ABA Section of Business Law
Business Law Today
Snap Judgments
By Molly Thomas
On-site day care a popular plus
On-site day care is becoming increasingly popular in law firms, according
to the National Law Journal. As well as a way to balance work and
life, on-site children's centers are also an attractive recruiting tool,
especially as a way to retain women partners, whose attrition rate is
generally higher than male partners. The NALP (formerly the National
Association for Law Placement) reports that women account for only 18
percent of partners, compared to 44 percent of associates. On-site day care
doesn't only improve things for women, it can also be quite the morale
booster within the entire firm: employees report that on-site day care
builds camaraderie within the firm, allowing employees to get to know each
other, and each others' families, better.
Technology helps attorneys help others
How does a firm with over 800 attorneys in five offices effectively
distribute information about pro bono opportunities? Winston and Strawn
answered that question wielding technology as their sword, reports Greg
McConnell, Winston's pro bono director in New York Lawyer. Because
the perfect software tool to organize the more than 1,000 opportunities
available to their pro bono practice didn't exist, they created their own.
Revamping their intranet page involved adding a search tool to the existing
resources, which also drew more users to the page. Soon, the page was
improved again, with two pages: a more basic home page, and a more involved
opportunities page with preset identifiers so that users don't have to
generate their own search terms, allowing them to choose between five
different filter criteria: practice area, time required, public interest
law area, client type, and skills development. The page also sorts
opportunities based on each user attorney's area of expertise. Winston and
Strawn believe that this tool contributed to their increase in pro bono
hours, from the 2002 figure of around 26,000 to their 2006 figure of around
41,000.
The inside scoop on outside counsel
The use of outside counsel is on the rise, reports the Association of
Corporate Counsel in its 2006 Chief Legal Officer Survey. Twenty-five
percent of in-house legal department heads projected an increase in outside
counsel use, a significant change from the 2005 rate of 16 percent. Also
reported is that underperforming firms regularly get the boot: 32 percent
of respondents indicated that they had fired at least one of their law
firms in the previous year. Top reasons for firing firms included
"cost management, mishandling of one or more critical matters, and
lack of responsiveness." Other results of the survey include the role
changes for in-house counsel since various governance reforms have been put
into place, especially Sarbanes-Oxley. Reported positive effects of those
reforms include greater board engagement and better-informed decision
makers.
Law rocks!
The Red and Black, a student newspaper associated with the
University of Georgia, reports on a more unusual musical act, Mikey Mel and
the JD's, who are, according to their MySpace page, "the nation's
premier law rock band," comprised
of four law school students. Founder Mike Melonakos started the band in
2005, which has since grown to include Adam Hebbard, Dan Feltz, and George
Campbell, on bass, guitar, and drums, respectively. The band members, who
admit they would rather be rock stars than lawyers, hope to appeal to a
niche market of professionals. "Rock is suffering because most rock
songs are about drugs. Most people can't relate because they are
professionals," says Melonakos. Having to juggle law school and a rock
band has given Melonakos a clearer understanding of the legal profession's
work schedule. "The songs are about law, but really, they are about
work and life balance," he says. More information on Mikey Mel and the
JD's can be found at the band's Web site: www.myspace.com/
mikeymelandthejds.
Cracking into China, slowly
C
The Wall Street Journal reports that a U.S. law firm has found an
alternative route into the lucrative Chinese legal business. As
international law firms attempt to spread all over the world, China has
proved a problem with its many restrictions for foreign lawyers. McDermott
Will & Emery has formed an alliance with Shanghai firm Yuan Da Law
Offices (now to be known as MWE China Law Offices). Since the firms cannot
fully merge, they will share clients but not profits. McDermott is
licensing its name to Yuan Da, and is investing in telephones and computers
for MWE China to fully integrate into (McDermott's) global network.
McDermott hopes to be able to lure clients away from other firms because of
its now-local Chinese legal experience. While other firms have served China
from Hong Kong, some (14 in 2006) have established offices in China to have
better access to the mainland market. These firms usually establish an
office by hiring local lawyers. Other international firms will ally with a
Chinese firm on an informal, one-time basis. The market on the mainland has
historically been problematic because of strict regulations, an aversion to
Western billing rates, and lack of top local talent. Says Carmen Chang, the
Palo Alto-based head of the China practice at Wilson Sonsini Goodright
& Rosati, "[people here] are just starting to understand what it
means to have a good lawyer."
Law students want change, less money
The law profession is infamous for its long, arduous, and demanding hours
and expectations. A group of hopeful law students hopes to change that, and
is willing to sacrifice the equally well-known high salaries of the law
profession in order to do so. Wall Street Journal Law Blogger Peter
Lattman reports that around 125 law students at some of the nation's most
prestigious schools, such as Yale, NYU, and Boalt, led by Andrew Canter and
Craig Holt Segall, both of Stanford, have created a new organization, Law
Students Building a Better Legal Profession. The organization has sent a
letter to AmLaw 100 firms, asking the firms to commit to their principles,
which revolve around four themes: (1) "making concrete steps towards a
transactional billing system," (2) "reducing maximum billable
hour expectations for partnership," (3) "implementing balanced
hours policies that work," and (4) "making work expectations
clear." The group will report to law students which firms have
committed and which firms have not, although the group "isn't going so
far as to blackball firms that don't sign on," says Lattman.
Need a nap?
Attracting talented lawyers in the competitive job market has long involved
offering attractive perks, such as day care. But what about nap time? The
(Raleigh, North Carolina) News and Observer reports that Kilpatrick
Stockton has rediscovered the restorative power of the common childhood
treat. Three years ago, the Raleigh law office of KS established the Power
Room. Windowless and equipped with a sofa, coffee table, recliner, and
blanket, the room is a quiet spot where any of the office's 85 employees
can, for 10 to 20 minutes, snooze or get a little quiet time; or where
lactating mothers (who have first dibs on the room) may nurse. The Power
Room operates successfully on the honor system, with no reports of abuse of
the 20-minute limit.
Keeping correct
In our May/June issue, the last sentence of "Keeping Current:
ContractsIncorporation by Reference May Get Harder" by Lisa
Lifshitz was unintentionally cut short. It should have read:
However, this decision should have the effect of making cyberspace lawyers pause when drafting "incorporation by reference" language, an activity that has now become very commonplace for incorporating additional online terms and conditions in the paper-based world.
We regret the error. The corrected article can be found on the BLT Web site at www.abanet.org/buslaw/blt/2007-05-06/keepingcurrent3.shtml.
However, this decision should have the effect of making cyberspace lawyers pause when drafting "incorporation by reference" language, an activity that has now become very commonplace for incorporating additional online terms and conditions in the paper-based world.
We regret the error. The corrected article can be found on the BLT Web site at www.abanet.org/buslaw/blt/2007-05-06/keepingcurrent3.shtml.


