Insights from Three Senior Counselors -by David Madison, Ph.D. Three of our busiest senior counselors, Ellis
Chase, Jim Borland and Kate Wendleton, took time recently to sit down with
our Associate Editor, David Madison, and share their thoughts about
counseling attorneys. Ellis has helped about 50 lawyers in the last couple
of year alone, Jim has worked with them in his private practice and as
Five O'Clock Club branch head, and Kate regularly sees lawyers in her
executive-level private practice. The observations and advice of these
seasoned counselors are summed up in the article that follows.
They don't want to be "Lawyers over 40," Jim Borland points out,
"complain about the loss of civility in the law. People get very nasty
very quickly." The loss of civility may be a reflection of declining
morale in the field. The current mood reminds Ellis of the climate in
banking following the crash of 1987. "I have never heard so many
professionals so unhappy." Our counselors admit, of course, that they tend to
see the unhappiest of the lot—the people who have decided to get career
help—but even so their clients may be representative of a high proportion of those in
the business. "We see the attorneys who are miserable," Kate
admits, "but they say that everybody is miserable." They may be projecting their low spirits
onto others, but no matter how high or low the "unhappiness index" may
actually be, it is clear that the world of law is not immune to the
turbulence of the business world in general—leading many lawyers to
rethink how they want to make a living. The idea of permanence is no longer there. The Changing Landscape in Law Faulty Concepts of What Lawyers
Do With her new law degree, she managed
to land a $32,000 job as a paralegal at a giant corporation. Of the 60 paralegals on the staff,
50 were members of the bar! The Big Fees Don't Go to
Everyone In most cases—in the experience of our three counselors—lawyers don't
change careers as much as they change environments. The Role of Assessment and Transferring
Skills But the assessment work pays off in most cases, and in
most cases—in the experience of our three counselors—lawyers don't change
careers as much as they change environments. Highly trained, highly
skilled, and in many cases highly paid, it won't do to try drastic leaps.
Attorneys must self-assess very well, research targets and brainstorm—and
use their legal knowledge in different contexts. Other Industries Prove
Appealing A senior partner with a law firm who had put in too many A senior general counsel who came to Kate changed environments by
going from a state government position to the private sector. At a state
health department he had overseen a staff of 85 litigators, but was
obviously viewed as a great catch by a health-care company that brought
him on board as senior counsel. Some Make Bigger Leaps Than Others For those Who Love the Law The dot.com world has cast its spell
on a few attorneys as well. One client mastered the emerging field of Internet law.
And people 4 to 5 years out of
law school are at a premium. Hence it's clear that the market is very good
for lawyers on the way up, who thrive on heavy work and who love
the law as it is practiced at the firms or offices of corporate counsels.
The ability to adapt and survive will count for a lot. It's not so clear why people who don't love the
law are putting their toes in the water. Our counselors are skeptical of
the recent trend of opting for law school instead of business
school—especially for those who do not anticipate a career in the law.
"There are so many law schools," Jim points out. "Anyone can get into a
law school—which isn't true of other professions. It's a classic myth that
law school teaches you how to think. If you go to the right school, you
may have a leg up." "It's a mystery to me," Ellis confesses. "Why do
people who don't plan to practice law want a law degree? It's three years
of grueling study—are you sure there's going to be a payoff?" Why do people who don't plan to practice law want a law degree? Are
they sure there's going to be a payoff? We can only hope, based on our counseling experience—and
hearing so many the reports from the front lines—that only people who
understand themselves very well, and who understand what they're getting into
very well, will chose law as a career. When Lawyers Seek Career Counseling
doctors ("I don't like blood") or
accountants ("I don't like numbers"),
but "Perry Mason sounds
cool."
People are jumping from
firm to firm and
getting pirated by recruiters.
Several factors may have
contributed to the loss of civility and morale. Financial expectations,
for example, may have reached new levels. "The whole nature of billable
hours at the law firms has become so oppressive," Ellis says. "The
pressure for profitability is just as high as it is anywhere else—but the
law firms carry it to a more extreme degree. Consequently the partnership
track doesn't exist the same way anymore. If you're good—that's not
enough. People can't just practice law anymore, they have to bring in
business now." He described one of his clients as a "brilliant lawyer, and
a terrific writer, but a very introverted fellow; he intensely disliked
bringing in business. It became clear that he would never make partner."
And Jim described one of his clients as a "classy guy, Ivy league, Park
Avenue attorney" who had made partner years earlier. But his firm was
acquired, and the new managing partner raised the quota on billable hours
considerably—and Jim's client was out within a year.
Thus the
stability that was expected of the world of law has eroded. Ellis believes
that "Ùthe idea of permanence is no longer there. People are jumping from
firm to firm and getting pirated by recruiters. It's much more like the
rest of the corporate world than it ever was before."
The mergers
and acquisitions mania of the last decade has had impact as well. Kate
notes that corporate general counsels are facing a tightening job market:
"Usually when two companies merge, there's room for only one general
counsel. A lot have lost their jobs and they have very tough
searches."
Low morale may also be
traced in large part to lack of careful forethought and career planning.
Ellis suspects that "Ùmany people who become attorneys don't do it with
self-awareness or self-assessment. They want to be in a profession, but
don't want to be doctors (âI don't like blood') or accountants (âI
don't like numbers'), but âPerry Mason sounds cool.' But they have a
faulty concept of what the law is, and what the jobs in law require. It's
really disciplined, isolating work, commonly at firms that aren't well
managed. Decisions are made prematurely, poorly—this is epidemic in the
field." Jim thinks that the law school system plays a part in failing to
manage expectations: "The first year of law school is living hell. And
what you learn in law school has very little to do with what you're going
to do—or how. Most kids get internships or summer associates, and
usually—but not always—find this exposure a turnoff, but they have to
continue."
Consequently, it is not uncommon for people to get to
a place where they're making a lot of money—and not enjoying it in the
least. Ellis finds that "Ùa lot of lawyers are very unhappy because they
wanted to be litigators, but didn't really understand what that meant.
Litigation requires years and years of research —even when you become a
top litigator, you're still doing a lot of research." Borland reports
counseling a woman who had become partner at a small law firm by age 28,
earning $350,000 —but found the work unbearable. Kate sees lawyers in the
$200,000 to $300,000-range who are, by any reasonable standard,
successful. "But they didn't realize how tedious and isolating it was
going to be. The very first words out of their mouths when they walk in my
office is that they want to leave law altogether."
Spectacular salaries
notwithstanding, the difficulty of making a living is a much more common
dilemma, and plays a role in prompting attorneys to seek career help. The
law schools in the New York area alone turn out thousands of graduates a
year, and the competition for jobs can be intense. Jim worked with a
client recently who, with her new law degree, managed to land a $32,000
job as a paralegal at a giant corporation. Of the 60 paralegals on the
staff, 50 were members of the bar! Turnover was low because everyone was
counting on promotion to achieve some career progress.
Attorneys who make a try at private practice discover the harsh
realities of self-employment. Ellis finds that "Ùmany don't do well
because they're not great marketers. Even those who carve out a niche must
be flexible and adaptable. You have to be open to a lot of different kinds
of law. If you need someone to explain things to you, if you're not
resourceful, you're going to have a lot of trouble in private practice.
You have to be able to swim."
Attorneys who join the Five
O'Clock Club or who are referred to one of our counselors for private
sessions are asked to do our basic assessment exercises, the Seven Stories
and Forty-Year Vision. These usually provide the clues to finding a more
satisfying way to make a living, although Kate has found that it can be an
uphill battle with lawyers. They have the hardest time coming up with
enjoyable accomplishments—and "enjoyable" is key when doing the Seven
Stories. "It is striking to me when people cannot come up with seven
accomplishments. Those people have been unhappy in their entire careers —that's a
sad thing. I definitely see it more with lawyers. One
young man who had been practicing law for seven years,
and who had done brilliantly in law school, could not list one enjoyable accomplishment.
I had to ask him to try to remember
enjoyable courses in high school and college."
Ellis recalls an Ivy league
law graduate, a 10-year veteran of a Wall Street law firm, "Ùwho hated
every minute of law school and hated working for a firm." A grandson of
Holocaust survivors, he had an intense interest in Holocaust studies—and
the Seven Stories revealed a strong need to do good. The not-for-profit
world turned out to be logical place to search and provided several
promising targets. Heavy networking led to interviews with a Holocaust
reparations agency, which was impressed with his legal background and
strong understanding of contracts and documentation. He was ecstatic to
land a position that involved reviewing reparations claims and negotiating
with banks and insurance companies.
Another of Ellis'
clients, a graduate of second-tier law school, had landed with a personal
injury law firm—and disliked it intensely. The work itself was not
displeasing—and he enjoyed hard work. But the atmosphere of the firm and
the pressure for billable hours were too stressful. Brainstorming options
with Ellis, he decided to quit the firm and sample the market by working
for a temp law agency. He got an assignment with an insurance company,
doing basically the same work he had done with the law firm. Within a few
months he called Ellis with good news, "I love it here, and they're about
to offer me a permanent position." Within two years he was promoted to
Vice President.
One of Kate's clients, a senior partner
with a law firm who had put in too many grueling 70- to 90-hour weeks, was
looking for a way out—and simply peddling himself to another law firm was
not the answer. Several accomplishments on the Seven Stories revealed his
passion for wine, but he had never considered this seriously as a possible
career path. With correct positioning on the rÌsumÌ, appropriate targeting
and networking, he was able to land a position as senior legal counsel for
a wine company.
grueling
70- to 90-hour weeks—and had a passion for wine— became senior legal
counsel
for a wine company.
Another of Jim's Ivy League
graduates had stalled in a low paying ($42,000) position with a Federal
regulatory agency. After more than six months of networking he landed a
position as compliance officer with a leading brokerage house; he
eventually was able to move into a trading role that involved forging
international deals—and tapped his skills as a lawyer. One of the clients
at Jim's Five O'Clock Club branch who been associate general counsel at
one of the Big 5 landed a position at a Fortune 100 company that is buying
accounting firms.
Jim has seen others move from law firms into
the entertainment field. One attorney found a position with one of the
major TV network as business development officer. This may appear at first
to be one of those unlikely "drastic leaps," but he works in a division
that markets artists' properties, so his considerable skills in copyright
law play a key role in his new position. And another, a working mother of
two small children, could no longer put in the 18-hour days demanded by
her firm. She found a job in TV production, working on programs that deal
with law and media.
The dot.com world has cast its spell on a
few attorneys as well. One of Kate's clients decided to focus all his
energy on mastering the emerging field of Internet law, and has
established a profitable niche there. Another in Borland's practice found
a role in Internet business development.
Some lawyers manage
eventually to buy their way out of traditional career tracks. The
high-stress, high-pay jobs have allowed the accumulation of considerable
capital, and this can bring options. One of Kate's clients was able to buy
a small manufacturing business with a skilled management team in place to
help him learn the ropes. Another senior legal counsel, who was stymied by
the shrinking market, chipped in with some friends to buy a company. There
he was able to function as legal counsel, but also served as business
operations head, thereby enhancing his experience.
Kate tells
other stories—of a corporate attorney who became a priest, a trademark
attorney who became associate executive director of a cultural
not-for-profit, and many an attorney who moved to the business side.
Not so long ago Ellis heard that a
Wall Street law firm recently paid a law school grad $165,000 to start.
"This is probably a record—but they're competing with other industries
now."