Back when I practiced law, it had been drummed into my head that every mistake was a potential catastrophe and a source of shame. I was a perfectionist and proud of it. I was also a little bit intense and not particularly healthy. I taught my Associates and Law Clerks to be just like me!
I recently wrote an article titled, “You are Old. We are Greedy. Get the Hell Out!” In that article, I lamented the fact that law firms often nudge (or push, or shove) lawyers out of their firms when they hit their sixties. If you did not like that one, you probably will not like this one either, so just keep scrolling.
“All of this has happened before. All of this will happen again.”
Battlestar Galactica, Peter Pan, and Ecclesiastes 1:9
It is not often that I quote the Bible, but when the Bible is validated by both Peter Pan and Battlestar Galactica, it has to be right.
In 1994, which may as well be back before the beginning of recorded history as far as people entering law school now are concerned, the Los Angeles Times ran an article written by Amiram Elwork under the following title, “‘Justifiable Paranoia’ Afflicts Lawyers, Psychologist Says.”
Back in the day, I would have an Associate join a client meeting with instructions to speak up if they thought I was getting something wrong. Of course, they would only do so occasionally because I was not wrong all that often. When they did, if their point was not so great, I would respectfully acknowledge it and move on, but if it was valuable, I would say so and say to the client something like, “that’s why I had her sit in.”
“Fools believe silence is a void needing to be filled; the wise understand there’s no such thing as silence.”
Michael J. Sullivan, Age of Myth
Client: Why do I want to pay for two lawyers to be in this meeting?
I spoke to a young lawyer the other day who hails from another country. I will call her Natalie. Natalie explained to me that where she comes from, the culture is such that self-promotion is frowned upon. In her country, people do not think much of braggarts and blowhards. They respect people who are humble.
“This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man.”
Hamlet – William Shakespeare.
I drove into the Big City the other day and had brunch with an old friend who I will call Sandy, because that is her name.
Now that I have been retired for a few years, I sometimes wonder whether my experience as to how law firms work remains valid. Also, since I spent my days with medium-sized firms and not in Big Law, I occasionally worry that my view of what goes on in Big Law is not correct.
But then I speak to lawyers working in Big Law and they invariably confirm that Big Law is exactly what I always thought it was (which is just Medium Law on steroids, with worse side effects), and nothing has changed, and likely never will.
“If you don’t know where you’re going, you’ll end up somewhere else.”
Yogi Berra.
I was speaking to an unhappy lawyer the other day, which is typically the only type of lawyer that calls me.
This particular fellow has been practicing law quite a long time and makes decent money. His unhappiness stems from his insecurity, that so many of us share, about whether the clients will continue to come, and the fact that his work is too easy. He needs to develop his reputation so that he is in demand. He must also attract some more complicated stuff to sink his teeth into so that he is intellectually challenged and feels that he is doing something valuable for his clients.
Back when I was practicing law, ignoring my health, and always exhausted, there were oh so many things to think about. One of them was referral fees.
Of course the Law Society has rules about referral fees, as they should. (There are a whole bunch of other things that they have rules about which they should not be involved in, but I will save my rant about that for another day.)
In our firm, we kept our rules about referral fees a whole lot simpler than the Law Society rules. We did not pay referral fees and we did not accept referral fees.