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BigLaw: Women in Large Law Firms: The Enemy Within?

By Liz Kurtz | Tuesday, March 29, 2011

Originally published on March 1, 2011 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

Last spring, I published in BigLaw, Large Firms Are From Mars, Women Are From Venus, which focused on the ongoing struggle for gender parity in large law firms, and on the issues that continue to render the large firm environment hostile to women despite our significant presence in the legal profession (and, for the record, in every other notable field of human endeavor except the MLB, NFL, and NHL). Subscribers were quick to share their reactions, relating stories of perpetual work-life imbalance, pay inequity, and the barriers faced by ambitious women who toil in the unforgiving vineyards of large firms.

A few months later, I addressed in Female Lawyers Just Want to Have Fun But a Good Man Is Hard to Find the grim plight of all the single ladies — or at least those who happen to be law firm associates — who attempt to navigate a world far more hostile than that of the large firm — the dating scene. Again, subscribers responded in force, sharing tales of woe, insights on the perils of looking for Mr. Right, and general lamentations on the apparent incompatibility of love and law — or, specifically, biglaw.

The responses I received were kind, supportive, and had the "thank you for sharing!" genuineness that made me thankful the sisterhood of lady lawyers. In other words, when it comes to the challenges facing women in large firms, we're all in this thing together, right? Right?

The Enemy of My Enemy Is … My Enemy?

To quote a most unwomanly source, "Not so fast, my friend".

Exhibit A: This recent email from a BigLaw subscriber, whom we'll call "Lucy." Lucy writes:

"I appreciate your efforts (and those of others in the media) to bring to light the difficulties of being a woman in the man's world of biglaw, whether in terms of pay, workplace dynamics, or the perpetual challenge of balancing life and work. But can we talk about the elephant in the room, please? It's not always 'the man' who is keeping us down. In my experience, the enemy isn't necessarily the guys you work with: it's the other women. I've talked to a number of girlfriends about this and, basically, survey says: women make crappy bosses. They make crappy mentors. Unfortunately, they often make crappy colleagues. Don't get me wrong: I work with women who I admire and look to for professional guidance. But don't tell them I said that."

First of all: thank you for sharing, Lucy. Alas, I wish I could tell you that your experience, though unfortunate, was a singular aberration. Apparently, it's not.

Can We All Just Get Along? Um, No.

Exhibit B: An email from Dawn, another BigLaw subscriber and correspondent. Says Dawn:

"When I started at my current firm, I was no stranger to the difficulties of associate life. But, after years of working in biglaw, I knew what to expect, and I felt pretty comfortable with my ability to handle the typical crap — long hours, condescending bosses, the constant struggle to balance work and life, and the general disregard, at the firm, for those efforts. What continues to surprise me, though, is the relentless criticism from one of the female partners I work with. It's not the nitpicking about copy or the constant weekend assignments that bother me: it's the fact that she can't stop reminding me that every success I have is because of the way I look. If I win a motion in court, she immediately asks me what I was wearing. If I recount an exchange with opposing counsel in which I feel that I did well, she'll say something like, 'Well, they know what you look like, don't they?' She's worse than a man. Ladies! Can't we all just get along? Again: apparently not. But why?"

Well, posits Veronica (a senior associate at a large firm in Chicago), the oft-cited statistics and studies about the hardships of life as a woman in the big, male world of law may offer an explanation. "When it comes to large law firms, women are competing for scarce resources, too," she says. "Partners aren't being made the way they once were, and women partners are still a fraction of the number that are. It may not be a conscious calculation, but women are probably more likely to view their immediate competition as other women — whether they are or not. Unfortunately, that attitude is not conducive to team play, "You go, Girl!"-style support, or solidarity within the ranks."

Another subscriber — large firm partner Jessica — expands on this point. "All this talk of 'gender parity' is well and good," she told me recently, "but let's face it: women are different than men, which means that they work, react, and process experiences differently. Women tend to take criticism more personally, for example." She hesitates before continuing. "I'm going to be lambasted for saying this," she warns, "but we also tend to let jealousy and insecurity color that process of personalization, even if the criticism is totally innocuous."

"It's true," says Deanna (a large firm associate with whom I spoke) when I tell her about Jessica's take on things. "There may be a dark, ugly seed of jealously lurking in even the most outwardly accomplished female professionals, which was probably planted there in high school. Women look at other women — especially if they're younger, more attractive, or particularly popular with male co-workers — and, instead of being happy for their success, feel threatened. I hesitate to say this, but if there's nothing legitimate to criticize, we tend to revert to the old standbys: she's a tramp, and that skirt makes her butt look fat."

According to my informal poll, women at all levels of the biglaw hierarchy share this deeply catty — and apparently deeply shameful — urge. Though many agreed that women often let personal bias based on nonprofessional qualities (such as looks, age, and perceived sex appeal to male coworkers) color their professional opinion of female colleagues, none wanted to be identified as doing so. Said one associate, who is struggling with a female supervisor, "Every encounter we have feels like a tense deposition. I wish we could just stop the dep and get a ruling from the judge that we're BOTH pretty."

Run With the Pack, Not Against It

What, if anything, can we do to ease the intra-squad squabbling? Jessica, the partner, suggests that women — at all levels — focus on the basics. "Don't play up your sexuality at work," she says. "Don't gossip about your female coworkers. Don't act differently around the men in your office than you do around the women." Most importantly, she adds, "Be nice! Make friends with women you work with. Women tend to circle one another like wary animals. Don't be afraid to make the first friendly overture — it's not a sign of weakness."

Thank you, Jessica. We'd love to hear your thoughts, BigLaw subscribers, so click the Comment link below.

How to Receive BigLaw
Many large firms have good reputations for their work and bad reputations as places to work. Why? Answering this question requires digging up some dirt, but we do with the best of intentions. Published first via email newsletter and later here on our blog, BigLaw analyzes the business practices, marketing strategies, and technologies used by the country's biggest law firms in an effort to unearth best and worst practices. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: BiglawWorld | Law Office Management

SmallLaw: Zen and the Art of Small Law Firm Practice: Free Yourself to Become a Better Lawyer

By Edward Zohn | Tuesday, March 22, 2011

Originally published on February 22, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

I am on a mission. I just passed my fifteenth anniversary of being sworn in as an attorney in New Jersey. "The Law" was not my first career (I was that one guy in your law school class in his mid-thirties). Nevertheless, after fifteen years my legal career has lasted longer than anything else. Most days, I look forward to going to work. I know, however, that I could be more satisfied with my work, more productive, a better attorney — and happier. So my mission is to rediscover the contentment and excitement of my early years of law practice through new techniques and technologies. And I'm going to take you along for the ride.

Keep It Simple Stupid Is Not Just Trite, It's Right

To practice law right, you have to keep it simple — really simple. I know, the KISS acronym is trite and overused. It is not, however, wrong.

I have never worked as a "biglaw" attorney. In the 14 years since my judicial clerkship concluded, I have been self-employed, either as a solo or in a two-person partnership. It's not always easy — like the famous desk ornament on President Truman's desk, the buck really does stop here. It can also be intensely rewarding. I have found that the more I successfully free my mind to concentrate on the substantive work of being a lawyer, the better lawyer I become.

Many of my past TechnoLawyer contributions have circled around two themes: do it yourself, and keep it simple. I have ranted about too much technology, discussed roll-your-own practice management, and taught the basics of self-built computers. I have discussed right here in SmallLaw why I gave up a smartphone.

I have carefully read books and blogs on these subjects, and have tried to implement the substance of these readings and simplify my work and home life.

Zen and the Art of Small Law Firm Practice

I am certainly not the first person to think of "simplification." Self-help books and blogs about this topic are ubiquitous. The term "Zen" has become an adjective to many nouns. I believe, however, that too many attorneys — myself included — have accepted chaos and stress as a way of life for far too long.

But where to start? Should you seek first to reduce your clutter (email, computer desktop, physical desktop), simplify your practice management tasks, simplify your billing, simplify your network management tasks, purchase hardware that under-complicates rather than over-complicates your life, or purchase simple, effective, and easy to learn software?

Initially, none of the above.

I suggest that you first step back, take a few minutes off, close your door, turn off your computer screen, shut out the noise, stop the phone calls, and ask:

Is your current workflow working?

Be objective. Are you pleased with your work? Are your clients, employees, supervisors, etc. pleased with your work? Do you take too much of your stress home? Do you over-consume anything, including alcohol, caffeine, and food? Do you ingest other chemicals, legal or illegal? Do you earn enough money? Do you have financial problems?

If you can answer the preceding questions in the "correct" manner, then skip the rest of this column, call me immediately, and tell me your secret. Seriously, I doubt anyone has all the correct answers to these questions. I certainly do not.

In the relatively brief time I have paid attention to these subjects, however, I have come to understand one inescapable truth, which is that the next client, the next case, the next software or hardware product, the next boss or employee, etc. will not fix these problems for you. Most small law firms use techniques that resemble antihistamines — they only ameliorate the symptoms, but don't cure the problem.

So I suggest you start by reading some information that has nothing to do with the law. The beginning of my journey to simplify my life began with reading some books written by the Vietnamese Buddhist monk Thich Nhat Hanh. I suggest starting with the following titles:

Peace Is Every Step

The Miracle of Mindfulness

His books are accessible and enjoyable, even for folks who observe different religions or no religion at all. Read the books slowly, a few pages at at time. You can also read Leo Babauta's popular blog, zenhabits.

For a more "practical" approach, check out Nozbe's Productive Magazine. Nozbe is not just a publisher, but the creator of a task manager that TechnoLawyer covered in 2007.

A Simple First Step to Getting Things Done

There is a family joke about me, which began with my wife's keen understanding of my moods. Whenever I have been too stressed for long periods, days or weeks, or whenever I try to make big changes, I always begin by selling a bunch of my possessions in eBay. It rids my mind and consciousness of things that I neither need nor want. Only then can I move forward.

If you want to start now with a concrete activity, take this simple five-minute step. Remove everything off your desk and other work surfaces except for the few electrical items (lamps, keyboard/monitor/mouse, and phone). After wiping the dust and dirt away, restore only what you need to complete the next item on your task list. Replace nothing else. If you are left with files or other work-in-process, place it in a drawer or on a shelf. Doesn't your next task look a little more manageable when everything you need to do isn't staring you in the face?

Written by Edward Zohn of Zohn & Zohn LLP.

How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Law Office Management | SmallLaw

Reviews of Seagate Momentus Laptop Hard Drives, Copernic Desktop Search; The Great Recession

By Sara Skiff | Friday, March 18, 2011

Today's issue of Fat Friday contains these articles:

Tom Trottier, Review: Seagate Momentus Laptop Hard Drives

Sandor Boxer, Review: Copernic Desktop Search

Michael St. George, Recession Perspectives: Is It Really Over?

Don't miss this issue — or any future issues.

How to Receive Fat Friday
Our most serendipitous offering, Fat Friday consists of unsolicited contributions by TechnoLawyer members. You'll no doubt enjoy it because of its mix of interesting topics and genuinely useful knowledge, including brutally honest product reviews and informative how-tos. The Fat Friday newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Backup/Media/Storage | Business Productivity/Word Processing | Coming Attractions | Fat Friday | Law Office Management

BigLaw: Top 10 Tips for Surviving Large Firm Power Struggles and Office Politics

By Matt Berg | Tuesday, March 15, 2011

Originally published on February 15, 2010 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

Through mergers and acquisitions, many of today's larger firms find that they need to recreate chains of command and reporting lines. This scenario can create tension and competition, sometimes intentionally, until a new order is established. But whatever the size of your firm, and whatever the flavor of your political tension, following the ten tips below could prove key to your survival.

1. Do Your Job and Do It Well

Add business value. Make it your primary objective — always. If you catch yourself spending time getting caught up in matters related to interpersonal politics, and unrelated to your ability to get your job done, it's time to refocus.

2. Enjoy Yourself

Smile. Having a positive mindset not only makes work more pleasurable for you, but it also makes it less likely that people will take your off mood personally. A good attitude has the added bonus of making your co-workers want to be around you, and even want you to succeed.

3. Promote Yourself

Don't assume that everyone has noticed your efforts and understands the value you bring to the firm. Don't boast or brag or openly angle for credit. Self promote through an agenda of good work and make sure that body of work is widely known, especially outside of your department or practice group. If your boss is the only one who understands your value, then your job is only as secure as that of your boss, and you only hold your job upon your boss' good will.

4. Be Forthright

Nothing undermines your reputation faster than being caught in a lie or a half-truth. And as the offenses grow larger or more involved (e.g., trying to cover up something you've done), your chance of surviving a discovery of such transgressions decreases.

5. Admit Mistakes

Failing to admit when you've missed the mark in one way or another is a close second to lying. Conversely (though not necessarily intuitively), nothing earns respect faster than being willing to stand up and take it on the chin when you've erred.

6. Be Respectful of Everyone

Don't gossip about fellow employees. Leave your personal life at home. And leave discussion of others at the door. Remove yourself (non-judgmentally) when others are doing so by letting folks know you need to get back to work.

7. Listen to People

Make eye contact. Stop thinking about what you're going to say next. Attentive listening earns you points with someone quickly. And failing to listen will erode their opinion of you just as fast.

8. Observe the Chain of Command

The first stop in resolving a problem with another employee is to talk with them directly. If this strategy fails, be aware of your respective places in the chain of command. It may be necessary to have your boss communicate with theirs. But don't let them meet without all parties present. The situation can easily be misunderstood by those not directly involved, or could even be swept under the rug.

9. Communicate

Don't leave people wondering or out of the loop. Nothing raises flags in the minds of people who might be suspicious of your motives than cutting them out of a discussion, or failing to notify them about a meeting, a decision, or a change in plans.

10. Be the Bigger Person

People generally aren't malicious. But they often operate from fear. Sometimes the source of their fear is clear — job security. Often, the source is trickier to identify. Perhaps their self-esteem is on the line, or they have personal issues at home. No matter the source of their perceived malice, it's always better not to take things personally and stay above the fray. If you can do so and remain objective, not only will you have the moral highground, but you will also avoid getting dirty yourself from having been involved in mudslinging.

Conclusion

Given human nature, it's inevitable to find yourself in situations in which politics and power struggles affect your quality of life at work. When it happens, focus on the basics as outlined above. You can't change the people around you. But if you focus on doing the right thing yourself, I can promise that at the very least you will sleep better at night.

Written by Matthew Berg, Director of IT at Wolf, Greenfield & Sacks, P.C..

How to Receive BigLaw
Many large firms have good reputations for their work and bad reputations as places to work. Why? Answering this question requires digging up some dirt, but we do with the best of intentions. Published first via email newsletter and later here on our blog, BigLaw analyzes the business practices, marketing strategies, and technologies used by the country's biggest law firms in an effort to unearth best and worst practices. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: BiglawWorld | Law Office Management

What's Next for Lexis Plus 135 More Articles

By Sara Skiff | Tuesday, March 15, 2011

Coming today to BlawgWorld: Our editorial team has selected and linked to 136 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Review: Logitech K750 Solar Powered Keyboard

New Site Provides Database of Mobile Apps for Law

Why So Many Lawyers Moonlight Nowadays

Can Snooki Save Your Law Practice?

Don't miss this issue or future issues.

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.

Topics: BlawgWorld Newsletter | Coming Attractions | Gadgets/Shredders/Office Gear | Laptops/Smartphones/Tablets | Law Firm Marketing/Publications/Web Sites | Law Office Management | Technology Industry/Legal Profession

Reviews of Worldox GX2 and MessageSave; Automating PDF Batch Processing; The Economics of Suing Your Clients; File Naming Tips

By Sara Skiff | Thursday, March 10, 2011

Today's issue of Answers to Questions contains these articles:

Anthony Campbell, Review: Worldox GX2

Sam Mattern, Review: Acrobat Professional v. CVista PdfCompressor for Batch Processing

Ken Laska, The Sad Math Behind Suing Your Non-Paying Clients

Denise Yancey, File Naming Tips Revisited

Elaine LaPointe, Review: MessageSave For Archiving Emails

Don't miss this issue — or any future issues.

How to Receive Answers to Questions
Do you believe in the wisdom of crowds? In Answers to Questions, TechnoLawyer members answer legal technology and practice management questions submitted by their peers. This newsletter's popularity stems from the relevance of the questions and answers to virtually everyone in the legal profession. The Answers to Questions newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Accounting/Billing/Time Capture | Business Productivity/Word Processing | Coming Attractions | Dictation/OCR/Speech Recognition | Document Management | Email/Messaging/Telephony | Law Office Management | TL Answers

SmallLaw: You Can Sharpen a Pencil but It Ain't Gonna Write You a Poem and Other Lessons From My First Year of Practice

By Pete Armstrong | Tuesday, March 8, 2011

Originally published on February 8, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

No doubt about it. The fun part of opening a law practice is buying the technology. Honestly, what provides more of a thrill than walking the electronics store aisles with a clear intent to buy. The latest in laptops and touchscreen tablets. And that new technology smell. You just know that whatever you carry out those doors will enable you to start a successful law firm.

If You Have Technology, You Must Have a Law Firm

So, Day 1 of your new practice, you get back to your just-moved-into office. You've got a desk, a big executive chair, maybe even a conference table. But still, the walls seem a little empty.

You unpack your new computer. You place the multifunction printer/scanner/copier/fax in just the right place, a crisp executive-chair swivel away from your designated but still as yet unused desk work zone. Now your office is beginning to look like a real law office. Clearly, you are a lawyer.

You turn on the computer for the first time, with its lightning-fast response and virginal hard drive. You set up your Internet access, smartphone, wireless network, email client, practice management system (I use Clio), Adobe Acrobat Professional (everyone says you need it), portable hard drive, online backup, eFax, and maybe even a little voice recognition software because you can't afford a legal assistant … yet.

That takes all of Day 1 and Day 2. It's fun. You probably even stay late. The technology is something you can control. It's your system, the foundation of your soon to be overwhelmingly successful practice. And, you tell yourself, these aren't toys. Not like all your other gadgets and gizmos. These are the powerful tools of the trade, not for idle gaming, music, and videos, but for the advancement of noble justice … and, while you're at it, for making gobs of money.

A Reality Check on What Truly Makes a Law Firm a Law Firm

So you come in Day 3. Man, the technology really brings the office together. You sit in your executive chair … and do what?

That's when you feel it in your stomach — the feeling kids have Christmas night, the feeling compulsive shoppers have after they realize their latest expensive purchase didn't change a thing in their miserable lives, the feeling many of us got when our first Palm Pilot turned out not to be the grand life organizer we dreamed about. You know what I'm talking about.

The letdown. That's when you have your first, but trust me, not your last, "What Have I Done?" moment.

I'll tell you what happened. You've been seduced by sweet, beautiful technology.

It turns out computers and iPhones can't bring in clients. Technology can't craft an argument or walk you through the endless and bewildering court procedures. Sure, a computer can read to you. But it can't explain what the words mean. Technology without purpose is just a toy, or worse, a waste of money. And right now money's not something you've got.

Hence, the lessons I learned from my first year of practice.

Lesson One: Technology is the great equalizer for small law firms. Or perhaps it's more apt to say that it keeps us in the game. It reduces start-up costs. Just about anyone with a JD can give it a go. A lawyer can now carry his or her practice in a briefcase. Research, communications, client files. Everything. It's absolutely remarkable. But technology has not changed that age-old requirement in the practice of law — drumming up business.

Lesson Two: It takes Google a while to actually find your new Web site. Get started on that early, create a Google Webmaster account, and submit a sitemap. But understand that even an award-worthy law firm Web site won't have clients beating a path to your door. Instead, you've got to get out there and, well, indulge in some good old-fashioned white collar begging. You've got to secure referrals. You've got to take just about everything. But not everything.

Lesson Three: Don't take everything. There are some clients and cases even a starving lawyer should refuse. Step away from the computer. Latch yourself to an established attorney. Ask questions. If available in your area, volunteer at a legal assistance center (you probably have the time). Join community organizations. Study. Eat a few fees knowing that you'll be paid with experience.

Final Lesson: Establish a retainer policy and get the money up front.

Written by Pete Armstrong, a solo practitioner specializing in family law.

How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Law Firm Marketing/Publications/Web Sites | Law Office Management | SmallLaw

No Apps, No Sale Plus 132 More Articles

By Sara Skiff | Tuesday, March 8, 2011

Coming today to BlawgWorld: Our editorial team has selected and linked to 133 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

The Most Reliable Legal Technology Study Ever

Why I Still Don't Love My iPad and Why the iPad 2 Won't Help

What America's Lawyers Earn

The Truth About Guest Blogging

This issue also contains links to every article in the February 2011 issue of Law Practice Today. Don't miss this issue or future issues.

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.

Topics: Accounting/Billing/Time Capture | BlawgWorld Newsletter | Coming Attractions | Laptops/Smartphones/Tablets | Law Firm Marketing/Publications/Web Sites | Law Office Management

Small Firms and Cutting-Edge Technology; Scanners: Never the TWAIN Shall Meet; Hiring on a Tight Budget; Stinky Advice

By Sara Skiff | Friday, March 4, 2011

Today's issue of Fat Friday contains these articles:

Miriam Jacobson, Small Firms and Cutting-Edge Technology: Mutually Exclusive?

Rick Borstein, Fujitsu ScanSnap Scanners, Adobe Acrobat, and TWAIN

Ian Page-Echols, Amendment to Lee Rosen's Personal Hygiene Mistakes

Question of the Week: Whom Did You Hire and Why?

Don't miss this issue — or any future issues.

How to Receive Fat Friday
Our most serendipitous offering, Fat Friday consists of unsolicited contributions by TechnoLawyer members. You'll no doubt enjoy it because of its mix of interesting topics and genuinely useful knowledge, including brutally honest product reviews and informative how-tos. The Fat Friday newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Copiers/Scanners/Printers | Fat Friday | Law Office Management | Technology Industry/Legal Profession

BigLaw: The Wimpification of Large Firm Partners

By Liz Kurtz | Thursday, March 3, 2011

Originally published on January 31, 2011 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

A few weeks ago, the Wall Street Journal published a provocative essay by Yale Law School professor Amy Chua entitled Why Chinese Mothers Are Superior. Based on her new book, Battle Hymn of the Tiger Mother, Chua's essay shocked readers with her unapologetic espousal of the "Chinese way" of child-rearing. Among other things, "Chinese" mothering employs a combination of discipline, tough love, and tactics "that would seem unimaginable — even legally actionable — to Westerners." A similar schism exists between the large law firms that once roamed corporate America and their decidedly less imposing successors today.

The senior partners in your firm secretly bemoan this lost world. These cagey, grizzled veterans were raised in a professional environment in which, for example, associates never would have complained about whether the firm respected "work-life balance." Why? Because associates weren't women, or attempting to balance work and life, and would have known that any whining about "balance" (or even "life") would have prompted a look that could kill from their superiors. Get a few drinks in these guys and they'll sum up what they think of Generation X and Y partners with one word — wimps.

If it didn't violate the firm's policies pertaining to sensitivity, diversity, and non-discrimination, they would still train associates in the same glorious tradition. They will tell you this with the leg of an adversary, whom they have nearly finished chewing into digestible pieces, dangling from one corner of their mouth. They'd also tell you …

True Partners Versus Wimpy Partners

A lot of people wonder how large law firms used to raise such stereotypically successful lawyers. They wonder how we produced so many document review whizzes and motion practice prodigies. Well, as associates we were never allowed to:

• Attend a sleepover with non-cohabitating partners on a weeknight.

• Have a "playdate," if "playdate" is defined as "non-billable activity."

• Go to our kids' school plays.

• Complain about not being able to go to their kids' school plays.

• Watch TV or, heaven forbid, play computer games (although, in my day, computers were the size of a two-car garage).

• Obtain a verdict, reach a settlement, or arrive at any other disposition in a matter that was unsatisfactory to the client.

• Not become the top lawyer in every subject except admiralty or anything related to international human rights.

• Play any instrument as it might distract from the work of the firm.

Conversely, I know many biglaw partners, almost always born after 1960, who are not cut from the same sturdy cloth from which I and my generation were hewn, by choice or otherwise. These partners — "Wimpy Partners" or "WPs," stand in sharp contrast to us — the Greatest Generation of Law Firm Warriors. That's right! We viewed litigation as battle. We knew how to hunker down in a foxhole. And we definitely knew how to carry a heavy load 26 miles, uphill, in the driving snow. Because we were men of true grit, I shall call us "True Partners."

Look at the list above. It would make most WPs blanch. Even when WPs think they're being strict, they usually don't come close to being like True Partners. For example, my WP colleagues who consider themselves strict make their associates work for at least a few hours on Saturdays. That's easy. It's the overnight shift, and the wee hours of Sunday morning, that separate the men from the boys.

I can't entirely blame WPs though as they're a product of their times. True Partners could get away with things that WPs can't. Once when I was young, I was less-than-reverential to a senior partner, who angrily called me "garbage." It worked. I felt deep regret. But it didn't damage my self-esteem. I knew exactly how highly he really thought of me, since I had billed 4,700 hours the previous year.

True Partners could do things that would seem unimaginable — even legally actionable — to WPs. True Partners could say to an associate, "Hey fatty — lose some weight." By contrast, WPs have to tiptoe around the issue, talking in terms of "health" lest they hurt someone's "feelings" and incur liability. These fat associates then end up in therapy for eating disorders and a negative self-image, and require both time off and the expenditure of health benefits.

True Partners could order associates to win. WPs can only ask their associates to try their best. True Partners could say, "You're lazy. Your adversaries are getting ahead of you." By contrast, WPs have to struggle with their own conflicted feelings about achievement, and try to persuade themselves that they're not disappointed about how the young lawyers they hired, and rewarded with oversized salaries, turned out.

When it comes to training associates, True Partners produced lawyers who displayed excellence in their written work, mastery as oral advocates, and professional rainmaking success. True Partners understood that nothing was fun. If you were good at a task, it might have more enjoyable aspects, but that wasn't the point. The point was simply to be good, and to get good at anything you have to work hard.

Three Key Differentiators

I've thought about how True Partners could get away with what we did. I see three big differences between the True Partner and WP mind-sets.

First, I've noticed that WPs are extremely anxious about their associates' self-esteem. They worry about how their associates will feel if they fail so they constantly try to reassure their associates about how good they are notwithstanding a mediocre performance at an oral argument or in a settlement negotiation. True Partners assumed strength, not fragility, and as a result we behaved differently.

Second, True Partners believed that associates owed them everything. It probably had something to do with the favor extended to these associates when they were hired in exchange for a biweekly paycheck and a chance to work at our venerable institution. Associates would spend their lives repaying this favor by working tirelessly. By contrast, I don't think most WPs have the same view of associates being permanently indebted to their employers. This attitude strikes me as a terrible deal for the WP.

Third, True Partners believed that they knew what was best for associates and, therefore, could override the associates' own desires and preferences. WPs worry a lot about their associates. But as a partner, one of the worst things you can do for your associates is to let them give up. On the flip side, there's nothing better for building confidence than learning you can do something you thought you couldn't.

WPs try to respect their associates' individuality, encouraging them to pursue their true passions, supporting their choices, and providing positive reinforcement and a nurturing environment. By contrast, True Partners believed that the best way to protect associates was by preparing them for the future, which, unless your work was stellar and your hours considerable, was destined to be brutish, nasty, and short.

Once you obtain these skills, work habits, and inner confidence of a True Partner, no one can ever take them away from you. Should they attempt to do so, you will have the tools with which to tear them a new one.

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