As the US Supreme Court nears the end of this term, we have received decisions on many of the major cases it has heard recently. Here is a shortlist of the winners and losers in each.

1. Exxon Valdez Punitive Damages Slashed to $507 Million. Originally ordered to pay punitive damages of $2.5 billion for an oil spill in 1989, the Supreme Court has given Exxon the benefit of the doubt in a 5-3 decision.   Winners: Exxon Valdez. Losers: The Environment.

2. DC Gun Ban Tossed Out. A 32-year ban on handguns for individual civilians in DC was ruled unconstitutional and a direct violation of the second amendment right to bear arms. Winners: Gun Manufacturers, an Old Piece of Paper. Losers: The American People.

3. No Death Penalty for Child Rapists. The Supreme Court called the death penalty “cruel and unusual punishment” in cases of child rape. In rare agreement, both presidential candidates Obama and McCain condemned the decision. Winners: Not Really Sure. Losers: Children and their Parents.

4. Guantanamo Bay Inmates Can Challenge their Detention. Long held against their will without any explanation or legal proceedings, suspected terrorists at Guantanamo Bay now have the right to challenge their detention before the court. Winners: Justice and Fairness, Detainees. Losers: George Bush and Co.

The convergence of a number of demographic, economic and social trends is making it more challenging than ever for law firms and corporate legal departments to attract, groom and retain top legal professionals. Best Practices for Recruiting, Developing and Retaining Top Legal Talent, a new white paper from Robert Half Legal, a legal staffing service specializing in attorneys, paralegals and other highly skilled legal professionals provides an overview of the business and demographic trends that are reshaping the legal field.

The legal profession is facing staffing challenges caused by diminished law school enrollment, increased lateral movement of midlevel associates, seasoned talent opting out of the profession, and the pending retirement of the baby boomer generation. As a result, competition for talent among law firms and corporate legal departments has intensified and law offices are re-evaluating the way they hire, motivate, promote and retain top performers, particularly women and minorities, two groups with high attrition rates.

 

Law firms and legal departments recognize that they have reached a crucial moment in which they must develop and implement policy changes that meet the needs and priorities of today’s legal workforce. Even some of the most tradition-bound law offices are deploying progressive staffing initiatives – from YouTube-style recruiting videos and part-time schedule options to diversity training and the elimination of mandatory retirement. The stakes are high for all law offices: If they do not innovate, they run the risk of a costly talent drain. To remain competitive, recruit and retain top talent, boost profitability, and grow their businesses, law firms and corporate legal departments must adapt their staffing and management practices.

 

Research conducted for the Future Law Office project discovered several developments that are likely to continue to impact the legal profession:

· Despite a cautious economy, demand for newly minted lawyers with the most sought-after skills and a top-tier education remains strong and is expected to outpace the supply. In addition to law degrees, the most desirable and marketable candidates also possess degrees in biology, chemistry or other sciences and technology, which allow them to better represent clients in the pharmaceutical, healthcare, biotechnology and technology industries.

· Many midlevel associates are leaving within three or four years of taking a job at a law firm. The reasons given for switching firms included a desire to move to a different geographic location, pursuit of new practice interests, change to another type of legal job, cost-of-living issues and student debt. Other factors were high billable expectations, communication problems within a firm, lack of transparency about the firm’s finances and the relatively low probability of making partner. Other midlevel associates and senior attorneys are leaving the profession entirely. Among minority associates, attrition rates are even steeper. Seasoned attorneys opt out for many of the same reasons that others make lateral moves, including changing priorities, a search for different opportunities and the desire for better work-life balance. Because attrition has historically been the cost of doing business, the financial impact of unwanted or excessive attrition can be severe. It has been estimated that the economic cost of losing an attorney may range from $300,000 to $700,000.

· As the baby boomer generation enters retirement over the next 10 years, businesses of all types will be confronted with a shortage of millions of workers and will compete for a smaller pool of younger workers with less experience and expertise. The Bureau of Labor Statistics projects a flat growth rate of less than 0.5 percent for the U.S. workforce during the next 60 years.

 

The combination of candidate shortages, overheated demand in certain practice areas, declining law school enrollment, attrition among midlevel associates, the opting out of seasoned attorneys and the looming retirement of the baby boomer generation is daunting. To survive and thrive, law offices must now take a much harder look at making significant changes in personnel practices including implementing policies to attract and retain more women and minority groups, preserve the intellectual capital of older attorneys and continue to provide work-life balance programs that address the needs of lawyers at every stage of their careers.

 

Best Practices for Recruiting, Developing and Retaining Top Legal Talent is part of Robert Half Legal’s Future Law Office project. For the annual research study, Robert Half Legal interviewed experts in law firm and corporate legal department management, our own legal staffing specialists throughout North America, and other professionals in the legal fields. Our findings also are based on extensive research from state and national legal publications, legal associations, the U.S. Department of Labor’s Bureau of Labor Statistics and Statistics Canada. Robert Half Legal regularly commissions surveys of attorneys on a variety of workplace and legal management issues. Relevant statistics from these studies, which include responses from 300 attorneys among the top law firms and corporate legal departments in the United States and Canada, are included in the study.

 

Aside from smoking in designated non-smoking areas and buildings, you can’t really get in trouble for smoking cigarettes. The tobacco industry is one of the largest in the country despite the vast amount of information available on the negative effects of cigarette smoke on the human body. Well, a Florida law firm is taking a stand against cigarette smoking by implementing a new hiring strategy.

Rogers Towers, a well known law firm based in Jacksonville, FL, is no longer hiring smokers starting on July 1, 2008. “It is strictly a decision to employ healthier workers,” explains Rogers Towers attorney Allan Geiger, “we are trying to help people be more healthy by giving them incentives to quit.” It was a decision that seems to fit in with the culture of the law firm overall.

The firm, which is involved in many activities promoting healthier lifestyles, is now taking the next step. Though the new policy will not apply to those smokers who already work at the firm, Rogers Towers does offer to pay for programs that help employees quit the habit. But starting in July, if an interviewee turns out to be a cigarette smoker, they will not get the job.

Florida has one of the lowest tobacco taxes in the country, which leads to a large cigarette consumption in the state. Over 1.3 billion packs of cigarettes were purchased just last year. But the winds of change are blowing. In 2007, Florida passed a constitutional amendment forcing state spending on anti-cigarette programs and campaigns.

The new Rogers Towers anti-smoking policy, though not aimed at infringing on others, will spark discussion on both sides of the issue. Murray Schwartz, a renowned employment discrimination prosecutor in New York sees this as a potential issue. “Since smoking cigarettes is not against the law, it is unlikely that you can judge someone’s employment potential based solely on whether or not they smoke,” he explained. He says that even though no law exists against this type of policy, it is a potential problem to even ask if a potential hire smokes cigarettes during the interview process.

This is an issue that is sure to spark ongoing discussion, but in the end it is a move that puts healthy living into the minds of more people. And for a country with a significant amount of health issues, this is a bold step that deserves our attention, if not praise. As Allan Geiger puts it, “In the end, it is really all about making people healthier.”

If you feel as if it‘s time to start your own practice, please follow your intuition, as it is likely guiding you on the right path.  I had that feeling as soon as I left law school, followed it, and haven’t looked back since.  Having said that, please be prepared to hear the following from your family and/or friends:

1. Are you crazy?
2. So you don’t like having a salary?
3. How are you going to get clients?
4. Do you know what you’re doing?
5. Can you help me with my case (Usually comes from family…usually extended)

So…without further ado…here are the top 5 reasons to start your own firm. 

1. The experience is unlike any other
Its one thing to do work for someone else but quite another to do it for yourself.  I did not attend law school so that I could be stuck in an office writing motions for other attorneys and appearing in court for cases which are not mine.  Not that there is anything wrong with that.  It just wasn’t for me.  If you constantly have the itch that you think you could do this yourself, on your own, then do it.  If you believe that you could treat the client  much better,  then its time you think about starting your own firm. (Just don’t steal the client). 

 2. Your pay is commensurate with your work
Ever get the feeling that the firm doesn’t value your services and doesn’t pay you what you are worth.  You’re likely right.  Unless you’re a partner in one of the larger firms who, from what I understand, now get paid in Euros.  In any event the great thing about  having your own firm is that the amount of work you put in usually, but not initially, dictates how much you get paid.  Think your worth more than $200/hr, then charge more.   You may have to take a hit at first, but trust me, working on motions you don’t want to work on is much easier when the hourly rate goes into your pocket.

3. Your business cards list your name, not some other persons.
This really shouldn’t be a consideration in  deciding to go out on your own…but its pretty cool. 

4. The firm where you work oddly doesn’t allow you to practice the field of law which you enjoy
Unless you are in a very unique firm which has implemented a “Choose your favorite practice and do it!” day, you may be stuck in a situation where you are doing legal work you don’t like….over and over again.  Not only does this hamper your quality of life, but the quality of work may suffer as a result as well.  The solution.  Start your own practice.  You’ll have the ability to not only practice in the area of law you enjoy, but you’ll also be able to venture out into other areas as well.  I never though I would enjoy practicing consumer advocacy…but I do.

5. Gone Fishin….
If you have your own firm and you need to take a week off for vacation, or to leave at 3 to see your kids ball game, you do it.  No questions asked.  You’ll obviously have to compensate for the time you missed, but you still have a freedom that most other people don’t have.  You cannot put a price on that. 

Obviously this is a simplification of a very serious and personal decision, but my personal opinion really is “Do what makes you happy and others will benefit as a result".  The worst thing that can happen is that this all fails and you go back to work at another firm.  The best thing is your life changes tremendously for the better. Just my 2 cents.

Daniel Gershburg, Esq. is an attorney in Brooklyn who recently started his own practice, Gershburg Law.  He focuses his practice on real estate, bankruptcy, litigation, and criminal defense.

For years, the legal research industry has been dominated by two names, Westlaw and LexisNexis. Well those times are changing. Welcome Fastcase, Inc. Fastcase is the brainchild of Ed Walters and Phil Rosenthal, two former lawyers who have traded in the practice of law for the business world. Fastcase is an online legal research engine that can be best described as an easy to use, high quality alternative to Westlaw and LexisNexis. Started in 1999, the company is building steam now as more and more bar associations and mid-sized law firms begin to try the new service.

“What we try to do here is use new technology to make legal research easier and faster,” explains CEO Ed Walters. Eight and a half years after its inception, the company is pushing forward faster than ever. They currently have 300,000 subscribers, most of which come from Bar Association memberships who offer it free for their members. For example, if you are a member of the Virginia State Bar, you have access to all of Fastcase’s services for free.

The theory, an easily searchable database of case law, with results displayed exactly the way you need them, is catching on at firms who have been hesitant to change. They allow each user to customize their search results through a number of different ways, including showing those cases that are cited the most first. This makes sorting through cases faster and more efficient, saving lawyers time and money.

There is no new system to learn, no extensive training required, and the future is very bright. They are introducing a new interactive timeline display, as a much more appealing way to view search results. This viewer display cases in a search along a timeline, charting the cases relevance as compared to similar results. This makes finding the right cases easier than ever before.

In addition, Fastcase plans to launch a new service later this year. State statutes, which have previously been difficult to find and maneuver on the web, will now be part of the Fastcase database. Statutes from all 50 states will be searchable, and easily viewed on the website. This is a great addition to Fastcase’s extensive information center, which includes the largest free law library in the world, located at plol.org. “We are democratizing the assets of the law,” Ed says as he explains why people have found Fastcase to be so helpful. It is clear that there is a new face in the legal research industry that will be here to stay.

The Wisconsin Continuing Legal Education requirement is 30 credits every two years, including 3 hours of legal ethics. The reason I bring this up is because a Wisconsin criminal attorney made news this week for failing to comply with his CLE Requirements. The story, outlined in the Wisconsin Law Journal, explains that the attorney, Paul Polacek, currently has multiple cases pending.

His suspension, though it may be short, has resulted in a delay in at least one of his cases. He missed the February 1 reporting date, but claims that he has since completed his requirements and is waiting for approval. If Wisconsin allowed their CLE credits to be completed online, Mr. Polacek could have easily completed his credits quickly and easily on Lawline.com. Maybe next time.

There is no debating that climate change is a topic that the whole world needs increased awareness. And with a growing movement the size of this one, there is sure to be plenty of legislation to come in the area. To date, there has been very little signed into law in the area of climate change. But that does not mean that lawyers and law firms should not be actively pursuing the field.

One law firm that is taking advantage of this opportunity is Warner Norcross & Judd. The Michigan based firm has formed a Climate Change Practice Group that is built to handle their clients’ many needs in regards to climate change. With one of the largest Environmental Law Practices around, Warner Norcross brings to the table the experience needed to serve companies and industries devoted to climate change initiatives.

“Right now it is our job to keep these clients informed and let them know what to look for,” said Climate Change Practice Group chair Daniel DeWitt, “the nature of our services will be shaped by the coming legislation.” For now, they are concentrated on looking out for the best interests of clients that fall into the broad realm of climate change. They have helped negotiate alternative energy contracts and green building designs.

The Climate Change Practice Group is a cross-discipline group made up of environmental law practitioners, litigators, corporate attorneys, and real estate attorneys. Also, there are lawyers in the group from the Government Affairs Practice that spend time lobbying for certain climate change issues.

This is clearly a growing sector and one that no law firm, or business for that matter, can ignore. Warner Norcross & Judd are staying one step ahead of the curve. As more opportunities present themselves, and more laws are passed, other law firms are going to be quick to follow. Daniel DeWitt describes the movement best when he says, “Climate change is an issue of the utmost importance because it is going to change the way the world works.”

Green is the new White. As the push towards sustainability and renewable energies becomes more mainstream, companies in those emerging sectors need legal representation. More and more, large white collar law firms are setting up practices to deal with these types of clients.

One law firm that has excelled in this area is Brown Rudnick LLP. Brown Rudnick, an international law firm with offices in the US and Europe, has created a Cleantech team comprised of lawyers across a broad range of practice areas. The newly formed team is charged with serving the needs of companies and investors within the emerging clean technology sector.

“Cleantech can mean a lot of different things,” says Mark Dorff, one of the team’s practice leaders, “we look at ourselves as a service provider, serving the infinite needs of clients within this sector.” Mark is a partner who works out of the firm’s London office. He works as a practice leader for the Cleantech team, responsible for coordinating cross-disciplinary initiatives for many clients.

The Cleantech Team at Brown Rudnick is involved with three main categories of clients. The first is entrepreneurs and businesses in the clean technology sector, including wind farms and other technologies that are working towards efficiency. The second are the investors, such as private equities and venture capitalists, who are investing in clean technology. The third category is comprised of financial intermediaries working with companies in this important sector.

One of the major things that makes the Cleantech Team work is the experience that Brown Rudnick brings to the table. Though this team is newly created, it includes a broad group of practices that have been well established for up to 20 years. It is part of a commitment by the firm to serve the needs of these clients on a larger scale.

In the broad scope of green initiatives, this is a very important area. As law firms strive to serve the needs of green companies, and begin to implement initiatives to go green themselves, we must remember that it takes commitment. Commitment to clients, commitment to moving forward, and a commitment to the community as a whole will prove to be vital. And in the end, it just makes sense, both financially and operationally.

As a lawyer, you are never far away from your work. Essentially, to serve your clients best, you have to be available most of the time. It is a job and an industry that requires long hours and a lot of extra effort. And now, with new technology that makes working from home and on the road easier and more convenient than ever, that trend is only increasing.

Many people thought that with the onset of new technologies like cell phones, PDA’s, and virtual machines would limit work hours because it gives people more freedom. The result, however, was the opposite. All of the sudden, when you leave the office you are not leaving work behind. Hours got longer because the boundaries between work life and home life disappeared.

There have been many recent news stories about the excessive use of blackberries and mobile web devices to check email and catch up on work into the late hours of the night. It causes increased stress at home and limits time with family and friends when you used to be more available. This leads to unhappy spouses, limited time with children, and less free time during vacation or off days.

It is important to remember that technology is meant to help make our lives easier. Set limits on yourself when you are away from the office. Start out by trying to designate hours without any mobile devices. Focus your attention on family and non-work activities so you can get back into more of a balance between work and home. Though work is important, and the satisfaction of your clients is vital, you cannot let that take over your life. Technology is a great thing, just don’t let it control you.

In entrepreneurship there are “Five Theme of Success” that are preached to people looking to start their own company; be a doer, don’t be afraid to make mistakes, never forget the importance of networking, don’t listen to the negativity of nay-sayers, and help out others without wanting anything in return. The same could easily be said to anyone looking to start their own law firm, no matter what age the lawyer is. 

 

Everyday in the business world there are employees who decide they are fed up with their boss, employees, or partners, and the headaches they receive on the job could easily be fixed if they started their own company, or for our purposes, their own law firm and worked for themselves. What this attorney would become if they did start their own firm is a “Legal Entrepreneur."

 

To simplify our matter even more, let us look at this from a completely different, younger perspective. Let us call this new business a lemonade stand, like the one we used to set up in front of our house when we were children. 

 

With every new lemonade stand a child starts up, like any business an adult forms, comes the same basic challenges. We’ll call them the “Fundamentals of a Business.” 

 

The first fundamental is creativity. Creativity is the glue of entrepreneurship. To come up with this idea of a lemonade stand was creativity in itself. The fact that you want to create your own firm is a creative idea. The ideas that go through your head everyday are all creative. You can ask yourself, “What is the best way to market this,” or, “How can I increase my sales to a different target audience?” Without the idea, where could you start?

 

Next, we come to strategy as our second fundamental of a business. Find out what kind of opportunity you have as a solo practitioner.  Take action and get the deal done. You could be kicking yourself for the next twenty years if you fail to follow your dreams. The motivation you have for starting your own practice should be enough for you get through the questions of whether to go through with it. To start a lemonade stand, all a child needs to do is get the product, create the stand, and start charging. But, of course, there is always more to it to be successful.

 

Financing your move is probably your biggest question. The first person a child will look to for financing for their stand is their parents. Of course if they want to be a real businessman, they will make sure they pay their investor back with a return on it, but as an attorney this may not be as easy. You could potentially be taking a huge financial cut by starting your own firm. But let’s face it, start-up companies are always bootstrapping, which makes it that much more fun.

 

The lemonade that a child sells is their product, and any nearby stands or stores that sell lemonade will be that child’s competition. You, as an attorney, are offering your expertise to represent someone in the court of law, and the fact that you are going to make sure your clients get first-class treatment and the utmost attention is what will separate you from the rest of the area’s attorneys, right? Going from a large firm to your own puts you more in control of your clients and yourself. You are now making decisions such as who to represent, how to decorate the office, what paper to buy for the printer…etc. Mom’s homemade recipe for lemonade might be enough to separate you from the competition, so why not take a hint? Be yourself and show the respect to your clients that you would want from anyone representing you. It will get you further with a client, make them more comfortable, and put you in a position to really feel passionate about what you are doing.

 

Maybe being a solo practitioner isn’t what you had in mind. You would much rather have a partner who shares the same passions and goals as you.  Sign them up. When was the last time you saw only one child working a lemonade stand? There is always one child behind the counter and the other is screaming on the top of their lungs to passing cars. Some say partnerships are disasters, but what I am telling is it will pan out if it is meant to be, and it will help you tremendously in the beginning phases. Come to think of it, when you have the money, you will hire that secretary, clerk, and office manager, just like children recruiting other friends to help with the stand when it becomes more successful. When you find yourself more worried about making copies than your actual legal work, it will be worth hiring the help. Don’t rush into it, but don’t be afraid either.

 

Marketing may be what separates the successful lemonade stand, from the one that ends up drinking their entire product at the end of the day. Getting your name out there is vital to any start-up company. Whether its newspaper ads, word of mouth, a great location, or a fancy 1-800 number, finding the best way to advertise will save you money. Let’s face it; a lemonade stand on a cold, rainy day isn’t exactly marketable. But if you have that same stand on the hottest day of the year, the sky is the limit! Research this area and make sure you know what works for you. Networking is a great way to market yourself, so attend conventions, seminars, and cocktail receptions to meet people. The more people that know you, the stronger you become. Another suggestion is offer favors to people and expect nothing in return. Having karma on your side can only help a start-up, and you should want to be a good person!

 

There will always be people trying to bring you down during your new endeavor. They are called the "nay-sayers." If you let these people get to you, you’re going to be hurting and so will your business. You know who to believe and you know who to trust, but nothing can get you off course if it is a passion of yours that you are pursuing with your heart. Make sure you have a mentor, someone who has done something like this before, to go to for advice but will not do any of the work. His words will be priceless to you because he has gone through the same experiences you will.

 

Finally please keep in mind the “Five Themes of Success”; be a doer, don’t be afraid to make mistakes, never forget the importance of networking, don’t listen to the negativity of nay-sayers, and help out others without wanting anything in return. If you truly believe you can do something, then you will let nothing get in your way. Continue to pursue your dreams, and I wish you the best of luck!

 

Earlier this week, Melvyn Weiss, Plaintiff’s Attorney with the firm Milberg LLP, was sentenced to 30 months in jail for pleading guilty to participating in a conspiracy whereby plaintiffs were paid a kickback in lucrative class action settlements. His attorney, Ben Brafman, is a well respected criminal lawyer in New York, and a Lawline.com faculty member.

We caught up with Mr. Brafman earlier today and asked him about the sentence. He mentioned that the 30 months was below the maximum sought by the government of 33 months, but more than what he had been hoping for. He said that he understood why the court had imposed such a sentence, with Mr. Weiss’s age and years of respectable work helping to keep the sentence below the maximum that the government had been seeking.

This marks the end of a 7 year investigation into the activities of the firm and the suspected conspiracy. Mr. Weiss pled guilty earlier this year and had been awaiting a sentence until earlier this week. He is to report to jail in West Virginia this August. For more information, see the Wall Street Journal article June 3^rd.

A few weeks ago I posted an article about law firms going green. If you want to take a look, here it is. Well today I came across a blog that referenced a guide for law firms that are committed to going green. The guide, appropriately titled The Green Guide for Lawyers, can be downloaded for free from this website. It was put together by the Meritas Leadership Institute as a roadmap for lawyers and law firms who want to put in place the initiatives that it takes to start to be a green firm.

The document divides initiatives up into three tiers, and then categorizes them under the headings People, Planet, and Profit. It uses a Triple Bottom Line approach for law firms to measure their sustainability and environmental consciousness. I would recommend a quick read through of the guide to any lawyer who may think it is necessary to start to go green. It is not as hard as you may think.

Did you ever wish that you had more confidence in the decisions that you made, both personally and professionally, in your day to day life? Of course you did, we all do. Well there is a new book from prominent speaker, author, and entrepreneur Barry Moltz, entitled Bounce, that you should check out.

As lawyers, we are constantly seeking to improve ourselves professionally by learning how to serve our clients more effectively. Sometimes it can be a struggle to reach new clients, work through existing cases, and keep up with all of our professional relationships at once. Bounce takes you through stories of failure and success to show you that life is supposed to be made up of ups and downs. It is the low points that make you appreciate the high points, and the high points that keep you pushing forward through the low points. 

True business confidence is developed through a number of different experiences, all of which lead you to where you are today, and where you will be in the years to come. Failure is no fun, we all know that. But it happens every day. Do not fear it or run from it, use it to drive you to success. 

In the end, you will be left feeling motivated to conquer whatever challenge lay ahead. Whether it is a new case that you are struggling to take on, or a new marketing strategy that you’ve been meaning to develop, you will be ready to approach it with a new found confidence and determination.