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generations in workplace Jonathan Fitzgarrald and I were asked to contribute our thoughts on the generations at work for the Greater Chicago Chapter of the Association of Legal Administrator’s magazine. While our initial research and conversations in regards to the generational divide in law firms dealt with lawyers and their clients, our focus in this turns internal in regards to how law firms manage the different generations, recruit and retail lawyers, AND continue to build vibrant practices.

For the first time in history, there are four generations in the workforce—Silent, Boomer, GenX and GenY. The different mentalities, preferences, and motivations among the generations has introduced some unchartered opportunities and challenges. According to a recent Altman Weil study entitled Law Firms in Transitions, “Effectively planning the retirement of Baby Boomer partners is critical and must be resolved in the next 3 to 5 years. The timing is not flexible, and, if unaddressed, the cost in lost revenue and client relationships could be devastating.” Savvy legal administrators who understand the different generational markers and who customize their responses accordingly will benefit from a harmonious and successful working environment. A lack of generational understanding results in internal strife, increased turnover and loss of business.

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Thanks to the folks at Spark Media Solutions for doing a great round of post-session interviews after our presentation, Generational Marketing: Strategies and tactics for engagement with Boomers, Gen Xers and Millennials.They really picked up on the main themes of our session, and provides a great recap of our session.

Jonathan Fitzgarrald and I appreciate the feedback we received, and look forward to presenting next week in Orlando at the Legal Marketing Association’s annual conference.

Last month came the news that another law firm is closing its doors. This time north of the 49th parallel.

One of Canada’s largest firms seemingly collapsed overnight. But, like most law firm failures, the collapse was a long time coming.

Canada’s online legal magazine, SLAW, sums it up well in this post, Requiem for Heenan Blakie:

Heenan Blaikie died from a combination of greed, poor management and failed leadership wrapped together in an antiquated business structure ill-suited to “more for less” client demands in a marketplace gradually filling with non-traditional competitors.

As I have said repeatedly, the Canadian legal profession is now entering the most disruptive period of time in its history. It has never faced such strong client demands for value and efficiency. It has never faced competition from non-traditional legal providers.

These are structural changes that never go away; they amplify.

And all of this in an environment of flat legal services demand, over capacity and legal tech entrepreneurs!

Layer in partners who are more loyal to themselves than to the firm and one can see that Heenan Blaikie (like every other law firm in Canada) was a house built on sand, not bedrock.

I fear that many of us can insert “name of American law firm” in place of Heenan Blaikie and tell the same story.

Yes, we’re chatting about this in my circles. What does this mean? Why? What will it take to change law firm culture and business models?

Some argue for the ability of non-lawyers to co-own law firms, thereby giving more control of the actual business function to the true professional business people.

Some argue we need true business development and sales people. Lawyers are not necessarily cut out for this.

Some argue that the services themselves need to be repackaged and sold (think AFAs).

Some argue that the growth through lateral hiring binge is unsustainable and a leading cause of law firm failure.

It’s the compensation plans. No, it’s the commoditization of legal services.

And then there are those lawyers who just want things to go back to the way things were. Institutional clients. None of this business development crap.

There are no single right answers. And there are no single wrong ones here either. These are all contributing factors, leading to a perfect storm that will continue to result in the roller coaster of growth through acquisition, and big law failures, along with a lot of mid-sized failures as well.

I’d like to add another layer to the conversation of change and disruption in the legal industry: There is a generational shift taking place and very few people are talking about it, nor the impact it is having on our sales culture, nor our business culture.

Continue Reading Why the generational shift in leadership is impacting the legal industry

Where they Boomers got their name.

Generational marketing is a term that I picked up at the Chief Marketing Officer Institute earlier this year, and something Jonathan Fitzgarrald and I continue to toy with in terms of how this applies to legal marketing.

In short, generational marketing recognizes that the different generations make purchasing decisions in different ways from one another.

The different life phases we are in presently, coupled with our upbringing and societal norms, provide us with different perspective than those we follow, or those who follow us.

Roger Daltry is now 69. What happened to not trusting anyone over 30?

For example, I’m an earlier member of Generation X (born 1961 – 1981). I came of age during the Cold War.

I was raised by my Silent Generation parents (1925 – 1942), who came of age post-WWII. Only one of their five kids are a Baby Boomer (1943 – 1960). The rest of us are Gen-X.

And my parents were raised by their G.I. Generation parents (1901 – 1924), who grew up during, and were shaped by, the Great Depression.

One of the greatest challenges I face in the work place is working with the Millennial generation who were raised with technology at their fingertips (sometimes referred to as Gen Y; 1982 – 2000). The Baby Boomers really don’t get them at all.

Continue Reading Talking ’bout my generation

I hate to say “I called it first” (which I really didn’t, but I was close), but I’ve been talking about the “lost generation” of law students for quite some time. Who could look at all of these law firm layoffs and not reach the same conclusion?

From a May 19, 2009, post Looking for Inspiration in the Recession:

Yet more proof that the Class of ’09 is the Lost Generation.

Get ready, Class of ’09, more announcements like this to come. You may think you are just deferred, but you are really fired.

Boy, has that ever come true. Didn’t realize it would trickle down to the Class of 2010, and who can predict what will occur for those 1Ls.

Today, the ABA Journal seems to be getting the message in their post, A ‘Lost Year’ for 2Ls: About Half of BigLaw Jobs Are Gone

The timing couldn’t be worse for second-year law students.

Large law firms are hiring about half as many summer associates as usual, resulting in “the most wrenching job search season in over 50 years,” the New York Times reports. For many second-year law students, the “golden ticket” to a high-paying career at a big firm is slipping away.

Now these students are scrambling for other jobs at smaller firms, in government and in public-interest organizations.

Students who took out large loans to go to top-tier schools assumed they could pay off their debt with high-paying law firm jobs. But this year is different, says Irene Dorzback, the assistant dean for career services at New York University law school.

“People are now accepting this notion of a lost year,” she told the Times.

But, we’re not about the problem here at The Legal Watercooler. We like going Pollyanna on you, and we are always happy to support those who are part of the solution.

Today, The New York City Bar and City Bar Justice Center announced their Deferred Associate Law Extern Support Project, and we wish them the best of luck!

The New York City Bar and City Bar Justice Center are pleased to announce the launch of the Deferred Associate Law Extern Support Project. The Project was created in response to the growing pool of law school graduates who have been deferred for up to a year from private law firms and have chosen to work in public interest law in New York City. The Project is also open to law firm associates who have accepted year-long voluntary deferral offers from their firms.

The main goal of the project is to provide a series of training sessions that will help the law firm externs get up to speed on the hard and soft skills needed to succeed at their externships and when they return to law firms. A secondary goal of the Project is to bring the externs together with their peers to discuss their experiences in a supportive environment and to meet leaders in the legal profession who support pro bono efforts.

Lawyers, by nature, are risk averse. They lack resilience. Don’t take my word for it, Dr. Larry Richard has done the research. So it comes to no surprise that lawyers and law firms have been unnervingly silent regarding the administration’s recent actions against lawyers, law firms, the First Amendment, as well as the rule of law.

I was very heartened to see the American Bar Association (ABA) take a public stance yesterday in their statement, The ABA rejects efforts to undermine the courts and the legal profession. I know most people won’t click through to read their statement, so I will post the full text at the end of this post. But first, I need to explain why I stand with the ABA and why I have signed onto a petition asking the Legal Marketing Association (LMA), where I had the pleasure of serving on its International Board of Directors, twice, to also speak up boldly and loudly in support of rule of law.

Why I stand with the ABA

My family fled Eastern Europe during the Pogroms. If you’ve seen Fiddler on the Roof, that was loosely based on the Kishinev Pogrom that my great-grandparents and their children survived (my grandfather was born soon after), and what drove them to America. I only know this because of researching my family’s ancestry. Silent generation and all.

Continue Reading What’s stopping you from standing up for the rule of law?

Wow. How the hell did we wake up to this reality? Coronavirus? COVID-19? You can call it what you want, but I’m sitting here vacillating between “I should have taken the blue pill” and putting on my Sheriff Rick Grimes hat and getting ready to kick some ass.

We finally know what happened to Rick on Walking Dead

So how are you doing? Personally, I feel like I’m just snapping into my new reality.

For the past two weeks I’ve been so focused on moving my office home and pivoting everything we were doing to meet the needs of our attorneys and firm clients; stocking up on what we needed to stock up on; getting one kid home from her study abroad program in Paris (where she had been to Milan the week before the crisis broke out there), and bringing the other kid in from California (because when shit like this happens, don’t we all want our moms?); helping my siblings as we make sure our parents are set up and stop going out (guess where I get the stubborn from??), that I haven’t really internalized what was happening.

My new reality is sinking in, finally

Continue Reading How are you? Is there anything I can do to help?

I know, I know, I know. It’s January 2020 and I blogged exactly seven (that’s 7) times last year. WTH??

It boils down to two things:

1. I’ve been really busy. 

I started a new job which required a move from Los Angeles to New Orleans. It was my first move in more than 20 years, and wow, that threw me. I’m really good at transitions and multi-task organization, but this one really got me and I actually started to doubt myself, but I knew better than to listen to “that” voice and I pushed through it. That first month I really wondered if it would all settle down or if this would be my new normal. It took a couple months, but it finally did settle down, just in time to buy a house, pack up all the stuff we had unpacked (Sports Dude says he got a head start by not unpacking a dozen or so boxes that just sat around our rental for the 8 months we were there), and move to our new home.

One of the reasons we moved was to get out of the crazy of LA. The congestion. The pace of life. The “culture.” We bought this house to literally stop and enjoy the views. To recharge. To let go and be in the moment. We have yet to be disappointed. Photos above and below are from our back porch of a sunrise and sunset this week.

Image may contain: sky, tree, outdoor, nature and water
Davey House, 2020.#NoFilter. Photo credit: Eric S. Geller

2. I really didn’t have much to say. 

It kinda struck me this year more than other years, but we’re still talking about the same crap we were talking about 20+ years ago: Industry groups. Diversity. Attorneys not wanting to do business development. What to do about the service partners when their rainmakers retire. Succession planning. Client service. Billing rates. CRM.

Sure we’ve had some disruptions: generational shifts, AFAs, AI. But they all come back to the same themes. I keep thinking, “Ah, this is going to really change things,” but it rarely does. We just keep operating in a very small bubble because, well, lawyers.

This avoidance of changes (innovation) in our industry comes from the risk aversion of lawyers; decision are based on precedence, not looking forward. It’s amazing that all these years (decades) later the basic tenants of Dr. Larry Richards article Herding Cats: The Lawyer Personality Revealed still hold true: Lawyers remain more skeptical, less resilient, and more autonomous than the general population. Great for writing a legal brief, not so great when it comes to business innovations and practices.

While I have seen glimmers of change with the entrance of the Millennials into the law firm, on the whole, there has not been too much change, because how we cultivate and educate lawyers hasn’t changed much. Oh, wait, what’s that I’m reading and hearing? Law schools discussing getting rid of the LSAT? Law firms starting to change hiring practices and looking at non-traditional (tier 1) law schools? Oooh, is that the rise of the millennial leader (video) I’m seeing?? Hmmmm.

So what to do?

Continue Reading Seriously? 2020 already?

Earlier this week I started seeing some of my legal marketing friends and colleagues touting their firms’ certification as Mansfield 2.0 and I was so excited. If you don’t know what the Mansfield Rule is, you can read more here. I also blogged on it earlier this year,  Women, diversity, law firms, and why are we still having this conversation?

Nothing, and I mean NOTHING ever changes in the law firm ecosystem naturally. It is by force of the client, or peer pressure/competition that we begrudgingly push ourselves to do what should be done because it is not only the right thing to do, but the best thing for the business’ success.

Cross-selling, anyone??

Why the Mansfield Rule?

Mansfield RuleSimply put, the Mansfield Rule–based on the concept of the NFL’s Rooney Rule–requires that law firms consider at least 30% women, LGBTQ+ and minority lawyers for significant leadership roles (sadly, we can’t even go 50/50 here).

Easy-peasy, right?? Not really. Continue Reading What the h*** is the Mansfield Rule? And how do I get one??? Now!!!