Law And More

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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Uber, Lyft Lose Appeal - All They Have Left is Prop 22

The California Court of Appeals panel upheld the San Francisco Superior Court ruling mandating Uber and Lyft classify their drivers as employees, reports MarketWatch. That will go into effect in 30 days.

But the two ride-hailing services can loop out of that if Prop 22 goes their way. That would exempt the two from AB5 which had required employees to reclassify gig workers as employees, from that law. 

Should that fail, then Uber could shut down its services in CA. It's been threatening that. That would mean, of course, that those drivers would lose that source of income. In addition, that mode of convenient affordable transportation would no longer be available for the public. 

Meanwhile, some may be rethinking a supposed progressive move like AB5. Employers saddled with the requirement to provide its manpower with the rights and protections of employees could simply embrace more and more artificial intelligence. The robots would let them opt out of all those rules and regulations associated with employees.

McKinsey & Company projects that robotic automation will eliminate about 800 million jobs worldwide by 2030. A gig assignment, without any benefits, could become quite attractive in that sort of scenario. 

The Future of Work could wind up being a lot less work. What had been considered "enlightened" legislation could accelerate job loss.

Without laws such as AB5, there could be an embrace of multiple sources of income replacing the traditional full-time job. 

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)

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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Bar Exam in COVID-19 Times - So Far, So Bad

Let's cut to the chase.

The results of the most recent (that is, administered in COVID-19 times) bar exam in Idaho has a 29% pass rate, reports Joe Patrice at Abovethelaw. The usual pass rate ranges from 70% to 80%.

There, as well as throughout the U.S., had been complaints that a significant number of the questions were what we tend to think of as "trick" ones. They were stated ambiguously. Therefore, other states will likely also be posting dismal pass rates.

Along with that has been an adverse conditions for taking the exam. Sometimes the scheduled exams were delayed at the last minute. The Horror. If they were administered online, as in Michigan, the software didn't seem ready for prime time. More recently, in New York State, the majority of test-takers noted negative experiences with the technology.

Is there ever a voice crying out for Diploma Privilege in this pandemic emergency? Yes, only a minority of states  are providing that.

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Lawyers, You're Not Imagining It: Zoom Meetings More Stressful than In-person Ones (and other surprising findings)

"The [Microsoft] study found that remote collaboration is more mentally challenging than in-person collaboration ... [In addition] it was more difficult for them to work together in-person afterwards." - Jared Spataro, Corporate Vice President for Microsoft 365, "The Future of work - the good, the challenging & the unknown," July 8, 2020. 

Yes, lawyers still operating remotely, those Zoom meetings are wearing you out - more than the in-person ones back at the brick and mortar law firm. Microsoft research proves out it's a legitimate pain point. The additional wrinkle on that is the finding that given how virtual work has reconfigured your brainwaves, you will struggle to adjust when back in the physical office. 

Given these findings, should law-firm leaders schedule fewer Zoom meetings? 

The knee-jerk reaction some of those I coach have is this: They are notified of a Zoom meeting and they experience a sense of panic. They anticipate they will feel undone post-meeting. That makes it more difficult to then do the tasks.

However, remote work will be standard, predict thought leaders in The Future of Work niche. Businesses, including law firms, have to figure out how to do that right. 

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 Future of Work & Who's an "Employee" - Cleveland, OH Exotic Dancers Make the Cut

"A Cleveland-area strip club owes about $30,000 in back pay to two exotic dancers after the Sixth Circuit said Tuesday that ample evidence exists to find they were employees entitled to minimum and overtime wages." - Kathleen Dailey, Bloomberg Law, October 20, 2020.

That court decision affirms earlier ones by the Third, Fourth and Fifth circuits, as well as several district courts.

Employers may also interpret the ruling as a signal of how the legal system is defining and will define work status. What is interesting about this case is that the decision is on the federal level. The AB5 law in California about reclassifying gig workers as employees is a state one. 

Therefore, among the many unknowns business is dealing with is if it can depend on a contingent workforce or will it have to provide all manpower with the rights and protections of employees. No surprise, analyzing how The Future of Work may play out has become a niche industry for management consultants and think tanks. 

Those opposing reclassification hammer that such as legal move destroys jobs. Instead of hiring a human being as an employee, why not just explore what kinds of software can replace him or her. McKinsey & Company projects that 800 million jobs around the world could go poof by 2030 because of Artificial Intelligence. 

Increasingly, distressed businesses don't view themselves as providing a "safety net" for helping human beings make ends meet. Hiring might sound like a patriotic notion in the U.S. But that's less and less embedded in the business model.

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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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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Kroger Pharma - Unacceptable

Since early June 2020 Enalpril Maleate 2.5 MG has been keeping my best (four-legged) friend LOV alive. He has congestive heart failure. According to information lifted from the Internet, maintained on that med, he has 4 to 14 months of life left. 

Already he had moved into the 5th month. So, given that he could die at any time, I refill the med when the bottle is almost empty. After all, my health insurance doesn't cover it. So, why pay if it will be tossed? 

Late last week I called into Kroger Pharmacy for that refill. The transaction was all processed by automation. The machine told me the prescription would be ready for pickup on Saturday, after 2 P.M. 

I swung by Kroger today - Sunday - for that pick-up.

At the window there was stalling. Several times I had to repeat the information. (Maybe this grocery chain should train staff in listening skills). Then, the bombshell. "They" were out of the med. I went bug-eyed. "But this is for my dog's heart."

The "they" said they would reorder it.

"The dog needs that pill!"

It was left to me to ask when would it come in.

I was informed tomorrow. Believe me, I am not banking on it.

My extreme concern is two-fold:

• Why did "they" not keep in stock a med for the heart?
• Why did "they" not inform me that it was out-of-stock. If they had, I could have called around to other pharmacies where it might have been in stock.

I ask not only animal-rights front lines to investigate Kroger Pharma.

Also, those providing Medicare Supplemental Insurance, such as AARP, should also revisit having Kroger Pharma on its list of approved providers. Had it not been I would never have had my four-footed son's prescription filled there. It seemed more convenient to have all my prescriptions taken care in one place. 

Kroger Pharma and Kroger Grocery - a pox on both your houses. Recently, the grocery wing ran out of those cards necessary to present for the in-store discounts. I had to beg others waiting to be checked-out if I could use their card. Those savings are significant.

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