August 24, 2008
- Marketing for Attorneys and Keyword Research, Part II
Although Wordtracker's free keyword search tool is helpful and provides a good start in marketing for attorneys, I recommend - if it makes sense within your budget - upgrading to the paid Wordtracker service. (…)
August 12, 2008
- Barack Obama an Example for Law Firm Marketing?
It was reported today that Barack Obama's campaign manager sent e-mails to supporters offering them the chance to be the first to know who Obama will choose as his vice presidential running mate. Obama's strategy of opening up a dialogue with his supporters and potential supporters almost rises to the level of web 2.0 - even if it is based upon the "old" technology of e-mails. It seems clear that Obama is trying to expand his "list" of e-mail addresses and contacts. In fact, Obama's e-mail to his supporters goes so far as to ask them to forward the e-mail to co-workers, family and friends - similar to the "tell a friend" script concept espoused by such marketers as my colleague, Alex Mandossian. (…)
August 6, 2008
- Lawyers Are Often Dissatisfied With Their Work
Many lawyers are disillusioned, dissatisfied, or at least not enthused with the practice of law. One commentator has concluded that lawyers are less than happy, and that their source of unhappiness is the work that they do as lawyers. According to a study by the RAND Institute for Civil Justice, only half of surveyed California lawyers said they would become lawyers again, if they had the chance to start all over. The study found that California lawyers were very pessimistic about the current state of the legal profession and its future. A 1992 survey from the California Bar Association revealed that 70 percent of the responding lawyers would choose a different profession if they could, and that 75 percent would prefer that their children not become lawyers. (See Carl Horn III, LawyerLife at 32-33; Amiram Elwork, Stress Management for Lawyers at 3; Patrick J. (…)
August 5, 2008
- Too Many Lawyers Dislike Their Work
Many lawyers at large law firms are simply biding their time until retirement. It is typical for lawyers to wish that they were doing something else and to be envious of officers or employees of their corporate clients. Many lawyers proclaim that they would not go to law school again, if given the choice. Numerous lawyers also state that they would not recommend that their children attend law school. One senior lawyer in a commercial law firm has been rumored to tell new associates in the firm that they should have chosen a different job and profession. (…)
July 30, 2008
- Lawyers and Guilt
Do lawyers in private practice feel guilty about taking a vacation or spending quality time with family or friends? (…)
July 23, 2008
- Alternative Billing by Lawyers
I recently began representing a client that is using a large law firm for all of its single-plaintiff employment discrimination cases. The large law firm charges for its services for that client on a flat fee basis, with the fee determined based upon the stage at which the case is resolved. My law firm serves as local counsel for the large law firm on a case in Utah and is paid on an hourly basis. I have been impressed, however, with the large firm's creative use of alternative, flat fee billing. Lawyers and law firms need to continue to implement alternative fee arrangements that will lessen and eradicate billable hours.
July 14, 2008
- Lawyers and Time Off
I've spent the last few days relaxing in San Diego with my wife. It has been great to walk on the beach, exercise, and have Sunday brunch at the historic Hotel Del Coronado! (…)
July 9, 2008
- Lawyers and Substance Abuse
In addition to suffering from high levels of depression and anxiety (and maybe as a result thereof), lawyers appear to have more problems with alcoholism than do individuals in the general population. (…)
July 3, 2008
- Studies on Depression among Lawyers
Some studies indicate that lawyers are more prone to depression than individuals in other professions. In one study, lawyers in the State of Washington were found to suffer from statistically higher depression levels when compared to the population in general in Western industrialized countries. [See Patrick J. (…)
July 1, 2008
- Depression in the Legal Profession
Lawyers and prospective lawyers should be aware of the factors contributing to professional discontent (including billable hours), and then seek to correct and avoid them. (…)
June 30, 2008
- Too Many Lawyers Suffer from Poor Emotional Health
Many lawyers are happy and live fulfilled lives. As a segment of society, however, lawyers seem to suffer more from depression than the population in general. Elevated levels of depression among lawyers have been suggested by various studies and by anecdotal evidence. According to one observer, the legal profession is one of the least happy and least healthy of all professions. Moreover, levels of lawyer satisfaction have arguably been declining. Lawyers generally have strikingly high levels of depression, stress, other mental and physical problems, alcohol abuse, and drug abuse. These problems highlight how difficult it is to practice law. (See Patrick J. (…)
June 26, 2008
- Too Many Lawyers Are Unhappy
The truth is that lawyers disproportionately suffer from depression and related problems. Many lawyers wish that they had chosen a different line of work. Students and individuals who are considering the practice of law should be aware that many lawyers are discontented. Those within the legal profession should acknowledge significant discontent among its members and should seek ways to raise levels of professional satisfaction. While it is true that lawyer discontent is not universal, and that there is a broad spectrum of career satisfaction within the legal profession, the profession needs to acknowledge more openly and frequently that discontent is a widespread problem that needs to be thoroughly studied and addressed. As pointed out by one prominent commentator back in 1993, lawyers are in a state of crisis wherein morale, professional fulfillment, and professional confidence are low. [See Anthony Kronman, The Lost Lawyer: Failing Ideals of the Legal Profession at 1-3 (1993)]. What was true in 1993 has become increasingly true over time.
June 24, 2008
- Popular Image of Lawyers Isn't Always Reality
Many popular television shows, movies, and books have portrayed a glamorous image of lawyers. The overt message is that lawyers live rewarding professional lives that are full of drama, passion, and a nonstop barrage of interesting, novel, and groundbreaking issues. The popular image of the lawyer is that she "loves her job": she does what she does because she has passion for her work to the exclusion of almost anything else in her life. The lawyer is viewed as a willing workaholic who regularly sacrifices self, family, outside interests, and friendship for the love of the case, the client, or the business deal. Of course, the media portrays lawyers as invariably having excess money and living in posh or trendy apartments or neighborhoods. Rarely, if ever, does the media focus on depression or unhappiness among lawyers. A thorough awareness of such depression and unhappiness is the first step toward neutralizing the negative effects of billable hours and moving away from the 6-Minute Life
June 23, 2008
- Looking Optimistically at Billable Hours
It is possible to thrive in a billable hours-based system. Lawyers in private practice can establish priorities and mindsets that will help them enjoy their work and minimize the negative effects of billable hours. The practice of law in a billable hours world - or the 6-Minute Life - has advantages upon which lawyers (and paralegals) should capitalize. Further, lawyers can and should implement alternatives to billing by the hour. It is helpful to explore various alternatives to billable hours, and continue efforts to eradicate billable hours from the practice of law. Billable hours have not been used by the legal profession over an extended period of time, and there is every reason to believe that the profession can abandon its fixation on them.
June 19, 2008
- Professional Fulfillment for Lawyers Is Tied to the Nature of their Work
The exhilaration of hard work and billable hours is multiplied if the case or transaction is "high profile" in some way. A lawyer who is working on a brief relating to a newsworthy public controversy or a significant constitutional issue finds tremendous satisfaction in the nature of her work. Likewise, there is great satisfaction in helping a client whom the lawyer likes or whom she believes has been wronged. Lawyers also pride themselves in helping clients with whom they do not agree, or in taking cases or transactions that present an uphill battle. The nature of a lawyer's work and interactions can create professional fulfillment and satisfaction.
June 18, 2008
- Many Lawyers Enjoy Being Too Busy
Many lawyers enjoy the sensation and "rush" of being too busy and of being completely immersed and engrossed in a case or a transaction. I know from experience that there is a certain exhilaration that comes from working long hours with ironclad focus and a "steel-trap" mind on a legal brief or on preparation for a hearing or a trial.
June 17, 2008
- Many Lawyers Prefer to Be Too Busy than to Fall Behind on Billable Hours
Lawyers in private practice are usually too busy to sit around bemoaning the fact that they are obligated to live their lives in six-minute or fifteen-minute increments. It is only over lunch or during breaks in the courthouse that lawyers will complain to each other about the hectic and unrelenting pace of billable hours. As in other professions, the typical large-firm lawyer is wont to affirm that she would rather be "too busy, than not busy enough." There is something comforting, and yet simultaneously disturbing, about being overly busy. If a lawyer in a law firm has too much work to do, she generally contents herself with the fact that she at least is not faced with the prospect of looking for work within the firm or outside of the firm and falling behind in the race for billable hours.
May 29, 2008
- Lawyer Satisfaction
Some trial lawyers simply love the thrill of the fight. They enjoy constructing an argument and attempting to convince other lawyers and the court of the strength of their position. True trial lawyers love the art of advocacy, the adrenaline that comes with a trial or oral argument, and the satisfaction that comes from settling a lawsuit or dispute that should be settled. Many transactional lawyers and trial lawyers enjoy serving their clients and obtaining the best results possible. Some lawyers love the actual legal principles themselves that underlie their work. Thus, many lawyers become excited and passionate over legal principles, novel fact patterns, and cutting edge legal work.
May 28, 2008
- Spectrum of Professional Satisfaction in Legal Profession
Despite the stress and emotional problems that are common in the practice of law, not all lawyers are discontented. There is a spectrum of generalized professional satisfaction in the legal profession. Many judges, law professors, special interest lawyers, government lawyers, and in-house corporate lawyers are happy with their work. While lawyers who bill their time generally seem to have less professional satisfaction, many lawyers at large and medium-sized law firms would not trade what they do for any other job or professional opportunity. I am acquainted with numerous lawyers in law firms who love what they do. While some of these individuals would retire from the practice of law if they were to win the lottery, there are others who would continue practicing law regardless of how rich or independently wealthy they were to become.
May 20, 2008
- Billable Hours on Steroids
A relatively recent phenomenon in the world of billable hours has been the introduction by certain insurance companies of a more rigorous and exacting way of billing for one's time. Although there are variations in how such companies require that billing be done, most of these companies require that their outside lawyers not engage in "block billing." Block billing means that a lawyer lists more than one task in an increment of time that is greater than six minutes. For example, a lawyer who bills 3.7 hours for a client during a particular day may engage in six different tasks (e.g., drafting a letter, engaging in telephone conferences, performing legal research, drafting a memorandum, etc.) during that time frame. Traditionally, a lawyer who spends 3.7 hours performing six different tasks for the same case or transaction would simply describe each of those tasks and record that it took 3.7 hours to do them as a group. According to the model now espoused by many insurance companies, a lawyer would need to break down the amount of time spent on each of the six different tasks for that day, rather than simply stating that it took 3.7 hours total to do them. In addition, clients who do not allow block billing will often refuse to pay for conferences between lawyers within a particular firm, and refuse to pay for any time necessarily spent by a lawyer in traveling.
