ABA Section of Business Law
Business Law Today
Snap Judgments
By Molly Thomas
Virtually at Your Service
Is the next legal trend the officeless law firm? Yes, says entrepreneur
Craig Johnson, whose newest venture depends on it, according to the
Recorder, a daily legal newspaper in San Francisco. Virtual Law
Partners was unveiled by Johnson and 14 other lawyers, who see it as
mutually beneficial for lawyers and clients. Because billing rates don't
include office-related overhead and the firm has done away with minimum
billable hour requirements, clients save money. And because lawyers can
work from home, set their own rates, and retain 85 percent of what they
bill (while still charging relatively less than big firms), their life-work
balance gets an upward boost. Johnson, who co-founded Venture Law Group in
1993, aims to break from the current formula by being just like other big
firms with hundreds of lawyers, but without the actual building. But not
everyone is jumping on the virtual law boat just yet. Peter Zeughauser,
founder of law firm consultant Zeughauser Group, has doubts that the
virtual model can handle the type of work that bigger firms with a heavier
infrastructure can manage. Still, Johnson sees the
half-as-expensive-as-big-firm rates as a draw to the diverse clients that
his lawyers will service. "The thing that makes it almost a slam
dunk," says Johnson, "is the incredible price umbrella from the
big firms. When you charge $400 an hour and have clients think it's a
bargain, how could you not succeed?"
Trimming, Saving, Moving
For firms dependent on the deals of the financial world, the times are
looking tough, and slimming down around the edges is the reality of the
day, reports Crain's New York Business.com. "This has not been
a great year for law firms," said Aniello Bianco of Hildebrandt
International. "When you have people who are not busy and you don't
anticipate them becoming busy, law firms have to trim." The quiet,
targeted layoffs that began last year will likely continue and even
increase this year and into 2009. Lawyers in New York, the Wall Street
pulse of the financial times, are disproportionately hard-hit by the
economic slowdown. Some firms are delaying start dates of new hires in
order to save money, offering stipends in the meantime to discourage
defection to other firms. Nonfinance-focused firms have the luxury of
cherry picking the top talent skimmed off the competitors' losses, plucking
a few bright stars out of a potentially troubled talent pool. And for those
downtrodden New York lawyers, location is everything. That Big Apple, Big
Law past has helped some land a new spot in a new city.
Readying for Re-entry
Getting back on the legal track after taking a side street to, say, raise a
family or pursue another career interest, can be a challenging experience.
The Legal Times reports that at American University's Washington
College of Law, a re-entry program is being launched to assist with that
very journey. The course breaks the curriculum down into four focuses, the
first being self-assessment and goal setting. The second addresses rŽsumŽ
and cover-letter updates, followed by schooling in the realm of that
quickly changing beast, technology. The final step is a one-on-one coaching
session with the executive director of the program, Linda Mercurio, whose
ultimate goal is to help the returning lawyers to "regain a sense of
self as a professional" and "successfully prepare the
participants to cross that bridge" that leads to the workplace. Though
the program is cosponsored by the Women's Bar Association of D.C. and the
National Association of Women Lawyers, it is not exclusive to women, and
already some men have expressed an interest in participating.
Digital Discovery Ups Costs
Digital discovery is more expensive than ever, reports the Wall Street
Journal, sometimes even prohibitively so. The cost to reproduce and
turn over digital data, particularly in complicated civil cases, is
dramatically driving up litigation costs, sometimes to the point where
cases with little merit are settled rather than tried, for fear of the
potential expense. Or, deserving cases go unfiled because the "cost of
getting the information is much higher than what the case is worth,"
said John Raiej, chief of the Rules Committee Support Office of the
Administrative Office of the U.S. Courts. Volumes of information have gone
from megabytes to terabytes for cases concerning big corporations. Houston
attorney Sam Guiberson offered that the problem results from companies not
realizing that information retention is part of a normal business practice.
When facing litigation, enormous allocations of money must then be spent to
reconstruct information. "The solution begins with corporations and
other business entities understanding that litigation is part of the due
course of their business," said Guiberson.
Bullies Beyond the Playground
Stress resulting from difficult economic times can bring otherwise stable
employees to the brink of breakdown, which can mean succumbing to so-called
desk rage directed toward their colleagues, reports the New York Law
Journal. Unfortunately, employment lawyers are witnessing an increase
in occupational abuse and violence. A 2001 study found that 23 percent of
respondents had been driven to tears by stress in the workplace, 10 percent
had witnessed workplace violence at the hands of a colleague, and 42
percent reported hostile shouting and other verbal violence. More recently,
and more startling, is a research paper published this year by Paul
Spector, an industrial and organizational psychology professor at the
University of South Florida. Out of a national workforce of around 100
million, 3 million workers "confessed to pushing, slapping or striking
a colleague on the job." Just like traditional sexual harassment
education, workplace abuse education may be the next important training
focus for the office, as well as a clear company policy in terms of
occupational violence. Offices are aiming to prevent abuse litigation by
thoroughly making clear at seminars and training sessions that
"workplace bullies" will not be tolerated. After all, a lot more
than lunch money is at stake these days.
Walk It Off, Albeit Slowly
Instead of a chair at your desk, what about a treadmill? Texas
Lawyer shares the story of Ross Robinson of Winstead PC's Dallas
office, who is busting a move to the speed of 0.7 miles per hour all day at
his workstation. Having become accustomed to his standing workstation a few
years ago, Robinson decided to take it a few steps further after reading
about a study performed in 2005 by Dr. James Levine at the Mayo Clinic,
which found that NEAT, or nonexercise activity thermogenesis, is very
possibly a deciding factor between obesity and thinness. Robinson, a
shareholder in Winstead's intellectual property group, estimates that he
spends about 80 percent of his day taking baby steps on the treadmill, to
the tune of six or eight pounds lost in a month. "I don't even think
about it. It's so slow," says Robinson. "Even at a mile an hour,
you are just barely moving." Sounds like slow and steady really does
win the race!
The Best or Worst of Times?
Is the job market splitting into two equally difficult to navigate markets?
On the one side, according to Robert Half International, is the overstuffed
talent pool in some fields, leaving employers with many qualified
applicants to choose from, and jobs that are hard to find. On the other
side are fields such as accounting and technology, where not enough
qualified applicants exist, and recruiting is becoming more and more
difficult, with in-demand employees difficult to coax out of their
positions unless an extremely attractive offer comes their way. According
to the survey's findings, Generation Y workers (born between 1979 and 1999)
are the most difficult to recruit, possibly because of their expectations
surrounding flexibility, career advancement, and pay. Pay is an issue all
around, considering the rising prices of health care, food, and fuel, and
negotiation is becoming ever more important for both employers and
potential employees. Companies that are running leaner aim to recruit
fewer, but higher quality employees, and are willing to negotiate
compensation packages in order to lure top talent.


