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ABA Section of Business Law


Business Law Today

Snap Judgments
By Molly Thomas
BlackBerry Blues
Taking work home has reached a new level of absorption—now your work can go to the grocery store, to the soccer game, to the gym, to breakfast, lunch, and dinner because it travels in your pocket. What makes this possible? Your BlackBerry, of course. According to the National Law Journal, your constant companion could be the next battlefield of wage and hour litigation. Speculation is that litigation may be imminent, filed by employees looking for overtime compensation for spending hours outside of work writing and responding to e-mails, fielding phone calls, and otherwise electronically connecting to work. Says Jeremy Roth, of the San Diego office of Littler Mendelson, "We'll see it. It's only a matter of time." He adds that he advises clients to establish policies about the issue. Mitch Danzig, of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo's San Diego office, advises his clients to give BlackBerrys only to employees exempt from overtime or to require that employees seek permission to use their BlackBerrys outside of work. For employers who are confused about when to pay their employees who use BlackBerrys, plaintiffs' attorney John R. Linkosky of John Linkosky & Associates in Pittsburgh offers the following advice: "Anytime they're using their BlackBerry for the benefit of the employer is compensable time--period."
How Funny Is Your Law Firm?
Lawyer jokes—everybody knows them. And one firm recently decided to embrace them, reports a story from Newsday.com. Long Island law firm Meltzer, Lippe, Goldstein & Breitstone features cartoons licensed from the New Yorker on their Web site. The clever and lighthearted way to market their firm and stand out from the legal crowd also provides them an opportunity to keep in touch with clients; every month clients are notified when new cartoons are posted. Celia Alers of Alers Consulting, who revitalized the branding approach of the firm two years ago, said they aimed to show that the firm "understood that lawyers were the butt of jokes—in some cases for good reason."
Back to Business Basics
It's a recurring challenge. After years of demanding intellectual training, law school grads find that they are ill-equipped to build and run their own law practice. But for lawyers eager to hang out a shingle, practical skills such as hiring, firing, drumming up business, and keeping the books are going to make all the difference in establishing an economically viable business. An incubator program, such as the one developed by the City University of New York School of Law, helps train participants in running a private practice, or, essentially, running a small business, reports the New York Times. The CUNY program is an 18-month course that encourages new lawyers to establish private practices in their own communities. Says Fred Rooney, one creator of the program and the director of external relations for the school, "We're helping lawyers, and we're providing them with support and professional development skills, but it's all done with the goal of having them set up practices where access to justice is extremely limited." Experienced practitioners train the participants in human resources and practice management skills, as well as prepare them for the inevitable uncertainty that comes with the territory.
If It Makes You Happy
What workplace factors dampen employees' spirits and decrease their productivity most? According to a recent poll commissioned by Blumberg Capital Partners, the number one complaint was related to office conditions, with 47 percent of respondents targeting "extreme office temperatures due to poor heating, air-conditioning, and ventilation systems." Conducted by Fleishman-Hillard Research, the poll sought to gauge the impact of the office workplace on employees. Eighty percent of respondents reported that "the condition of their office buildings affects how they perceive their employers," with nearly 50 percent of complaints calling their office environment bland, dumpy, or stodgy. The poll also illuminated a desire for increased workplace security measures, such as cameras or security guards.
Seeing a Slowdown
The good times are rolling toward a slowdown. Last year, firms were jumping to match each other's salaries in order to retain top talent, and first-year associates at large firms were making $160,000. Oh, how the times have changed, according to the Wall Street Journal, when this year, in response to the economic cool-down, firms are taking a second look at their associate programs, including summer associates. The scaling-down is not dramatic, but more of a trim around the edges, including reducing summer associate programs from 12 to 10 weeks, and staggering start dates for new associates. Still, the small changes are significant, especially for firms focused on structured finance work like mortgage-backed securities. Says James Jones, senior vice president at Hildebrandt International, law firms are "reluctant to lay off people because it is expensive and time-consuming to staff up when the market regains its vigor." Smaller scale adjustments are more appropriate to the times, and may be a positive thing, pointing to the temporary nature of the downturn.
It's a Family Affair
In an effort to attain and retain associates, some top firms are extending their paid leave periods, and not just for new mothers, reports the National Law Journal. While maternity leave has been recently boosted from 12 weeks to 18 weeks at some top firms, paternity leave is also getting a boost, and increased time is being given to adoptive parents. These increased benefits may help firms retain more women, who are steadily leaving the legal profession. Family care is a hot issue for other attorneys as well, as many find themselves in the position of caring for ailing elderly parents. Some firms are establishing elder care benefits, recognizing that associates may have trouble giving their all to their work when preoccupied with their parent's care. Says Lori Johnson, chief of human resources at Bryan Cave, "We can't expect people to concentrate 100 percent on their job when they are worried their parents are sick or injured and alone, or they are trying to find the right long-term care." While the number of firms offering an elder-care benefit program remains small for now, the numbers are expected to grow since firms' benefit packages need to remain competitive. Notes Patricia Caudel, director of human resources and employee life programs at Paul, Hastings, Janofsky & Walker, "When we think through what is needed to retain and attract top talent, the common denominator is taking care of family."
Night Vision
In a 24-hour world you can get almost anything, anytime. So why not legal help? That's the question E. James Perullo asked when he was, at age 42, planning his career transition from information technology to the law, reports New York Lawyer. The answer he came up with was Bay State Legal Services, located in Boston, which includes a group of four paralegals and 14 lawyers. "The idea behind the business model is convenience," said Perullo, who has branded and marketed his practice as After-Hours Law. The nighttime lawyers hold a range of daytime jobs, and meet with clients between 6 and 10 P.M. at their downtown Boston office, leased more affordably during the firm's evening-only hours. The practice specifically targets working-class and small business owners, potential clients who might not be able to leave work during the day to see their lawyer. "The firm is unique in its marketing concept," said Yuri Levintoff, an outside counsel to Bay State Legal. "Everyone is offering 24-hour service: locksmiths, auto mechanics. In the legal world, I haven't seen too many marketing efforts specifically pointing out [when] they're available."

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