Law And More

Law-School Applications Were Up 21.8% During Peak Season - Debt as Opportunity

World and national events, including a pandemic, didn't discourage applications to law school.

During the peak of the application season in 2020, according to LSAC data, reports Abovethelaw.com, applications were up 21.8%.

Obviously, the average student loan debt they could be taking on  - $150,000 - isn't a deterrent.

I can understand why.

In 2003, I got it that my debt nut was six figures. Here I tell that story. The reason wasn't law school (I had left Harvard Law during the first year). It was the delusion of a continual increase in the funds coming in, from all sources. They ranged from the stock market (which went poof post-9/11) to my industry (which also went poof post-9/11). 

I set my mind to paying it all off. And that I did. One tactic had been radical frugality or minimalism. Another was simply becoming more business-like. I continue to value both. Had I not tumbled down the debt hole I would not be the person and professional I am now. 

In my coaching - one of my two boutiques - I help risk-takers manage their fear of debt and then how to be smart about looping in. Meanwhile, those not yet eligible for Medicare are preoccupied with the potential debt from medical procedures not adequately covered by their current insurance. Bankruptcy will probably be in the future for some of them. Instead of dread, they should be grateful the process exists in America. For England in novelist Charles Dickens' time, that was not an option. 

Financial planners might have done us wrong in having us view debt one-dimensionally. That is, as a burden. Often, it could be an opportunity. I graduated from a doctoral program with a student loan. That borrowing had allowed me to participate in counterculture politics. Otherwise I would have had to teach extra undergraduate courses.

Takeaway: In decision-making, blast through the platitudes. 

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Christine Priola - Time to Call Moratorium on Buzzwords "Mission" and "Passion"

Out on $20,000 bond for her alleged Capitol-insurrection activities, Christine Priola is a woman on a mission. Her passion is to end global evil-doing. More specifically she is focused on human trafficking, pedophilia and abortion. She is a QAan loyalist. 

Daily Mail reports on her pivot from being a therapist at the Cleveland, Ohio Metropolitan School District to having been arrested. The latter came about after she had been identified as the woman standing at Mike Pence's desk in the U.S. House during the D.C. riot. So far, 82 had been arrested and 55 had been charged.

In her letter of resignation from her job Priola saluted her missions. 

This kind of exuberance reflects the inherent danger of championing all that - that is, seemingly blindly embracing having a mission and plowing in passion.

At this time when American society is unraveling because of an excess of supposedly righteous causes, there could be an informal moratorium put in play for the buzzwords "mission" and "passion." The mindset embedded in those terms could be justifying violent behavior. That linguistic pause could happen if influencers simply back off using those words. 

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January 6, 2021 - The Language

The old joke had been that young people went to law instead of business school because they were lousy in math - and highly verbal.

Therefore, there must have been a lot of reflection in the legal sector yesterday about the language associated with the assault on the Capitol. Among the common words were "patriot" and "traitor." But those terms had nothing to do with the reality of what was happening. That was an attack on the law of America.

Perhaps media outlets can impose a voluntary moratorium on the use of those two terms until the new Administration officially takes charge.

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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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Changing Administrations, In-house Budget Cuts - Displaced Older Lawyers Pivot Away from 5 Self-Defeating Defaults

Of course, with the Administrations changing and the budget cuts coming in corporate legal departments, older, well-compensated lawyers could lose their employment. 

Also, age bias in professional life is real.

Primarily because of it, documents builtin.com, by your mid to late 60s, 90% of you will stop working. That's despite the reality that most of you do not have adequate financial resources to see you through your 70s, 80s and beyond without bringing in more income from work. 

But, that's not the whole story.

The other part is how too many of you are shooting yourself in the foot when it comes to searching for work, pushing for a promotion, moving on to better work, starting a business and/or growing a business. 

In my coaching those over-50, I have observed five specific ways in which you are stuck in self-defeating patterns when it comes to work. 

Gluing the aging stigma onto you. You buy in. No need to. You know your value as a member of the labor market. In addition, that mindset hardens into self-hate.

Pivot from apologizing for "being old" to talking the language of results. Explicitly let employers and clients/customers know what you can do for them better, faster and more affordably than your competition. 

Sure, there will be lots of rejection. Just move on. Remember how much rejection there also had been when you were just starting out in the labor market. Also, when you aimed for promotions or to expand your business ventures. 

Feeling compelled to explain (usually with too much detail) how things used to be done. You may be assuming such a description showcases your deep knowledge of the industry. Instead, though, it can brand you as stuck in yesterday. Those in power probably conclude you might not be flexible enough to catapult into all the changes going in that work setting. Embrace as your new mantra: The past likely has become irrelevant. 

Still chasing status. Work has to become a matter of income. Not career paths and especially not prestigious ones. That's not only a situation with the over-50. Increasingly, predicts Wallis Towers Watson, careers are being replaced by what you put together as a portfolio of skills and experiences. The path probably won't be linear.

Members of all generations are finding that, to continue to bring in income, they have to start over, again and again. Their industry might have gone kaput. Their skills are no longer marketable. The region they're living in is losing jobs to other regions. That re-start likely lacks status. It may pay less. But, as the old adage goes: Nothing gets you work like work. Working is more productive than not working. Also, when not working skills atrophy.

Here, a free read, is the bible for the over-50 on landing, holding and moving on to better work Download Outwitting ageism.

Allowing yourself to be overwhelmed by technology. The reality is that you only have to know the technologies associated with your work or those which will soon enough be part of your work. You don't have to know everything. And, your objective in learning is not to become a whizz in tech per se. 

Technology is a tool. It's your responsibility to have all the tools you need or might need in your tool box. No employer or client/customer is requiring you to have the expertise or even the perspective of an insider in the tech industry. 

Never learning the art of self-compassion. The burden of your past setbacks, errors of judgments and actual crashes is what you continue to carry around. You are not alone in looping into the negative, without the ability to understand and forgive yourself. That's exactly why the emerging meme is self-compassion.

Capitalism is a brutal economic system. You can't expect others to nudge you on the path of accepting the past and your own role in what didn't pan or went very wrong.

That's an inside job. How to learn the fundamentals of self-compassion?

There are religions which teach those. Shop around for a religious organization which is a good fit for you. 

Also, meditation can clear the channel in the mind. You can learn that exercise free on the Internet. For example, here is American Buddhist nun Pema Chodron on YouTube guiding you how to calm the turmoil of the mind. In one school of Buddhist thought, the mantra is: Clear thinking, don't know. That helps you from assuming you should have been infallible in your past decisions.

There are free 12-step programs such as Emotions Anonymous.

If you have good medical insurance, your co-pay for psychotherapy can be low. 

Or, you can start your own support group for acquiring the art of self-compassion. You may be surprised that youth will want to join. 

If you can find your way out of these five self-defeating behaviors, aging can be a gift. You can enjoy working without being excessively driven. Also, you have the wisdom to know when to stay and when to leave. That gives you the edge in the entire process of earning income from work - as an employee, gig player or business owner.

You may even become a late bloomer. University of Chicago researcher David W. Galenson documented there is such an entity. The book he published on that phenomenon is "Old Masters and Young Geniuses."

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Google Workers' Union Allows Contractors to Join - Could Evolve into Major Development in Gig Economy

"Employees of Google and parent company Alphabet Inc. announced the creation of a union on Monday ... The Alphabet Workers Union said it will be open to all employees and contractors, regardless of their role or classification." - Josh Eideson, Bloomberg Law, January 4, 2021.

What this unionization development could represent is a "backdoor" way those in the gig economy can organize.

If so, then the concept of unions for workers could come roaring back. A significant disadvantage of being a gig player is having no or little voice in the terms and conditions of working. In addition, the comeback of unions can impact the employment at-will that is the law in every state, with the exception of Montana. 

According to the 2019 survey "Freelancing in America," there are 57 million participating in the gig economy. That means that about 36% of the total workforce in America has the status of independent contractor. 

That percentage can surge as the labor market reconfigures during and after COVID-19. Employers have to become increasingly cost-efficient and flexible in manpower needs. Hiring independent contractors versus full-time employees provides that ability.

In California, Prop 22 made it legal for ride-hail drivers and delivers to remain gig players. They, however, do receive some of the benefits of full-time employers. Uber coined the term "Hybrid Workers" for this new model in the world of work. That could also catch on, instead of independent contractors pushing to join unions such as the one at Alphabet.

Meanwhile, the formation of that union, as Bloomberg Law points out, accelerates tensions between management and the workforce at Google and its parent Alphabet. 

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

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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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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The Old-Neighborhood Ethos of Snitch Winds Up In Ditch Still Applies (metaphorically) to Linda Tripp

 InternGate whistleblower Linda Tripp (1949 - 2020) will never be forgiven. Not even in this era when we recognize that all human beings have flaws, sometimes serious ones. Meanwhile, the universe has come to smile on the man at the center of the scandal - Bill Clinton.

In The New York Times, Irina Aleksander tries to humanize Tripp. However, she admits Tripp's legacy essentially will remain that of a miscreant.

Aleksander, for example, provides background on Tripp's childhood - a mode of analysis which had become standard on hit crime shows such as "Criminal Minds." Her father was a bully who abandoned the family. That was after abusing both Tripp and her mother. With no family money for college she was on her own. But she made it all the way to a good secure job in public service. 

So? Many others have Dickensian childhoods. Yet, they don't violate the fundamental human contract of not deceiving and ratting out those they convince are their friends. Such an ethos was how it went in "the old neighborhood." That "the old neighborhood" represents any aspect of our lives which shaped our deepest values. The term metaphorically captures what makes us believe in our notion of a society. 

According to the old neighborhood values, the snitch wound up in the ditch. Usually, it was a broken windshield. For kids, it was gum in their hair and a bloody nose. Worse, though, it would be if the mob such as from "The Sopranos" had been involved.

The popular film "A Bronx Tale" recounts how nine-year-old Calogero doesn't identify gangster Sunny to the police as a murderer. The unique bond forms. Those bonds, the audience seems to agree, transcend traditional types of law enforcement and "justice." Emotional ties are precious.

Baby Boomers might recall an office culture, during the boom times, when no one leveled being a tattle-tale in order to get ahead. Instead, we went to night school and acquired the M.B.A. Currently, though, whatever one says or one does can be disclosed in a negative manner to the brass (even if the brass is too overwhelmed to even want to hear all that). No doubt that reinforces the antipathy toward rat Tripp.

So, Tripp will remain in the history of American politics as Unforgiven. After all, she could have feigned friendship with any of us. Then recorded what we confided. She could have also given us dangerous advice. It was she who guided Monica Lewinsky not to dry-clean the blue Gap dress. Had Lewinsky not been able to provide so much evidence, she might not have suffered as much as she had. Ken Starr would have had less to go on.

Unlike Tripp, there is some forgiveness - along with smirks - for Lewinsky.

Where are we now with all this? The Tripp saga reminds us to reach back into those experiences which were so formative in our lives. It's there we should ferret out the values we want to be judged by.

Mine had been on the mean streets of pre-gentrified Jersey City, New Jersey in the 1950s. When local police and even the FBI swung by, we knew to look dumb. On the stoops of tenements, we stopped our games and stood mute. That meant we stood together. Years later during the college ethics course, internally I rolled my eyes. Those were not the old neighborhood rules of morality.

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Non-equity Partners: Learn to Sell (even on your own dime)

The average compensation gap between equity and non-equity partners is large. And so is the level of contentment between the two tiers in law firms.

That's what the new study by Major, Lindsey & Africa found out. And the primary reason, notes the study's head Jeffrey Lowe, is that business development, not hard work, is rewarded, reports Law.com.

For example, the average compensation for equity partners is between $1.24 million and $1.39 million. For non-equity, it's between $388 and $432,000. The satisfaction rates also showcase that fragmentation within the law firm. 

One quick take on this by Major, Lindsey & Africa is that non-equity partners tend to be strivers. Nose to the grindstone. They don't look up to figure out selling possibilities. They probably don't even do that fundamental in sales: Asking for more business from a satisfied client.

Yet, the strategies and tactics of effective selling can be taught. My hunch is that there are no "born salespeople." There are just alert hustlers who made it their business to observe why human beings buy, what form that packaging takes, the timing and the price. 

If the law firm doesn't provide training in marketing and sales, then the non-equity partners have to pony up the funds to enroll in a hands-on seminar on their own. That will break them open to what to them might seem to them to be a secret closed network of business development.

Back at the turn of the century, my industry collapsed. I took the initiative to start over again in my business perspective with an on-your-feet marketing and sales training program. After each class meeting we had to go out there and sell - anything. Even I, an intellectual, caught on. Yes, it was worth the high fee for the seminar.

Since then, in a world of growing uncertainty, I am convinced of one thing: Business is a sales call. It always was. And that will become even more the situation in the hypercompetitive work world as the global economy recovers from COVID-19. 

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