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)

 

Dog Fight in Search - Heidrick & Struggles

"Like industries across the country, and the world, executive search was devastated by the initial impact of the COVID-19 crisis. But a newly-released Q2 report on the industry by recruitment software developer Thrive suggests that recovery may be closer than many people expect." - HuntScalonMedia, August 18, 2020.

Whether the search for professionals is going on for public corporations or for law firms, there's a dog fight to be assigned the search. Next, is the challenge of completing the search.  

Given the high uncertainty in the global economy, new kinds of skills are required for both parts of the recruiting process. One is extreme competence in Emotional Intelligence (EI). Before Dan Goleman brought that term mainstream, that used to be known as "soft skills." 

If the recovery can maintain traction (doubtful as COVID-19 circles back in Europe and the U.S.), the question is how will the major players in executive search such as Heidrick & Struggles do? Probably more to the point, which competitors can even hold their own if the recovery falls off the cliff?

Yes, hear the hungry dogs growling about this one.

Admittedly, I am operating on a very small sample: They were two experiences I had in one traumatic day with Heidrick & Struggles. One was with a global partner. The other was with a lawyer in the corporation's in-house legal department. Soft skills? Didn't bump into them any time that day. Here is my story.

Meanwhile, next week Heidrick & Struggles will do its earnings call. Last July, that didn't go so hot. 

Wall Street analysts expect a year-over-year decline in earnings because of reduced revenues. Bank of America has already reduced its stake in Heidrick & Struggles.

That Moment of Truth:

Question:

Would I recommend Heidrick & Struggles to my clients who are restructuring and searching for new kinds of skills? 

Answer: No. I remain undone by two encounters of the strangest kind with Heidrick & Struggles. Some stuff, it seems, you just can't shake.

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Lateral Market - Don't Dare Go Near It W/O (big) Book of Business

Smirk Smirk Smirk.

"Firms have taken less of a chance on hiring partners with smaller books of business or so-called service partners. Recruiters have noticed a slowdown with one-off partner moves. Instead, firms are looking for proven winners amid a recession." - Christine Simmons, Law.com, October 22, 2020.

The platitude in professional services such as law is that the number-one asset is the talent. However, with so many new variables impacting the sector, that talent is only of value if it has already achieved considerable success. Talent per se? That's something Mr. Rogers would sing about. 

So, for potential? Forget it. There is no shortage of raw young talent clamoring to be admitted to the Up or Out system of The Law Firm. Most of them will never make that shift from promise to productivity (3,000+ hours, hauling in new business).

Yet, naively, disgruntled associates and magical-thinking law students leverage the talent argument. They frame their beef about no fall bonuses or a law firm's controversial client on the contention that such decision-making is driving away talent.

For a entry level salary of near $200k, there will always be a glut of talent applying. If, once inside, it can't exceed what's expected it can no longer take refuge in the identity of "potential." 

This isn't unique to the law firm ethos. In those other professional services, ranging from public relations to marketing, what's becoming a standard question to applicants for both jobs and gig assignments is: What business are you bringing in? The hiring process will yield a better outcome for those who have a uncle who needs promotional services.

What I tell those I coach: A brandname now is the price of entry. Focus on developing and enhancing yours through multi-dimensional achievements and self-promotion.

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)

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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In More Workplaces, Cupid Has to "Go On The Record"

"While workplace dating policies have been commonplace for years, typically targeting relationships between managers and subordinates, many companies have been compelled to update them to take into account new state anti-harassment laws and remote work activity spurred by the coronavirus pandemic." - Bloomberg Law, October 22, 2020. 

Everyone has a work story of a romance - theirs or someone else's - derailing. The drama. The awkwardness. Then, the fear of the next shoe to drop (that is, one, usually the female, nudged to leave the organization or transfer to another department.)

Those stories are usually pretty tame. The version that isn't could include allegations of abuse of power or of sexual harassment. Heads could roll. Lawsuits could be filed. Colleagues could bellow in pain. They would claim that favoritism shown for the one-time romantic partner prevented their own rise up the ladder.

The surprising thing is that widespread action about regulating office romances hasn't been taken sooner. Though it was universal or almost so it was supposed to be ignored.

As Bloomberg Law points out, employers have the right to regulate personal relationships between employees. The #MeToo movement has pushed that further. Many feel that employers have the responsibility to do so. In itself, that can prevent sexual harassment. 

The regulations are all over the map.

Some companies forbid all romance. The push-back on that policy is that the relationship will go underground. Also, the reality is that working together closely on a project can trigger love and lust. Suppressing that can distract.

Other companies require being informed that a romance is happening.

Then there are those mandating formal "love contracts."

Overall, the love game is one Mothers couldn't teach us. Their world of work was not so intense and did not involve such long hours. It was possible to remain detached. Also there was time to seek romance outside the workplace. 

For too many, the policies, whatever they might be, won't protect them from workplace crushes. They may not act on them. The other party may not encourage taking the next step. But they can be a source of so much preoccupation.

Reflection: All this could be excellent arguments for restructuring the organization with Artificial Intelligence. The manager won't find the robots crying at their desk because of a romance which soured.

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Pedophilia - Revulsion Blocking Treatment

"Pedophilia Is a Mental Health Issue. It's Still Not Treated as One." - Shayla Love, Vice, August 24, 2020.

Pedophilia is where love for someone of the same sex had been in what seems like light years ago.

The revulsion associated with sexual attraction to children has impeded research as well as any attempt to get treatment.

That's even the situation for those who are plagued with fantasies but never acted on them. For them it's been difficult to gain access to medications known to tame those intrusive thoughts.

Equally challenging is locating mental health professionals who understand such a mindset. If they do, then they fear the therapists will report that pattern of lustful thinking to the authorities.

What they do have are self-help groups such as Virtuous Pedophiles and the Association for Sexual Abuse Prevention.

Those who move from fantasy to actual molestation and wind up incarcerated also can't expect treatment. In contrast, there are modalities available in the correction systems for addressing alcohol and drug abuse. Twelve-step program Alcoholics Anonymous is packed with members who initially sobered up or got clean in jail or prison. Common is the exclamation: Getting locked up was the best thing that ever happened to me. Otherwise, they assume they would have drank themselves to death or overdosed.

Those in the front lines of having pedophilia understood and treated as a mental illness will face myriad obstacles. Meanwhile, the suffering for all in the loop is profound. 

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The Faber/Dulos Socialite Connecticut Scandal - Vanity Fair Repackages It as Greek Tragedy

Scandal among the wealthy, especially set in Connecticut, sells.

That's what the media chose as the angle for covering the long saga of Jennifer Farber Dulos' disappearance, the arrest of her husband Fotis Dulos, a luxury real estate developer and the suicide of the latter.

The dirt included unpaid loans for real estate projects from Jennifer's parents to Fotis, two Fotis' mistresses, a complex divorce with 300+ motions, the usual quite bitter custody battle and even a celebrity lawyer. The latter was Norm Pattis. 

That was the media.

Then, a literary type has come along - Venessa Grigouadis. In Vanity Fair, she repackages this saga as a kind of Greek tragedy. As you read the article you can almost hear a Greek Chorus chanting, "Poor deluded mankind."

It's funny, at one time when colleges were packed with earnest English majors, there were plenty of literary writers. After college, if they were blessed, they had been accepted into the Iowa Writers' Workshop. If not, they enrolled in the MFA program.

That was then.

Now, parents won't pop for the tuition if the offspring wants to major in English. Post-college, the focus is on law school, STEM Ph.D. programs and the M.B.A., which recently became popular again. 

What Grigouadis comes up with is a recasting of the characters as victims of themselves. Yes, that's so aligned with the formulas of ancient Greek literature and drama.

Jennifer seemed to approach her life as an abstraction. She had a concept or idea of what she aspired to. That mirrors the student who lives in his head in "Crime and Punishment." That head tells him to murder the maggot of a human being.

In Jennifer's head were myriad concepts, ranging from Roaring 20s Party Girl to The Good Mother. No, she never connected with a real life. Along the way she even let go of an actual passion - writing. She had obtained the MFA from Columbia. 

Fotis was the perfect fit for the Greek notion of hubris. He assumed people, places and things were out there for him to take - and control. Yes, his homeland had been Greece.

Because of good looks, charisma and being able to hobnob with the rich and famous, he gained access to what he wanted. His ability to do that might have caused the myopia that he allegedly could rid himself of an ex-wife and get away with it.

Had he been more middle class, plopped in front of broadcast television, he would have learned from "Dateline," they always suspect the husband. Also had he not been so full of himself he would have been been aware that his mistress Michelle Troconis would turn on him when he dumped her for Anna Curry. Gone went his alibi. 

Of course, the self-involved like Fotis opt for the melodrama of suicide. That was staged with a note declaring he was not guilty.

Before this VANITY FAIR take, there had been a television documentary about it. It fit into the usual made-for-television box. 

What's fresh in this version is how unaware human beings destroy themselves.

In addition, that tragedy creates riptides in other lives. Those could drag them out to their own destruction.

There are five children without a mother or father.

There are the families of both Jennifer and Fotis.

There is a lawyer who is shut out from the opportunity to have gotten his client off.

The first mistress faces serious prison time.

And maybe people who don't live in their heads figured out the emotional and moral hazards of living in CT. They might have pulled up roots and bought a ranch in Wyoming. Can they adjust? Or will their lives spiral into tragedy?

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Coming Wave of Corporate Acquisitions - Good News for Lawyers, Economy and Very Bad News for Workers

Capitalism is opportunistic.

So, it should be expected that strong businesses during the COVID-19 economy will parachute in to acquire weakened ones. Goldman Sacks Group, reports Bloomberg, predicts a surge of M&A. Many of those will be jumbo mergers. 

That's good news for law firms with transactional practices in M&A. During the worst of COVID-19, that work has fallen off to the extent that lateral hiring for the niche plunged. Now, there are signs it's picking up.

Also gaining with be the economy. The reconfigured entities will be more solid businesses. Their earnings stories could send the stock market into unthinkable highs.

But the losers, as happens in most of M&As, will be large pockets of the workforce. M&As create "redundancies."

The newly created business may not need two communications or investor relations departments. There will be an increased need for coaching about career transitions Download ReimaginingYourCareerWithJaneGenova. Those most vulnerable are the aging. Here, a free read, is my book on landing, holding and moving on to better work, no matter one's age Download Outwitting ageism. 

For those who can't find their way in the mutating labor market, policy makers will have to focus seriously on versions of Universal Basic Income. Recently, in Canada, the Leaf pilot program testing out UBI for the newly homeless was very successful.

Right now the high jobless figures aren't having a negative effect on the stock market. Therefore those with power could blow off the unemployment from the M&A since their investment portfolio is doing just fine. 

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