Iranian Bar Associations

PAPERS(Page 2)
Main Index
Index:

  * Balancing your work with your personal life
  * Aligning Your Career with Your Passions
  * A Step by Step Guide to Law firm Success
  * Six tips that produce better legal writing
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  * Balancing your work with your personal life

A Matter of Time
Balancing your work with your personal life

You've graduated from law school, you've passed the bar, and you're in your dream job with a great firm...you're on the partner track. And we all know the secret to making partner. It's called billable hours. Does this mean you sentenced yourself to years of twelve-hour days, including weekends? Will you ever get to spend any quality time with your spouse and what about starting a family?

Attorneys are increasingly desirous of spending more time outside of the job, whether it's to spend more time with their families, devote time to volunteer activities, or, in the case of some senior partners, simply scale back after years of working long hours. Given the realities of two-income families, many have no choice but to accept more responsibility in the home.

Alternatives allow flexibility
Many firms are sensitive to the issue of balancing working and family, and they are coming up with alternatives to the traditional billable hours system the drives those long hours. However, if you wish to try one of these alternatives, make sure that everyone involved has a clear understanding of your own expectations and those of the firm.

The most attractive alternative for many is to work at least some part of the time at home. Given recent advances in technology, it has never been easier to work outside of the office. Using a laptop and remote access it's possible to log into the firm's internal network, send e-mail, perform legal research, send and receive faxes, and interface with clients. Unfortunately, some firms still equate ''face-time'' with work-time, so you may face some resistance from those who equate working at home with goofing off. It's ironic, given the power of modern technology, that most people have no way of knowing if you are at home or the office unless they work with you an a day-to-day basis.

Another alternative is to negotiate less hours of expected work. For example, you may be expected to work 2,000 billable hours during the year. You may be able to negotiate a lesser number, such as 1,800 hours. Needless to say, you can expect to receive a reduction in salary as the price you'll have to pay for working less hours, but if it helps preserve you balance your life more effectively, it might be worth the price.

For some, the only alternative that will work is to work part-time and a significant number of firms are allowing attorneys to take this step. The risk you take in working part-time, in addition to receiving a lower salary, is that you may be perceived as less committed to the firm than full-time staff. As a consequence, you may miss out on some of the more coveted assignments and you might even be passed over for
promotion. You must decide if the potential benefits outweigh the risks.

Control the things over which you have control
You may not be able or willing to try any of these alternatives. You could have student loans to pay off or you don't want to take the risk of appearing to be less than fully committed to the firm. You still have control over many aspects of your work life that can help. To maintain a healthy balance, you might want to consider taking a stress reduction or workout class. One of the simplest things you can control is separating work from your personal life. Don't take work home unless it's absolutely necessary, even if it means occasionally spending more time at the office. When you are home focus on home.

But remember, you can't control everything, so stay flexible. Control the things you can control. Learn to manage your stress, avoid distractions at work, and take advantage of technology to use your time more efficiently. Above all, maintain a good sense of humor and you'll have a better chance of enjoying a balanced life style.
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  * Aligning Your Career with Your Passions

A New Look at Your J.D.
Aligning Your Career with Your Passions

You’re living your dream — you secured your law degree, passed the bar and are now working at a prestigious law firm. That’s a tremendous accomplishment. However, if the demands of the billable-hour environment have dampened your enthusiasm, it may be time to step back and examine your options. Armed with a J.D., you have many career alternatives — opportunities that can build on your love of the law while offering you greater career fulfillment.
Consider the doors your recent experience and J.D. could open...

INSIDE YOUR LAW FIRM
If enjoy the law firm environment, but are no longer enamored with practicing law, you may want to pursue a different role within your own firm or a different one.

•        Strategic Planning & Development Larger firms with an eye on growth recognize the need for someone to focus on client development and business expansion. That means understanding current clients’ businesses, industries and concerns while looking for outside opportunities as well. This type of position affords you the opportunity to be creative and make an important contribution to the firm’s future billable hours.

•        Technology Guru If technology is your forte, you might want to explore related opportunities within your firm. With a solid understanding of law firm operations and your specialized knowledge of technology, you could make a vital contribution to your firm’s operations and future while enjoying the satisfaction of working in a dynamic field.

•        Recruiting & Associate Development New talent is the life blood of a law firm. Attracting the best and the brightest is the first challenge. Developing and retaining them is yet another challenge. Because you have lived the life of an associate, you know what they want, how they feel and what they need. What’s more, you know the firm’s expectations. Add your own “people skills” and a career in recruiting and development could be very rewarding.

PUBLIC SERVICE
•        Public Defender If public service is what drew you to study law, a career as a public defender may be just the answer for you. It’s a great opportunity to defend the rights of the disadvantaged. At the same time, it provides you with great trial experience, typically giving you a great deal of autonomy over cases and with it the opportunity to exercise creativity in legal arguments, plea bargaining and sentencing.

•        Assistant City Attorney Local city attorney offices offer a different environment for those burned out on firm life. Those who practice as assistant city attorneys say they like the flexible hours, guaranteed salary and the fact that there’s no overhead to support. Moreover, it’s an opportunity to make a difference at the grassroots level.

•        Administrative Agencies City, state and federal government agencies offer you the opportunity to effect change, contribute to law and shape public policy in a wide variety of areas. What’s your passion — finance, antitrust, environment, housing, civil rights, telecommunications? Whatever your interest or specialty, it’s like you’ll find an agency where you can put your J.D. to good use.

•        The Judiciary While no fast, sure-fire path to the bench exists, trial and arbitration experience, public service and diligence are good preparation. According to one civil court judge, being a member of the judiciary is a personally rewarding career (though not necessarily monetarily).

LEGAL EDUCATION
If you enjoy the intellectual stimulation of research and writing but also want to share your knowledge of the law, teaching could be a rewarding career choice. With a more flexible schedule, you may have opportunity to teach, write and maintain a small practice as well. To jump-start this career, interview with various law schools at the annual recruiting conference of the Association of American Law Schools (AALS).

CAREER COUNSELING & RECRUITING
If you like to work with people and derive special satisfaction in helping them realize their professional goals, legal career counseling and recruiting could prove to be right for you. Plenty of opportunities exist in law schools, recruiting firms and bar associations. Or, if you are bold and have a well-established network, you may want to go solo.

NONPROFIT SECTOR
Nonprofit organizations are rich with opportunities to use your J.D. and serve the greater good. Consider the various bar and legal professional associations, such as the American Bar Association (ABA). Perhaps, you’d like to be staff attorney for the ABA’s Center on Children and the Law or its Commission on Nonviolence, or maybe a Project Coordinator for the Office of Public Sector Lawyers. Career opportunities are as varied as the ABA’s numerous Centers, Sections, Divisions, etc.

Of course, there a countless other nonprofit organizations, associations and foundations who need staff attorneys to provide counsel, oversee certain affairs, lobby for their cause or litigate. What causes or special interests stir your soul? Perhaps, that is where you will find the greatest career satisfaction.

IN-HOUSE COUNSEL
The world of business offers similar career opportunities. You can opt to be a part of a large team of attorneys at a corporation like General Motors or Microsoft, where you can lend your expertise in antitrust, intellectual property or any number of specialties. Or, you may prefer to be the sole attorney or part of a small in-house department where you can be a vital resource to the business management team. It’s challenging work that typically involves you in a variety of issues and areas of law — from corporate to real estate law, from immigration to employment law and everything in between.

BUSINESS & INDUSTRY
However, don’t think career opportunities in business are limited to the legal department. There are countless ways you could use your J.D., particularly with companies that sell their products and services to the legal profession. For example, look at some of the opportunities LexisNexis provides to those with a J.D.

•        Publishing Analytical ability, writing skills and knowledge of the practice of law are critical to the legal publishing segment of LexisNexis. There is huge demand for legal editors to create case law summaries, edit court and administrative materials for citation purposes and resolve complex legal questions. In fact, such opportunities exist throughout our entire publishing family, including Shepard’s®, Mealey’s, Michie™, Matthew Bender as well as LexisNexis itself.

•        Product & Marketing Management A company that serves the legal profession needs people who are knowledgeable about the law and all aspects of its practice in order to develop products and services that meet user needs and expectations. At LexisNexis, such skills are particularly vital as we seek to provide increasingly specialized research and information management tools for specific practice areas.

•        Training & Application Consultants Your knowledge of the law and its practice can also be put to good use as a Training Consultant who acquaints new users — students, paralegals, attorneys and others — with the power and application of LexisNexis services. Likewise, we employ hundreds of Application Consultants who not only work one-on-one work with legal professionals, showing them how to use information tools to their day-to-day work, but also conduct practice area workshops.

•        Customer Service Representatives Your J.D. and law firm experience are equally valuable to us as Customer Service Representatives. When legal professionals phone into our 800-number for assistance, knowledgeable LexisNexis representatives use their education and experience to respond to their inquiries.

TAKE CHARGE OF YOUR CAREER
As you can see, career opportunities abound for people with your credentials. If you are not satisfied with your current niche, take charge of your career. Identify your passions and build your career around them.

HELPFUL RESOURCES
A number of legal websites feature career centers where you’ll find career profiles, actual job listings, directories as well as advice on career planning and launching a successful job search. Here are a few resources to get you started:

American Bar Association
http://www.abanet.org/careercounsel/home.html

Martindale-Hubbell
http://www.martindale.com/xp/Martindale/Legal_Careers/careers_intro.xml

LexisNexis
http://www.lexisnexis.com/employment/career/legal.shtml

Law.com
http://www.law.com/career_center/index.html
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  * A Step by Step Guide to Law firm Success

A Step by Step Guide to Law firm Success: Rise Up
By Dimitra Kessenides

From first-year associate to managing partner, a level-by-level guide to law firm success.
The top of anything exerts a powerful tug on the human imagination. Take Mount Everest. Why else would flocks of mountaineers, Sherpas, and bored, middle-aged American millionaires risk their lives every year to scale the thing?

Because they dream of standing on top. The same holds true for law firms. At one point or another, every attorney worth his Montblanc pen pictures himself in the managing partner's office. Sociologists have studied this phenomenon. We're sure their findings are fascinating. (Whatever.) What we offer here is something much more practical: a step-by-step guide to law firm success. Will this information guarantee your safe passage to the summit? Of course not. As on Everest, freak storms, bottlenecks at critical junctures, and the sheer endurance required to complete the journey can stymie even the strongest climber. That said, the tips our experts offer are time-tested tools for advancement. Learn them, live by them. See you on top.

FIRST-YEAR ASSOCIATE
Be nice
''Success at a law firm is about human relationships,'' says Peter Sloan, a career development partner at Kansas City's Blackwell Sanders. Every time you meet someone new—a partner, another first-year, your secretary—smile. Introduce yourself. Take the time to ask the person a bit about herself. Be the kind of person people like to work with, says Sloan. ''You'll lay the groundwork for the relationships you'll need to get ahead.''

Drop the attitude
You were a superstar in law school. Neat. Now forget about that: You're back at the bottom of the totem pole. There's nothing wrong with being confident, ''but stow the attitude,'' says Sloan. ''You got the job for the same reason that everybody else did. Everyone here is hardworking and smart.'' The best way to convey a good attitude: Take on assignments eagerly and complete each one as if it's the most important piece of work in the world.

Work, work, work
The New Economy was supposed to rid the world of old-fashioned concepts like hard work. Look what happened to the New Economy. The fact is, law firms have always valued, and will always value, sheer unadulterated toil. Be the first one in the office and the last one to leave—or something close to it. And when you're in the office, be accessible, says Lily Fu Swenson, a senior associate in the Washington, D.C., office of Mayer, Brown, Rowe & Maw. ''If you're a meticulous e-mail and voice-mail checker, and you return messages promptly, it enhances the perception that you're serious.''

Obey thy partner
Like it or not, being a rookie associate is a lot like being in the army: You take orders from superiors, and your success is measured by how well you execute them. Listen to what a partner asks you to do, then do it. When you join a firm, ''you're not working solo anymore,'' says James Sandman, managing partner at D.C.'s Arnold & Porter. ''You're part of a team.'' Understand your role—and execute it.

Think ''client-ready''
A common mistake among first-years is to turn in work that's ''good enough'' because a partner will ''just tell you to change it anyway.'' Bad idea, says Gregg LoCascio, a partner in the D.C. office of Kirkland & Ellis. Instead, LoCascio says, adopt this standard: Could a partner hand this work to the client as is? At the very least, your research should be thorough, your logic precise, your writing clear and concise, and your documents 100 percent error-free. ''Just because its initial audience is another person at the firm,'' says LoCascio, ''doesn't mean the same standards don't apply.''

Communicate
Naturally, it's best if you can tackle every assignment with as little disruption to a partner as possible. ''But don't be afraid to speak up and ask questions,'' says Kathryn Kling, a senior associate in the D.C. office of Atlanta-based Alston & Bird. ''Don't sweep a problem under the rug; it will only resurface as a bigger problem.'' If you do make a mistake, own up to it quickly. Nobody's perfect, and there's a considerable tolerance for errors in an associate's early years, says Kling. ''Your supervisors will appreciate your honesty, they'll trust you more, and they'll be more likely to give you work again.'' The same goes for deadlines. If you have to miss one, tell a partner right away. ''Think ahead, and let me know,'' says Hal Shapiro, a partner with D.C.'s Miller & Chevalier. ''Otherwise, you're not giving me a chance to make adjustments—and then I'm stuck.'' A better plan: Don't miss deadlines.

Pace yourself
A lot of first-years put tremendous pressure on themselves, says Swenson. They want to take on every assignment, beat every deadline, impress every partner ... But that's a recipe for burnout, she says. Her recommendation? Push yourself, but don't drive yourself nuts. ''At least meet your minimum billables, maybe even exceed them, but focus mainly on doing great work. When you're considered for partner, no one will remember exactly what your hours were in years one to three. What will stick is the quality of work you did and how you handled it.''

MID-LEVEL ASSOCIATE

Know everything
Now that you've got your feet on the ground, says Tara Gregus, director of professional development at Chicago's Vedder, Price, Kaufman & Kammholz, get up to speed on everything you can, from major business decisions to key personnel moves to the firm's high-profile cases. Also meet as many people as you can, from the managing partner to the junior mailroom assistant. All in all, learn as much as possible about how things get done, who does what, and where you fit in, says Gregus. ''Knowing how to navigate the bureaucracy of a large firm is invaluable because it can save you time—and time is key.''

Find your niche
Specialization is critical to success in Big Law. Read the journals that cover your practice area. Join relevant professional organizations. Attend pertinent conventions, seminars, and lectures. Start to develop a niche within your niche (if you're an intellectual property litigator, consider something like Internet liability counseling, for example). ''This will help you zero in on what your strengths and preferences are,'' says Mayer, Brown's Swenson. ''You'll be more knowledgeable, and your work will be more satisfying.'' You'll also enhance your value to the firm. Once you develop an area of expertise, says Swenson, partners will begin to seek you out when they have work in that area. And you want partners to seek you out.

Take initiative
Say you've done all the research on a client question, and you've become relatively expert about the matter at hand. Ask your partner if you can make the call to the client to deliver the answer. The same logic applies to depositions. Watched 20? Ask to take the 21st. ''An associate is going to rise higher, get more responsibility, and do more faster if she's always got her eye on higher-level skills,'' says Arnold & Porter's Sandman.

Seek a mentor
It's not enough to push yourself up the law firm ladder. You need someone to help pull you up. ''You can raise sensitive issues with a mentor, seek her help on a specific project, or ask her about how to avoid common pitfalls,'' says Orrick, Herrington & Sutcliffe partner Neel Chatterjee.
If a mentor isn't assigned to you, identify a lawyer whose career you want to emulate, then tell her youÕre interested in her work and that you'd like to work for her. Offer to volunteer if necessary. Even if a mentor is formally assigned by the firm, ''that should be a starting point, not an ending point,'' says Chatterjee. ''Ultimately, you want to gravitate to people you admire and trust—people who see the world the same way you do.''

Offer solutions
''Nobody wants to be presented with open-ended problems,'' says Swenson. If you hit a snag on an assignment, don't immediately run to the partner and say, ''I have a problem. What should I do?'' Think it through, discuss it with another lawyer on the case, and devise some possible solutions. Then go to the partner and say, ''I came up against this problem, and here are some options for how we can handle it.'' Bonus: Solve problems that go beyond the assignment. Say you've been asked to research a mergers question, but you realize there are tax matters involved too. Say: ''Besides the issues we've discussed, my research suggests we may also come up against X. Would you like me to send you a memo on that?''

Go pro bono
Taking on a pro bono case is its own reward: You'll be helping others who probably couldn't otherwise afford your help. But lawyering for free also has a careerist payoff: ''It's a great way to have your own clients and to interact with attorneys in the firm with whom you might not normally interact,'' says Daniel Gryczman, an associate in the Los Angeles office of Manatt, Phelps & Phillips. Better still, says Gryczman, it shows you can manage a project on your own.

Get involved
Volunteer to help with recruiting. Offer to make a presentation to the summer associate class. Join the holiday party planning committee. ''From the day you walk in, treat the place as if you're an owner,'' says Chatterjee. ''Getting involved will cement your commitment to the firm and the firm's commitment to you. That feeling of reciprocal commitment is critical to your long-term success.''

SENIOR ASSOCIATE

Up your profile
By now, you have a fair amount of expertise in your practice area. Look for opportunities to demonstrate this to partners, says Deborah Broyles, a labor partner in the San Francisco office of Thelen Reid & Priest. Send a memo spelling out, say, what you've learned about the new compliance issues that have arisen in the wake of the Enron matter and proposing ways to apply your newfound knowledge to existing cases. Show off what you know outside the firm, too, Broyles says. Write journal articles or op-ed pieces in the popular or trade press. Speak at legal conventions or at gatherings of relevant business people. The goal: When people hear your name, they should think ''labor and employment guru.''

Court the client
Go the extra mile for the client at every turn. Give them what they've asked for, give them more, and then ask if they'd like more still. You want to be the person who does such consistently outstanding work that the client feels compelled to mention it to a partner, says Broyles. You don't have to become best friends with the CEO, but get to know the staff attorneys or other key players at your level. Invite them to lunch. Take them to a ball game. With any luck, they'll speak favorably about you to their boss. Who knows? One day, they may be the boss.

Court new clients
As a senior associate, you won't be expected to make it rain, ''but it pays to demonstrate that you have the drive, the skills, and the interest in doing this early on,'' says Vedder's Tara Gregus. Volunteer to do research about a potential client, or ask a partner if you can sit in on a meeting where lawyers are developing pitches. Also, think: Do you know anyone who's an in-house attorney somewhere—a friend from law school, a college roommate, a neighbor from your hometown—whose company might benefit from your firm's services? If so, don't be shy. Ask him if he'd be interested in talking with your firm. If the firm structure allows it, go ahead and work with the person yourself. If his needs fall outside of your area, put him in touch with an appropriate colleague. Either way, remain a point person on the
project if you can.

Take charge
Now that you're leading projects, you'll have to start making decisions about strategy, staffing, deadlines, and more. ''Most senior associates can handle their own problems and come up with their own solutions just fine,'' says Anne Castle, head of the management committee at Denver's Holland & Hart. What they're not used to, she says, is managing others. Make it a point to focus on the people who report to you, says Castle. Make time in your schedule to chat with them. Ask them how they're doing. Tell them what you think of their work. ''As a partner, much of what you'll do is manage,'' says Castle. Start to hone the skills now.

Act like a partner
At some point, stop thinking of yourself as a senior associate and start thinking of yourself as a junior partner. ''You want to become known as a person who can take problems off a partner's desk and solve them so that she doesn't have to,'' says Castle. Try this complex approach: ''What can I take off your desk?'' Then do the job as well as—or better than—the partner would have done it herself. Another way to assure you'll make partner, says Castle: Make it a ''historic inevitability. You just act like a partner, so it's like, 'Of course.' ''

Shore up weaknesses
Making partner is a Darwinian struggle, and only the strong survive. ''One problem many associates have is that they don't take responsibility for their own career development,'' says Arnold & Porter's James Sandman. One solution: Take a good, hard look at yourself, and identify any vulnerabilities now. You haven't worked on enough high-profile cases? Get on one—fast. Your performance reviews have pointed to weak managerial skills? Tell a partner you'd like to volunteer for training in that area. ''The associates who perform best are ones who take responsibility and don't simply implement what they're asked by others to do,'' says Sandman. The end result, he says, is an associate who's a better lawyer, and one who's demonstrated a commitment to clients and the firm.

PARTNER
Care
Okay, you're officially an owner. What does that mean? It means ''you now have to care about absolutely everything,'' says Blackwell's Peter Sloan. ''You have to care about others, about the client, about the reputation of the firm, about business development—and about anything else central to the firm's success. Take a team-oriented view of your responsibilities. At every turn, ask yourself: What can I do in this situation to improve the fortunes of the firm? On all projects, demand excellence of yourself and others. ''That,'' says Sloan, ''is the mind-set of an owner.''

Be a business partner
Your job is no longer just to handle individual legal problems. Your job is to be a full partner in your client's business, says Pinney Allen, chair of the partners' committee at Alston & Bird. Get to know the client's business from every perspective. What are the company's strategic goals? How does it plan to achieve those ends? What legal work might it need along the way?

Be proactive. Identify business opportunities for the client and then help the client exploit them. In the process, draw on all of the firm's resources. Think the client might benefit from a merger? Introduce the key contacts to someone in your M&A group. ''The idea,'' says Allen, ''is to develop relationships for the benefit of the whole firm.''

Make it rain
All of those things we just mentioned? Use them to generate business for the firm (most new work comes from existing clients). All the positive client relationships in the world don't mean much unless, at some point, you translate those relationships into billings. It doesn't hurt, of course, to bring in new clients as well. However you manage to do it, ''build a book of business,'' says Orrick's Neel Chatterjee. ''It's one of the most important things you can do.''

Play smart politics
Like it or not, there are politics in any organization, and law firms are no exception. To get ahead, you'll need allies—powerful ones. This doesn't mean you should kiss up to the managing partner (besides being icky, brownnosing doesn't work).

''It means you should recognize that anyone in the firm can be important to your career,'' says Allen. Always bring your A-game to every project you work on—whether you're working on the firm's biggest case or its smallest. Be professional and courteous to everyone you work with. Avoid the temptation to get ahead by cutting corners or stabbing others in the back (such behavior will only come back to haunt you). In other words, work hard, play by the rules, and be a mensch. That's how you build lasting relationships, says Allen. ''And that's how you gain personal and professional support.''

Lead
Sure, you've taken a few recruits to lunch and you've joined the firm's softball team. Now up the ante and start developing a profile as a true firm leader, says Daniel Schlessinger, managing partner of Chicago's Lord, Bissell & Brook. Chair a high-profile committee such as the legal personnel committee. Spearhead a research project (say, ''Changes in Federal Accounting Regulations'') that could help multiple lawyers at the firm. Lead a task force on compensation policies or other firm management issues. The key is to demonstrate that you can effectively lead a major project that affects large numbers of people. Says Schlessinger, ''That's how you earn a reputation as a leader.''

Power network
You're a big-time corporate executive now. Seek exposure and contacts commensurate with that position, says Joseph Altonji, a legal management consultant to major law firms for the Chicago office of Hildebrandt International. Join philanthropic groups, community organizations, or cultural foundations. Write books that address legal or social issues. If you can swing it, appear on television as a commentator on Supreme Court decisions or high-profile trials. Taking such steps will up your status, in and out of the firm. ''There's also a reflective glow for the firm from these kinds of things,'' says Altonji. ''The image that a partner can project is that this is a place where quality people want to be.'' You'll also meet other high-level executives—contacts that can only help your career.

PRACTICE-GROUP HEAD

Multitask
As a partner, you had to be deeply involved in a relatively narrow set of problems. That will continue, but as a group head, you'll also have to juggle dozens of other matters. ''The responsibilities are additive,'' says Warren Gorrell, chairman of Washington, D.C.'s Hogan & Hartson. In addition to handling your existing clients, for example, you'll meet regularly with the managing partner and the executive committee. To balance your priorities effectively, you have to broaden your focus, says Gorrell. Schedule time regularly for everyone who needs your attention. Listen and communicate—but then make a decision. With so many people reporting to you, says Gorrell, you have to be decisive, or work will bog down.

Delegate wisely
In order to handle your new responsibilities, you must hand off more of the day-to-day work on client matters. ''You're the general, and you're deploying troops and resources,'' says Blackwell's Peter Sloan. But there's a right way and a wrong way to delegate. Remember that the client still demands A-plus work, and he's apt to be wary of change. Think carefully about choosing the right person for each job: Do her skills match the client's needs? Will their personalities mesh? Make sure the client has confidence in the person you've chosen: Share some of her accomplishments as evidence of her ability. Personally attend a few ''handoff'' meetings to ease the transition. Finally, says Sloan, let the client know that you're still available—anytime—if problems come up.

Grow your group
Think building a practice was difficult? Now you've got to grow a whole group. Step one is to assess the group's business situation, says Gorrell. What are the major growth opportunities in your practice areas? What are your competitor's positions? Who are your star attorneys? Who's not cutting it? ''You have to be very straightforward in understanding the strengths and the weaknesses of individual lawyers in the group, as well as in the client base you have and the market for your practice group,'' says Gorrell. Step two is to develop a strategy. What growth opportunities is your group best positioned to exploit, and how should you exploit them? Should you focus on growth from within, or should you look to lure a star partner and his group from another firm? Whatever you do, focus on a long-range plan. ''It's easier to have greater confidence in what's happening short range,'' says Gorrell, ''but ideally you have to look at a three-to-five-year range.''

Manage by consensus
As a group head, you might be tempted to say, ''I'm the boss, I decide.'' But remember, you're part of a collective group of professionals who are all equal to each other—that's what a partnership is. A dictatorial approach, says Holland's Anne Castle, will only alienate people, possibly damage your career, and prevent you from accomplishing your goals. On any major decision, says Castle, take the time to get buy-in from the other partners in your group (and if necessary, from the managing partner and the executive committee)—even if that means moving more slowly than you had hoped to move. Articulate your plan, explain your rationale, and solicit feedback before plowing ahead. The support you build on the front end, says Castle, will translate into cooperation—and results—on the back end.

Develop a following
Like a politician hoping to become president, a practice-group head aiming to become managing partner must build a constituency. You don't do this overnight. You do this by consistently demonstrating positive leadership. Get out among your partners and do just that. Meet with the heads of other practice groups or important firm committees. Take key lawyers to lunch or dinner. Spell out your vision of the firm and how you'd go about implementing that strategy. Explain the thinking behind your ideas, especially if they involve change. What you're trying to do, says Hildebrandt's Joseph Altonji, is convince as many people as possible that you can lead the firm effectively. Finally, tell people how you see them fitting into your plan. It never hurts if they know there's something in the deal for them.

MANAGING PARTNER

Mind your image
Congratulations, you've reached the summit. You're swimming in money, power, and prestige. But along with those rewards come major challenges. For one, everything you do will be scrutinized, says Hogan & Hartson's Gorrell. Lawyers from other firms will watch you, seeking to determine your business strategy. People inside the firm will look to you for cues on everything from how to grow their business to how to treat others. They may even monitor your mood. If you seem angry or upset, they may infer that there are problems at the firm. If you appear pleasant and upbeat, they'll be more likely to assume the firm is doing well. The bottom line? ''You're the firm's spokesperson,'' says Gorrell. ''Be cognizant that you set an example.''

Grow the firm
Think growing a group was tough? Now you've got to grow the whole damn firm. Essentially, you'll do the same things you did to expand your group—assess the legal marketplace and the firm's place in it, identify growth opportunities, and develop a long-term strategy—sonly now you'll be looking at even more macro things, says Hildebrandt's Altonji. Is sheer size increasingly important? Maybe you should consider a merger. Is globalization the Next Big Thing? Perhaps you need offices in Brussels and Beijing. Biotech is an explosive growth area? You might consider expanding your IP practice. Says Altonji: ''It's all about defining a market position, then figuring out what itÕs going to take to get there.'' Just as you've done at other levels, seek input and build consensus to garner widespread support for your plan.

Sell your vision
When a new leader comes on board, ''people want to know in what direction she plans to take the firm and what role they'll play,'' says Altonji. If you don't articulate a vision—new or old—people will assume you have none. After you've settled on a strategy, make sure it's clearly understood. Hold meetings throughout the firm to talk about your plan. Explain the rationale behind it. Let people know what you expect of them. ''A managing partner can't articulate his goals often enough,'' Altonji says. ''If you don't tell people what you want to accomplish, how can you possibly expect to accomplish it?''

Give it to 'em straight
It would be nice if only good things happened on your watch, but the truth is, bad things will happen, too. Cases will be lost. Scandals will erupt. People will have to be let go. No one likes to deliver bad news, but it's imperative that you, as the top dog, handle sticky situations openly and directly. ''It's critically important for anyone in a leadership position to be straightforward and honest,'' says Alston & Bird's Pinney Allen. If you try to deceive people, she says, your authority will be undermined. But if you tell the truth—especially when it's a painful truth—you'll gain lasting trust and respect.

Super-schmooze
In at least one way, your job as managing partner is the same as it was when you were a first-year: Please the client. Only now you've got to please dozen of clients—in big ways. Fly out to visit a client ''just to see how things are going,'' says Allen. Offer her your Yankees playoff tickets or your opening-night seats at the Met. Invite her to your firm's annual black-tie dinner. Host her and her husband for dinner at your home.'' For one, you'll get to hear firsthand what the client thinks of your firm. And no matter who a client is, says Allen, ''he's always impressed when the head of the firm makes time for him.''

Choose an heir
You won't be managing partner forever, and one of the best things you can do to cap off your tenure is to identify a strong successor, says Altonji. During your term, identify a handful of candidates, and then begin to groom them for the job. Assign them to lead key groups or committees. Introduce them to important clients. Help them polish any skills they may still be lacking. Share with them your understanding of what it takes to run the firm. When the time comes for you to leave, there'll be a well-qualified pool for the partnership to choose from. By helping to orchestrate a smooth transition, you'll ensure the ongoing success and stability of the firm—a classy final act. Let's see the next guy top that.
This article originally appeared in the Nov./Dec, 2002 issue of JUNGLE Law.
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  * Six tips that produce better legal writing

Writing A Brief The George Orwell Way

Writing A Brief The George Orwell Way
Six tips that produce better legal writing

by Wayne Schiess, Compliments of lexisONEsm
George Orwell gave me the best legal-writing advice I ever got.

The advice did not come from ''Animal Farm'' or ''1984.'' Rather, in 1946, in a book called ''Shooting an Elephant and Other Essays,'' Orwell spelled out Six Rules for Writing. I love these rules; they're great for beginning lawyers. But I think they make great brief-writing advice, too. Here they are:

1.        Never use the passive where you can use the active.
2.        If it is possible to cut the word out, always cut it out.
3.        Never use a long word where a short one will do.
4.        Never use a foreign word, scientific word, or jargon word when you can think of an
everyday English equivalent.
5.        Never use a metaphor, simile, or figure of speech that you are used to seeing in print.
6.        Break any of these rules sooner than say anything outright barbarous.

Rule 1. Never use the passive where you can use the active

You can see that attacks on the passive sentence have been around for a long time. Are you tired of hearing this by now? I am. But I'm even more tired of reading briefs full of passive sentences. I mean that literally. Reading anything full of passive sentences tends to induce sleepiness. The reader grows tired and can't understand why. It's the passive voice.

Let's be sure we understand what the passive voice is. It is a past-tense verb with a form of be (be, am, is, are, was, were, being, and been). So this sentence is passive:

•        The doctrines of forum non conveniens and proper venue have been applied incorrectly for so long that no trial court can straighten them out.
The words been applied (a form of be and a past tense verb) signal the passive voice.

Is there anything wrong with that passive sentence? Probably not. The practical effect is that we do not know who did the applying. But perhaps the writer does not want to emphasize who did the applying but instead is trying to emphasize the incorrect application. Or perhaps those who did the applying are too numerous to name. Both those reasons might justify using the passive voice.

But usually you do not want to draw attention away from the actor or subject. So you should use the active voice:

•        The Fourth Circuit has applied the doctrines of forum non conveniens and proper venue incorrectly for so long that no trial court can straighten them out.
The active construction places the emphasis on the actor - the subject of the sentence. That is the standard for readable English sentences: place the emphasis on the actor. So now we can highlight the proper, and limited, use of the passive.

First, use the active and avoid the passive when you want to emphasize the actor, usually the subject. That is what you usually want to do in a brief written in non-drowsy formula. Second, when you've made a conscious decision to de-emphasize the actor in the sentence, you can use the passive.

Rule 2. If it is possible to cut the word out, always cut it out

I like this rule for two reasons. First, I like anything that shortens the brief. I think judges, staff attorneys, briefing attorneys, and clerks like shorter briefs, too. So shorten your brief by cutting ''throat-clearing phrases'' like it is important to note that and it appears to be the case that. Plus, cut single words. For example, Orwell's rule could be shortened without changing the meaning, couldn't it?

•        If it is possible to cut the word, always cut the word.
As you can see, following this rule will require a careful read-through of the brief, analyzing every word and its necessity.

Second, I like the use of the word always. No exceptions. If you're going to go for plain, clear writing, without excesses, you have to be consistent. You need to do it in every brief, every time. If you do, you'll become a better writer sooner.

Rule 3. Never use a long word (or phrase) where a short one will do.

You've heard this advice, too, I assume, though I have modified Orwell's rule slightly. I believe a short word or phrase - if it accomplishes the same thing - is better than a longer one. Sometimes when I preach this principle, I receive criticism for trying to dumb-down lawyers' writing. But I remain convinced that it is harder to write using short, direct words and phrases than it is to use long, complicated ones. Former Federal Trade Commission Chairman Michael Pertschuk agrees:

''Too many educated people still believe, subconsciously perhaps, that a simple sentence betrays a simple mind. In truth, of course, writing Plain English is devilishly hard work ... worthy of the best efforts of our most dedicated and intelligent citizens.''

So I press on, reminding myself to constantly choose the short over the long, the diminutive in lieu of the lengthy. You can too, by starting with these:

        Instead of: - - - - Use:
prior to - - - -:before

pursuant to - - - -:under

subsequent to - - - -:after

utilize - - - -:use

be in violation of - - - -:violate

make an agreement - - - -:agree

make a payment - - - -:pay

file a motion - - - -:move

make an argument - - - -:argue

bring an action - - - -:sue

reach a settlement - - - -:settle

There are many others. Scan your briefs mercilessly for words and phrases that can be shortened. Soon it will become second nature. Your briefs will be tighter, smoother, and easier to read.

Rule 4. Never use a Latin word, legal word, or jargon word when you can think of an everyday English equivalent

I have altered Orwell's rule here just a bit. But as altered, it is ideal advice for brief writers. Write and a level that is easy to understand. Ask yourself: Could your client understand the brief? I hope so. Judges think so, too. A Wisconsin supreme court justice once said: ''A lawyer should write the brief at a level a 12th grader could understand.''

So stop using pompous words, jargon words, or unnecessarily formal words because you believe they are part of the profession or are terms of art. If your case involves ''res judicata,'' you have to use it. But you don't ever have to use ''the case sub judice.''

To take this idea further, let me suggest something a bit outlandish. I have made this principle into a personal challenge. Whenever I see a long, formal, archaic, pompous, or lawyers-only word, I ask myself if I can banish that word from my vocabulary. Then I never use that word again. (It's surprisingly fun.) For example, I banished ''pursuant to'' from my vocabulary in 1990 and have never looked back. I banished ''herein'' in 1994. Try it. Here's a list to start with:

Banish: _ _ _ _ Use:
inter alia _ _ _ _:among others

the instant case _ _ _ _:this case, our case, the Jones case, here

the case sub judice _ _ _ _:this case, our case, the Jones case, here

the case at bar _ _ _ _:this case, our case, the Jones case, here

said (used as an adjective) _ _ _ _:this, the, that

herein, therein, hereinafter, thereafter, hereinbelow, etc._ _ _ _:this case, this brief, that brief, etc.

For each of these there is an everyday English word that is shorter and clearer and less pompous. Use it.

Rule 5. Never use a metaphor, simile, or figure of speech that you are used to seeing in print

I recently read a brief about a cellular-phone tower. The petitioner had originally tried to prevent the tower from being built near her home. That failed and she was now trying to have it taken down. One of the point headings in the brief said: ''What Goes Up Must Come Down.''

I immediately thought of this rule. Of all the ways to phrase the idea that the tower was already up but you want it down, why choose that one? That is an old and well worn phrase. Trite. I think that's what Orwell's rule is saying. Don't be trite. Don't use cliche's.

So if you've heard or seen the phrase a lot, think of new way to express the idea. I do not mean only common sayings like ''what goes up . . .'' I'm also talking about ready-made, common phrases that have become over-used:

•        the defendant made a last ditch effort
•        the plaintiff's claim is without merit
•        the law is well settled that
•        On balance, the court's opinion is sound
•        the bottom line is that the appellant lied
•        in terms of a remedy, that solution is harmful

There are many more. Some of these may strike you as harmless, but you can almost always find a fresher, better way of saying it. That will require more effort from you, but the result will be a livelier, more inviting brief.
Rule 6. Break any of these rules sooner than say anything outright barbarous

Brief writers should avoid personal attacks. Don't attack or directly criticize opposing counsel, the opposing client, the lower court, or other judges. You will come off sounding desperate or unprofessional. Avoid hyperbole and exaggeration, rudeness and sarcasm. These will mark you as inexperienced, immature, and petty.
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