ABA Section of Business Law
Business Law Today
Snap Judgments
By Molly Thomas
BlackBerry Blues
Taking work home has reached a new level of absorptionnow 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 jokeseverybody 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
jokesin 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."


