Law And More

Kirkland & Ellis, et al. - November Is the Cruellest Month of All and More about The Office

COVID is easing.

Like a growing number of law firms, Kirkland & Ellis announced a date for the formal reopening of the office. That is November 8th.

Those entering the office will either have to be fully vaccinated or submit to weekly COVID testing. Note, Kirkland & Ellis isn't mandating the jabs. At least, not at the present time.

For lawyers who found calm and maybe some work/life balance operating remotely, November could prove to be the cruellest month of all.

The transition to the pressure-cooker of the Big Law office - an arena of fierce competition - could be brutal. So much so that after a few weeks or even a few days they can make concrete plans about exiting. There are options. Some other law firms have truly flexible arrangements. Also there are more virtual ones like Rimon Law. There is also establishing a solo office or boutique.

In almost belly-laugh fashion, Kirkland & Ellis notes that back at the ranch there will be free eats. Those include breakfast, lunch, and snacks. Also a concierge service will run errands like dropping off the dry-cleaning.

This gesture calls to mind the satiric blog post on Jeremy Blackman's "Anonymous Lawyer." In it a partner, totally full of himself, announced that hot chocolate would be served in the law firm kitchen during certain hours, as long as the cold weather persists. Yeah, and many of the associates had already pulled an all-nighter.

Legal media, ranging from RollonFriday to Abovethelaw, which cultivates relationships with inside tipsters, are bound to get plenty of dirt from the get-go as associates reenter office life. 

The challenges of trying to get work done in the formal office setting are not unique to law firms.

That's why the tone and content of that former series "The Office" resonated. The distractions range from gossip to drama. No one, not even the brass, is insulated. That's why everyone watches everyone else watching everyone else. 

At the end of the 1980s, the technology of the PC and a year's severance from a major consumer food corporation allowed me to rehome my career outside a formal office. 

In the small digs of the New York Metro area I set up my startup near the kitchen sink.

I had to climb over the bed to get to my files (paper never went away, did it). 

I often tripped over the extra phone line for the fax machine. 

Within seven months, I was grossing 30% more than my previous corporate base salary. Yes, lawyers you can hang out a shingle or join together to establish a boutique.

Success depends about 70% on marketing. I had lectured about that at the New York State Bar Association.

Another 20%, including for a job search, is confidence. During the past seven months, as I repositioned and repackaged my communications/coaching boutiques, I got help from an unexpected source. 

That had come from Paul Weiss Chairperson Brad Karp. That mortal turned out be a superhero on that front. Yeah, for a legal-sector roast celebrating his innovations (especially redefining the business of a law firm) those in the loop should create an action-figure comic book about his life and career.

Also, Karp supported my thinking and writing in blogging. This week Feedspot selected Law and More as among The Top 100 Legal Blogs. 

The other 10% is luck.

Meanwhile, for a growing number of lawyers, it's hiho hiho, off to the office they go ... But, maybe not for long.

Envision work on your own terms w/o a downsizing of income.

Now my home office is next to a fireplace.

Because of a very good year I am researching interesting holiday gifts for clients.

My only angst is not tripping over the cat. 

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Drinking Less Or Not Drinking At All - Leap Into Faith

"According to a Rand Corp. survey of 1,540 adults, the number of days in which Americans drank rose 14% during a month-long period in the spring of 2020, compared with the same period in 2019. In a February American Psychological Association poll of 3,013 adults, 23% reported drinking more to cope with stress during the pandemic." - anne Tergesen, "A Sober Curious Movement Builds Online, Targeting 'Gray Area' Drinking," in The Wall Street Journal, October 3, 2021.

Like any pleasurable activity, such as downing Doritos in front of the screen, drinking alcohol can become a habit tough to shake.

If determined, just as with those who were once chubby and now aren't, that can be done. But most will probably be stuck in euphoric recall of the satisfaction of the experience and head back into indulging in a bit of boozing. Or a lot more than that.

The danger, of course, is the habit can become a compulsion. Then, we're talking about a drinking problem. And research documents that lawyers, even Millennial ones, have a higher than average rate of problem drinking.

Some who recognize they're in that danger zone stop on their own. They realize at risk could be their earning capacity, family life, and health. 

On the Eastern European side of my family, which seems to have a gene for alcoholism, most members had that moment of clarity and stopped the disease DIY.

Others such as myself sought out a 12-step program. That was way back in 1981. There wasn't much else available. It was effective. But the approach is inefficient. Currently I would seek out something less time-consuming and less embedded with orthodoxies. 

Today, of course, as the WJD discusses, there are alternate treatment modalities. And a number of them are available online. 

This is strictly anecdotal. In consulting with experts in alcoholism and with being a sponsor of those starting out on their recovery journey this is often considered a key variable in success: belief in the process. The approach didn't matter all that much. What did was, well, blind faith. That's why it can be counterproductive to present a newbie with "evidence" of the flaws in a program. 

Maybe that's why so many sobering-up stories contain phrases like "getting religion" or "a spiritual experience."

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Yes, Lawyers, Of Course, You Like to Drink Alcohol and Other Stuff

"People like to masturbate. They also like to get drunk ... We are inveterate pleasure seekers, promiscuously grabbing little jolts of ecstasy ..." - In the "Introduction" of Drunk: How We Sipped, Danced, And Stumbled Our Way to Civilization" By Edward Slingerland, published in New York, by Little, Brown Spark, 2021.

Essentially the message of this book is that so many of the behaviors society warns us against are those which bring such joy.

Because the attitude about these is often so punitive (remember how Sally Draper on "Mad Men" was ramped into therapy when she masturbated in public) we can wind up mighty confused about what is normal and what crosses the line and gets us into trouble (remember how Jeffrey Toobin indulged himself on company time on Zoom).

That could be one reason lawyers have a tough time determining if their enjoyment of alcohol has become a problem requiring intervention.

Positioning and packaging pleasure as forbidden goes all the way back to the Puritans. 

Such a rigid sense of disapproval dominates old-line recovery approaches such as Alcoholics Anonymous. Implicitly it's banned to recount the period of excessive drinking as an experience of much joy. The speakers' stories tend to depict that time as one of great pain, not only for them but for myriad others. That's why one of the 12 steps involves making amends.

Such an unrealistic take on pleasure can be counterproductive in leaping out of the trouble. No surprise, AA is estimated to have a low success rate - between 5% and 10%. In 2015, The Atlantic published a highly critical article of AA.

A more effective approach at managing fun kinds of behavior which have gotten out of hand could be to loop into the pleasure. Yes, all that is wonderful. Now, what do you and I together do about what has turned out to be too much of a good thing? 

Such an accepting mindset might prevent so many of the crimes which could be rooted in repressed sexuality or shame even about masturbation.

Slingerland's book might be distributed free by the ABA and state bar associations. That could be more effective in eliminating problem drinking than all the research projects documenting its prevalence among lawyers. 

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The Politics of Dumpster Diving - From the Counterculture to Social-Networked 2021

This does not underestimate the brutal need of the current poor who can only survive through dumpster-diving. Some of us try to make their daily runs easier by leaving outside the dumpster what they could use. That frees them up from digging through or even having to leap in.

But, that's only one version of dumpster diving.

Another is the political. 

During the counterculture we who abandoned a suburban ethos for a minimalist lifestyle dumpster dived as a political statement. The objective was to send the message that you didn't need a job in General Motors (our base in the revolution was Ann Arbor, Michigan) to meet your basic needs. In addition, we participated in operating coops: Take what you need, leave what you don't. Donate a couple of bucks. As for other necessities of life such as medical care and psychotherapy (we were the first therapy generation) there were free clinics. 

Habits die hard. What was placed outside dumpsters in this small town I have picked up to furniture my new home. The finds range from a high chair for my elevated meditation table to a few lamps (they work). No political statements, this time around. Just a quick eye for what is free to take. Should I feel guilt that I might have denied the really-down-and-out what they could use? 

Where politics has taken on a social-networking signature is with the dumpster diving in Mahattan of influencer Anna Sacks. The Guardian covers her daily trash walk. Her activist message is that we are a throw-away culture. A subtext is how much organizations waste. She videos her journey and collections and posts them on social networks such as Instagram.

Will Sacks be able to accomplish ESG Moments and encourage business to recycle rather than toss? For example, she showcased a hairbrush that, if sterilized, could be given to those who need one.

Sacks is a hero of our times. But, unlike the era of the counterculture, her activist message might not have reach.

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JD Class of 2024, Practicing Lawyers, Law Firm Chairpersons - Your 2 Favorite Comfort Foods Now Rolled into 1

When the JD Class of 2024 starts their legal journey in overenrolled classrooms in the fall the stress will start immediately. That distress will prevail even if the Delta variant shifts instruction online. 

Meanwhile, lawyers who are already practicing their profession will continue to experience the hour-to-hour angst  in their home offices. Piled onto that is more unhinging if they are uncertain if and when they will have to pivot back to that ultimate pressure-cooker: the office in the trophy building. Yeah, it's back to having everyone watch them while they watch everyone else. 

There are also the chairpersons of law firms such as Brad Karp of Paul Weiss who have to bring into synch clients' encouragements where work should be done and what associates prefer. 

The good news is that they can now have their 2 favorite comfort foods - mac and cheese and ice cream - in 1 serving. 

That's the miracle concoction VanLeeuwen Macaroni and Cheese Ice Cream. CNN Business reports that Kraft Heinz partnered with Brooklyn-basedVan Leeuwen Ice Cream. Retail it goes for $12 a pint. 

Here is the promo from VanLeewen.

This comfort-food experience had been rolled out as a limited edition in New York, Texas, New Jersey, and California. At the time it had been available both online and in ice cream specialty stores. Immediately it had been sold out. But it will be available nationwide. 

On social media, though, some panned this remedy for the Overwhelms.

That was expected. There also had been critics of Nutella (both of chocolate and hazelnut) when it became known it was the primary choice of college students during exams. Pizza with all the toppings, that would have been okay. But that kind of gooey mouth feel for pre-schoolers ...

Tip: Do your consumption of mac & cheese ice cream in private. Influencers are gunning for you. Yeah, with video going. 

What is your comfort food? Please let this blog know - janegenova374@gmail.com.

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Apt Cape Cod Restaurant - Hero on Behalf of Employees (some who cried)

The verbal abuse from customers had gone over-the-top.

The tipping point had been the customer who tongue-lashed an employee who informed him that the breakfast takeout was not available because the establishment hadn't opened as yet. 

That was the backstory at Apt Cape Cod in Brewster, Massachusetts, reports The New York Times. Yes, some among the 24 employees had cried.

What the couple who owned the restaurant - Felt and Regina Castellano - did in response was close down the farm-to-table restaurant for a day to nurture their employees. They called Day of Kindness. 

Restaurants in MA reopened on May 29th.  

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From Rudy Giuliani to Declan Kelly: Drunkness Will Finish You Off (like your parents told you, learn to drink like a gentleman/lady)

"An inebriated Rudy Giuliani advised now former President Donald Trump on election night to 'just say we won' when Michigan and Pennsylvania hadn't been called yet. Washingoton Post reporters Carol D. Leonnig and Philip Rucker detailed the election night scene at the White House for their new book, I Alone Can Fix It: Donald J. Trump's Catastrophic Final Year, with an excerpt released Tuesday." - Nikki Schwab, Daily Mail, July 13, 2021. 

Giuliani is finished.

We have returned to the old-fashioned notion of the expectation that a man will be able to hold his booze and a woman will drink like a lady. That was part of the socialization the upper middle class and the ambitious middle class/lower middle class give their offspring. 

Also finished, reported the Financial Times, has been former head of consulting firm Teneo Declan Kelly. After his drunken behavior at a Global Citizen charity, he had to resign that high-profile job. 

Yet, boozing, often a lot of it, is embedded into everything from new business development to rewarding teams for successful performance. Add onto that the art of lobbying.

That presents new kinds of challenges in this era when so many professionals are exhausted from overwork. They often are simply not in touch enough with their mind and body to assess how much alcohol will result in a loss of control. A common peril is that the sugar in alcohol gives them an immediate jolt of pleasure and energy. They may feel better, so much so that they will assume they can drink more safely.  Call that The Fatigue Syndrome. It can precipitate a career-ender.

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You're Back Entertaining Clients, Prospects and Lobbying Inside the Beltway - That's Going to Cost You More

 "It’s getting more expensive to make wine, beer and spirits. Some vineyards, brewers and distillers say they are absorbing those costs for now, and prices for alcoholic beverages are rising more modestly than for other consumer goods, according to government data. That might not last, analysts warn." - Alistair MacDonald, The Wall Street Journal, June 30, 2021.

High-quality alcoholic beverages are expected when law firms entertain clients, new-business prospects and those in the loop inside the beltway. Despite the fall from grace associated with alcohol abuse of Teneo's former Chief Executive Officer Delcan Kelly, no one is going to step back from the unique pleasure of enjoying a good drink. 

The return of that in-person professional experience post-COVID means more expenses for law firms. However, that could be balanced by a continuation of less business travel. Those watching over that category are not bullish that business travel will circle back to where it had been before the pandemic. 

During COVID, partners were able to become more productive because they weren't road warriors. Also, the impact on the bottom line had been significant. PPP soared. Zoom meetings worked out just fine.

So, the good times will probably be rolling again in socializing in-person locally. That will be the edge law firms have which are based in major metro areas such as Manhattan or in an office in D.C.

Law students and junior associates who are focused on leveraging networking as an upward-mobility tool should start their education about all brands of alcohol. There are now online services facilitating sending a good bottle of wine to whomever. 

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Crossing THAT Line, From Rudy Giuliani to Delcan Kelly

"Rudy Giuliani was 'drinking heavily and incoherently' ..." - Katelyn Caralle, Daily Mail, June 28, 2021.

That's what happens: Drink immoderately and you will get nailed. Who nailed Giuliani is journalist Michael Wolff in his new book "Landslide."

Chief Executive Officer of consulting firm Teneo Delcan Kelly also is suffering the consequences of boozing which triggered inappropriate behavior at a charity event. He has lost both the General Motors account and a seat on the board of Global Citizen. Whether he can do reputation restoration - only time will tell. 

Of course, there will be a next. The tragedy of consumption of alcohol is the clouding of judgment. Those crossing some kind of line from okay social drinking to what can and will get them into trouble don't realize that they have crossed that line.

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Delecan Kelly Learns a Brutal Lesson about Alcohol Consumption at Professional Event

Mr. [Delecan] Kelly, chairman and chief executive of Teneo Holdings LLC, has apologized and temporarily reduced his duties at the consulting firm after getting drunk and behaving inappropriately with people at a recent charity event, a spokesman for Mr. Kelly confirmed." - The Wall Street Journal, June 25, 2021.

That charity was hosted by Global Citizen. 

Unfortunately for Kelly, the mea culpa didn't cut it. GM terminated its professional relationshp with him. Also Global Citizen removed him from its board.

This is a lesson for other leaders who take the risk of consuming any alcohol at a professional event.

Alcohol is a tricky substance.

Given all the variables associated with its effects those consuming the booze can't predict its impact on them. Also there is the possibility of not only a loss of control but also a blackout or no memory of behavior. 

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