Law And More

Insight into Raw Rage, From Marlon Brando

The confluence of COVID-19 and a dicey economy is unleashing a tsunami of raw rage. That could reach from the client biting your head off to the murder down the block to parts of city going up in flames. 

But even in more tame times rage has cost society much. Also, individuals have lost their freedom. Jails and prison are packed with those who let their rage run its course.

In addition, my hunch is that frequently associates don't make it to partner in the highly political environment of the law firm because of rage under their internal floorboard.

Obviously, those anger management courses haven't been effective in reducing rage. 

However, help could be coming from a surprising source. That's Marlon Brandon. Last year, a new Brando biography- "The Contender" - was published by William J. Mann. 

The total dynamic of rage, from its source to simple ways to push it down (as Brando thought about it), is made so clear. No one needs to take Psychology 101 or tune into Dr. Phil. 

Here's what you will get from "The Contender":

• Rage can take shape because of an abusive childhood. The trauma of that may never go away. So much for the platitudes of healing. REPEAT: If you were an abused child, as Brando had been, you can be embedded with the kind of emotional setpoint that results in your throwing a punch after what others consider a minor assault on your dignity. 

 

• Own the rage. Through years and years of therapy and meditation Brand accepted that there was that force within him that it was his responsibility to control it.

 

• It's possible to create a DIY in your head to prevent the rage from rushing up to the surface - and getting you in trouble. As Mann notes, Brando was admired but not widely liked or loved. The tactic to manage the rage is analogous to what some anger-management courses teach: Find the midpoint in that powerful feeling. That is between being a doormat and exploding. Place the emotion at that safe midpoint. Then, stop. Think.  

If you are part of the post-book generation, however, the 624 pages could be too formidable to even order from Amazon or check out from the public library (they are open again).

That's the rub in this amazing resource for rage management. The author is a professor. Likely he leveraged researching and publishing this tome as a needed credential for his academic career. No surprise, although it's well-done and an engrossing read, it only ranks in the 200,000s on Amazon. It should rank higher.

Those with no intention of plowing through "The Contender" can grab onto this takeaway: Admit your childhood was that bad. Recognize when rage is building up. Push it down. Hold that position.

According to Mann, Brando finally did achieve peace of mind. That's what he chased. Not fame. Not even to create great art through his acting. 

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Harvard Law School - Transform "Career" Whatever to "Work"

On its website, Harvard Law School devotes a whole section to Careers.

Those in the trenches of this volatile economy roll our eyes.

After all, consulting firm Willis Towers Watson made it official: The old-line career path is mutating into a broad and nonlinear portfolio of work experiences. The new story we tell those hiring for jobs (what a quaint concept) and project assignments (more aligned with the times) is how those experiences make us the one to generate the results they need.

So, yes, rename the Career whatevers at Harvard and other law schools as simply "Work." Those searching for actual work or insight about how to transition could recognize the portfolio approach is more open than the careerist track for earning a good living.

Also, it could be fun for them to be creative about pulling together their myriad income-producing stints out there and packaging them as "Here's what I can do for you, Employer/Project Leader."

In itself that might reduce the mental illness and substance abuse which are at an-above-average rate in the legal sector. For example, when in one work slot, no one has to hang on for dear life to hold onto that source of income. The skills acquired can simply be tucked into the portfolio of experiences and resold somewhere else. 

For some, this is nothing new. The methodology was arrived at intuitively, to be able to make a living. An early example of that among the so-called best and brightest was the collapse of the academic market for doctorates in the humanities in the beginning of the 1970s.

The government had gotten it wrong. It predicted a surge in demand for college professors in that niche. It funded that projected need with the NDEA Title IV fellowship, providing a free ride for those willing to invest several years matriculating for the doctorate degree.

We wound up as a new tragic version of a Lost Generation. Those of us who were able to loop out of that disaster have done this: We keep repackaging those years "pursuing academic excellence" into what we could and actually are selling on the labor market. Yes, Project Manager, I have been trained in research. 

Currently, law firms, just like so many other businesses, are struggling to restructure. The "law firm" as we have known it might be a fading memory by 2025.

Harvard Law School can prepare its students and alumni for that now.

First steps:

Tear down all signage about "careers."

Talk straight about work: landing it, holding onto it and moving on to other kinds of work.

Provide free workshops on creative repackaging. In continually doing mine, I discovered I could leverage the record number of subscriptions I sold for the Newark Star Ledger as a fundraiser for Sacred Heart Parish School. I was 12. I was awarded a three-speed bike. 

Then, to siphon off angst, post the logo of those adorable seven little guys whose work is joy. No, work doesn't have to mean suffering.

The Future of Work is now. Ghostwriting on those issues and coaching for job search, transition, personal branding, re-entry after recovery and reputation restoration. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

 

No, Youth Doesn't Have to Go to Law School Or Invest in the M.B.A. - The 5 Fundamentals

 "Economists say the longer that young people are forced to delay their careers, the worse their prospects will be in the future to hold a job, accumulate wealth, or even get married or start a family." - Bloomberg, October 23, 2020.

Last month, the jobless rate for youth had been the highest for any age group: 12.5%. Back in April, that was how the labor market played out for them. Their unemployment rate had been 26%.

The tragedy of this is multi-dimensional. 

Research proves that if this generation continues to be stalled in landing That First Real Job they will never catch up to where other generations had been at their age and then leveraged that for "getting ahead."

Youth's mindset could be defeatist. Not everyone has been blessed by the universe with the gift of extreme resilience. 

Also, too many could cave to seeking a supposed safe harbor in advanced education. Already statistics show, for example, that enrollments have been on an upward trajectory for M.B.A. programs and law school. However there is no guarantee that by time they complete those degrees the labor market will absorb them. Meanwhile, they could be accumulating six-figure student loan debt. 

Barred access to what could be thought of as "grown-up jobs," they can't build a golden-plated network with successful people. The contacts from their school years could be in the same underemployment and unemployment wasteland that they are.

Yes, America certainly seems like a nation which eats its young. By time the Ok, Boomers got knocked out of the job box, they had assets like their houses, retirement accounts and savings. In addition, Social Security is still around and still hasn't been cut. Medicare makes it possible for them to have healthcare without paying hundreds of thousands annually.

But, for young people who are willing to search for work differently than has been the usual, the present and future can be bright. 

Here are The 5 Fundamentals I recommend to young men and women I coach:

• Stop focusing on a career path. Instead, as Willis Tower Watson hammers, shift from that old-fashioned notion to creating a portfolio of skills. Carry that around and you will always land work. Diversify the skills from mundane (like security guard) to sophisticated (like SEO expert). Need more training for additional skills? Rather than going for another expensive degree, consider low-cost certification or what the community college has to offer.

 

• Hedge for all kinds of economies by developing multiple sources of income. Even if you land a great full-time day job in a large public relations agency or brandname marketing firm, don't let go of other ways to regularly bring in a buck.

 

• Get over class consciousness. That rigid line between blue collar and white collar is blurring. For example, truck-driving, both local and long distance, can provide good income and upward mobility. The training could run, at the top, around $7k. Usually it's lower. There are arrangements for free licensing for those willing to work for that company for two years.

 

• Hang around with people with hope. We human beings influence each other, cell by cell. That's been documented by scientists who researched mirror neurons. Yes, despair is contagious. As mom and your high school guidance counsel warned, you are the people you associate with.

 

• Look for how to earn a buck today. The future is now. That plan in your head about The Ideal Career is merely an abstraction. You can't eat it. Instead, others will continue to have you for supper.

One more thing: It really is true: Adversity can be the most solid platform for building professional success. Use that pain to provide unique push to make it big.

The Future of Work is now. Ghostwriting on those issues and coaching for job search, transition, personal branding, re-entry after recovery and reputation restoration. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

California "Caves" on Bar Exam (finally)

"The California Supreme Court has approved a new rule creating a temporary lawyer licensing program for 2020 law school graduates as an alternative to the bar exam." - Sam Skolnik, Bloomberg Law, October 22, 2020. 

This alternative to sitting for the bar exam isn't the diploma privilege. Eventually, the test will have to be taken. However, recent law school graduates would be able to practice law without taking the test at the present time.

Despite the mandate that the the test is still a must, the program is an enlightened option to the online bar exam. The software for the online exam is obviously not ready for primetime. The majority in New York who did take the online exam found the experience was negative. Meanwhile, the recent bar passage rate in Idaho is 29%. Traditionally the passage rate ranges from 70% and 80%. 

As the press release from the Courts of CA explains, those who take advantage of the program would have been eligible for the bar exam between December 1, 2019 and December 31, 2020.

Those who opt in would have to have a commitment for a job or be accepted for a volunteer assignment in a legal setting or a government agency. As yet, the details have to be worked out as to how those in the program will be supervised. A group will meet on November 9t to determine that. 

The program kicks in November 17th. Unless extended, it will end in June 2022.

What this boils down is that recent law graduates can begin to earn a living practicing law without having to sit for and pass the exam right now. 

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Trendsetter San Francisco Passes Caren Act - Expect More of These

"The San Francisco Board of Supervisors on Tuesday unanimously voted to approve the Caution Against Racially and Exploitative Non-Emergencies (CAREN) Act – a new hate crime law that makes it illegal for someone to call the police based on a racially-biased and false complaint ..." - Jerry Lambe, Law & Crime, October 21, 2020. 

As this press release from the Board explains, there is a two-fold mission of the Act. One is to expand the definition of the protective classes. And, the other is to prevent calls to 911 to report alleged misconduct by those being harassed by "Karens," although they are doing nothing against the law or even offensive.

"Karen" is the moniker for middle aged white women who contact law enforcement about people of color. They target both men and women, in all settings. Be that a park in Manhattan or a swimming pool at a chain hotel. 

Despite the severe punishment the original Karen - Amy Cooper - has received, the contacts to law enforcement have continued unabated. 

Given that California is a trendsetter for legalities, the Caren Act is bound to catch fire across the U.S.

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Ok, Boomer Partners, Leverage Nostalgia to Develop New Business

The past is a known - unlike these very uncertain current times. 

Also, the mind tends to sort through that memory bank and select out happy moments. An example might be trying out Coca-Cola's new product introduction - Tab. It might have been with young friends.

No surprise, across Americana, there is mourning for the disappearance of Tab from our lives. BusinessInsider reports that announcement from Coca-Cola triggered widespread nostalgia.

That collective feeling reflects the nation's current return to heavy-duty nostalgia. 

Yes, the market for reaching back to what seemed a golden age (or at least lots better than 2020) is a growth one. 

Businesses which can embed them in their product/service offerings can thrive. 

Entrepreneurs can create whole new lines based on the nostalgia meme. 

Marketers and public relations representatives can leverage nostalgia into the messaging for clients. The iconic way that had been done was in the Kodak Carousel campaign developed by Don Draper on "Mad Men."

Individuals can also cash in. This is ideal for law firm partners searching for fresh ways to get the attention of prospects for new business.

Think about it. A platform for networking can be to create and strengthen bonds through shared memories. That can be done easily through commenting on LinkedIn Updates and Twitter.

Ok, Baby Boomers from the unique late 1960s and early 70s would probably welcome circling back to that period of extreme optimism. Also, reaching back into history has become effective in your podcasts, blogs, YouTubes and speeches. Right now there is rebellion against the assumption that the past is passed. Law partners can become downright philosophical. Likely, many of you had been English majors (there was such an entity back then).

Trends come and they go. The nostalgia one is, of course, a use it or lose it. In the present it's a power tool for partners in their law firms and in their personal branding. 

The Future of Work. Ghostwriting on those issues and coaching for job search, transition, personal branding, re-entry after recovery and reputation restoration. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

The Civil War in BigLaw - Dead Wringer for Global Generational Tensions

Media outfits, ranging from establishment Bloomberg Law to advocacy-oriented Abovethelaw, have picked up on the new conflict in BigLaw.

It's showcased in the sustained coverage of which law firms are awarding COVID-19 Appreciation Bonuses and which aren't. 

There is also the questioning of why and how BigLaw firms are representing controversial clients. Out the window is the fundamental that the accused deserve a defense. 

Essentially, it's a civil war.

On one side are the partners.

They control wealth and power - as well as the careers of non-partners. In addition, they could be pulling down annually five-million-plus dollars. That's more than the total compensation for the global general counsel at McDonald's in 2019.

On the other side are the associates and law students who represent cultural change.

Their position of strength (whether they admit it or not) is that within the large law firm they have, relatively speaking, little to lose. The odds are against making partner. Maybe they don't even want that anymore. They could be just playing the game for the experience. Also, their current compensation or what their future compensation as an associate is, compared with partners, peanuts.

Incidentally, the saga of Aaron Charney proved that lawyers can burn bridges and not only land on their feet. They can come out ahead financially. After settling with his former BigLaw employer for alleged sex-orientation bias, Charney could afford a condo in Manhattan. That's in addition to another plum job in BigLaw. 

Meanwhile, in the push-back process associates and law students are learning marketable skills. Those include organizing, looping in allies, assessing and implementing messaging tools and creating brandnames for themselves. About the latter, presence is almost everything in professional life.

Former U.S. President Barack Obama put together a personal brand as a community organizer.

Those kinds of abilities open the door to career paths in politics, leadership in nonprofits, the C-suite in non-traditional corporations and maverick law firms.

That squaring-off between partners and associates mirrors the global upheaval among generations. On an individual level climate change activist Greta Thunberg represents that. Between nations that played out when youth in Hong Kong opposed being controlled by the old guard in China. 

Not that such a conflict is new. There is a vivid visual memory of high noon in 1989 in China's Tiannanmen Square. Years earlier, there was the counterculture movement, symbolized by the British Invasion, that is, the Beatles. In America, that cultural disruption affected institutions ranging from the nuclear family to the academic-industrial complex. 

So?

It makes sense that the career-guidance departments in the T-14 law schools should develop a non-credit seminar titled "Reimagining the Law Firm."

At Harvard Law School, Assistant Dean for Career Services - Mark Webber - might consider piloting such an initiative.

The business reality is this: The law firm will mutate. It's in the self-interest of future lawyers to be thought leaders and/or actual foot soldiers in this civil war. During wars, names are made. Career mobility is extraordinary. To leverage that platitude: A war is a terrible thing to waste. 

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Hughes Hubbard & Reed - Lessons for Other Law Firms

With a gentle tone (rare for that media outlet), Abovethelaw provides the statistical highlights of the downward trajectory of Hughes Hubbard & Reed.

Over the past five years or so, for example, PPP has nosedived from $2.145 million to $1.141 million. Lawyer headcount is down by 80.

Between the lines are key lessons for other law firms which don't want to get into the soup.

Among those lessons are:

Don't only pitch for the BigCase. Among its major clients had been Merck during the VIOXX litigation. Then, that run of litigation is over.

If the pipeline is empty of other BigCases, the firm could begin to wobble financially. If the stink of that is picked up, there will no new business. Partners will head out. Laterals can't be poached.

Lesson: Go after bread-and-butter business, even if it's relatively small and not high profile. Often those clients will bring in larger projects. 

Diversify practice areas. There seemed to be too much expectation of revenue from product liability. In contrast, Paul, Weiss have nurtured a long list of practices in both transactional and litigation.

Lesson: Everything changes. 

Have a sense of urgency. When there are even subtle signals of trouble, focus in. Then quickly execute the proposed incremental change or overhaul.

Management consultants Tom Peters and Robert Waterman Jr. hammered the need for rapid response in their iconic book "In Search of Excellence." In the early 1980s, the book became the bible for Corporate America. At the time it was facing, for the first time, formidable international competition. 

Lesson: Unlike what Mr. Rogers told you, you are not special. Neither is the firm you created. Anticipate trouble. 

The tragic flaws law firms develop (or are born with) mirror the demons within human beings. The latter experience a reversal of fortune for exactly the same reasons. Those range from only willing to play in the elite sandboxes to magical thinking that things will get better, on their own.

The Future of Work. Ghostwriting on those issues and coaching for job search, transition, personal branding, re-entry after recovery and reputation restoration. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

Amy Cooper Arraigned on False Reporting Charges - In Addition, There Is the Crime of Unlikability

"Amy Cooper, the white woman who falsely accused a Black bird-watcher in May of threatening her life in Central Park, was arraigned Wednesday in Manhattan on false reporting charges." - Emma Tucker, The Wall Street Journal, October 14, 2020.

Among the charges is that Amy allegedly informed the police that a black man was trying to assault her. If convicted she faces a year in jail. Meanwhile, the case is being adjourned for a month to negotiate a disposition. 

That's the legal part of this story. 

The other part is what goes on in the court of pubic opinion. On a human level, Amy's "crime" is unlikability. Like all "Karens," she sets off emissions of stinking superiority. 

Likability is an important quality to have. In that iconic book about how Washington D.C. works "The PowerGame" by Hedrick Smith, what was hammered is that likability is a source of power. Obviously, Amy has no access to that.

For her, in the court of public opinion, she will never be forgiven. There is one exception. Her victim Christian Cooper indicated that she has suffered enough. After all, she had lost her good job at Franklin Templeton. In society she is a pariah. Christina didn't rejoice that there were criminal charges.

However, so far, the downward trajectory this Karen hasn't seemed to deter other Karens. They, in all their obnoxiousness, keep popping up in the media. 

Full Disclosure: I went to college - one of those all-women ones - with a number of Karens. Unlike Christian, I wish for them all the suffering available. 

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Legal Marketers and Public Relations Players - Yes, You Need Multiple Sources of Income

Downright reckless. That's what only working your day job or running your core business has become. 

Instead, it's necessary to create multiple sources of income. Darkness can fall fast, especially in the legal sector. There, you are staff.

The trick is for legal marketers and public relations representatives to this without diluting or corroding your primary brand identity. The bible of communications Odwyerpr.com just published my article on building, preserving and scaling wealth through side hustles.

BTW, lawyer Kevin Ha has 13 side gigs going.

Ghostwriting on careers/future of work. Also, coaching for job search, transitions, personal branding and re-entry after recovery. Very Affordable.  Make an appointment for a complimentary consultation (janegenova374@gmail.com)