Law And More

Crazy - The Edge, Dating Back to Puritan Times

Johns Hopkins professor Kay Jamison documented the correlation between creativity and mental illness. That was in her breakthrough book "An Unquiet Mind," which remains a brisk seller. Although published way back in 1996, it still ranks 1,969 on Amazon. Here it can be ordered.

Incidentally, Jamison herself struggles with a bipolar disorder and had attempted suicide. In 2002, she won the MacArthur Genius Award ($500,000 was the monetary part).

Yet, those with various sorts of mental illness can't shake the stigma. Actually, that bias against mood disorders and intermittent faulty perception often eats deeply into their own self-esteem. They drag around that diagnosis like stink on their shoe. 

Help could be on the way. Really.

As the New York Post records, the Van Gogh Museum is in the loop of certifying two things. One is that Vincent Van Gogh's self portrait is not a fake. And, two it was created by him in a psychotic state. The authenticity had been debated because the color patterns were muted, not the usual vivid hues. Some contend that reflected the artist's pulling back from being so out-there. He recognized his psychic shift at the time.

On February 21st, the Van Gogh Museum opens an exhibit with that painting in it. If the public relations is sophisticated it will hammer that the artist was producing from what could be thought as another dimension. 

Given the rigidity of capitalism, dimensions other than the maximizing of profits aren't welcome. A current commercial about insurance makes fun about that. It's labeled "being your parents." The art-student waitress is asked how she intends to earn a living after she graduates. 

Experience in professional life, though, indicates that being in other dimensions, full-time or just now-and-then, doesn't exclude being self-supporting or a big success. 

Actually, success driven by mental illness might not be reserved for the creative arts. In 2011, psychologist John D. Gartner published an amazing book. It is "The Hypomanic Edge: The Link Between (a Little) Craziness and (a Lot of) Success in America." Here it can be ordered.

Gartner starts off with that misfit group from the Old Country - the Puritans. Certainly they were operating in another dimension. But once freed from the establishment rules in the UK, they went about putting together an economy which had been for centuries the most powerful in the world. 

Ever since the Puritans, it's likely that many of the brandname entrepreneurs in America would be classified by those in the "helping professions" as, well, crazy. And, yes, like the Puritans they created a new kind of economy.

The authentic reason for concern about mental illness is that it can open the doors to suicide. A theory of suicide is that the distressed keep traveling through a series of unthinkable scenarios. "What if I simply stopped trying" could then open the next door which could be the psychotic "Suicide would help me feel better." The final door is the decision to go for it.

It could be that former partner at law firm Sidley Austin Gabe MacConaill might have travelled that corridor.

He had confided to his wife Joanna Litt his perception of emotional deterioration. Simultaneously, he had a hunch that going for professional help would tarnish his professional branding. Lawyers I have spoken to about that agreed that MacConaill was right. The sharks would have smelled vulnerability, circled, and that could have been the end of a high-powered career.

If the stigma around mental illness can be blown up and those saddled with that disease able to forgive themselves for imperfection, the "career price" paid for being treated could be reduced. In time, it could disappear. 

After all, from "Genesis" on, civilization has recorded examples of aberrant thought processes. Eve had to be out of her mind to risk what she had for a dream of more autonomy. Even more crazy was for Adam to buy in. Of course, the history of ideas punished them harshly. That included inflicting on them a son who was a murderer. However, Eve got the worst of it. Crazy women are more unwelcome in society than crazy men.

An effective constraint for moving on to the next door is to contact the deep listeners at Samaritans. The hotline is confidential, free, and operates 24/7. The phone number is 212-673-3000.

Full Disclosure: I have taken on clinical depression since age 11. Despite the family suicide gene I am still here.  

Smart global ghostwriting, with SEO and social networking know-how. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Boies Schiller - 2nd Round of Partner Defections

Founder of Boies Schiller David Boies is aging. He is currently 78, with another birthday coming up in March.

Ever since Ronan Farrow published his The New Yorker Harvey Weinstein expose, Boies also carries around the stink of scandal on his shoe.

More recently, that has extended to his legal feud with take-no-prisoners Alan Dershowitz. That is related to the Jeffrey Epstein legal and media mess. 

And, some remember that Boies had been both on the board of directors of Theranos and in the role of legal counselor for its founder Elizabeth Holmes. Her trial for fraud is scheduled for August. In his book "Guilt by Accusation," Dershowitz classifies that dual identity as a conflict of interest.

Recently Boies Schiller reorganized, with Boies passing on some responsibilities. 

Now this: There have been two rounds of partner defections.

The exit of partners always sends a negative message about the law firm. Questions arise: Is the firm financially troubled? Is the brand in play? Is leadership dysfunctional? Has growth peaked? 

The first had been by three partners in the Miami office who formed boutique Heise Suarez Melville. 

More recently, reports Law.com, 10 lawyers left to form boutique Roche Cyrulnik Freedman. The boutique differentiates itself by both its alternative billing structure for clients and compensation for partners and associates.

In terms of fees, it offers BigLaw experience at lower and more flexible price points. They are configured as defense-side contingency, flat, success, and equity fees.

In terms of paying lawyers, there is a veering away from the billable hour. New business development and contingency work receive monetary recognition. Associates can earn more than market rate salary and, from the get-go, do interesting work. 

Meanwhile, the media and business media are watching both Boies and Boies Schiller for signs of a shift into a downward trajectory. On Glassdoor, the law firm receives a 2.9 out of a possible 5 rating, based on anonymous input from employees. 

This is the era of supreme power of the media. It seems that Boies and Boies Schiller have become easy targets. 

Smart global ghostwriting, with niche social networking know-how. Also communications coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Lawyers Over-40, Who Aren't David Boies or Alan Dershowitz - AI Can Be Career-Extender

The findings of several recent research studies scream one thing: Workers in America are finished at 40, reports MarketWatch.

Of course, there are exceptions to that.

One had been mega celebrities such as Tom Brady, number 12 in the Patriots. When he is a free agent he will have his choice of plum opportunities.

Another group who seem insulated from the brunt of age bias are brandname lawyers. They range from David Boies to Alan Dershowitz.

But a surprising result from the research of David Neumark at the University of California at Irvine brings hope to older job searchers. That research is published in the National Bureau of Economic Research, which you can read here. 

Neumark investigated the recruitment process at a restaurant chain. When interviews were conducted in-person those over-40 were 46% to 65% less likely to be hired.

However, when they were conducted through automated decision-making systems (yes, think artificial intelligence) the age bias didn't prove out to be a factor in hiring. 

There are two major implications from Neumark's findings.

One, as more recruitment is automated, age bias could actually become less.

Two, aging workers should opt to apply for jobs in which the screening is primarily done through automation. Sometimes automation kicks in end-to-end. That extends from submitting a resume to the actual interview, which is conducted online. Then, what comes in the email are the job offer and the date when the employment starts. 

Another insight from overall research is that more of the aging who need to make income are embracing opening their own businesses or becoming independent or on-call contractors.

As just-in-time hustlers, workers can learn about myriad kinds of new ways to bring in income. In addition, they might gain the knowledge and confidence to start their own businesses. For example, the dog walker for Wag might launch a comprehensive service for canines. That could include transporting them to the vet and groomer.

Or they can land a fresh career path.

One older displaced lawyer who did a gig as a contract security guard wound up managing all the loss prevention staff at the security firm which hired him for a temporary seasonal assignment. Another unemployed over-60 generalist lawyer did a contract job at a collection agency. She hated it, but eventually she was able to be hired for a three-fourths job at a bankruptcy practice. 

Here, free to click open, is my book on making a buck, at any age Download Outwitting ageism

Coaching, lecturing, and writing/ghostwriting thought leadership content on human resources and careers.

 For individual coaching – sliding scale fees. Complimentary initial consultation. The special area of expertise is the displaced over-50 professional. Please contact Jane Genova janegenova374@gmail.com.

Lawyer and Author - Elizabeth Wurtzel Channelled Wild into Extreme Success

Did Elizabeth Wurtzel make it her business to disrupt?

Or maybe she simply had the genius to make wild into a platform for extreme success.

She got admitted to Yale Law School, despite lousy performance on the LSAT. Next she landed a job at the elite boutique Boies Schiller. Firm founder David Boies, a Unitarian minister, officiated at her wedding to Jim Freed. 

That was all after she had already published iconoclastic and best-selling books such as "Prozac Nation." Many attribute the take-off of the memoir genre to her public confessions of everything from clinical depression to substance abuse. 

It could be added that her flamboyant persona opened the door for others to succeed without taking on a lot of buttoned-down protecting coloring. Consider the early adopters in digital media and the builders of tech companies. In a sense, she also liberated ambitious women. Pre-Wurtzel, so many females were shoe-horned into dressing, walking, talking, and coloring between the lines as The Professional Woman. 

Hopefully, in college right now, iGens are considering "Doing a Wurtzel." That is, releasing themselves into a wild that can channeled into success on their terms. That could be her legacy. 

Today, Elizabeth Wurtzel died of cancer at age 52. 

The Next - Laterals, JD Class of 2020, Career-Changers Have to Get Their Elevator Speeches Just Right

In her 70s, Maye Musk remains a super model. 

In addition, she has become a best-selling author.

About a week ago, her book "A Woman Makes A Plan" was published. Immediately, it caught fire. Currently, it has the amazingly high Amazon ranking of 1,509. 

A central meme of "A Woman Makes A Plan" is the fresh opportunity that comes from starting over. Musk grabbed it during distressful parts of the her life and leveraged it as a platform for personal and professional success.

That's Musk's story.

Your own experience with starting over might not have been so rosy. That could even have begun when you were a 1L in law school. Or, sooner, during the unhinging of being a freshman in college. 

One major problem might have been this: You brought the past with you. Not only internally, that is, in your head, heart, and soul. You also didn't recognize the need to create a new "elevator speech." From the get-go that puts limits of possibilities.

Essentially the elevator speech is a short "commercial" which captures who you are and how that "who" can benefit others - employers, co-workers, subordinates, clients/customers, friends, neighbors, community groups, and other kinds of constituencies. That benefit can be as simple as lifting their spirits and making them feel good about themselves. Or it can inform them how you can be useful in their careers. 

Ironically, the elevator speech is not about you. It's about them, via the genius of indirect communications. 

The elevator speech is all positive.

It requires an investment of your time.

And, you bet, you must put it together, fine-tune it, and practice it before you parachute into your Next. Remember you only have about 7 seconds to transmit the right message.

Advanced preparation prevents blowing it because once you're in-place you're overwhelmed. Such stress leads to blurting, disclosing negatives, and ignoring the nuances of human bonding. According to the researchers on mirror neurons, we humans influence each other, cell by cell. It's up to you to leverage that to your advantage. Otherwise you can become downright self-defeating in the new setting. 

Let's look at effective and counterproductive elevator speeches:

Effective: Isn't Cleveland special! (That level of enthusiasm puts you in the conversational driver's seat.) It's such a blessing to have a position with Jones Day. How the kids love their school.

Counterproductive: We're having an adjustment leaving Manhattan (That's an immediate put-down of Cleveland) But Jones Day made me an offer I couldn't refuse (You sound arrogant.)

Effective:  I'm here. Can't believe it. I was 6 years old when my family vacationed in Tucson. The rest of my life I made it my business to return. I want the kind of life you have. How blessed you are. 

Counterproductive: Los Angeles was such a rat race. Too much traffic. (That positions and packages you as a complainer.) I hope this works out better.  Does the heat get to you? (Listeners get annoyed that you didn't factor that in before making the decision to relocate.)

Effective. I want to hear all about you. (There is the Dale Carnegie fundamental of showing a sincere interest in people.) Can I treat you to a latte? (Free can't be resisted). Starbucks, I found, is on the corner. (You sound like you are making a real effect to make this home.)

Counterproductive: When I get settled let's get together. (No body cares about your state of being overwhelmed.) By then, I will probably heal from being unemployed from the crash in the legal market. (You brought the stink along with you.)

Sure, new starts can be brutal rites of passage. But that transition can be transformed into the adventure of taking on another identity. Graduates of elite colleges are willing to earn peanuts just for a shot at being hired for acting roles. Trying on another persona can be equally satisfying. Plus, the return on the investment could be extreme success, in life and work. 

Experts on building power relationships - be they dramatist William Shakespeare or sociologist Erving Goffman - hammer the importance of setting a face to meet all the faces out there. That entails putting together the right elevator speech. Then continually modifying it as time passes. 

After a year in Cleveland and at Jones Day, here is how that could play out:

Effective: Cleveland has been so good to us. But you know the needs more than we do. How can we make a difference? My two boys want to pitch in, too.

Ineffective: The long hours of work. I haven't even gotten to the museum yet. I shouldn't be annoyed but I am that my kids want me to coach their teams.

Takeaway: The most efficient route to success is through other people. It's your mission to talk your way in. 

Smart global ghostwriting, with niche social networking know-how. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Paring Back to Core Competence - Law Firms Outsource More Operational Functions

One model for the current outsourcing of operational functions at law firms is from Corporate America.

In the early 1990s, the emerging template was to strip down the business to its "core competence." The term had been coined by management consultants C.K. Prahalad and Gary Hamel. Here is their book "The Core Competence of the Corporation."

That entailed identifying what the organization did best and then outsourcing the other functions. That freed up the business to focus on its competitive advantage and leave the other moving parts to other kinds of experts. The objective was to reduce costs and improve quality. In terms of the goal of maximizing profit, that was a must-do because competition was fierce domestically and on an international basis and technology was changing fast.

In a sense, a more recent concept blue-ocean strategy, developed by W. Chan Kim, updates the notion of core competence. What's highlighted is urgency. Without a clear point of competitive differentiation, the business winds up marketing a commodity, subject to extreme price pressure. Here is Kim's book. 

Law.com reports that trend is growing at law firms. The drivers include:

•  Reduce costs
•  Increase quality and productivity by having the experts in those disciplines actually do those tasks
•  Eliminate the need for the law firm to be distracted by recruiting and managing talent in non-legal fields.

What are being outsourced the most are technology and infrastructure. The International Legal Technology Association's 2019 report noted that the amount of technology outsourcing by law firms grew significantly since 2018. 

The outsourcing can take the form of literally transferring, for example, the whole technology staff to a vendor such as HBR Consulting. The members of that unit then are no longer law-firm employees but become employees of what had been a vendor. 

Another form it can take is retaining the function but relocating it to a lower-cost geographical location. 

However, what might be thought of as a "hand-off" does not mean the law firm no longer has to pay attention to those operations. It will have to continue to oversee vendor quality. One issue is who the vendor hires, both as employees and subcontractors. The weak link in cybersecurity often are third-parties such as vendors. As is well-known, a law firm brand for trust depends on its track record in protecting client data from cyber attacks. 

Of course, the implications of this core-competence trend is huge. Law firms can come to identify legal strategy as their brand expertise and outsource more of the hands-on case management. That could mean not an overall reduction of the need for lawyers. Instead it could mean that those lawyers will not be employed at such-and-such elite law firm. 

Smart global ghostwriting, with niche social networking know-how. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Work/Life Balance - What Law Firms Can Learn from Microsoft Japan (and maybe Finland)

Work/Life balance is good for business. 

That's what Daily Mail reports. After Microsoft Japan established the three-day weekend, productivity shot up 39.9%. 

That model of working less instead of working more is catching on. Recently, the new prime minister of Finland - Millennial mother Sanna Marin - established the four-day week, with each day consisting of six hours of week. Her mission is to allow workers to have more time with their families. She has one child.

This represents a counter movement to the prevailing Dickensian ethos dominating work around the world. Stanford Graduate Business School professor Jeffrey Pfeffer's book "Dying for a Paycheck" documents how long hours are literally killing off employees globally. 

But, will law firms pay attention to this pull back from the never-off-duty employee? Wistfully, some wonder if Gabe MacConaill would be alive today had his law firm Sidley Austin instituted mandatory work/life balance policies. At age 42, that law partner, a specialist in bankruptcy, took his own life. Here is coverage of that tragedy.

There is also a takeaway for solo lawyers and law students: Work less and, in the long term, you might be more successful.

Smart global ghostwriting, with niche social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Before Harland Sanders Became The Colonel He Had Practiced Law (quite successfully)

There was a time - and it wasn't that long ago - when it was easier and less expensive to "try on" careers.

And that was exactly what Harland Sanders, born in 1890, did. Later, when one career path worked out amazingly well, Kentucky governor Flem Sampson gave him the title "Colonel." 

Among Sanders' experiments was practicing law.

As we learn from Adam Chandler's new book "Drive-Thru Dreams," Sanders learned law from a correspondence course. An advocate for justice, he succeeded in getting favorable settlements for blacks injured in train accidents. He also made it his mission to reduce the court practice of pushing defendants to accept any settlement. 

Practicing law ended when he wound up beating up a client in the courtroom. The reason: The clients hadn't ponied up payment. Sanders had a temper. Lawyers who understand their worth can have empathy for Sanders' frustration.

Then Sanders went on to careers in these industries: ferryboats, insurance, trade association leadership, tires, and gas stations. It was in the latter that he returned to his boyhood skill of cooking. After his father had died when he was six years old, his mother went out to work as the breadwinner. Harland had to take over running the household. At top of the list of duties had been meal preparation. 

Essentially Sanders grew up in an era dominated by Car Everything. Last summer, the Toledo Museum of Art conducted the exhibition "Life is a Highway: Art & American Car Culture." Traveling by auto became a distinct form of Americana. Sanders "got it" that he could expand the usual gas station business with hospitality services. Those included lodging and, yes, food. He was 40-something.

His success with his signature fried chicken came from three sources.

One was technology. He applied a pressure-cooker method to speed up the preparation time. Travelers were tired and hungry, therefore impatient about waiting. 

The second was theatrics. Soon enough the white suit evolved into the recognized branding for KFC. There too he experimented. Sanders as human brand logo had started with a black suit.

And, third was just-the-right timing. As Chandler documents, fast food was becoming the American way of eating. Actually it was a ritual which unified the diversity of people across the U.S. 

But, his more general success with the myriad ways of making a living that he tried on primarily was due to his hustle, extreme confidence, and ability to shake off what didn't pan out as expected.

Should there be another nasty downtown and the 10,000 lawyer jobs predicted to be lost go poof, displaced lawyers should immerse themselves in the Sanders' template for positioning and packaging failure as platform for big success. 

Smart global ghostwriting, with niche social networking know-how. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

JD Class of 2020, Laterals, Displaced Over-50 Lawyers - Do a Job Interview Failure Audit

First there is the euphoria. You landed an interview with that law firm.

After it's over there is the relief that you got through it.

Also, if you are human, there could be magical thinking that you aced it. The powers that be will be in touch with an offer, pronto. Keep checking your phone.

Then, despair. That interview obviously knocked you out of the box. 

Despair is absolutely the wrong way to frame that experience. Instead, in your head, heart, and soul position and package it as the unique opportunity. Then do a comprehensive failure audit.

As you do that failure audit on every aspect of your job search you might shake loose insight that could put you on an amazing career trajectory.

In "Zero to One," venture capitalist Peter Thiel provides the anecdote of how he had been interviewed by not one but two justices on U.S. Supreme Court. Both turned down that Stanford Law School graduate.

At the time he was, of course, devastated. But he tells that story as a core career lesson: Had he not been rejected he might have been still on a career path which was not where his strengths could scale. There is that old adage: Smart people fail or underachieve because they are playing in the wrong sandbox. Employees, for example, should have gone the entrepreneurial route. 

That's exactly why career coaches push those they guide to apply for as many jobs or assignments as possible and to pull out all stops to land interviews. That's because it's action, not strategic thinking, which brings clarity. It's out there that you find out where you belong.

A post-interview failure audit should inspect:

•  What kinds of jobs or assignments are you seeking? Could they be a lousy fit? Maybe you belong in a midsize firm in a secondary market like Atlanta, not BigLaw in D.C. Or, you would be a great fit in Manhattan BigLaw, not SmallLaw in Seattle, Washington.
•  Are you sizing up the organizational culture right? In sales, at least the successful kind, there is the concept of mirroring. Those pitching take on the protective coloring of the organization and its players. To do that they have to uncover its ethos. Sometimes the differences among organizational cultures are subtle. If you don't pick those up perhaps you will never succeed in that culture.
•  Does being in that setting shake your confidence? Confidence is everything. Without it you try too hard. And you never advance. What is your comfort zone and how far can you reach out from it?
•  Were there some things about the interviewers which threw you off your game? Maybe those aren't the kinds of people with whom you want to invest your career. 
•  Did you turn inward? Perhaps you need to find a way out of the burden of self. Success happens on the outside. St. Francis of Assisi provided the famous prayer on the power of self-forgetting. 

At the time of the failure and maybe even for years afterward, the experience probably doesn't feel like opportunity. But it is. That's played out in the job hiring practices of many tech firms. Those hiring want evidence of screw-ups and lessons learned.

Coaching, lecturing, and writing/ghostwriting thought leadership content on human resources and careers.

For individual coaching – sliding scale fees. Complimentary initial consultation. The special area of expertise is the displaced over-50 professional. Please contact Jane Genova janegenova374@gmail.com.

 

Doing Your Failure Resume - Most Productive Way to Spend New Year's Eve

Those lawyers and law students who intend to do 2020 differently than 2019, a must-do is what is known as a Failure Resume. Yeah, screwing up has been hot since the time Steve Jobs had been kicked out of Apple. 

January 31st is the last day to put that chronicle of failures together.

Why it's a must-do is that it identifies patterns that have been obstacles in the past. That awareness can help prevent them in the future.

In addition, there can be a lifting of resentment against people, places, and things humans tend to blame for their setbacks. The Failure Resume gives the opportunity to take ownership of what part you yourself played in the disappointment. 

In her career-guide best-seller "What I Wish I Knew When I Was 20" Tina Seelig presents excerpts from her own failures in resume form. She focuses on three categories of failure: professional, academic, and personal.

You could add to or delete from that list. 

There is no one template. A simple version for professional failures could cover:

• What seemed like a sure thing but didn't pan out
• My direct role in the setback
• Lessons learned.

Sometimes it's useful to seek out input from others in creating the sections of the resume. Too often we simply can't see ourselves and how our mindsets and behaviors were destructive.

In 12-step programs that's how the Fifth Step goes. The human beings determined to free themselves of the wreckage of the past discuss their "character defects" with a person they trust. Essentially the attitude is: Here is what I think I figured out, but, is that the way it really went down?

The good news in all this comes from Seeig. She observes:

" ... if you aren't failing sometimes, then you aren't taking enough risks." 

The parents of baby boomers and even the older members of Generation X took few or no risks. Their model had been the job-for-life. It was irrelevant back then if they thrived on that path or not. No surprise, they eagerly embraced retirement.

In contrast, the new status symbol is becoming who is able to hold on working the longest.

So, lawyers over-65 should have plenty of motivation to reflect this New Year's Eve on what had gone very wrong. 

Coaching, lecturing, and writing/ghostwriting thought leadership content on human resources and careers.  

For individual coaching – sliding scale fees. Complimentary initial consultation. The special area of expertise is the displaced over-50 professional. Please contact Jane Genova janegenova374@gmail.com.