Law And More

Boies Schiller Transformation - In Speeded-Up Business Cycle, The Past Quickly Can Become Irrelevant

Partner defections?

Allegations of a too aggressive litigation style?

Media pile-on?

Questions about conflict of interest?

All that, darkness associated with Boies Schiller's past, could be becoming irrelevant to its branding - or, more accurately, its rebranding.

Given the accelerated pace of business, what counts is the now. Call it The Zen of Business. Now is the fundamental of the Zen philosophy. 

Stakeholders don't care about Microsoft's falling behind in the tech world. They focus on what Microsoft is about currently. The same applies to laggard IBM. Its recent split into two hasn't impressed myriad watchers of its stock. So, its now is not promising as transformation.

For distressed Boies Schiller it could be a very different story. A major move forward in its transformation has been the work of partner Sigrid McCawley. She represents alleged Jeffrey Epstein victim Virginia Giuffre. Last Thursday, McCawley's defense team achieved the release to the public of Ghislaine Maxwell's 2106 deposition.

As The Guardian reports:

"This document ... is among about a dozen long-awaited Maxwell files that have been unsealed, with the first filing involving Epstein accuser Virginia Giuffre’s lawyer alleging the British socialite avoided a question 'about allegedly adult sexual activity related to Jeffrey Epstein.'" 

Therefore, it's no surprise that McCawley has been designated Litigator of the Year by American Lawyer. Law.com framed that recognition in this way:

'There aren’t too many 408-page transcripts of evasive deposition testimony that would warrant Litigator of the Week honors. Then again, there aren’t too many cases like the one lawyers for Boies Schiller Flexner have been handling for Virginia Roberts Giuffre for the past half-decade-plus."

Given how many unanswered questions are associated with Epstein, Maxwell and other big-name players such as Prince Andrew, this story is major. And, it's exactly the media platform Boies Schiller requires for a comeback. 

On other fronts, the law firm is also focusing on restructuring. As FN reports, that has included:

• Like many other elite law firms, becoming more cost-efficient through RIFs of staff
• Consolidating 13 locations into six or seven
• Promoting new talent, moving away from relying on the singular star founder David Boies
• Beefing up bankruptcy and restructuring practices, including lateral hires.

Partners and promising associates still with Boies Schiller could decide to stay put. Fresh talent can decide to interview with the firm. Client churn can be reduced. And prospects could be more receptive to a pitch.

Congratulations, Sigrid McCawley.

Meanwhile, Paul Weiss and its chairman Brad Karp have developed a branding aura during numerous lateral hires of Boies Schiller partners. 

Overall, the branding game has mutated into the challenge of sustaining the unique positioning and packaging. Differentiation is mandated reality. Elite law firms have developed the confidence to pull away from the herd. That has included decisions about:

• Fall bonuses (not being intimidated by high-profile bonus wars).
• Representing controversial clients, without an apologia.
• Layoffs of lawyers (despite political incorrectness of that tactic).
• Building or beefing up practices through aggressive lateral activity (which in itself has become a branding tactic).
• Expanding out of traditional boundaries of practicing law. (Multiple sources of income are losing its stigma.)
• Ignoring protestors (that is, blowing off establishment and tabloid media coverage)
• Marketing in new ways. Law firm CMOs can embrace Substack.

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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)

 

From Anthony Weiner to Jeffrey Toobin - The Unforgivable Tragic Flaw

Can reputation restoration "save" the career of Jeffrey Toobin? 

Well, that hasn't worked out so well for Anthony Weiner.

Both men, one-time high-profile players, share the same tragic flaw: lack of sexual impulse control. For Weiner that took the form of transmitting sexually explicit photos via a mobile phone. Toobin was caught masturbating during a Zoom business meeting. Along the way he also produced a child out of wedlock. 

Although society has loosened up about sexual mores since Puritan times, there are certain behaviors which will, at least for the time being, be unforgivable. They represent a mashup of arrested development (stuck in teenage years) and reckless regard for professional branding. In addition, they are total joke material. Who can have compassion? Forget it.

Of course, dating back to ancient Greek times there are myriad other kinds of tragic flaws. Hubris was a big one in Greek drama.

For William Shakespeare it was human myopia.

In the contemporary business world the tragic flaws often take the form of assuming you are the smartest one in your market sector. Or way too smart to get nailed for embezzling. Often those are forgivable. After all, it's only business. In America, country, god and sugary beverages had come first. In some circles, they still do. 

Actually, business has become the corridor of so many professional comebacks. 

For example, in the book "The Voice of Business: Hill & Knowlton and Postwar Public Relations," Karen Miller reports this: Some observed that Bob Dilenschneider, who had been a chief executive officer at that PR firm, had a tragic flaw. Either he was forced out of Hill & Knowlton or left voluntarily. Afterward, he went on the launch a successful public affairs boutique. So, yes, society allowed him to loop out. 

For Weiner and Toobin, there's likely no way back. If they are wise (unlikely for those with tragic flaws) they will petition the legal system to change their names, get cosmetic procedures and relocate outside the U.S. 

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Lawyers/Law Students - The Preferred Professional Persona Has Been Mutating into "Refreshingly Boring"

Presence is everything in professional life. Lawyers certainly know that. It's a critical factor in success, ranging from the negotiation table to the courtroom. 

Several decades ago management consultant Tom Peters called that your "personal brand." 

Now it's thought of more like the expected business persona. 

And, as Joel Mathis observes in The Week, currently that persona is "refreshingly boring." So, lawyers relying on theatrics should probably revisit that mode of the presentation of the professional self. 

Essentially, this stylistic shift is a push-back against the bombast of U.S. President Donald Trump. Mathis puts it this way: "There are signs that Trump's act has grown old." In contract, Joe Biden is boring. 

So, as you lawyers (and law students) go about your business, you have to focus in on what  "boring" looks like, sounds like and be experienced as by all your constituencies.

Essentially, "boring" is a form of transmitting the message that you are sincere - therefore trustworthy. You are not attempting to conceal who you are or your motives behind the various forms of charisma. 

Examples of the "refreshingly boring" style include:

• Ohio Governor Mike DeWine. Since the very early days of COVID-19, DeWine has been laboring tirelessly for the people of the state. He's cautious. He's there, with regular pressers. He's, well, quite boring. After the pandemic recedes and the economy stabilizes, DeWine will probably be drafted for a national office. Even though he is a Republican, he would be a good fit for a boring Biden Administration.

 

• ABC's evening news anchor David Muir. The most flashy he gets is to open the broadcast with a little drama about "breaking news." He pulls back on his personality to let in those who are the news. He gives special space to human beings making a difference. 

 

• Dr. Anthony Fauci. "60 Minutes" featured what a regular kind of guy Dr. Fauci is. There was even a scene of his making an Italian dish. He and his wife seem to live quiet lives. The low-key presence signals that his mission is to reduce suffering during the pandemic - not leverage it as a platform for a career homerun. 

Right now, are you too "out there?" Usually, as a guide for those I coach, I say this: Small changes can have big impacts. Just tone it down a bit. Don't eliminate the unique human being your are. 

Meanwhile, as the preferred professional style is mutating, keep an eye out for the successful players in the legal sector who avoid theatrics. Analyze what they do and don't do. Then figure out what you could add or delete from your own manner of presenting yourself in all your roles.  

 

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)

Jeffrey Toobin Back in the Soup Again - Theatre of The Private Part

Suspended.

That's the action The New Yorker took to deal with the conduct of its star legal writer Jeffrey Tobin.

As Joe Patrice reports in Abovethelaw, Toobin was accused of showcasing his private part during a Zoom call between members of The New Yorker and WNYC Radio.

Toobin contends that he didn't realize the video was still in progress. However, since he apologized to his wife and family for the appearance of that extra guest on Zoom, few are buying his explanation of inappropriate conduct.

This isn't the first time Toobin has been involved in as scandal because of behavior linked to sexual whatever. The New York Times noted in an article that the married Toobin and lawyer Casey Greenfield have an out-of-wedlock child. There had been a high-profile custody battle connected with that offspring.

The real story here, though, is not the busy life and times of Toobin's private part. Rather it is a public relations one. Can Toobin restore his reputation to the point that he could resume his role as a popular legal journalist?

His appeal comes from his ability to simplify the complexities of law to inform and entertain Main Street. Will that audience abandon Toobin? And is he on short time at the prestigious The New Yorker?

There are plenty of legal journalists out there who can cast spells on those who are fascinated with the America's legal system. Along with Patrice, there are two other legal journalists at ATL who know how to engage. 

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BigLaw - Differentiation, At Last

"While law firms have been criticized for often demonstrating a 'follow the leader' mentality, the recent divergence on layoffs, associate bonuses and lateral hiring suggest the legal industry may finally be breaking away from its herd mentality." - Patrick Smith, Law.com, October 19, 2020.

For years consultants to the legal sector have been hammering the need for large law firms to differentiate.

In other sectors, that had been for decades a fundamental of marketing. The classic book on that - "Blue Ocean Strategy" by W. Chan Kim and Renee Muaborgne - argues that creating a unique presence allows for premium pricing. It also prevents winding up competing through discounting. 

The bonus wars in BigLaw are an example of its breaking away from the traditional formula of how elite law firms should look, talk, walk and create human resources policies. 

In addition, some risked taking heat in the court of public opinion and laid off lawyers.

Others took another kind of risk: laying off staff.

Some might have annoyed clients and prospects by not laying off at all.

There also had been wild poaching of laterals. That, interestingly, was and is in itself a mode of differentiation.

An example is Paul Weiss, guided by chairperson Brad Karp. It established for itself an identity as a shrewd deal-maker. Among the competitors it siphoned talent from had been Boies Schiller.

Yes, Boies Schiller is a weakened player, However, a number of media outlets positioned and packaged the serial raids as a sort of battle of the titans. Conflict gets attention. In the case of these lateral moves, it got the right kind, at least for Paul Weiss and its leadership. 

Yes, there has been an Ah-Ha Moment. in BigLaw. The reality is sinking in, finally, that elite law is not immune from the current marketing reality that there is no space for generalists. That has long been the must in other sectors. Refusing to become a niche player doomed one to generic status. The game mutates into price wars. Exhaustion follows. And it shows.

Recently, I reimagined my two boutiques - one in communications, the other in career coaching - for a narrowly defined niche. That is The Future of Work. Business surged. So did interest in my branding. Download ReimaginingYourCareerWithJaneGenova.

Within that space there is a subcategory in pivots for aging professions. The mission is to mentor them on landing, holding and moving on to better work, no matter their age. Here is the free book on that.

Because of my new clear brand identity, it's easier to get articles published in third party media. Last week Odywerpr.com posted my analysis of the need for multiple sources of income. Some might recall that millennial lawyer Kevin Ha who has 13 side hustles, in addition to his full-time day job.

Why did it take me so long to pivot to differentiation? 

Answer: The same reason BigLaw dragged its feet on this one. It seems counterintuitive. After all, businesses had been socialized to go for all the action, not just a piece of it. 

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Who Is That Masked Man? - 5 Lessons on How to Navigate the Highly Political World of a Law Firm

Smoothly, Chris Christie is leveraging his 7 days in ICU as the platform for exiting Trumpworld.

The face mask has been politized. Christie confesses to the world his grave error in not wearing a mask when prepping Donald Trump for the debate. In the Trump Administration, the mask, of course, is a symbol of oppression. That is despite the high probability that it's absence inflicted COVID-19 on both the U.S. President's wife and son. 

The dots aren't hard to connect on this one.

Christie in not alone in distancing himself from what was once quite the power circle.

The headline of Catie Edmonson's article in The New York Times reads:

"Fearing a 'Blood Bath,' Republican Senators Begin to Edge Away from Trump."

The current phenomenon of flight from the divine right of kings presents useful lessons for everyone in law firms, ranging from equity partners (who are getting demoted) to staff (who are experiencing a Stalin-like purge). There are 5.

The large law firm, as is obvious, is a highly political institution. Usually to survive and scale it's necessary to be a political animal. That term, though, has become uncool. The new language for that includes "soft skills." "emotional intelligence" and "personal branding." Instead of focusing on raw power, the positioning and packaging objective is for "presence."

Yes, language is everything. In the high profile gender bias lawsuit "Tolton, etc. versus Jones Day," the defendant's big cheese in the D.C. office - Steve Brogan - is cast as the villain having total control of compensation and promotion. In that situation "power" has a very bad connotation.

As I see it, here is what is being confirmed in the Christie Masked stance. All 5 lessons are must-knows for to navigating law-firm life:

• Never be direct. Lawyers should know that. But amid all the pressures of that workplace, players might just let it a out. If there is a witness or witnesses, they can be sued. The media will run with it. Associates will notify Abovethelaw. Gay lawyer Aaron Charney nailed 'em for that kind of talk.

 

• Loyalty has to be managed with great care. It can be an asset. It can be a liability. Ditching those losing power can wind up ending one's own career. A dying animal can turn vicious. 

 

• Always nurture new sources of power. Everything changes.

 

• Build networks outside the organization. That blogger can deliver a hit on an enemy. The most effective attacks come from third parties. 

 

• Do favors. In a sense, they are kinds of Trojan Horses. They impose obligation on the receivers of the gift. You then can proceed from a position of some strength in the relationship.

It could just be that the law firm, as with Washington D.C., is more about power than wealth per se. (Agreed, wealth is a source of power.) Not that it's unique in that. Academia also operates on power. So, do most religious organizations. 

Those who cannot or will not embrace that as a given should search for other types of games. Self-employment, for instance, can be significantly less political than chasing tenure in a university or trying to build a congregation.

The best game plan, though, could be establishing multiple sources of income. Here is how that can go. Prediction: Multiple sources of income will become a necessary hedge in The Future of Work.

Full Disclosure: I came of age amid the last vestiges of the Frank Hague political machine. There was no margin for interactional error. None. Be perceived as not loyal and you had to move out of Hudson County, New Jersey. 

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)

 

Caroline Rose Giuliani (Yes, Rudy's Daughter) Recommends You Vote for Biden/Harris

In Vanity Fair, we have Caroline all-grown-up.

She has found her own voice and recommends that you vote.

When you do so, cast it for the Biden/Harris ticket.

An important thing Biden has going for him is that, she contends, he isn't a "yes" man.

Like that other Caroline from JFK's Camelot, this Caroline from Rudy Giuliani's rollercoaster career, we have been following her forever.

That included her teenage escapade of doing some five-finger shopping at Sephora. For that she got off with community service. But we could probably forgive that wrist slap - sort of. She was assigned to clearing up trash. The moniker I gave her was Smelly Caroline (in contrast to Sweet Caroline from the Kennedy dynasty.)

Unlike the other Caroline, we never did envy this one. Who would want to play under Rudy's desk? Sure, the guy did redeem himself holding together New York City after 9-11. But his tragic flaw - we still need to define it exactly - blew that up soon enough. Then, there was the desperate attempt to hold onto the limelight through onboarding the Trump Administration train. Also, there was the habit of ugly divorces, including that of Caroline's mother Donna Hanover.

In one more way Caroline mirrors the JFK's daughter. She recognizes her privileged background and how that imposes the burden of making the world better. Perhaps that's why she penned her opinion-editorial in Vanity Fair. Also, she has to get it that this credential will enhance her resume.

Caroline makes clear that unlike her father, she chose a career in the arts. In that she follows in the footsteps of mom - journalist, television/radio personality and actress. In the latter, her most famous (that is, controversial) role was doing "The Vagina Monologues."

Just about any female of Italian-American descent will salute Caroline from breaking away from a system of the divine right of the king. When I brought the man I was to marry home that was it. He saw what I had tried not to see. There was no resolution but to end the engagement. 

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Mistress in Chris Watts's Triple Murder - Nichol Kessinger Applies for Name Change - But, Is "Fresh Start" Ever Possible?

One version of the American Dream is The Fresh Start.

But, is it possible?

The mistress in the Chris Watts's saga - Nichol Kessinger - has applied for a name change. Daily Mail reports she is seeking a whole new identity including relocation. The recent Netflix documentary had made her even more notorious than she had been.

Of course, from the get-go the court of public opinion judged her harshly for "not knowing" (doesn't a woman somehow always "know" something is fishy about the man who claims to be separated) Watts was married. At the time the wife was pregnant. There were two young children.

In addition there was the matter of Kessinger's internet searches. They include the how-tos of anal and threesome sex. 

Years ago it had been suggested that the infamous intern Monica Lewinsky change her name. And, move to Europe. But immediately what was brought was the old adage: Wherever you go, you bring yourself. At the time, it was obvious Lewinsky remained the the same person who had gotten herself into that mess with a U.S. President. More recently, the issue is: Has she changed? Or, has she only become more adept in personal branding?

Back to Kessinger. Her two years of being out of the public view but not out of the zone of public vilification may or may not have changed her. The odds, though, are against it.

Even in that transformational 12-step program Alcoholics Anonymous, there is recognition that often the most that could be hoped for is: The miscreant stops drinking. That stops the harm to society. Also, to himself or herself. And, that's about it. There is even the gallows humor: You can sober up the horse thieves but they will still continue to steal horses.

Yes, there is the second chance in America. But few are able to use that platform to become the person or the professional they can be. 

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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