Author: Jodi Standke

The most successful leaders are those who strategically align their policies, actions, behaviors, and body language with their verbal messages. Here are three reasons why the future of effective leadership is linked with non-verbal communication.

1. THE VISUAL TECHNOLOGY REVOLUTION MAKES BODY LANGUAGE SKILLS CRUCIAL.

Leaders have always been under scrutiny, but with future developments in visual technology, a leader’s body language will be even more exposed to evaluation. For example, there is no doubt that videoconferencing and telepresence, which allows participants to see and be seen as life-size images, can help build stronger bonds and improve rapport. However, video communication can also heighten participants’ anxiety and self-consciousness because there is no hiding behind a text message or computer screen. Leaders will need to develop their nonverbal skills to make the most of these tools.

2. LEADERS TODAY ARE EXPECTED TO BE EMPATHIC AND TRUSTWORTHY.

The body language of effective leaders will be increasingly “warm.” There are two sets of body language cues that followers look for in leaders. One set projects warmth and empathy whereas the other signals power and status. Both are necessary for leaders today and will be critical to the success of leaders in the future. However, if your organization is headed toward a collaborative structure and philosophy, then effective leadership becomes less about projecting power and more about building relationships. Relationship-building, in turn, is all about the body language of trust, inclusion and empathy. So the “soft side” of nonverbal communication, which has been undervalued and underutilized by leaders more concerned with projecting strength, status and authority, will become central to achieving business goals.

3. AUTHENTICITY WILL BE INCREASINGLY REVEALED THROUGH BODY LANGUAGE.

Body language reveals character. No leader, regardless of how skilled a non-verbal communicator, can fool the people who work with him or her over an extended period of time. Sooner or later, your body will give you away. Like good manners and good grammar, body language is a tool for expressing your “best” self in a certain situation and is a highly valuable tool. It just can’t hide your character.

EFFECTIVE NONVERBAL LEADERSHIP TIPS

1. BEFORE AN IMPORTANT MEETING, BREATHE.

Right before you enter the meeting room, deeply inhale through your nose and exhale through your mouth. If you are unobserved, make a soft “ahh” sound. Doing so releases the tension in your neck, shoulders and jaw that can make you look rigid or aggressive. Do this one to three times.

2. NOTICE HOW FAST YOU CAN MAKE OR BREAK RAPPORT.

While seated at a conference table across from your counterpart, push back from the table and lean away from them. You’ll most likely see your counterpart react in kind by backing away from you. Now lean forward and put your hands on the table (with your palms showing), look them in the eyes and smile. Watch as the interaction warms up and is much more friendly and open. That’s how fast your body language can help you build or break rapport.

3. TO INCREASE TEAM PRODUCTIVITY, KEEP YOUR BODY LANGUAGE OPEN.

People are constantly monitoring their leader for emotional cues. If your body looks closed, depressed or angry, these postures and their corresponding emotions will be subconsciously picked up and mimicked by your team. It’s a process called “emotional contagion” – and it can also work in your favor. If you keep your posture relaxed, inclusive and open, your team will respond by being more cohesive, positive and productive.

4. TO LOOK DECISIVE, ROTATE YOUR PALMS DOWN.

In essence, gestures with palms exposed show that you are open and willing to negotiate on a particular point, while palms turned down indicate that you are closed to negotiation. But people also automatically pronate their hands when they feel strongly about something. In fact, a definitive gesture of authority when you speak is placing both hands palms down, on or right above the conference table.

5. MAKE YOUR MOVEMENT AND GESTURES PURPOSEFUL.

Just like you bullet point out a pitch or presentation, do the same with gestures. Human beings are drawn to movement. If you move when you speak, you’ll catch people’s attention. It can be especially effective to move toward the audience before making a key point and away when you want to signal a break or a change of subject. You can also use space to reinforce your ideas. You have the most impact when you combine movement with physical pauses in which you stand absolutely still to highlight your most important points.

The good news is that whatever your nonverbal communication is right now, you can increase your awareness and change ineffective body language habits. You can develop a deeper understanding of the impact that certain nonverbal behaviors have on your audiences and you can add more effective gestures, postures and expressions to your leadership repertoire. The most charismatic, influential and powerful body language will always be that which is totally congruent with who you are, what you stand for and what you truly believe.

It is difficult to make sound decisions, nurture relationships, think creatively, control our reactions, manage conflict or be optimistic, happy or effective when we are under stress and perceived expectations. The first and best action we can take regularly to increase our effectiveness in all times, is to be self-aware – know what is going on with us in the given moment and use learned practices to control and deliver the messages or actions we want – this is our emotional intelligence. Being self-aware and accessing and managing our emotional

intelligence is not simply will power. Science has shown we experience physical and chemical changes in our bodies when under stress. These physical reactions can create a lack of self-control and block access to our “thinking” part of the brain. It is our duty to know ourselves and learn and practice techniques that will support our emotional intelligence and our effectiveness.

While studying transcendental meditation in the 1970s, Herbert Benson M.D., discovered that certain changes in our body occur with deep relaxation – reduced heart rate, lowered blood pressure, relaxed muscles, and altered brain-wave patterns. Benson named this state of calmness our “relaxation response,” and viewed it as biology’s answer to the fight-or-flight response – which is the set of changes that occur when we experience danger or acute stress. Here are a few tangible practices to access the relaxation response, thereby increasing your emotional intelligence and your effectiveness in the moment:

1. Deep Breathing

• Take a normal breath and notice how it feels.

• Now take a slow, deep breath so your belly expands. Breathe in through your nose and out through your mouth.

• Take one normal breath, then one slow breath. How does that feel?

• Practice deep breathing for several minutes, sighing on the exhale.

• Breathe deeply for 10 minutes and say silently to yourself, “Breathing in peace and calm, breathing out tension and anxiety.”

2. Muscle Relaxation

• Take several deep breaths.

• Concentrate on your forehead. Tighten these muscles, while counting slowly from one to five. Hold them tight as you can, then let go while taking a slow, deep breath. Repeat.

• Repeat this process, moving down your body, tightening a particular set of muscles for a count of one to five, then releasing them as you take a deep breath: jaw, neck, chest, abdomen, right shoulder, right upper arm, right forearm, right fist, left shoulder, left upper arm, left forearm, left fist, pelvis and buttocks, right thigh, right calf, right foot, left thigh, left calf and left foot.

• Do a mental check from head to toe to sense any remaining stress. Repeat the areas that need it.

3. Visualizing

• Close your eyes and take several deep breaths.

• Imagine in your mind, a special place where you know you can relax.

• Spend time in this place and take in what’s around you. Focus on colors and shapes. Focus on smells and sounds. Focus on movement and sensations.

• Allow yourself to become totally absorbed in the sense of peace.

4. Self-Talk

• Identify one negative thought pattern that plays repeatedly in your head and write it down as a sentence or two.

• Ask yourself these four questions: Does this thought contribute to my stress? Where did I learn this thought? Is this a logical thought? Is this thought true?

• Create your own restructured thought and write it down under the original one. Refer to it whenever the negative thought reemerges.

5. Meditate

The practice of meditation involves a turning inward of our attention, a repetitive focus on breathing or a simple word, phrase or prayer. You may choose a word that is secular (Peace) or religious (Hail Mary or Shalom). In this exercise, we suggest using the old Sanskrit mantra, Ham Sah (Ham means I am; Sah means that), because the sounds reflect the sensations of breathing and letting go.

• Find a comfortable place to sit and close your eyes. Starting with the number 10, silently count down to zero, breathing in and out on each count.

• Now as you breathe in, say the word “Ham” (pronounced ham) silently to yourself. As you exhale, concentrate on the word “Sah” (pronounced saah).

• Continue to note your breathing. As you inhale, pause for a few seconds. As you exhale, pause for a few seconds.

• Stay as focused as you can on your breathing and these words.

• When it’s time to close, continue to be aware of your breathing, but start to become aware of your surroundings. Slowly open your eyes and take in what is around you. Get up gradually.

Don’t judge yourself as you meditate. If your mind wanders or your thoughts race around, just calmly resume your breathing and repeat your phrase. Begin by setting aside 10 minutes for each session, then gradually work up to 20.

Mindfulness has proven to be a powerful tool for leaders. Chief executives at small and large corporations alike have embraced mindful practices for themselves as well as implementing company-wide initiatives, such as meditation and yoga, to guide employees in becoming more mindful. The programs have resulted in happier workplaces, but have also increased profitability and sustainability.

Could this be true for lawyers, too? Yes! What is mindfulness? Mindfulness is simply the practice of being present in the moment you are in. Jon Kabat-Zinn describes mindfulness as waking up and living in harmony with oneself and with the world. It has to do with examining who we are, our place in the world and being in touch.

Tangible Benefits Experienced by Professionals With a Mindfulness Practice

• Stress reduction.

• Ability to think before reacting.

• More clarity and focus.

• Increased access to creativity and innovation.

• More patience and gratitude.

• Better self-awareness.

• Increased problem solving ability.

• Increased neuroplasticity in our brains to assist in the changing of long-held patterns/habits of thinking/behaving that doesn’t work for us anymore.

Practically, mindfulness is a way to strike a balance between emotion and logic. Some might say, it’s another way to increase your emotional intelligence agility. Imagine your brain as a continuum with emotion on one end and logic on the other, the goal being to center yourself between the two. The mindfulness practice will help you become centered. The practice enables

you strike a balance between emotion and logic so you can increase your effectiveness in your role. No matter where you are on the continuum of logic and emotion, it is never too late to begin practicing mindfulness and experience the rewards. The goal is starting and then integrating a consistent practice into your daily routine. One form of mindfulness practice is meditation.

Suggested Daily Meditation Practice

• Upon waking – sit comfortably on the floor or in a chair.

• Sit upright, spine straight.

• Soften your gaze.

• Find your breath.

• Close your mouth and breathe

through your nose.

• Notice your breath flowing in and out over your top lip.

• Put your attention on that spot above your upper lip – notice, feel and observe your breath moving in and out.

• If your mind wanders and you begin thinking about something else – notice that you are thinking and invite yourself back to your breath. Do this as many times as needed. Gradually, you might notice your mind wanderings lessen.

Start by doing this practice for 10 minutes a day. Gradually increase the time in small increments to 30 minutes. The key is to do this practice every day at the same time, sit in the same spot and recognize that this is a discipline similar to exercise routines. There are times when you might need to force yourself to sit for 10 minutes. It doesn’t matter how you come to your sitting, it just matters that you do it. Typically, it takes at least six weeks of daily, consistent practice to reap real and lasting rewards. Yet, many claim positive results after only a week of regular practice.

Additional examples of mindfulness tools and practices include:

Stay Awake – Mind Body Connection

Most of us have experienced emotions so strong that it seemed as if our body was being possessed by outside forces. Acknowledging the connection between your mind and body can help. Intentional breathing is effective, as is simply paying attention to the location of sensations and studying that sensation for a few minutes, noting the intensity, color, shape, weight, etc. Yoga can fit here. Even something as simple as wiggling your toes can connect your mind to your body.

Mindful Eating

Equally as important as the food we eat is the way in which we nourish ourselves. Rather than wolfing down lunch at your desk, give yourself a break and take 5-10 minutes to just eat. Set your fork down between bites. Chew your food before you swallow. Pay attention to how your food feels in your mouth and what your body is physically doing to have you be able to “eat.” Eating in this manner, you are giving your mind something tangible to focus on and thereby giving it a break. You will likely be more productive than eating at your desk.

Daily Gratitude

At the start or end of your day, spend a few minutes thinking or writing, about what you are grateful for in the moment. Name three things off the top of your head – coffee, bagel, shower. You don’t need to delve deeper (unless you want to), but work on switching it up every day.

Be in Nature

Nature can be magical if you pay attention. Find a place where you can escape to, and take in all the beauty that surrounds you. Even a 15-minute sit on a park bench or a walk down the block can bring you the appreciation of being free of whatever you are typically tethered to. The end goal of mindfulness is to have you be present in the moment you are in, to be aware of your thoughts and feelings as they happen and to accept them without judgment. Doing so better equips you to be intentional about your actions and reactions.

In the past, once a lawyer went in-house, there was virtually no going back. That is no longer the case. Law firm employers realize that in-house attorneys often have credentials, sophistication, leadership, practice experience and demanding work schedules that are desirable to the law firm practice. Corporate counsels also often bring valuable connections and business insight supporting the law firm client development initiatives. Although there might be an attraction by law firms to hire in-house lawyers, you still need to prepare so you land in the right spot for your next career step. Here are a few strategies to assist your preparation in law firm re-entry. 

No. 1 – Identify prospective employer’s current needs in the marketplace.

Which firms have or are seeking to grow a practice area in the industry in which you have been working? 

No. 2 – Working your network.

Connect with former law firm colleagues, mentors and classmates. Some of these people may be in positions or have connections at the firms you identified as potentials.

Note: One more reason why you want to avoid burning bridges as you make career transitions and progressions. 

No. 3 – Commitment to traditional practice.

Be prepared to explain why you have an interest in a law firm environment again. This might include discussing how you have seen both sides and know that your next career step is in a law firm to use the industry expertise and the transferable skills you have honed. You may also discuss a more mature attitude and appreciation for the law firm practice in regard to relative security, daily interactions with other lawyers, interesting and sophisticated work with a variety of clients, training opportunities, support and use of established business connections. 

No. 4 – Explain transitions.

It is often useful to know for yourself and be able to explain why you went in-house in the first place with details such as, what you were hoping to gain, that you achieved it and you are ready for this next step.

Note: Frequently a myth yet, hidden question with a prospective employer is wondering whether you left private practice for an in-house role because you couldn’t “cut it” in the law firm environment. For example, you wanted less hours, didn’t want to work so hard, couldn’t establish client relationships or were not technically sound in your legal skill.

No.5 – Transferable skills.

Your in-house experience has given you transferable and value-added skills. Describe how you have honed skills, such as multitasking, working with urgency, taking risks to support a business initiative, which demonstrates business acumen. In addition to your legal abilities, you understand organizational dynamics and have deep industry knowledge and connections. Be prepared to discuss how your skill, experience and perspective can benefit the law firm and its clients. 

No. 6 – Better-rounded.

Show how you are a better-rounded lawyer due to meeting the varied legal requirements of a business enterprise in a specific industry. Be prepared to showcase how your acquired knowledge and abilities, such as hands-on running of deals, negotiating and documenting agreements, advising a business on navigating risks to accomplish an initiative in a specific industry can benefit the law firm and its clients.

Note: There is often a concern that a lawyer in a small or start-up company receives little to no training during their tenure in-house, especially if one is a junior lawyer while in-house. 

No. 7 – Show you are prepared to take action.

Craft an effective business development plan. Prospective law firm employers often expect a more seasoned lawyer to grow a client base in relatively short order. This plan would include potential opportunities to bring in work from your current and past in-house organizations where you worked, as well as other like-industry organizations where you can leverage your knowledge, expertise and connections. Your plan would also include your former business colleagues who have moved to other organizations. 

No. 8 – Creative options.

Be willing to demonstrate flexibility in the transitional relationship in regard to title, department, practice area and compensation. A short-term compromise can yield a long-term gain for both parties. 

Although a stint in-house no longer precludes law firm re-entry, it can provide additional challenges. Be prepared by keeping these considerations in mind as you plan your next career move and you will increase your effectiveness in securing the position you want.

When you know what your ideal client looks like, it is much easier to create business development plans and messages that will truly resonate.  Here are a few questions that will help you determine who your ideal clients really are.

If someone were to ask who your ideal client is, you might jokingly respond, “anyone with a wallet,” but most lawyers know there are real dangers associated with trying to be all things to all people.  No firm or lawyer excels at everything. When you are not clear on what you do best, and thus whom you are best equipped to work for, you actually do yourself a big disservice. Your identity and your marketing message get so diluted that they don’t resonate with anyone.

That is why it is essential for lawyers to have a clear mental picture of their ideal client.

The more you zero in on precisely the type of client you want, the greater the likelihood you will attract precisely that person.  The world is overloaded with marketing messages, and one of the most difficult challenges we face is getting our message heard. The more your prospect sees a reflection of themselves in you, your web presence, your messages, the more they will pay attention to what you have to offer.

Here are actionable strategies and real-world wisdom to help lawyers set up a successful, sustainable niche business development plan.  The way to identify your ideal prospect and to develop your strategy to appeal to them is through a series of questions. Here are a few of the most important questions you can ask and answer:

1. What fear or anxiety keeps my ideal client awake at night?  

Start by considering the age, gender, income level, and location of your ideal client.  What are the three greatest frustrations of your ideal client? The key to this exercise is specificity.  Try to drill down on what the biggest frustrations are for this individual. We have all had those terrible nights where we wake up at three AM in terror about something that might occur.  A common “fear” for a lawyer at this stage is to feel that if you decide on one group or another, you are eliminating part of your potential market. At this stage, you want to create a mental avatar, a true representation of your client.  If you operate in several niche markets or practice areas, you want to do this exercise with each one. By having a clear focus, you can still choose to accept additional side business that will come your way.

2. What are their biggest wishes?  

If your ideal client had a magic wand, how would they use it?  What ideal outcomes or benefits are they looking for? When you talk about benefits, you appeal to your prospects’ emotions.  As the old marketing saying goes, people make their buying decisions on emotions and justify them with facts.

3. What keywords relate to their number one problem?  

When you know what keywords your ideal clients use, you will know what keywords to include in your own marketing messages.  In doing so, you hugely improve your chances of getting in front of the right people, online, in print and in person.

4. What do they need to believe you can do?

In their eyes, what are the factors that will contribute to their ability to meet their goals, initiatives, enjoyment of work and life?  Are you communicating that you can help them with those factors?  

5. What do they wrongly believe?

This is a good angle to consider because when you know what myth your ideal clients have bought into, you can present yourself as a credible expert who can set them straight. 

6. Why would they not invest in a relationship with you?

They might think your prices are too high.  They might be loyal to the firm in which they are currently working.  When you have considered why they wouldn’t go with you, you can figure out how to mitigate those objections.  

7. What is their biggest obstacle?

If you can show that you can help your ideal client overcome their obstacle, it will be difficult for them to not work with you.

In order to create marketing materials that will motivate your prospects to engage with you and to take action, you need to have a very clear vision of who they are, of their fears, hopes and aspirations.  This is true regardless of what services you are selling to individuals or to businesses.  The best way to get a clear picture of who your ideal clients are is to carefully answer these questions.  It’s an exercise that will greatly impact and improve your business development efforts.

As law firms and companies expand legal teams to pursue new business opportunities, competition is intensifying for job seekers with in-demand skills and niche backgrounds, according to Robert Half Legal. The firm’s Salary Guide found applicants with expertise in high-growth practice areas and industry sectors, including commercial law and healthcare, are seeing greater-than-average starting salaries, signing bonuses and multiple offers.

“Employers are placing a premium on associates and paralegals who can assume full caseloads and deliver quality results to clients,” said Charles Volkert, executive director of Robert Half Legal. “The most sought after legal professionals possess three to five-plus years of experience in a hot practice area, technological proficiency, and strong interpersonal skills.”

Here are five hiring trends in the legal field, according to Robert Half Legal research:

1. Recruiting and retention strategies are more essential. As baby boomers begin to exit the workforce and vacate leadership roles, employers are re-evaluating succession plans and focusing on how to become more attractive to Gen Z workers.
2. Employers are enhancing benefits. Law firms and companies are emphasizing greater flexibility, training, career advancement opportunities and other perks valued by job seekers, such as telecommuting and business casual dress codes.
3. Hybrid or blended paralegal/legal secretary roles are more common. Aside from practice area experience, the most marketable legal support professionals have strong technology skills and are able to perform multiple job functions.
4. Foreign language skills are in demand. In certain markets, bilingual abilities, including Spanish language skills, have become increasingly vital for attorneys and legal support professionals.
5. The market is improving for junior-level attorneys. While hiring has not yet returned to pre-recession levels, many law firms are expanding summer clerkship programs and hiring newly minted associates who can meet client demands for lower bill rates.

Volkert added that employers are more willing to negotiate compensation and benefits to attract and retain top talent. “Offering competitive pay, interesting work and advancement opportunities are highly effective strategies for improving employee engagement and reducing turnover,” he said.

According to a study by Harvard Business, 80% of our workplace issues can be attributed to the lack of interpersonal skills and not the competencies of the parties.  Interpersonal skills are critically important – a key one of which, that makes or breaks one’s level of effectiveness, is communication. People speak, people listen, yet there is more happening in every interaction than what initially appears on the surface. 

Another study sites the fact that, typically, people make a quick assessment of one another within the first seven seconds of meeting.  A strong first impression counts. What are you communicating?  

One might say the art of effective communication is comprised of listening intently, responding appropriately, exhibiting enthusiasm, and mutually understanding each other’s thoughts and emotions. 

Here are the 10 most common problems in communication:

1. Initial rapport is not established with listeners.
2. Body movements are stiff or wooden.
3. Material is presented intellectually, not involving the audience emotionally.
4. Speaker seems uncomfortable due to fear of failure.
5. Eye contact and facial expression are poorly utilized.
6. Humor is lacking.
7. Speaker’s intentions are not made clear due to improper preparation.
8. Silence is not used for impact.
9. Energy is low, resulting in ineffective pitch pattern, speech rate and volume.
10. Distractedness.

And here are the 5 Essentials of a great communicator:

1. Being fully present.
2. Being prepared.
3. Making others comfortable.
4. Being committed.
5. Being interesting.

Whether you are simply meeting someone for the first time, or you are engaging in business development, client service, interviewing, leading, managing, responding to RFP’s, or presenting before a group, first impressions are important and strong communication skills are critical.  

What impression do you make on others?  Are you as effective as you could be in conversation? Are you hearing all that is being said and are you communicating all that you want to communicate and nothing you don’t?  Communication is a skill, and like all skills must be honed. Make sure to communicate as effectively as you can in order to gain the most from each conversation, and portray yourself the way you want to be perceived.

The state of constant change is a business reality.  Executives need and want to hire a lawyer with strong business acumen.  We hear and see that need often in job descriptions and interviews. Yet what does business acumen mean and how do you know if you have it?

The typical company has undertaken multiple enterprise-wide changes in the last few years from restructuring, expansion into new markets, and leadership transitions.  Lawyers now work with more stakeholders on more new legal issues across more global offices than ever before, and corporate employees in all functions agree that the work environment is changing faster than ever.

A lawyer’s performance in supporting a company as it shifts directions is business acumen.  And, typically, this is a new skill to hone for most lawyers. The issue is not that lawyers are not smart enough.  Lawyers have been schooled, trained, and rewarded for activities such as writing, reporting, following procedures, presenting, communicating, and adhering to principles.  These are all activities and skills that provide value when an environment is stable.

By contrast, a shifting, changing environment requires capability in entrepreneurial thinking, planning, organizing, leading, creating, innovating, formulating strategy, achieving objectives, adapting, and readjusting with setbacks.  Typically, lawyers are unprepared for this behavior in a fluid environment.  

The positive message is that lawyers are smart and these skills can be learned, trained and coached.  The key skills that can assist lawyers to be adaptable and flexible in the face of change are:

1.  Career Development Plans.

Rising lawyers need direct exposure to different business challenges if they are to learn and become more agile.  Too often they are working in a silo, working on and seeing only pieces of the issue. By intentionally providing a diverse set of experiences and projects for beginning, mid-level and senior lawyers, development opportunities are less likely to fall to the wayside for day-to-day urgencies.  

2. Broaden the Experience Base.

Grooming leaders who can understand the impact of change on the business and adapt accordingly requires lawyers to spend time outside the legal cocoon.  Diversify their experience by working on client boards, or other client industry focused boards. Lawyers will get exposure to strategy and governance issues while the organization benefits via instant access to legal advice.  The greater exposure a lawyer can have into the endless range of business choices that senior business leaders face in deciding a course of action.

3. Provide Experience.

It is powerful learning to when one can take the wheel and steer through an actual business challenge.  This experience learning may take the form of intentional role playing within the career development plan.  The ability to try what one has learned or to experience the trial and error effects of decisions provides hands-on learning that can be drawn upon when one is in the real situation.

The ability to adapt to change is crucial for lawyers who are navigating today’s complex and fluid business environment.  General counsel who design career development plans for their team, facilitate exposure to other parts of the business/operations, and train by providing hands-on experiences will build solid lawyers for the future.  

In-House Career Paths – the potential issues to career happiness

It seems more and more private practice lawyers want to move in-house.  Even if lawyers successfully make that transition, they are often surprised to find that it isn’t necessarily the path to long term career happiness.  In-house lawyers face different career path issues than their private law firm peers. Rather than finding more job security and opportunity for advancement, they may have less.  Corporate counsels’ futures are tied to the fortunes of a single entity in a volatile marketplace. Furthermore, corporate legal departments are hierarchical with one general counsel, one division counsel, and so on.  While theoretically, law firms may elect an unlimited number of partners, often road blocked, in-house lawyers may wait quite some time, if ever, to progress within their current law department.

Potential Career Path Issues

1.  Job Security. 

If you are in-house, stay proactive.  Keep your eye on what is going on with your company in the marketplace.  The in-house lawyers’ job security can be at risk because law departments are at the mercy of upper management’s business strategies and economic forces beyond their control.  For example, after a merger, sale, acquisition, or reorganization of all or part of the company, the law department may be eliminated or “duplicative” attorneys let go. Even if the legal department isn’t disbanded, new management may bring in its own team of senior executives including legal personnel.  Often companies or divisions relocate, requiring unwanted transfers. If a business declines, a division or entire company may downsize. Start-ups may not get their funding and need to cut back. The law department frequently is among the first to go because it’s a cost rather than profit center, and may even be viewed as an impediment to accomplishing business goals.  And, of course, entire businesses or divisions simply may shut down, leaving everyone without a job. The more aware you are, the more you can plan appropriately.  

2.  Automatic Advancement. 

Despite the many perks of working in-house, even at a financially stable company, you need to realize that there could still be one big drawback, very little room at the top.  Corporations usually employ fewer lawyers than big law firms and in-house law departments tend to be organizationally flat. Advancement depends on a number of factors mostly out of your control, such as the size and structure of the department, the age of its attorneys, the health of the company, trends in the industry, or a combination thereof.  If your boss is competent, healthy, happy, and not close to retirement age, there is nowhere to go. Therefore, even doing prodigious amounts of great work may not move you up the ranks.

Options to Counter Potential Career Path Issues.

How does one detour these potential obstacles on the in-house road to career happiness?  Options might include changing departments and career paths or sticking it out while redefining goals and expectations.

1.  Changing Departments/Career Paths.

If your career path is blocked either by a lack of job security of a dead end situation, you might change course by leveraging your business skills and moving from the legal department to another department such as compliance, general management, human resources, sales, or marketing.  For some lawyers, their initial goal was to segue out of the practice of law by moving from a law firm to an in-house legal department position and then transitioning to the business side of the corporation. For others, that trajectory occurs as a career necessity.

If you think you might want to pursue the business-side option, look for companies where lawyers made such moves in the past.  Some organizations have track records of transitioning their in-house lawyers into management or executive roles, while others virtually never do.  Once hired, the lawyer needs to

We often help road blocked lawyers to springboard to a higher position in another company’s legal department, either in the same industry or a different sector where their skills transfer.  Some lawyers fear that specializing in an industry may pigeonhole them, resulting in fewer career options when much of the time it is exactly the opposite effect and a specialized industry lawyer is more attractive.  To increase potential future opportunities in a specialized industry, choose an industry positioned for growth such as healthcare, eldercare, high technology or energy.

2.  Same Position, Increased Satisfaction. 

Alternatively, if you are in a secure but dead-end position you can seek other avenues of success without changing jobs.  Instead, look outside your current position to find skill development opportunities. Some lawyers achieve personal satisfaction by making speeches and writing articles or polishing their expertise and becoming their company’s go-to authority on an arcane but necessary subject.  Other lawyers enjoy mentoring within their companies or participate outside organizations by teaching at a local law school, college or paralegal program. Perhaps there is a cause you can assist with on a pro bono basis. Or, you might achieve recognition through a bar association or community leadership.  If you shift your expectations of your current position fulfilling all of your career satisfaction needs, a rich and rewarding career is possible without leaving your current position.  

While many lawyers seek the advantages of an in-house law career, it can present roadblocks and dead ends just like opportunities in private practice, governmental and non-profit jobs.  Keep these considerations in mind as you weigh your career options and plan your next career moves.

“The candidate wants our position.”  Historically, it was thought that a lateral partner would move to another firm because they were disgruntled.  This basic premise is false. It is a lot of work to move one’s practice and simple unhappiness is typically not a big enough reason to make a move.  Rather, a lateral partner moves their practice to another firm because of the platform; the opportunity to increase one’s clients, expand services to current clients, and increased income.

With a common misnomer of “a law firm, is a law firm, is a law firm” how does a lateral even evaluate a “better fit” or better platform?  Many times an interview process consists of both sides putting on shiny faces and discussing or exchanging surface information. On the surface, firms can look similar.  By digging a little deeper it is easy to see that not all firms are alike. And, the fact is, some firms are a better fit for certain people than others.

Senior lawyers whose compensation is based on a combination of individual performance and firm performance, whose practices are portable and whose client relationships are strong, need to know a lot more about a prospective opportunity.  And it is okay to ask!

After all, the firm where the lateral partner candidate wants to be is one that values lawyers who make important decisions based upon gathered information at the appropriate time.  The firm where the candidate does not want to be is one that does not want to provide the information.

The lateral partner candidate does not need to produce a formal questionnaire to get answers to questions.  Rather, the lateral partner wants to pay attention to all of the conversations, as to pick up bits and pieces of information along the way.

Some information is time sensitive and the best time to exchange that information is when the firm serves up their Lateral Partner Questionnaire; in a sense an “I’ll show you mine if you show me yours”  exchange. In this way, the exchange of sensitive information can seem less awkward and continues the good faith effort and interest on both sides to continue conversation.

Here is the Lateral Partner Checklist; the questions that will ensure the collection of the relevant information a lateral partner will need to evaluate a prospective firm/opportunity:

Firm Governance/Leadership Structure

• What are the committees?  How are people elected to the committees and are there term limits?  Is the firm organized by practice groups or locations? What and where are the profit centers?  What is the firm management structure (in addition to lawyer managers?)
• Ask for information on the number of partners, associates and support staff.  How are people staffed on matters? What is the compensation structure including billable hour expectations for associates and staff?  What is the attrition rate/longevity of partners, associates, staff?  
• What is the firm’s mission?  Core Values? Differentiators/uniques?

Growth Strategy/Lateral Hiring

• What is the success rate in hiring laterals?  How many has the firm hired? What is the attrition?  Why?
• What is the strategic plan over the next 1, 3, 10 years?
• What is the potential/interest in merging?
• What practice areas are targeted for growth?
• What practices are of interest to add or contract within the firm?    

Financial Information

• What are the firm’s liabilities?  (including debt and leases)
• What is the make-up of the firm’s annual billings – what clients make up what % of the firm’s revenue/billings annually?  If there is a short list of clients that make up the majority of the firm’s billings, you may want to ask more questions.
• What are the firm’s billing rates for all lawyers, associates and partners?  Review the billing rate differences for practice groups and locations.
• Alternative fee schedules.  Is the firm using alternative billings for clients?  In what practice groups? With what clients? Do individual lawyers have flexibility to make these decisions in their own practices?
• The following data should be collected for the current year and the last two years:
  1. Profit per partner
  2. Revenue per partner
  3. Average billable hours – partners
  4. Average billable hours – associates  
• Ask for copies of financial statements for the last three years.

Partnership 

• What is the partnership structure?
• What is the retirement policy?  Is there a mandatory policy? Is there a payout?
• What are the business development expectations?  How is business origination allocated (by client or by matter?)
• Is there credit given to administrative duties?  Pro bono activities? Marketing activities?  
• What is the compensation system?  Is it open or closed? How are decisions made?
• What is the timing of payouts to partners (when draws are made, bonuses distributed)?
• Is there and what is the capital contribution?  What is the condition of repayment?
• How is succession planning thought of/practiced?
• Ask for a copy of the partnership agreement.

Practice Growth:  Marketing/Business Development

• What is the marketing support available?  Are their marketing budgets per partner? Is their internal business development support available?  Are there examples of marketing/business development success for partners?
• Learn about cross-selling philosophies, practices, success stories.
• Professional Development – What coaching/learning/training opportunities are available/supported?
• What is the pro bono philosophy?
• Community involvement philosophy?

Timing is everything.  It is easy to scare off or offend an attractive prospect by coming on too strong too fast.  Use your judgment in soliciting information. Prepare for meetings and ask good questions along the way.  Everyone’s time is valuable so use each visit, each conversation wisely. With each interaction, you want to come away with more tangible information that you can use to evaluate the opportunity and ultimately make a good career decision.