is not vulnerable to severe weather events. 

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission. Free consultation janegenova374@gmail.com

 

Lawyers - "Early Retirement" Can Mean Establishing New Kind of Position of Strength in Professional Life

There is a movement which is getting a lot of attention in financial circles, the media, and, of course, the aging themselves. 

That's FIRE - Financial Independence, Retire Early.

Those doing a FIRE aren't necessarily leaving work and living the good life. All FIRE entails is being able to pay the bills without earning income from work.

Frequently, FIRE becomes possible through filing for Social Security benefits early - that is, at age 62. The lifetime consequence of that is a reduction of the monthly benefit.

Many traditional financial types advise against that. However, there are no right answers. 

A recent study, for example, found that "early claimers" are more likely to wind up in poverty than those who wait until the usual age to start drawing on Social Security. Here in MarketWatch Mark Hulbert gives the details. His analysis points out, though, that it might be those already financially marginal who are among the early claimers. 

There are many advantages associated with being an early claimer, however.

The classic one is that having such a financial floor under you can be a sturdy platform for The Next. For example, a lawyer I coached had been shocked when she bumped up against ageism. After years of landing full-time jobs easily she found herself unemployed for seven months. That's why she decided to consult with me.

It was a soul-wrenching step for her to sign up for Social Security at 62. But that she did. That, combined with her pension from working for the state as a lawyer for a decade, put her in the FIRE movement.

She didn't stay there long. The new floor under her put her in a position of strength. That naturally enhanced her ability on how to sell herself.

Currently, she has a 30-hour-a-week job managing a law office. In addition, she has another one working for pay in what has been a passion to her: training horses. 

Her situation is ideal because state retirement also brought her health coverage. Others usually have to wait until Medicare. That is a strong motivator for them to stick to searching for and holding on to full-time jobs with medical benefits. FIRE is not an option. 

Health care costs are likely to push those without good insurance coverage into bankruptcy. 

For both early claimers and those who haven't rocked the boat on pursuing work for income, my new book, free to download, provides guidance on how to get work when it's needed  Download Outwitting ageism.

Could coaching be useful? Find out with a complimentary consultation. Please set up an appointment by contacting janegenova374@gmail.com.

 

Age Discrimination in Employment Act - Does It Cover Hiring Process?

"The U.S. Court of Appeals for the Seventh Circuit … is weighing the scope of the federal Age Discrimination in Employment Act … Common employment practices such as campus recruiting and experience caps would be exposed to extensive litigation if job applicants are allowed to hold employers liable for age discrimination, a management-side lawyer argued." Erin Mulvaney, National Law Journal, September 6, 2018. Here is the article.

Traditionally, the legal mindset about ageism in the workplace has been focused on all the versions of termination.

A recent interesting lawsuit has been "Mullaugh v. JPMorgan." The estate of broker Michael A. Lorig contends forced retirement caused him to commit suicide. JPMorgan is accused of wrongful death.  Here is Bloomberg's coverage.

Now, the shift is to alleged discrimination in recruitment.

The legal spotlight has been cast on the issue by the litigation filed by Dale Kleber. Represented by AARP Foundation lawyer Dara Smith, Kleber contends he was denied an in-house lawyer position at CareFusion, at age 58, because of an experience cap.

That was seven years. Kleber has more than that. 

It is important to note that the plaintiff Kleber seems to be attempting to keep this review by the Seventh Circuit limited. Another issue has been campus recruiting, as presented in a class action lawsuit against PwC . Here Bloomberg covers "Rabin v. PwC." The defendant got the class action status shot down but that lawsuit isn't dead yet. Likely, more will sprout up.

Kleber's attorney Smith noted that campus recruiting would not be outlawed. In the PwC lawsuit, the plaintiff class claimed that the large accounting firm primarily recruited through interviewing on college campuses. That tended to prevent those over-40 from entering the formal recruitment process. 

However, the experience cap is, in itself, a major issue. In fact, I perceive it as bigger than campus recruiting.

In my coaching those over-50, most of those "between jobs" already understand that they have to downsize their experience.

Lots of experience can not only make them come across in the resume as "old."

It can render them unmarketable. For any number of reasons myriad employers back away from applicants with more than several years experience. Those reasons range from assuming the compensation will have to be high to fear they will bolt when more suitable work becomes available. Also, let's face it, America is tilted toward youth-everything. 

That downsizing can be done in a number of legal and ethical ways.

For example, the resume can be restricted to full-time employment, gig contracting, and self-employment in the last seven years.

Also, the nature of the experience can be reconfigured. What had been known as "ghostwriting" can now be identified as "social media content-provider." The applicant had only been focused on the latter for three years. 

Here is my new book, free to download, on how to land, hold, and move on to better work, despite aging  Download Outwitting ageism. The legal system moves slowly. Meanwhile, seasoned professionals have to pay their bills through working. 

Complimentary initial consultation for coaching. After that, sliding scale fees. Please set up an appointment through janegenova374@gmail.com. 

Older Lawyers in Limbo - No, You Are Not "a type"

There is that old saying in dating: When you become involved with someone that includes all their previous relationships, way way back to mom and dad. 

The same applies to the careers of seasoned professionals.

When they hit a wall and come to me for coaching each one presents the unique situation.

They represent an integration of all their professional (and personal) experiences.

Those reach back to delivering newspapers and being a pest as a telemarketer. The bundling also contains the emotional highlights of their lives, so far. 

That's why coaching begins only after the facts and feelings are out there.

No, there is no one "type" of older professional who becomes derailed. Instead there are many individuals who find they are shocked to wind up in a great deal of pain.  

The challenge is to establish enough trust for that professional to share with another human being those facts and feelings. Usually only he or she has access to that entire story.

The next step also is a trust one - in themselves. Those coached have to believe that the answers are within themselves. They are the ones who know best what to do. The coach helps them position and package them into a plan or plans. 

An example had been the 54-year-old former in-house lawyer. Both of us believed he lost his job because of his high compensation. He could be and was replaced with a lawyer in her mid 30s, at half the compensation. 

His facts and feelings were balled up in early losses. Members of his family died unusually young. He wasn't admitted to the law school he had his heart on. He hadn't made partner at a law firm. The light went out on his marriage.

The answers inside him included that he clung to what he perceived as security even it wasn't and even if he hadn't been a good fit with what was. 

Freed from that what was and with severance and then unemployment he yearned to take a risk. As a coach I warned him that all transitions are really experiments. They might not pan out. He had to take on the mindset of a scientist who was trying out a hypothesis.

After a few tries, the former in-house lawyer found that what did pan out was as a full-time litigation consultant within a Washington D.C. public affairs agency. Like most lawyers he was verbal so he was a natural in producing the communications associated with the lawsuits. In addition, he joined the agency's team in developing new business for that unit. 

Currently he wonders: Should he set up his own public affairs agency specializing in the litigation niche. That's why he had returned to coaching. As before, we are returning to the facts and the feelings.

Complimentary introductory session. After that, sliding scale fees. Please set up an appointment at janegenova374@gmail.com.

Meanwhile here are free books to click open and read:

“Over-50: Outsmarting Your Comfort Zone” http://over-50.typepad.com/over-50/2018/05/outsmarting-your-comfort-zone-free-book.html

 “Over-50: The Four Monsters in the Mind” http://over-50.typepad.com/over-50/2018/04/ageism-bites-.html