Law And More

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)

 

Young Associates in BigLaw - No Consistency in How They're Faring During COVID-19

What has it been like being a young associate during COVID-19?

The Law.com LegalSpeak podcast provides insight into that experience. The host is Law.com's Patrick Smith. The guest is Stephanie Biderman, a managing director at search firm Major Lindsey & Africa.

Essentially, there has been no consistency in what associates had gone through. There are too many variables.

The ideal situation for an associate is to be seasoned, in a practice in demand such as bankruptcy and not have children at home to assist with their online learning.

Among their advantages are:

• They know what they are doing. Many first and second year associates are missing out on training and development because firms are preoccupied with coping with the pandemic. Also, formal training is difficult to administer remotely.

 

• There's plenty of work in their practice area. In litigation, for instance, they probably wouldn't have access to billing enough hours.

 

• Work/life balance is not so brutal for non-parents.

 

• Partners find it easier to assign tasks to mid-level associates. It's time-consuming to have to explain the work to more junior lawyers. Then, continually they will have to monitor and correct what's being produced. The interesting thing here is that because of this shift partners are being perceived as poaching assignments from associates. Often, it's simply more efficient for partners just to do the work itself to "outsource" it to a senior lawyer.

 

• Because of accumulating a high number of billable hours, the time is right to shop around for a better deal as a lateral.

Meanwhile, associates not in that kind of catbird seat are in angst about their job security. They are not piling up enough billable hours, for example. So, they are asking Biderman about how typical is the pickle they are in. 

It isn't much comfort that in this crisis, unlike the 2008 -2009 one, lawyers haven't been laid off on a massive basis. Those I speak with who aren't ideally positioned expect the shoe to drop if there is a repeat of the severe economic downturn which occurred last spring. Download ReimaginingYourCareerWithJaneGenova.

In their heads, The Future of Work is now. And their now isn't pretty. 

Depending on who's doing the counting, America is enduring the second or third rounds of COVID-19. The impacts could hit the legal sector hard - in fact, harder than what went down in the spring.

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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)

 

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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History Is Back - However, It Never Left the Legal Sector

"A bit of perspective.

"Forty years ago (January 1981—think Reagan/Thacher, the introduction of the original IBM PC, and the recent death of double-digit inflation at the merciless and brilliant hands of Paul Volcker), the S&P 500 was 29% made up of energy by market cap.  In 2008 (the GFC), it was still 17% and oil was at $140/barrel." - Bruce MacEwen, "Build Back Better." Adamsmithesq.com, October 12, 2020.

Obviously, Bruce MacEwen is reaching back into the past to make a point about the present - and future.

In the beginning of the cancel culture such as strategy would have been, well, bold. The ethos back then mirrored the dismissal of history by Henry Ford. He blew it off as "bunk." 

Maybe it's the craziness of living on planet earth since March of 2020. Maybe everything is cyclical. But the interest in history has boomeranged back.

Help-wanted ads on Craigslist, for example, are growing in number for the old-fashioned kind of historical research. Not just doing the Survey Monkey thing.

Also, finally, when I attempt to add value to my publishing by including trends from the past, that is getting attention. Lots of it. 

For example, in PinHawk Marketing Brief there is a link to my post - highly historical - about how the patterns of layoffs in BigLaw are dead wringers for what occurred in Corporate America from the late 1970s through the late 1980s. The combination of technology and cost-cutters like Jack Welch disappeared our good jobs. Here is that post. Traffic to it has been heavy. 

So, those in the business of persuasion, yes, use historical data as rhetorical tactics.

Meanwhile, those in the legal sector probably are smirking. The industry operates on a platform of precedents. Sure precedents are overturned but not before they can unleash tremendous power. 

Given the return of history to Main Street, lawyers might take a side door to developing brandnames by giving Ted Talks, blogging, podcasting and becoming a social network influencer discussing how history can cast spells. How to leverage that. How to exorcise the bad parts. And, of course, what to learn 

They can segue into the narratives by citing the profound pull power humans' own family histories have on them. Just consider the saga of feuds. The speakers can show a clip from "The Godfather."

Reflection: Could this revival of history signal we are returning to the age of reason?

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Science Denial - But I'm Back Believing (despite Dr. David W. Harder & Gaining 50 Pounds on Zoloft)

"Father, Forgive Me, I had engaged myself in science denial."

 

The current distrust of science is nothing new.

Sure, the GI Bill of 1944 kicked off the phenomenon of College for Everyman/Everywoman. My generation of Baby Boomers, in fact, were told by the high school guidance counselors that we had to go to college. As a required course, we learned about the scientific method.

However, some never bought in.

Others bet the ranch on the mysticism of religion.

And, a group had negative experiences with supposed scientific findings and individuals in the front lines of science. I would up in that third category.

What is new is this: During the past five years of the political emergence and leadership of businessman Donald Trump, science denial went, well, mainstream. Denying evolution didn't get anyone labeled as uneducated or out of it.

Countertrend, though, I have returned to the fold: I believe. But, that's getting ahead of myself.

In the late 1990s, my trust was shaken by a confluence of two forces. One, was reading the clinical notes of the psychotherapist I had consulted when I was a doctoral student at the University of Michigan and later now and then. That was David W. Harder. Ph.D.

It was at the end of the 1990s that I asked him for those notes. I felt something was off. He refused. I paid a lawyer to intervene. That did the trick. The tone and content of those notes seemed to me to scream that from the get-go we were a bad fit for a therapeutic relationship. So much for credentialed men of science.

The next Ah-Ha experience was the 50 pounds I gained twice from using antidepressant Zoloft. Other antidepressants had, for me, equally negative side effects. In 2008, I went DIY for the clinical depression I had struggled with since age 11. The results were good.

But a confluence of two other forces returned me to science. Those were my very recent two jarring encounters in one day with search/coaching/leadership development firm Heidrick & Struggles.

That started off with my applying for part-time contract career coaching assignment Download ReimaginingYourCareerWithJaneGenova Well, here is that story, as I lived through it and am still living through it.

After those Two Encounters Of The Strangest Kind, I had two anxiety attacks. I slid into a clinical depression. Those Two Encounters Of The Strangest Kind may or may not have been the triggers. I will never know that. What I do know is that I did all the DIY rituals. Those included:

Aerobics

Meditation

Distractions

Connecting with people and four-footer friends.

Yet, there I was, mostly in bed. Afraid also to leave the house. 

I caved, called my primary care physician (no, not a psychologist or psychiatrist), and simply said to the nurse practitioner Dayana Wiggins, that was back in the soup: depressed. I didn't mention Heidrick & Struggles. What I did say was, "Life just hit me too hard."

She listened. She researched the best option to prevent my previous side effects. There was no recommended that I seek out "further help."

As yet, the antidepressant hasn't fully kicked in. But I can leave the house. No more sleeping most of the day. Soon I sense I can return to a full schedule of client assignments.

Takeaway: Science can be a tool to use. With great caution.

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Darkness Can Fall Fast (Quartz for Sale, California Sunday Shuttered) - But Those Who Suffered Enough Are Letting There Be Light

" ... Quartz and California Sunday were publications that both seemed to be thriving just a short while ago." - Joe Pompeo, Vanity Fair, October 8, 2020.

For so many institutions and individuals, darkness has fallen fast. JPMorgan Chase Chief Executive Officer Jamie Dimon predicts that any semblance of normal won't return until summer of 2021.

But, over and over again, there also are instances of those who seemed to have suffered so badly and yet are creating the light.

At the top of the list is James Murdoch.

So long under the thumb of his tycoon father Rupert, James has broken free. With his vestiges of rage and considerable financial resources, he can rebuild journalism. That seems to be his mission.

Many in the legal sector know that three black lawyers have started the black owned and operated Bradford Edwards & Varlack. As its website showcases, it brilliantly differentiates itself from other law firms.

Achieving differentiation, in a sector with so much cookie-cutter positioning and packaging, has become the Golden Grail. Of course, we assumed those black lawyers have suffered. 

The April 2015 article "The Irrationality of Alcoholics Anonymous" by Gabrielle Glaser delivered brutal hit to the AA brand. No, it hasn't been able to shake it. Yet, during COVID-19, some districts have managed to pull off launching and keeping going in-person meetings. That's with no paid help. My hunch is that has been saving lives. Some define "alcoholism" as the disease of isolation. It gets you alone - then kills you. In-person meetings directly addresses that.

In my career coaching practice, I have also bore witness to miracles Download ReimaginingYourCareerWithJaneGenova A disbarred lawyer managed to forgive himself. That's even though his ex-wife and stepchildren hadn't. He returned to his pre-college interest of music, setting up an e-business. Don't most professionals blow it because of self-hate?

An uplifting read for these roller-coaster times is "Humankind" by Rutger Bregman. It puts out there a radical theory: People are decent. 

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Subtext of Bonus Wars: The Pickle Associates (and most millennials) Are In

As recently as the headlines in legal media last Friday, the bonus wars dominated. That's a long time in this era of a rapid news cycle for any story (beyond Trumpworld) to remain marketable to editors. 

So, obviously, there is a story embedded in that story.

The subtext, I have a hunch, is the pickle associates - and most millennials - are in. It's a painful state.

That includes, reports Business Insider, financial stress, burnout from too long hours, loneliness as human connection becomes elusive, and, yes, decline in health, both physical and mental. Overall, that demographic (ages 24 to 39) is aging faster than earlier generations had and are.

Also, suicide, direct and passive, is increasingly common. That drug overdose many would label a form of "passive suicide." The rooms of recovery are experiencing more and more of those. 

Ironically, the millennial plight had been captured in the book "Disrupted" by over-50 Dan Lyons.

Knocked out of the box from his media job (he suspects because of age) he grabbed a position in a startup.

There he observed the syndrome of "Burn and Turn." Enthusiastic millennials were hired in and worked to near death. Then, when they limped away on their own or were pushed out, they replaced by another batch to "Burn and Turn." There was no shortage of new recruits. Startups are the ultimate cool.

That pattern does mirror the Up or Out system of many law firms. Also, there is no shortage of new recruits. Who doesn't want the prestige of being an associate in a brandname law firm! 

Skilled capitalists (that's how they got to the top), the law-firm brass is usually not transparent about who will make it all the way to partner. Therefore, hopeful associates give their all.

Actually, in itself, that's not the end of the world - or necessarily of their physical health and health.

If only they entered that space with the right mindset ...

Associates could come out ahead of what seems like a brutal game by positioning and packaging it as damn-good experience they can leverage. Meanwhile. they are probably enjoying very good compensation. If they can last long enough they can pay off student loans. 

But, come on. The prevailing mindset, thanks maybe to Mr. Rogers, is usually that they will become partners.

However, there's much more contributing to the mess that associates and other millennials are in than simply career fantasies.

Among the drivers are debt along with inflation in fixed expenses such as housing and groceries, escalating employment insecurity in most sectors, great expectations (followed by dashed hopes) about relationships, and stress-induced negative impacts on all the healthcare numbers which signal premature aging. About the latter - as any Baby Boomer like myself will tell you: Worrying about your health can throw shade on your entire existence. 

Since associates lug around some or most of that, it's no surprise that those who didn't receive the off-season COVID Appreciation bonus would become the loudest voice in the legal sector about suffering. The tone was and is downright Dickensian.

One solution, of course, is career coaching. During that, two things can happen. One is the ability to make choices about how to earn a good living. The other is how to up the odds about being successful in that choice. Download ReimaginingYourPersonalBrandwithJaneGenova

The more general one, though, is what just about every gen does as part of "growing up." That's realistically sizing up what is and then struggling to make the best of it. The rub is this: Giving up assumptions or hand-me-downs from parents or high school guidance counselors about how the world is supposed to work.

Those who manage that brutal rite of passage can not only make it professionally. There can be inner peace. Bill Gates shook off the mythology of the higher education system.

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Of Course, Lawyers/Staff Need Multiple Sources of Income - 5 Rules of the Game

In 2019, lawyer Kevin Ha made the news.

The coverage was in financial media - MarketWatch. Among the players in the money crowd there was a fascination with a lawyer who was employed full-time (his wife also worked) and who had 13 side hustles.

There was more in the Ha story. The gigs were, well, without status. They ranged from returning scooters to food delivery.

That was then.

Because of the actual employment carnage and the sustained uncertainty triggered by COVID-19, the Ha model of multiple sources of income is no longer news. It's an option lawyers and staff better take seriously.

No, you are not too busy to think of earning money beyond your day job. Recently, Bryan Cave laid off about 118 lawyers and staff. As the gallows humor goes: A crisis like the pandemic is a terrible ting to waste. I will be exploited by employers, across all sectors, to not only conduct RIFs. Also they will restructure to eliminate those positions forever.

The "barrier to entry" when it comes to establishing multiple sources of income is this: The brands have to managed so as not to put at risk your primary source of income. Sure, Ha could do offbeat hustles. But most lawyers and staff would lose credibility and damage their resume by too far a stretch from their core personal branding. 

In addition, in this unforgiving work environment lawyers and staff have to all-there for their jobs. Therefore, the how they earn funds on the side can't drain them. 

Here are the 5 fundamental rules of the multiple income game:

• Look for easy fits. That strategy will require less energy and time. For example, the lawyer can tutor LSAT test preparation part-time. On October 8th, there was a help-wanted on Craigslist for such service in Manhattan and online. The compensation is $180 an hour. Unless you excel in logistics, no, you don't want to loop into a manufacturing project with a global supply chain.

 

• Just as with introducing foods to a baby, take on new opportunities slowly. Monitor how much those take away from your day job. If it isn't a strain, then add on more of those kinds. For example, through Airbnb, you lease out a room in your primary residence. You seem to be skillful in screening potential renters. No trouble. So, you add on doing Airbnb for your getaway. Soon enough you purchase residential property to extend this tactic.

 

• Be circumspect. Given that the legal sector tends to a tradition-bound industry, incoming-producing side pursuits could be used against you. A middle manager in an equally conservative industry, whom I coached, learned that the hard way. He had been too open about operating a franchise. His objective in coaching was to restore his personal brand Download ReimaginingYourPersonalBrandwithJaneGenova

 

• Overall, keep the brands separate. The exception is when there is a natural fit. For example, lawyers teach business-law courses in an MBA program. Otherwise, create different resumes, cover letters and personas for each line of work you do. Here is my article on what I call "mutt branding."

 

• Approach all this as playing in a variety of spaces, one or more of which might turn out to be your day job or self-employment. When doing a side hustle, some discover their passion. They seek a full-time position in that or launch a business. During The Great Recession, when I was operating this blog (since it's syndicated it brings in income), there were requests for career coaching. First that was a side business. Now it's a core competence. Simultaneously, I also continue in content-creation, especially for businesses aligned with the career industry.

Takeaway: "They" can take away your job. But not your ability to make a very good living, through multiple sources. A free read is my book on parachuting out of your comfort zones. Behavior-change organization Dale Carnegie Systems had posted it on its website.

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