Law And More

Hermit as Hero - Flight from Nuisances and Comforts of Civilization

Some personally remember what could be thought of as "The Fire This Time."

In 1967, urban areas such as Detroit, Michigan and Newark, New Jersey went up in flames. The front lines of those uprisings were alleged to be people of color.

Currently, the insurrections are very different. Instead of fire, there are firearms and bombs. Instead of people of color there allegedly are those championing the white race. Likely more lives will be lost this time around than back in the late 1960s. In addition, there could be greater fear of society unraveling. The veneer of civilization becomes just that - clearly an illusion.

How well the guardians of civilization - law enforcement - can uphold that concept will be on trial during the transition in Administrations. That will be played out both in D.C. and in the states.

What could attract more interest is the saga of a modern-day hermit who turned his back on the nuisances and comforts of civilization. That had been Christopher Knight. His story is told in "The Stranger in the Woods" by Michael Finkel. In 1986, he entered the woods of Maine. Until he was discovered there in 2013, Knight got by without human companionship, a job, medical care or technology. At 133,490, the book remains a best-seller.

More of the wealthy are doing a less radical version of what Knight pulled off. They are pivoting out of sophisticated urban areas and putting together a lifestyle beyond the parameters of what had been considered The Good Life. The New Paradise is a large ranch in Wyoming. Telecommuting makes that more and more possible. 

I found my Eden in the small town on the border of Mexico: Sierra Vista, Arizona. My vehicle had been vandalized in Toledo, Ohio. During the 1967 riots my parents' car had been pelted with rocks. The local police station had been invaded. Fires raged on main streets. 

A liberal arts major (along with picking up advanced degrees in literature and language) I align with the world view of William Shakespeare. He saw mankind as "cankered in the grain." In his tragedies and history dramas he captured that dark side. 

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Suicide Is Contagious - Hudson Yards Vessel as Youth Magnet

This morning the third suicide by a young person occurred at New York City's Hudson Yards Vessel. The man was 21-years-old.

Last December a 24-year-old woman also committed suicide there.

And back in February of 2020 a 19-year-old male, a former rugby player, also took his own life in that way. The New York Post provides more details.

It sure seems that the Hudson Yards Vessel has become a magnet for suicides by young people. In her landmark book on suicide "Night Falls Fast," Johns Hopkins professor Kay Jamison discusses that aspect of suicide. - That is, that the concept is contagious. Like moods, others can "catch" it. Often that's called the "cluster phenomenon." Of course, the powers that be associated with the Hudson Yards vessel should look into this.

Some in the legal sector may recall that cluster play-out in Kentucky among trial lawyers. Between 2010 and 2013, about a dozen of them had taken their own lives. To this day, the epidemic of suicides has not been explained. 

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Puzzling - Respected Aon In-house Counsel/Former Jones Day Partner Mark Herrmann Uses Phrase "That Lunatic Joe Biden"

"With Trump out of office, Congress can pass a few laws purportedly to rein in that lunatic Joe Biden." - Mark Herrmann, "Predictions for 2021," Abovethelaw.com, January 4, 2021. 

We all have our political opinions. But, if we are professionals (as opposed to paid journalists) we usually keep them private. That's self-protective. 

So, it was puzzling to read in Abovethelaw yesterday that its weekly columnist Mark Herrmann explicitly referred to president-elect Joe Biden as "that lunatic Joe Biden." This is a prominent lawyer making that public statement. I assess it as irrelevant that he approaches his column as a what could be called "private citizen." After all, Herrmann is actually a working stiff, like many of the rest of the world. Indirectly, like all employees, he does represent his employer.

Currently, Herrmann is employed as in-house counsel at Aon. Previously, he had been a partner at elite law firm Jones Day. His book "The Curmudgeon's Guide to Practicing Law" remains a best-seller on Amazon (rank of 106,485).

Clearly, this is a player who has a vested interest in protecting his brand. Or, should have. Referring to a president-elect, especially at a time when there is a struggle to unify the nation, seems beyond risk-taking. It's downright reckless.

The full-time journalists on Abovethelaw such as Joe Patrice have the "license" to shoot from the hip - or, more accurately, the lip. Those who are employed in other professional fields should know not to cross the line from thought leader to something quite different. Words do do damage. 

Even though I am self-employed, I understand how much of a reputational third rail politics can be. 

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The Phone - Neglected Medium for New Business Development

For so much of recent professional life, the phone seemed so 20th century.

Some even recall when news outlets would feature startups which had not one phone onsite. Yes, connecting was through email, SKYPE and productivity software. About the latter, now it's expected to know your way around Slack. 

That was then. 

Currently, in the dog fight for new business and to prevent client/customer churn, the phone is making a comeback. At least among those open to experimentation (and, isn't trying out fresh approaches what marketing/selling is all about).

The rules of the game are to create touchpoints through a call. Yes, ring up a client or customer who might be struggling. Ask how they are doing. Listen. See if they welcome suggestions.

Haven't contacted in years your roommate from college who was just promoted to chief revenue officer? Call. 

Former subordinates? Of course, some moved on to great jobs. Check in and ask how they are doing. 

Calling can be difficult since "doing good phone" might have atrophied as a skill. Before reaching out and pressing the send button, role play your phone personas with those whose communications judgment you trust. Take feedback seriously. Practice practice practice. Soon enough you'll shake off the awkwardness. 

Meanwhile, to migrate into the zone of genuinely caring about others it is useful to consult the bible on human relations. That's Dale Carnegie's "How to Win Friends and Influence People." It hammers the importance of a sincere mission to get to know about other people. And how to do that. On Amazon, the paperback goes for $8.02.

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The Failure of Success - New Year Eve's Audit of Promotional Strategies

This is an object lesson to all those who don't audit their promotional tactics. Legal marketers are at the top of the list. 

Ever since public relations player Bob Dilenschneider put out there a book on power in the early 1990s, he has been using publishing print books as his MO for marketing his firm The Dilenschneider Group. That first book had done well.

On December 31st, 2019, he was at it again. Out came "Decisions." It never caught on. Today, one year later, it ranks below the one million mark on Amazon - 1,138,306.

Meanwhile, Dilenschneider had a growing number of options to enhance his branding, boost influence, prevent client churn and develop new business. Among his advisors is his long-term assistant Joan Avagliano. 

For example, podcasting was catching fire. He has a good speaking voice, is skilled at interviewing and has a network of contacts to interview. That audio medium would have been perfect for him. This week I published on Odwyerpr.com an article "Podcasting in 2021."

Instead of moving the needle on his business objectives, Dilenschneider plunked himself in the Amazon corridor of shame. That's where authors wind up whose books don't sell. 

What this clinging to old success formulas might remind us of is Ben Horowitz's seminal leadership essay "The Peacetime Vs. Wartime CEO."

In it, Horowitz depicts the peacetime CEO as settled-in, no longer hypervigilant about threats as well as opportunities for victory. Of course, that CEO could be a sitting duck for attack. He or she isn't sleeping with a gun, one eye half-open.

On the other hand, the wartime CEO is downright paranoid about the possibility of attack. That's exactly how the leader should be in an uncertain economy with lots of upstart competition. They are always assuming the enemy is trying to outfox them. They expect both stealth and big-bang competitive action. And, no, they won't fight this war as they fought the last one.

The Horowitz message is, however, nothing new. Rattling around since the beginning of civilization has been the old adage: Nothing fails like success.

It's during success that all promotional tactics should be audited for current results and the odds of future ones. 

This New Year's Eve is the perfect timing for that kind of audit. With such a glut of content in all mediums, that should be mandatory every month afterward. 

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Unquiet Minds - Those Might Not Result from Practicing Law But the Changed Nature of Work Itself

It's well-known: In the legal profession there is more mental illness than the national average.

Research studies such as by the American Bar Association document the extent of depression, anxiety and substance abuse. It is higher than the national average.

I call the condition "The Unquiet Mind," borrowing the term from Johns Hopkins University professor Kay Jamison. Among her publications is the memoir of her own struggle with mental illness. Yes, the title is "An Unquiet Mind"

Of course, myriad organizations, including law firms themselves, have launched initiatives to quiet those minds. However, that focus might be too limited. The problem might be how the notion of work has changed since primitive times and how primitive cultures go our their lives in modern times.

In the current edition of The Atlantic, Derek Thompson publishes a major feature on that evolution.

Essentially, the concept of work has gone from a necessity for survival to the platform for - to use sociologist Emile Durkheim's term - "malady of infinite aspirations." Given the latter, leisure is almost a curse. The state of well-being consists of being very busy, focused on future gains such as more money, more recognition and promotions. There is no confidence in the present to provide what is needed for today and for tomorrow. Instead, angst about the future drives the pursuit of always-on-duty. Being too-busy remains a status symbol. 

Thompson leverages extensive research from James Suzman's book "Work: A Deep History, From the Stone Age to the Age of Robots." No, we just don't have the Protestant Ethic to blame for the prevailing preoccupation with the innate value of work. A recent Pew poll found that the majority of those interviewed identified enjoying one's work and career as the major component of happiness. That takes precedence over relationship type values such as love of family.

The rub, of course, comes when what is invested in work doesn't pan out or work is taken away, as with a firing, layoff or retirement.

The classic situation is that that the first setback in the educational/career paths of the ambitious triggers a kind of emotional unraveling. It's not positioned and packaged as a modern rite of passage. If it were, then it could become the unique learning experience, almost a gift distributed very early in life. 

It could be counterproductive for productivity for law firms to encourage their employees to reduce their obsessive focus on work per se. Therefore, reform in that manner might not come. 

However, other types of work settings might encourage their employees and contract staff to loosen up the tension about external forms of success. In itself that could unleash fresh creativity. Too many are simply wound too tightly to look up and discern the big picture. The big picture could be full of abundance, for now. And all human beings really have is the now.

Reflection: Probably too many workers and contract staff experienced the leisure time of the holiday season as uncomfortable. They would rather be working.

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Tony Hsieh - Surprised? Then You Haven't Bumped into the Research on Creativity

The world is saddened by the death of Zappos' founder Tony Hsieh. 

Surprisingly, as indicated by postings on networks such as LinkedIn, some are shocked by his spiral into extreme behavior. The Wall Street Journal supplies the details.

However, those familiar with the research on the correlation between creativity and mental-health challenges know this: The "unquiet" mind is often the price that is paid for that innovative bent.

This has been documented by experts in psychology, ranging from Kay Jamison to Hans Eyseck.

In her book "Touched with Fire, " Jamison highlights how "madness" characterized the lives of famous artists. One of the most breakthrough commentators on that link, Jamison herself is bipolar. 

Eyseck even asserted that the link could generate psychotic behavior. Yes, the kind of turmoil in the mind can be severe. 

In short, the universe gives the gift of imagination with one hand and then tampers with the internal wiring with the other. 

Steve Jobs was certainly the poster boy for oddness. Some critics label him as a "bad man." But the reality is that he was just wired to be difficult to deal with. That could be experienced by others as anything from bullying to downright cruelty. 

This issue is important to the legal community. Novel legal theory and practice come from the most creative in the profession. That might figure into the higher than average incidents of mental illness in the legal sector. Unfortunately, some of that has resulted in self-destructive behavior such as embezzling or sexual misconduct.

Takeaway: Society might have to be unofficial gentle care-takers of its most creative. 

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Older Staff Forced Out of Law-Firm Jobs - 5 Pivots to Keep Working

COVID-19 has been brutal for the employment of older employees. 

The employers' need to cost-cut, along with senior workers' high compensation, has made aging employees a target for layoffs, early retirements and even outright firings. 

In law firms, the category of worker getting pushed out has primarily been staff - at least so far.

In addition to the need for more cost-efficiency two things have been going on. One has been that during WFH, lawyers had to learn to do many of the tasks staff had performed in the office. The other is the continuation of robotic automation. As in Corporate America in the early 1980s, technology is eliminating myriad administration positions. Next came the jobs of middle management. So, there are those who anticipate the next round of job cuts will be the even higher paying positions of lawyers. 

Typical of COVID-19 times, a 64-yer-old professional who was terminated from his job writes in to Greg Giangrande at the New York Post.

After the job was gone, in his job search he has encountered only rejection. Among his observations - and he is on the money - when the interview is via video, as with Zoom, he is bound to be turned down. His age, of course. The world is digital and it is tilted against anyone who isn't a digital native. The assumption is that older workers haven't kept up enough with technology. 

Of course, Giangrande answers "no." The man should hang in there. But he has to audit how he is searching for work, identify what isn't effective and experiment. Also, Giangrande recommends resources such as Workforce50.com and RetirementJobs.com. AARP is also in his corner.

Here also are the 5 pivots I found useful for those over-50 whom I coach:

At the top of the list is: Develop a positive mindset. Since you probably have to continue working to be financially secure, you will find work. 

Likely it won't be career-path kind. But that's okay. You are simply ahead of your time.

According to Willis Watson Towers, the career is 20th century. Instead, you will be setting up and updating a portfolio of skills and experiences. It won't be linear.

That applies to all generations, not just you. The members of the Class of 2020 could start out as a manager trainee in McDonald's USA. The next paid employment could be at a startup creating an app for reimagining the drive-thru aspect of fast food centers.

Number-two. Drop all concept of status. Sure, it was great to be known as working in a law firm. But, come on, work is work. And work leads to better-paying work. Not working not only triggers the atrophy of skills. It also erodes your ability to present yourself as a ready-to-work professional.

If you remain in the work box, it will be all about landing, holding, and moving to better work. A free read, here is my book on that fresh approach to bringing in income Download Outwitting ageism.

At age 58, I was a security guard in an inner city Home Depot. At age 59, I was putting together a boutique for digital marketing. That was way back in 2005. The loss preventing experience stated out as a contract job. Through hard work, I turned it into a full-time one with benefits. Management wanted me to accept a supervisory role. But, already I was on my way back to self-employment. Here is that story. Since I published it, which has had more than a million downloads, I have started up several new enterprises. You bet, I got over prestige.

Number-three. Reconfigure your network. Those from the past may be absolutely the wrong fit for you now. A useful book on how former networks can hold you back is "Necessary Endings" by executive coach Henry Cloud. As research on mirror neurons shows, we human being influence each other, cell by cell. Outdated influence can destroy your confidence in earning a good living, despite aging. 

There's a new version of you out there searching for work. No longer do you have the protective coloring of a law-firm employee. Part of this rite of passage is developing a fresh personal brand. 

Number-four. Learn new skills. The process can be cost-effective. For example, at a community college or trade school you can become certified as a substance abuse counselor or expert in a software. 

Public libraries provide free seminars in software packages. And universities often provide free non-credit courses to seniors. Some of them require a small fee such as $5 for registration.

Number-five. Ask for help if you sense you are "stuck." That could be in the form of a close friend, significant other, clergy, therapist, or coach such as myself. The answers are all inside yourself. But sometimes you need a guide to help you find them.

Anecdote: One of the handyman in this residential complex  - Bernie A. Fignar - has that full-time job. In addition, he has three other side gigs. He owns a super-large SUV and a giant camper. He exudes the confidence of a successful man. 

His secret to remaining working, even "at his age": He tells those hiring what results he can get for them and how. He doesn't recite an abstract laundry list of credentials. His presentation of self is in the now. Former law-firm staff have to be prepared to showcase how they are the best fit to do the job the employer needs to get done. 

The Future is already underway. Ghostwriting/Marketing Communications and coaching on those issues. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

5 of The Many Lessons Learned - Distressed Boies Schiller

The once-unthinkable is out there: Law firm Boies Schiller seems wobbly (think rumored cash flow problems) and could collapse. 

When Dewey & LeBoeuf was on its downward trajectory, there were myriad articles about lessons which should be learned from what would be a gigantic thud in the law-firm sector.

It's no longer premature to speculate about what lessons can be learned from the distress Boies Schiller seems to be in. 

Here are 5, of the many:

The court of public opinion can take precedence over what is done to be a fierce advocate for a client. There is a line not to be crossed.

The fallout from how David Boies sought to defend Harvey Weinstein has been brutal and sustained. Here The New Yorker exposes his strategy and tactics.

And his aggressive behavior on behalf of Theranos and its founder Elizabeth Holmes will be even more obvious when "U.S. v. Elizabeth Holmes" goes to trial next March (which COVID-19 will likely delay yet again). Meanwhile we have the book "Bad Blood" to get the full details of Boies' strong-arm tactics with The Wall Street Journal.

Even in a prestigious firm the divine right of kings is less and less acceptable. The founders of the firm demanded a cut of the revenue. That was perceived by some of the help as a kind of tax imposed. Way back when England's King George III tried that with the American colonists. They broke away, as have 60 Boies Schiller partners just in 2020.

Official and unofficial law firm policies will have to become less despotic. A new generation of lawyers has entered BigLaw. Like their fellow Millennials they are focused on changing the culture. Their edge is that they have technology down cold, which the leadership doesn't. That tech savvy can be weaponized. If they remain unhappy with the organizational culture, they can band together and launch competitive boutique law firms. 

Compromise is often necessary, even when one is holding a strong hand. There was the possibility of a merger with Cadwalader. But that might never have gotten off the ground because the media has it that Boies Schiller was unwilling to share financial details. Also founder Jonathan Schiller mandated his name be part of the title for the new entity created. 

That merger could have saved the legacy of the major players at Boies Schiller. Now, all could be lost. Power brokers have to understand when to hold and when to fold. 

Make succession planning a priority. Without a clear succession plan for when the founder steps back, no one can feel secure about the law-firm brand or the terms and conditions of their employment.

What Boies fooled around with didn't have traction. He is 79 years old. The big gun in that loop - Nick Gravante - has left. 

Admittedly, even careful succession planning doesn't always guarantee the continuation of success. The classic example of that had been GE. Jack Welch bet on the wrong horse to succeed him.

In short, the transition in leadership is always a tricky time. Handled badly or in a misguided manner, it could be the tipping point for the decline of the business. 

Branding should transcend the founding fathers/mothers and the high-profile players. From the get-go, it's demoralizing to have what might be considered a "cabal" dominate the media headlines. And, some speculate the media is the most powerful entity in the world. Its reach is beyond that of wealth or government. In addition, there's too much risk to have the reputation of a business so totally tied to one leader or a small group.

It's a fundamental in public relations not to feature any one person in most kinds of messaging. That person could soon be in prison for embezzling or some other brand-eroding activity. 

The more sustainable positioning and packaging are the models established by Joe Andrew at Dentons and Brad Karp at Paul Weiss. They are only one among many. Their law-firm's identity is not tied to them. 

There are many other factors involved in the present troubles of Boies Schiller.

The real takeaway here is the old adage: Nothing fails like success. Every one in a law firm has to be hyper-aware of what is changing and what could change.

A reminder of how fragile businesses are is the seminal book from the early 1980s  "In Search of Excellence" by Tom Peters and Robert Waterman. It focuses on how many companies that had been major players had failed. Ironically, some of the businesses those two management consultants praised, such as Wang Laboratories, had also gone kaput.

To paraphrase that line from William Shakespeare's history play "Henry IV" - Uneasy lies the fate of the business which wears the crown.

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Saving Boies Schiller - 4 Strategies for Reputation Restoration

Bloomberg Law analyzed the pickle prestigious litigation firm Boies Schiller is in.

Some might conclude all seems to be lost. And a death watch should be launched. The keywords associated with that could be guaranteed clickbait.

But, as with just about any entity in this era of reputation restoration, Boies Schiller can be saved. 

Here are 4 strategies:

Co-founder David Boies confess his sins. He can admit there were times when he was a bit too aggressive in how he advocated for his client. Those hours meeting with The Wall Street Journal editorial board about client Theranos had been one of them. As an "amend," Boies can establish a foundation which assists defense lawyers with ethical decisions about client representation. Simultaneously, he can showcase how the members of the plaintiff bar have become too clever by far. Notice the nuclear verdicts they are achieving. Sure, publish a book. 

Pull off lateral transfers.  Currently, one of the most powerful branding tools is successfully poaching key players from other law firms. Those prominent lawyers can create a new practice or enhance a practice already in existence. Boies Schiller wants to remain a litigation firm so it should poach high-profile personalities from that niche in the AmLaw 100. At Paul Weiss, chairman Brad Krap pulled off big media bangs with the lateral coups he accomplished. Some of those such as Karen Dunn had been from Boies Schiller.

Launch a needed pro bono initiative. There is that adage: Do well by doing good. At powerhouse Dentons global chairperson Joe Andrew has become the champion of The Little Guy. Here is his iconic opinion-editorial, published in The Hill. The outreach by Boise Schiller partners can be on behalf of small landlords in danger of bankruptcy because tenants aren't paying the rent.

Hire an innovative fast-results public relations firm. This situation requires fresh bold thinking. There is also urgency. Partners at Boies Schiller can pitch in the funds to finance this kind of investment in breakthrough moves on reputation restoration.

At stake, of course, is David Boies' legacy in litigation. He could go down as a "Bad Guy."

The story history writes is the players' responsibility to shape while still alive. Everything sends a message and it's up to David Boies  to be transmitting the ones which reimagine his professional branding.

Meanwhile, for now, the Karps and Andrews types of leaders are playing nicely in the influence sandbox. Within Boies Schiller and other troubled law firms, an internal committee could be set up to monitor their strategies and tactics, and integrate those which fit organically.

The Future is already underway. Ghostwriting/Marketing Communications and coaching on those issues. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)