Law And More

Dementia in Legal Sector - Tragedy, Responsibility, Risk

"Over the last ten years, the number of lawyers practicing over the age of 65 has increased more than 50%. In 2020, roughly 14% of American lawyers were over 65, compared to 7% of workers generally. Meanwhile, more than one in nine people over 65 are diagnosed with Alzheimer’s, the most common type of dementia. The risk increases dramatically with age." - Holly Barker, Bloomberg Law, May 11, 2021.

In the legal sector, this tragedy had been played out in the popular series "Boston Legal."

One-time star lawyer Denny Crane, depicted by William Shatner, was aware of his declining cognitive functioning. He referred to it as his "Mad Cow" disease. In that series, there were no ethical or mandated conversations about addressing that situation. The programming wrapped with the poignant scene of Crane assuming a get-together was in his honor. There was no longer any ambiguity that his career was, well, finished.

With the problem of dementia becoming more common in the legal sector, no current fictional television series could create a script in which the members of the law firm or outside colleagues totally ignored the ongoing decline. 

In real life, the situation, as Baker points out, is one with myriad unresolved issues.

To begin with, it's necessary to differentiate what are the indications of the normal cognitive fall-offs of aging versus early signs of dementia. It is typical for Millennials to become impatient with the aging who keep reaching for a name or have to go to the particular file to recall the details of a case.

All that goes back to the classic tensions between generations.

Also, face it, the aging are clogging the upward-mobility pipeline in the legal sector. Sure, the market for lawyers is strong currently. But lawyers tend to be an ultra-ambitious group. Most continually chase more and the aging tend to be in the way.

Next is the issue of responsibility. State laws vary on mandated reporting of impaired lawyers, be the problem substance abuse or suspected dementia. California rejected such a requirement. Also, there is the matter of personal ethics. Concerned lawyers in the loop recognize the danger to the justice system the lawyer with dementia is unleashing.

And, third, is the career risk. The legal sector, unlike more fluid professions, is a relatively closed system. There remains the possibility of being black-balled if the lawyer violates any norms.

Given how difficult it is to land that first good job in law, hold onto it and move to better jobs, it might be professional suicide to out dementia by a higher-up in the law firm. Leave that to someone else.

Meanwhile those looking the other way will probably be pulled into the charade of "covering" for the impaired lawyer. An example of that play-out was featured on "Blue Bloods." The script focused on a judge whose clerk was creating the illusion that he could still function. 

With retirement evolving into an anachronism, the challenge of dementia in the legal profession will increase. A major must-do for lawyers and, yes, judges is for themselves to ask if even the aging process itself has lessened significantly their ability to perform their responsibilities. Options have to be created for them to pivot to less demanding roles without shame.

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Maybe Not Best Route to Reputation Restoration: Suspended Yale Law School Professor Jed Rubenfeld Represents Anti-Vaxxer CHD

[Suspended Yale Law professor Jeb Rubenfeld] ... is representing Children’s Health Defense (CHD), a nonprofit founded by anti-vaxxer Robert F. Kennedy Jr., in a lawsuit against Facebook and fact checkers Poltifact." - Kathryn Rubino, Abovethelaw, May 7, 2021.

Recently, many will recall, Rubenfeld's wife Amy Chua aka Tiger Mom had been in news for violating an agreement with Yale Law School. That was to not socialize at her home with students. 

The backstory on the CHD litigation is that Facebook first slapped warning labels about the accuracy of information on the CHD page. Then it actually indicated "false information." Rubenfeld has positioned and packaged the lawsuit in terms of First Amendment rights. 

This might not be an effective or efficient route to reputation restoration for Rubenfeld. Here is the article  I published on that in the bible of public relations Odwyerpr.com. 

Being associated with an anti-vaxxer cause when the nation is struggling to get beyond COVID seems like not-smart branding. Will constituencies at Yale Law School and in the trenches of practicing law push back against this development? Many lawyers are inept in the court of public opinion. They make significant errors in  public relations.

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Alaw Haf, Law Grad, Calculates Reward/Risk of Being Underwear Model on OnlyFans

Like so many young people around the world, Alaw Haf, a law graduate, lost her job at the beginning of COVID, reports Knewz.

But, no slouch, she pivoted into a real money-maker.

Currently, this resident of Mold, Wales, nets $83,000 a year.

She does that by operating her own site on international social media platform OnlyFans. There she models underwear in the bedroom of her parent's home. When she explained her entrepreneurial venture to mom and dad, they bought in.

Essentially, OnlyFans is a content subscription service. Haf's users or fans, however they want to think of themselves, pay a monthly fee for access to her exclusive content. That's much like law firms pay for access to the exclusive content of Law.com. 

Unlike Instagram and YouTube, the content is not censored. However, OnlyFans has evolved beyond its image as an adult-content brand. That was back in 2016 when it had just launched. Stars ranging from Cardi to Bella Thorne, reports South China Morning Post, helped give it legitimate cool.

Currently it is known as welcoming all genres. Those include recognized influencers. Its parent company is Fenix International, headquartered in London. Its chief executive officer is Timothy Stokely. During the pandemic it grew 615%. Right now, it remains private and, according to its website, has over a million content-creators.

Of course, Haf is weighing the current rewards of performing for her fans on OnlyFans with the risks to her future career prospects.

However, many others in law are in the same pickle. For example, in the U.S., it often takes time for a new law graduate to land a job requiring the JD and bar membership. Meanwhile, they usually have to take a job not directly involved with law to pay the bills. Those I coach are usually in high angst that such employment will throw shade on their resume. And how will they discuss it on an interview?

That doesn't have to happen, I explain. Their approach even for interim work to make ends meet has to be strategic. The employment should be able to be positioned and packaged as a "bridge job." That is, it's a natural fit with the career path of law. A position in loss prevention would make for a better bridge job than flipping burgers in fast food. Part-time work as an apartment leasing agent is better than dog-walking or delivering pizza.

Given that Haf seems quite resourceful, she could probably leverage this experience into a niche in law. That could be related  to the international legalities of social networks. Or she could parachute into the marketing side of law.

Small changes can trigger big success in your career and your business communications. Swing by for a complimentary consultation (janegenova374@gmail.com)

 

Gray Divorce - Lawyers Have to Help Those Considering Starting This New Chapter in Life to Be Self-Protective

A new version of divorce denotes a positive development among older Americans. It's called "Gray Divorce" and it results more from soul-searching than outright conflict. 

The Wall Street Journal, of course, focuses on the Gray Divorce of Bill and Melinda Gates. But, its coverage is really about this opportunity in life to have a fresh start. During COVID, more aging had the time to reflect on if the life they were living with someone they married years ago was the one they wanted to go forward with.

As with the Gates, the parties in a marriage find their children grown and the overall professional struggle over. They can relax. Also, given increased longevity, there might be 30 or more years ahead. 

However, those in the family loop and on the divorcing couple's networks might experience emotional dislocation by this change. Will they have to choose sides? And the unraveling might continue for years. 

Way back when my middle-aged sister Anne Murga-Ring and her husband Victor Murga divorced. Over time I tended to bond more with her former husband than her and her next husband Scott Ring. To me Victor is "family." Actually, I never met Scott. 

Obviously, those considering a late-life divorce have to plan for their separate financial future. Lawyers have a special mission there to help prospective clients protect their assets. This could represent a niche business under the overall divorce umbrella. To brand themselves as specializing in Gray Divorce they can provide those in-person seminars on must-dos for those toying with launching the next chapter without the spouse of many years.

Small changes can trigger big success in your career and your business communications. Swing by for a complimentary consultation (janegenova374@gmail.com)

Yes, Legal Marketers, You Should Be Experimenting With TikTok

"TikTok is the place to go for new dances, viral taco recipes—and, now, financial advice. The big benefit of TikTok is that it allows users to dole out and obtain information in short, easily digestible video bites, also called TikToks. And that can make unfamiliar, complex topics more palatable to a younger audience ..." - Cheryl Winokur Munk, The Wall Street Journal, May 2, 2021.

Legal marketers have to pay attention to this trend. And experiment with how to put content that fits the law firm brand and stays in the regulatory boxes on TikTok.

After all, young people are becoming the decision-makers in every kind of entity, ranging from the Fortune 100 to startups to nonprofits. More and more of my clients enjoy TikTok. Their edge is that they are totally at home with digital. Often, some form of digital is the competitive weapon.

In addition, by studying the communications dynamics of TikTok marketers can position and package their messaging to engage those under-40.

Social networks gain and lost engagment and influence power. TikTok is on an upward trajectory. So is LinkedIn. 

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Law Firms - Understanding Your Thirtysomething Associates (and partners)

Sure, law firm leadership, you can contract with consultants to brief you on the thirtysomethings in your offices.

What you're already hearing from the media is that they are burned out, critical of the culture and know they have other options. The most talented might have already done a lateral or even gone solo.

In addition, you have to deal with the reality that the unhappy or distressed at your firm are leaking your confidential internal communications to Abovethelaw.  Here is the one from K&L Gates.

But, a more intimate introduction to the thirtysomething is through the new book "But You're Still So Young: How Thirtysomethings Are Redefining Adulthood." The author is seasoned journalist Kayleen Schaefer. Her publication credits range from Vanity Fair to The New York Times. Just released in March 2021, it ranks high on Amazon. She herself is a thirtysomething.

Essentially the "story" of the thirtysomething generation, as it unfolds in "Still So Young," is one of expectations not happening.

On the one hand, in their rear view mirror they see the ethos of the 1950s.

That was not only a more simple time.

The rites of passage were predictable and occurred on-time: education, career, marriage, American dream of home ownership and family. They want some of that. Of course, that linear sequence is not easily put together in the volatile 21st century. Among the landmines along that once-standard path have been three economic downturns, dominance of the gig work model and student loan debt. 

On the other hand, they are discovering it is exciting to try out new approaches to everything from launching a career to finding connection. That, some psychologists speculate, has prevented their becoming developmental delayed. All the newness had been keeping their brains "plastic."

Obviously, most have experienced hard times, both financial and emotional. Overall, finally, they sense they are finding their way. That's through mapping out their own unique journey. All likely realize, though, they are not out of those woods yet. Some of those who assumed they had achieved financial stability had the rug pulled out from them by COVID. Too many are still living home with their family. COVID increased that number. 

Riding that rollercoaster has shaped the thirtysomethings not to be willing to buy into the configuration of traditional career paths. Another lesson is not listening to the perceptions of others about what they "should do."

For instance, they have been disappointed too much to bank, literally, on the assumption that extreme hard work and conformity to organizational values will bring X or Y reward. That hurt is so raw that they are willing to accept a pay cut to make a living according to who they are and what they can get out bed in the morning to do. In the book is the up and down and up again chronicle of Marcus. 

The author herself questions the fierce all-work ethic she had embraced when working at Yahoo. Parent Verizon is currently exploring the sale of Yahoo, reports The Wall Street Journal.

The culture of most large law firms doesn't fit well with this generation. That could become a problem for BigLaw in recruiting and retaining young talent.

Reflection: In the downsizing of Corporate America at the end of the 1980s, we exiled middle managers also had that same moment of clarity current thirtysomethings have had soon after college: We couldn't buy into what was then still referred to as "the system." We boomers had to figure out on our own how to make a good living. 

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Andrew Cuomo/Eric Schmidt Alliance Bridges Digital Divide for New York - Model Could Catch Fire Througout U.S.

"[Andrew] Cuomo took the recommendation from [Eric] Schmidt’s reform commission Reimagine New York, and signed a bill that requires internet providers like Verizon to offer lower-income families basic broadband access for no more than $15 a month, a cap that Cuomo says is the first of its kind in the nation. High-speed plans will be capped at $20 a month." - Theodore Schleifer, Recode, April 16, 2021.

About 7 million are eligible.

Schmidt, the former chief executive officer at Google, hammered that access to the internet is a necessity.

Of course, he's on the money, literally. It's almost impossible to embark on a job search without the internet. During COVID there also has been a scramble by many public schools to provide free internet access to low-income students for remote learning. Some also distributed tablets.

But the shut-down of in-person instruction only made more apparent the need for internet access. Even before COVID public libraries throughout America had been filled with both children and adults plugging into their internet connections. Then when the libraries closed because of the social distancing of COVID those who depended on them for digital communication were stranded. 

Likely the New York model will catch fire in myriad other states. That could be significant in helping the unemployed get back to work.

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Yale Law Professor Amy Chua aka Tiger Mom Needs Guidance in Crisis Management - The Urban Cockroach Phenomenon Dominates Her Brand

As many know, brandname law professor at Yale and iconic expert on parenting (Tiger Mom) Amy Chua had been reprimanded last week by her employer.

Essentially it had been a slap on the wrist: being stripped of the assignment to oversee a group of 1Ls next semester. Small stuff. 

Had Chua been trained in crisis management or had contracted with a public relations firm to position and package that negative development in her branding, she would have done two things. They are fundamentals in reputation restoration. 

The two musts in effective crisis communications are:

• Admit any part in what has been contended or proved to have transpired. The mea culpa humanizes. 

 

• Unless there is a need for continual briefings, lay low. Most negative developments blow over. Someone else or some other organization will be screwing up.

Instead, Chua sprung into a defensive mode. She issued this letter to colleagues. One would have expected someone trained in law - a profession that operates on language and nuance - not to have transmitted such as document.

Among other things, she contends she felt "bullied." In the Zoom meeting she demanded with the Yale Law powers that be she indicates she felt "degraded." 

Of course, as crisis-communications experts worth their salt would say, those moves following her lightweight censure have worsened the situation.

For example, influential Abovethelaw has run with these latest developments. Google loves ATL.

In short, what could be called the urban cockroach phenomenon has taken place. As anyone who has grown up in New York City or Jersey City, New Jersey knows, once one "roach" enters the space, many more will follow. Often it's impossible to "get rid of the roaches."

In this situation, alumni have come forward to refute Chua's defense. Expect more constituenices to creep onto the surface from where they had been in a safe resting state.

Here is the article I published in O'Dwyer Public Relations on how her husband Jed Rubenfeld could restore his own reputation. He had been suspended from teaching at Yale Law for two years. The reason had been alleged sexual misconduct. 

Likely, Chua will also require that kind of process of reputation restoration. Her brand is in play. It could be rescued if she takes the right steps. It could lose its entire equity if she continues making some very bad moves. 

Reflection: As Dan Goleman hammered, cognitive IQ has less to do with success that emotional intelligence.

Yes, place your paid sponsored content on this blog. Affordable rates. Please contact Jane Genova at janegenova374@gmail.com.

Not the Professionals or Human Beings They Were Pre-COVID: Legal Sector Should Anticipate Values Earthquake

The legal industry might anticipate an earthquake in values.

That force field could rock law firms and in-house legal departments. The pheonomenon could be triggered both from those inside and third parties.

The U.S. Supreme Court might be shaken up also. Last Friday, U.S. President Joe Biden announced establishing a 32-person panel to review every aspect of the High Court. 

As The Wall Street Journal reports, the majority of Americans are not the professionals and human beings they were before COVID became a reality in March 2020.

Let's look at that from our own experience. You probably have plenty to add.

First of all, they get it that they are alive. They didn't die from the virus. Sure, those they cared about or knew from work those who did die. However, they didn't. Survival provides a platform for a new start. Despite hatred of change, many are ready to do just that: Change. 

Also, they might have experienced profound anxiety about their professional status. Would their law firm lay them off? Corporations' financial performance got hit hard by COVID. In-house legal was no longer a safe (and relaxed) harbor. After so much suffering they have gained a fresh perspective about the place of work in their lives and how much they are willing to endure for traditional achievement. 

Therefore, it's no newsflash that James Suzman's "Work" is a best-seller. Although it's ponderous - 464 pages - it ranks high on Amazon - 33,314. In addition, Stanford Graduate School of Business professor Jeffrey Pfeffer is getting attention for his "Dying for a Paycheck" movement against exploitation of the global workforce. 

And, third, social isolation provided over and over again that moment of clarity: Relationships are important. Human beings are a social animal. You bet, make time to find and nurture those human ties.

The legal industry will have to pony up real solutions for work/life balance. Read Glassdoor and the universal complaint is too much work, much of it unscheduled. That eliminates the opportunities to lock up social. For Jones Day, an associate posted on Glassdoor in January 2021: "zero work/life balance." That employee gave the firm a 2.0 out of a possible 5. 

Of course, media outlets are in the business of picking up on trends. The disruption in the cultures in the legal sector is what they will probably focus on. And it's not just the advocacy player Abovethelaw. Traditional media centers such as Law.com are also looping in. Recently it published an article that indicated some skepticism about Orrick's much-praised paid Unplug initiative. 

For decades, thought leaders will analyze how COVID transformed the perception of work per se and the collective unconscious of America. A lot is so so different. It's up to the legal sector to adjust.

Yes, place your paid sponsored content on this blog. Affordable rates. Please contact Jane Genova at janegenova374@gmail.com.

 

Bloomberg Law Looks at How COVID Changed the Retirement Scene

No suprise, COVID has thrown in a wrench in many retirement plans.

According to the Census Bureau, reports Bloomberg Law, 3.1 million of those over-55 now plan to take Social Security early. On the other hand, 1.4 million intend to work longer than they originally had mapped out. 

Overall, COVID has hit the career paths of the aging hard. The Guardian calls them "The Lost Generation of Unemployment."

Essentially that has meant the concept of a career has ended for them. It would be difficult to land another job on that career path.

There is the option of freelancing in that space but across the generations competition for gig assignments is stiff. 

Another option is to shake loose the mindset of a career. Instead go for income. The objective is to land the best fit of tasks which pays you the best. Ideally, it would be great if you picked up new skills in those gig slots.

Here, a complimentary read, is my guide on staying working, no matter what your age Download Outwittingageism.

Reflection: Willis Towers Watson projects that careers are totally yesterday. Instead workers will be developing a portfolio of skills and experiences. So, yes, start building your new kind of portfolio.

Small changes can trigger big success in your career and your business communications. Swing by for a complimentary consultation (janegenova374@gmail.com)