Law And More

FedEx Tipping Point - Sherwin-Williams, America Turns Its Eyes To You

The way FedEx goes so does the nation.  Today, this iconic U.S. company reported its first quarterly loss in 11 years, primarily due to soaring fuel costs. For many of us, this has to be the tipping point in the search for synthetic alternatives for conventional energy sources, be it to power transportation or produce a gallon of latex paint.

America turns its eyes to that innovator Sherwin-Williams for the latter piece and maybe more.  As we lead paint watchers know, it was this Midwestern company which came up with the roller - no more brush hairs on our walls.  It eliminated lead pigment in residential paints about two decades before it was federally banned.  It knew and knows [see current TV ads] how to pitch to the women in the house.  And, a long ways from that, it is showing the private sector how to deal with plaintiff bar: Don't settle.

With all those game-changer minds around the world, no question Sherwin-Williams can develop and manufacture products which don't depend on traditional petrochemicals and energy-intensive processes.  To ramp this up faster, it might, like Doritos and Chevy, sponsor a contest for creative user-content. The winners, along with Chris Connor, might got the contract to paint the White House for the new Administration.

Legal lost 1100 jobs in May - To get/stay employed, stop talking with other lawyers

If it looks like downsizing/rightsizing and it occurs three months in a row, maybe that's what's happening in the business of law.  According to THE AMERICAN LAWYER, last month the law lost 1100 jobs or down 1.4 percent.  For three months in a row, the legal industry lost jobs.

And forget that magical thinking about things getting better as the economy does. Almost three decades of downsizing/rightsizing in corporate America show that economic conditions or restructuring after a merger might precipitate the job cuts.  But they don't necessarily stop when the economy improves.  In fact, the bloodbath on Wall Street might be much worse currently if the financial sector had began hiring again in earnest after the dot-com meltdown.  Once the organization learns it can do more with less, that's it.  That's exactly why thinkers about management like Daniel H. Pink ["Free Agent Nation"] and Tom Peters ["Re-imagine!] have been hailed as visionaries.

So, what do law students, associates, and partners do to become and stay employed?  The good news is that, just as your high school career counselor told you: A law degree is always useful.  It still perks up ears in professional circles.  And, in many fields, be it journalism, public affairs, politics or marketing, it's a plus on the resume.  

The question is not if you can leverage it but what you want to go after and how to go after it.  

Newbie JDs have freaked when I suggested they monitor journalismjobs.com and mediabistro.com for the opportunity to write for a legal publication.  Those pay between $30,000 and $50,000, which is peanuts when carrying six-digit student loans.  But, the investment in the low end might be worth it. Legal journalism - print, digital and broadcast - is sexy.  A mover and shaker can climb that earnings/status ladder.  Think Greta and Jeffrey Toobin.  

Public affairs, because the clients are frequently deep pockets in trouble or trying to avoid that, pays spendidly.  Since I am comfortable with legal concepts, issues and terminology, I am contacted to research/position white papers, ghostwrite books, opinion-editorials, articles and blogs, put together speeches and presentations, and provide strategic planning.

We all know about politics and law degrees.  We also know that politics can be an uncertain source of income.  Volunteering with no expectation of income is one thing.  Paid work is another.  Some of my colleagues have been stiffed too often and don't do this kind of heavy lifting any more unless it's full time, say, on a senator's staff.

Marketing, given the value of intellectual property and proliferation of lawsuits, has a close association with legal whatevers.  This field, though, is highly volatile.  The connections made or the job obtained could be gone tommorrow.  But the money and experience are excellent.

So, how to get in?  The most efficient way is to stop talking to other people in law.  When you need a job or want to start your own shop the most dangerous place to be is with your own kind.  

Studies dating way back to the 1970s [Mark Granovetter] right up to the 21st century [Ronald S. Burt] prove out that opportunity and even the ideas about where to look for that opportunity often come from non-homogenous networking.  Granovetter, for example, noticed that good jobs frequently are landed through weak ties, that is, not the usual folks we associate with.  I landed my first corporate communications full-time job through a continuing education student I taught "Marketing Manuscripts" to who was in human resources at Chevron.  

In his landmark research "Structural Holes and Good Ideas," Burt found those who network "across groups" gain access to "alternative ways of thinking and behaving." When my communications boutique tanked post-2001, where I got the insight and contacts to start over was among psychologists, sales representatives and clergy.  Those in communications were either as stuck as I was or holding their cards close to their vest.  

Reaching out beyond our networks comes just by reaching out. It's that simple.  Here is a complimentary copy of an e-book I published on boosting emotional IQ in the workplace and in self-employment Download CUsersjasneDocumentsjg.pdf.

The next step in is to do things which may be the platform for a fresh approach to employment.  That might be journalistic such as writing an e-book or publishing a blog on how a highly educated person hunts for a job or attempts to start a business.  One underemployed lawyer got THE WALL STREET JOURNAL Law Blog to chronicle his job hunt. Yes, people are very interested in our sad stories.  Jobs and business can result.  They did for me.

Or the way in could be 100-percent experimental such as applying for a paid internship in a local public affairs agency, working a job in a supermarket to observe stocking patterns, or being a mystery shopper to see gaps in everything from security to cleanliness.  If you're talking to non-lawyers, you'll spot plenty of opportunity. It only took me four months in the contract security industry to see the money was in anything to do with supply chain management.  I just finished doing a white paper on that which Obama will receive through a client.

The third step is, as it medicine, to quickly rule out.  We go in to discern if we should stay in.  Being in doesn't mean settling in. Doing assignments for the executive coaching industry wasn't for me. [I figured out I was the one who should be doing the coaching and I established a niche in that.  You can contact me for a complimenatry consultation at Mgenova981@aol.com, 203-468-8579].  Publishing articles about corporate social responsibility was a dog.  The further I strayed from the bottom line, the less clients were willing to pay.  Many start-ups lacked basic knowledge of business fundamentals such as monitoring and learning from the competition. Though we may leave those jobs slots or business niches, it's vital to retain the contacts.

The fourth step is extreme sacrifice.  For me that was passing up lucrative full-time jobs in my old field of speechwriting to get down cold this new world of social media.  I saw not only more potential in the latter but also a better tempermental fit for the professional I became post-50. Another give-up was forgetting sleep.  Often opportunity popped up at midnight.  The other biggie was to keep swinging from niche to niche without a safety net. Talk about leaving a comfort zone.  All that has become ancient history, after 3.5 years.

The fifth step is to ask for the job or the business.  Most professionals underachieve or entirely miss the boat because we wait to be asked.  Aggressive, in fact, is now expected.  The trick is to learn how to ask.  It varies with the context. 

For some clients, I just ask for more money or more assignments.  For others, I am cagey and have third parties speak well of me.  They get a finder's fee. Then, I propose a project to a client.  Screwing this up can be humiliating but that doesn't matter any more, does it. What matters is getting and keeping work.

Incidentally, here is a complimentary copy of second e-book I published on how digital realities have transformed how we present ourselves professionally Download savingsoulsonparkavenuekstreet.pdf. 

Another useful read is John D. Gartner's "The Hypomanic Edge."  It chronicles how success doesn't come from being normal.  As Gartner points out, a little craziness can pay off a lot. He contends that America got to be the world's leading economy because it was founded by a bunch of misfits, oddballs and the brashly aggressive.

There's also my dog-eared copy of Rosabeth Kanter's "Confidence."  The takeaway here is success and failure are not discrete events or developments but trajectories.  Usually we create our own trajectories.  Upward ones often are formed by how willing we are to be in the now, surrounding ourselves with the right people, identifying mistakes, doing fast course correction and investing what's needed.

RI SC Ruling - Long Hot June, Part of July

Aside from insider information or a leak, we won't know what the Rhode Island Supreme Court rules in the lead paint public nuisance appeal until it rules.  Maybe this is schoolgirlish but I don't anticipate insider information getting outside the court or any leaking. The ruling directly affects the stock prices of the three defendants - Sherwin-Williams, Millennium Holdings and NL Industries. That's nothing to play around with.

Where that leaves us lead paint watchers is waiting.  Legal and Wall Street experts can speculate all they want about what the ruling could or should be.  In the few days following the May 15th oral arguments, that kind of game was entertaining for all.  Now I'm finding it grates.  The reality is: No one except the four Justices has any notion what they ruling will be.  History, in fact, shows us that the best bets were way off.  I myself wagered that the RI SC would favor the plaintiff.  That didn't happen, at least not in the line of questioning.

Today it is around 90 degrees in Connecticut.  There will be many hot days more before sometime in July we find out out where this lead paint and, more specifically, the issue of public nuisance is going. Meanwhile we can assist the defendants such as Sherwin-Williams by using this interim to paint our houses, outside and in. Select S-W stores provide complimentary interior-decorating advice, so call ahead to find the store that can help you.

Dress-Wearing Bankruptcy Judge Caves - Blow for the different, the free-thinking

It's disappointing to find out that U.S. Bankruptcy Judge Robert Somma has officially resigned that position. After being arrested for a first-degree misdemeanor charge of drunk driving, he resigned. During the arrest he was reported to be wearing a dress and perhaps make-up, including eye-liner. After submitting his resignation, he was then encouraged by colleagues to reconsider.  He did.  He requested his job back.  Colleagues followed-up that request with a letter-writing campaign.  

But, for whatever reason or whatever pressures, Somma caved.  He is "leaving to pursue other endeavors."  Clearly, he let us down, we the different and/or the free-thinking.  I, a 5' female, don't wear men's clothes.  Nor do I feel any urge to do so. However, as someone who has Asperger Syndrome, I am clearly different - and probably annoying to too many.  

So?  I can still earn a living, and a good one it is.  My communications clients thank me for helping them sell more widgets and/or themselves.  One, knowing I crave frosting, hold the cake, sent me for Christmas a case of frosting mixes.  After coaching a newbie unemployed JD, she got a job in Manhattan the next day.  I even recently published three e-books and distribute them for free. [Get your copies here  Download CUsersjasneDocumentsjg.pdf Download savingsoulsonparkavenuekstreet.pdf Download publicnuisancevoodoo.pdf]

I contribute to society by finding homes for animals who had lost theirs through no fault of their own. Those who are unadoptable I adopt, which means going through the eventual ordeal of pet grief.  My articles published on bringing pet grief fully out of the closet in THE NEW YORK TIMES and HARTFORD COURANT have helped, I'm told, millions of people.

My biggest accomplishment is somehow I've kept myself out of the nut house, jail and off the disability rolls.  Many of those with whom I share genes hadn't been so lucky or had the inner strength to do that.

Yet, society hasn't been kind to me and others who are different or marching to their own drummer.  Had Somma continued in his role of authority he might have made it just a little easier for the rest of us.  On my wish list is that he writes a book about this road less traveled.  He can contact me to ghost it - pro bono.  What a story! 

That $1000 Hour - Is it a Branding and/or Discounting Gimmick

Was that $1000 hour created as a branding and/or discounting gimmick?  Maybe.  In LEGAL BLOG WATCH, Carolyn Elefant reports that 76 percent of all law firms discount their published fees.  And that's by an average of 9.9 percent.  So, the $1000 hour is really the $900 hour.  Elefant gets her numbers from the 2008 FEES AND PRICING BENCHMARK REPORT released by Rain Today.

There's more.  Larger firms are more likely to discount. In fact, says Elefant, 89 percent of those with 10 or more discount versus 59 percent of smaller firms.  To me this smells like, most of all, a branding gimmick.  Large firms tend to position themselves as premium brands and need the premium pricing to go with it.  Smaller firms tend to grab whatever business they can.  Moreover, small shops such as mine wouldn't dare play a game of chicken by posting a high fee and then hoping the prospect would stick around long enough to be offered a discount.  In my business - communications - prospects come to small service providers because they realize we can't and won't play with pricing.

Of course, all us lead paint watchers are wondering how the law firms representing Sherwin-Williams, NL Industries, Millennium Holdings, Atlantic Richfield, Du Pont, et al. publish their fees and actually bill.

Leaded-Down Defendants - Shrinks call what they possess "self-efficacy"

What has kept the lead paint defendants such as Sherwin-Williams, Millennium Holdings and NL Industries, from settling?  After all they lost a big one in Rhode Island in February 2006.  They could have cried "uncle" and hoped for the best by caving to a national settlement, much like the Master Tobacco Settlement. 

Why they didn't is that they probably possess what psychologists call "self-efficacy." Today in THE WALL STREET JOURNAL, Melinda Beck explains that it is this secret ingredient which separates those who give up after setbacks from those who learn from them and succeed, even in almost impossible situations.

Psychologist Albert Bandura of Stanford University first detailed this cluster of characteristics in the 1970s.  He essentially said this breed doesn't have it easy when they set out.  That's an advantage because they can get the hang of harnessing the lessons from disappointments and mistakes before they grow too successful or rigid to do so.  In addition, they have a belief in themselves and their abilities which position them to be relentless in going after eventual success. Among the self-efficacy champions are Julie Andrews, Michael Jordon, Steve Jobs, Thomas Edison, and, of course, Hillary Clinton.

Had the lead paint defendants not had self-efficacy, they might be bankrupt now.  As we know from tobacco, that national settlement didn't stop the suits.  And some of the former lead paint companies are not flush with reserves and annual earnings like the tobacco ones.

May the self-efficacy force be with the defendant companies on May 15th at the RI Supreme Court appeal.

Genius Risk - New Variable for financial-sector analysts to factor in

Those geniuses at Bear Stearns and earlier at Long Term Capital and Enron have done so much financial and economic damage that we can't dodge the issue.  Clearly, geniuses are a risk factor which the financial-sector analysts have to factor in when rating investments.  That's probably why companies that last have always hired the B-students, not the smartest kids in the class.

For shareholders in the Rhode Island lead-paint defendant companies - Sherwin-Williams, NL Industries, Millennium Holdings - the good news is that neither their corporate leaders nor their attorneys seem to exhibit genius.  Smart, even clever, they are.  But from what I've observed over the past 29 months, they avoid the excesses of genius.  If they are geniuses, they keep that hardwiring well insulated. 

Rich White Men & Imported Sex

It goes way back to privileged white man John Profumo.  The sex at his house wasn't good enough or perhaps even enough.  He imported call girls into his life.  The rest was a government scandal as much an upheaval as the more recent one generated by Rich Kid Eliot Spitzer.  The latter shipped his sex in from the New York Metro area. 

And now we have the mighty global head of patents at Pfizer, complete with an aristocratic Brit accent - Alan Hesketh.  Another rich white man, Hesketh is accused of allegedly using the Internet to collect, possess and distribute child pornography. He was arrested at JFK Airport.  Allegedly his online activities took place everywhere from the Tudor Hotel at the United Nations to his office at Pfizer.

So, what gives with rich white men and this compulsion to consume non-traditional sex?  It could be a simple case of opportunity.  Unlike working stiff males, these have the money to experiment - and then get hooked.  On the other hand, society might want to look at how it rears rich white men.  It could be they are told they are entitled to more than their fair share of sex or they are conditioned to delay gratification for the sake of achievement and status.  Then their repression gives way. Or could we be just driving rich white guys nuts with all our fawning and flattery.

Whatever.  It might save our society and our rich white male leaders if we kept them on a shorter leash, both growing up and when supposedly all-grown-up.

Where are Their Capes & Tights: Jerry Brown, et al.

State Attorneys General, and the really activists among them are male, might have spent their childhood enmeshed in too many ACTION COMICS. 

That hit me like a ton of Kryptonite as I read Michael Chabon's essay on SuperHeroes in the March 10th edition of THE NEW YORKER.  Generation after generation of boys whose passion was comic books not video games saw themselves in capes, tights and a mission to do in the bad guys.  Unfortunately, that image of being a SuperHero leaves no room for the compromises of real-world ways to keep our dark side in check.

From now on when I read about Jerry Brown's relentless crusade on behalf of humanity against GHG emissions I can't help but envisioning him leaping into the air in a single bound.  When he lands, the bad guys, the bad policies, the bad intentioned better watch out.  Here there is, we all know, no room for compromise.

This could get worse as Eliot Spitzer's reputation is being restored and that of his Nemesis Joe Bruno is being eroded.  In the influential NEW YORK Magazine Geoffrey Gray chronicles in minute detail how Spitzer "has him [old machine icon Bruno] on the ropes."  If Bruno gets indicted, not even the right-wing NEW YORK POST will be able to continue its daily, double-section, attacks on Spitzer.

Despite all the rhetoric about tort reform, the state AGs seem to be in charge of the game.  Think the investigations of caffeinated beef.  No signs of return of common sense to the legal system there. 

2 sickies don't = 1 wellie - Get this truth communicated & empty courts, prisons, halfway/nut houses

Billions, maybe trillions, can be saved in public funds for courts, prisons and halfway/nut houses.  All that would take is getting across to the troubled, vulnerable and downright bonkers that 2 sickies don't = 1 wellie.  The Roman Catholic Church labeled that "avoiding the near occasions of sin" and our mothers pounded it into our heads as "keeping away from bad companions."

Unfortunately, despite the simplicity of this deterrent for further confusion, self-defeating behavior and criminal activity, it's not easy to communicate.  I know.  After 3 months of coaching an inmate on parole in constructive activities such as commnunications skills, I threw in the towel last weekend.  Clearly she had no intention of migrating away from "near occasions of sin" and toward companions who seemed to be in touch with the whatever that keeps us out of jail, drunk-driving seminars, halfway houses and other facilities which house guests of the state.

Everyone in her circle seemed to have been hand-picked to enable her to return to prison or, worse, commit suicide.  Some of those would not themselves run into trouble with the law or skip a beat in reaching their own goals.  However, they were a custom-fit for her dark needs to self-destruct.  Among them were the 1960s liberals who believed love and compassion were the answer.  Others were envious of all she had to lose, ranging from several houses to two cars neither of which she is allowed to drive ever again, and seemed to be determined to separate those from her.  Who knows, maybe they believed they could swindle her out of them or have her will them those goodies.

The undertow of these sickies were simply too much for me.  Not only did I realize I was deluding myself that I could help out with her recovery [I had done my share of Beatles' love solutions in the 1960s].  I also realized that no one is that much of a wellie to risk even being around the sickies and the predators.  My pro bono days with rehabilitating ex-cons are now behind me.  No doubt, I will find another illusion of doing good to pursue.