Legally Speaking – Legal Recruiter Blog

Shannon Green

Corporate Counsel

05-17-2013

The U.S. legal system is the world’s most costly, according to a study released this week [PDF] by the U.S. Chamber Institute for Legal Reform (ILR). The study, conducted by NERA Economic Consulting, showed that the American system costs about one and half times more than the Eurozone average.

The NERA study compared liability costs as a percentage of a country’s gross domestic product. The 13 countries included in the study have similar levels of regulation and legal protection, leading analysts to conclude that higher costs could be attributed to more frequent and/or costly claims.

The U.S. costs were about 1.7 percent of GDP. Countries on the low end of the range—the Netherlands, Belgium, and Portugal—had costs around 0.4 percent. Legal liability costs in the U.S. were found to be about 50 percent more than costs in the U.K.

ILR president Lisa Rickard says excessive litigation is putting U.S. companies at a competitive disadvantage globally. Lawsuits create high costs for businesses, she says, and they affect consumers, employees, and the overall economy.

“The worse a litigation system becomes in a country,” says Rickard, “the more companies think twice about whether or not to do business there, to locate there, to expand there.”

A Reuters article Thursday cited antitrust plaintiffs lawyers Douglas Richards and Michael Eisenkraft, who counter the ILR survey’s conclusions. The lawyers central argument is that many of the pro-business procedures, “made on an ad hoc basis rather than through a formal rule process, have compounded ‘the problems of cost and delay that they often were ostensibly intended to solve.’ ”

ILR also released the results of a survey of 800 registered U.S. voters’ views on class action lawsuits [PDF]. Sixty-nine percent of respondents said they thought there had been an increase in abuse of the legal system over the last decade.

The U.S. Chamber of Commerce represents businesses of all sizes, and problems with the legal system are worrisome for all members, according to Rickard. “It doesn’t matter if you’re the largest company in the world or a one-person solo proprietor,” she says. “There is an equal level of concern about this country’s lawsuit abuse.”

Smaller business may be just one lawsuit away from shutting down, she says. But larger, deep-pocketed companies are usually the targets of plaintiffs lawyers. “Entrepreneurial trial lawyers target them, particularly in class action litigation,” she says, “because they know at the end of the day the company will end up settling because it’s just not worth the time, expense, and impact on shareholder value to litigate those cases.”

ILR promotes reform to the civil justice system. Rickard says there have been some recent improvements to the litigation system in the U.S., including the Class Action Fairness Act of 2005, which expanded federal jurisdiction over many large class action lawsuits. But if the litigation system is to become competitive with other industrialized nations from a cost perspective, she says that more reforms are needed.

The voter poll on class action suits raised similar concerns in the civil justice system. Eighty-nine percent of voters surveyed found it at least somewhat problematic that lawyers, not plaintiffs, receive most of the money paid out in class action lawsuits. Sixty-one percent found the practice to be a significant problem.

Of the respondents who had joined a class action lawsuit in the past, only 14 percent reported having received anything of value as a result.

Plaintiffs lawyers argue that civil lawsuits, particularly class action suits, are necessary to ensure products sold are safe for consumers. Sixty percent of respondents acknowledged that lawsuits offer at least some benefit in that respect, but just 19 percent said the benefit was significant.

“Far from helping consumers, the U.S. litigation experience really does show that consumers are not better off in terms of their pursuit of justice,” says Rickard, “and that the system really benefits the lawyers that control it more than it does the consumers.”

Please weigh in with your comments.

It’s the eternal question. Should I do what I love, money be darned, or should I go for the big bucks, idealism be darned? Just how much should money factor into your career decision? It’s a big question, one that you can’t be expected to have a ready answer for right out of school. And it’s an ever-evolving question, the answer to which will likely change throughout different stages of your life. The answer isn’t easy, but, as always, there are both practical and personal things to consider.

Choose Your Field

Different fields have different compensation standards; research average salaries for careers in your field. Typically, for example, someone in a technical or engineering field can realistically expect to make more than someone in an arts or service field. But also keep in mind that where you start doesn’t necessarily determine where you’ll finish. Your field doesn’t have to limit you. There’s creativity to be found in utilizing your individual skills to create your own unique niche. The maxim “Do what you love and the money will follow” is often true.

Leverage Your Skills

You can also leverage your skill set and passions in different ways. If you’re an English major, a future in teaching or publishing isn’t set in stone; you could use your writing skills in the communications or public relations department of a big company. If art is your passion, consider a commercially viable creative path such as graphic design. Every industry you can think of needs a whole team of people with different skill sets behind it.

Intangibles vs. Tangibles

No matter what, there are two tangible aspects of your life to which your work is undeniably tied: money and time. What you do does determine how much you earn, and how much you earn reasonably affects other aspects of your life, like how much time it will take to pay off student loans, how much you can save, how much you can afford to spend on essentials like rent and groceries, and how much you have left over for luxuries and fun. Living on less isn’t impossible, but will involve some budgeting and prioritizing. You might have to look into free or cheap fun things to do and (gasp!) learn how to cook. In terms of time, different fields require different time commitments from their employees. An investment banker far out-earns an editorial assistant, but makes up for that money working double the hours. Are you willing to put in all the hours required in a demanding position, or would you rather spend fewer hours at work and have more free time to yourself? There’s a reason they say “time is money.” If anything, time is more important than money. No one lies on their deathbed wishing they had more money, but everyone wishes they had more time.

On the other hand, there is a huge intangible aspect of your work, the importance of which is equal to or greater than that of the tangible aspects: job satisfaction. Do you find fulfillment in your work? Do you wake up every morning dreading the day to come, or do you wake up in the morning in anticipation of it? Do the hours at the office drag or do they fly by? Hours spent at the office don’t seem like a burden if you enjoy every second.

Read the rest…

We all know today’s legal market continues to evolve and it certainly presents unique challenges. With the uncertainly still looming over the financial markets, many law firms continue to streamline their ranks and trim compensation for partners whose business has fallen off. It is not uncommon to push partners into early retirement or into counsel positions for those who are no longer producing at an acceptable partner level.

So…in light of these not so attractive elements, how do you stay nimble and place yourself in a position to exact the most benefit from the current market situation? How do you maintain a vital position and keep your firm enamored with you?

Answer: Do some soul-searching and ask yourself these thought-provoking questions. If you answer them honestly, they will help you determine if you should stay the course with your current firm or start to look for new digs.

1. Are you satisfied with your firm’s reputation in the legal and business communities?
2. Is your firm well managed?
3. Are you optimistic when it comes to the financial health of your firm? Do you believe management is making the right decisions regarding the firm’s future?
4. Does your firm provide the platform you require for building your practice? Does your practice coincide with the strategic vision of the firm?
5. Is the firm committed to marketing? Does the firm provide you with the resources you need to successfully market your practice?
6. Are firm billing rates compatible with your specialty and your clients and has your firm adopted a flexible billing program?
7. Do you have the opportunity to participate in important departmental or practice decisions? If you desire a leadership role in the firm, is that a real possibility?
8. Do you feel you are compensated fairly when compared with your peers at your current firm and with those at similar firms?
9. Is your firm a good cultural fit? Do your peers share your views of work/life balance and superior client service and reputable character?
10. Does the firm’s physical surroundings provide an atmosphere where you can be productive?
11. Do you feel respected and valued by your peers? Do you respect and value your colleagues’ legal work? Are you comfortable referring your clients’ matters to them?
12. Do you receive adequate support from other partners, associates, paralegals and support staff in order to get work done in a timely fashion?
13. Is the firm committed to pro bono work and community service in a way that coincides with your values and beliefs?
14. Does the firm have a fair policy for recognizing cross-marketing and service to yours and others clients? Is there equality regarding how much work you receive from others as opposed to how much work to you throw off to others?

Article as seen on Law.com – By Gina Passarella of The Legal Intelligencer – March 14th, 2013

As the final pieces of the America Invents Act are about to go into effect March 16, intellectual property lawyers are scrambling to get thousands of last-minute patent filings in before the old rules expire Friday.

And with firms inundated by clients’ interest in updating their patent filings before the country moves from a first-to-invent to a first-to-file patent system Saturday, those lawyers expressed concern that the servers at the U.S. Patent and Trademark Office may not be able to handle the surge in online filings.

Attorney Kenneth N. Nigon of intellectual property boutique RatnerPrestia in Valley Forge, Pa., said his firm has been asking clients to file in advance of March 15. He said a number of clients were looking to file last week and this week. The firm — which Nigon pointed out is just one of hundreds of patent firms across the country — has more than 120 applications currently waiting to be filed before Saturday.

“Because of that we also are kind of wary and think the patent office electronic filing system may not be able to handle it,” Nigon said. “We’ve also prepared our in-house staff to do paper filings if need be.”

Aside from the Saturday date for implementation of the new patent system, Nigon said he would expect another round of increased filings in advance of March 19, when filing fees are set to increase.

Cozen O’Connor intellectual property attorney Kyle Vos Strache said in a typical week he may personally file a handful of applications. This week, Vos Strache said, he anticipates filing dozens.

“I imagine the patent office is going to be incredibly busy come Thursday and Friday,” Vos Strache said. “We’ve really been pushing clients to get us responses to our drafts in the last two or so weeks and not this week. It’s hard to say whether the servers at the patent offices will be able to handle it.”

Vos Strache said he is trying to be proactive and avoid filing anything Friday. He said there is “truly that potential for something to go wrong” in this situation. To avoid that as best as it can, Cozen O’Connor has approved its attorneys and staff to work late all this week to get everything done, he said.

Buchanan Ingersoll & Rooney‘s intellectual property group co-chairman, Michael L. Dever, said there will most likely be a “huge spike” in application filings Friday. That is something the USPTO had been preparing for, he said.

The USPTO is not expecting a problem this week. The office said it “has deployed sufficient server capacity to support any potential surge.”

Read the rest…

Originally seen:  Law.com – March 8th, 2013 – By: Tom Huddleston, Jr.

Legal hiring rebounded slightly last month after suffering a major drop-off in January, with the industry adding 200 jobs, according to seasonally adjusted preliminary employment data released Friday by the U.S. Bureau of Labor Statistics.

The initial estimate of February’s modest gains comes a month after the BLS reported that the legal industry had shed 2,400 positions in January.  The positive news contained in Friday’s report was, however, offset by a revision to the preliminary January figures that pushed that month’s estimated job losses up to 3,500. (Friday’s report showed the agency’s December estimate holding steady at 1,900 jobs gained for the month.)

Factoring in Friday’s hiring estimates, the legal sector now employs 5,000 more people than it did at this point last year and roughly 1.125 million people overall—about 50,000 fewer than it did at its prerecession peak in 2007.

Overall, the U.S. economy added a better-than-expected 236,000 jobs in February, according to The New York Times. The uptick dropped the unemployment rate to 7.7 percent, the lowest it’s been since December 2008.

As discussed last week, navigating the current legal market and making decisions about the future of your career can seem rather daunting. Here’s a step-by-step guide on how to decide which changes to make and how you should make them.

1.  Evaluate the Market

Before you performed any science experiment in school, you had to gather background information.  Why wouldn’t we take the same approach to changes in our career?  Consider the attorneys who have recently been “let go” at your firm, those who have moved from one firm to another within your practice area and large advancements or downfalls in the practice you are interested in.  Factors similar to these aid you in developing a clear picture of the market as it relates to your career and ensuring you aren’t stepping into the path of a landslide.  Utilizing publications such as American Lawyer Daily and, more specifically, The Churn is key to keeping abreast of the current legal market.

Another website I suggest you take advantage of is HG.org.  HG.org has a truly helpful section of their website where you can research an area of law and locate a list of related organizations and articles where you might discover unique offshoots for your practice.  The site also shows the differences and similarities in the area when practicing in the United States versus internationally.

2.  Use Your Resources

In this day in time it’s no longer all about WHAT you know, it’s more about WHO you know.  That’s right, I’m talking about networking.  Networking is not a merely a way of getting a new job, it is also a great way to gather information.  Unless you work at a boutique firm, your firm probably has lawyers who do the kind of work you are considering.  What would it hurt to ask them about their work?  If you do not have access to such attorneys in your office or firm, it would be beneficial to consult friends and colleagues who do have access to get answers to your questions.  Or, take time to network at local political and social functions which are frequented by area attorneys and familiarize yourself with those who practice in your area of interest.  Spearhead a fundraiser for the cause and invite those attorneys to assist you, then ask questions during your meetings.  With this approach, you may also acquire an ally at that law firm should you ever decide to leave your current firm.

You should also consider calling your other legal contacts who are not necessarily attorneys.  Any legal recruiter who knows the ropes would be able to give you with an idea of what you are getting yourself into with this change as well as provide unique insight from attorneys with whom they have worked, including the good and the bad aspects of the practice area.  Your seasoned law school professors can also give you information from personal experience, study or contacts about the area of law you are considering.

3.  Gather Clientele

Let’s start with the easiest way to gather clients, shall we?  You already have clients in your primary practice area and they obviously like your work or they wouldn’t be your client.  Contact your existing clients to let them know to better serve their needs, you have expanded your practice to include “XYZ” work and would be honored to assist them in any matters related to both areas of law.

For bringing in new matters, I would suggest speaking with other attorneys in the practice area to let them know you have expanded your practice and would be glad to assist them.  It would also be a good idea to speak with the chair of the practice (if there is one) and let him/her know that you are interested in helping with any new matters that come available.

Another great way to gather clients is through social media.  Not only will advertising your new skill on social media networks attract new clients, it will also show others (and possibly potential employers) that you see the benefits of expanding and investing in personal growth, which is never a bad trait to market.  You should also continue to implement any previous paths you were using to bring in clients.

A Different Direction

Truthfully, another change you may want to make in your career is a change in scenery.  You may feel a sense of loyalty to your current firm, but you must ask yourself, “Is this firm giving me the support and platform I need?  Am I getting looked over by potential clients because my law firm is not well-known for the work I do?  Will I ever get to the level of seniority I desire at this law firm?”

These are all very good questions to which you owe yourself answers.  However, like the old saying goes, sometimes it is impossible to see the forest for the trees.  If you would like to find out which law firms are best known for in your particular practice area, you may consider visiting Vault.com under the “Rankings” tab or the Chambers and Partners website.  I would also advise you call my office if you desire information about law firms that only someone who has worked with them for 20+ years could provide you.  Please feel free to use any or all of these tips you find to be appropriate to your situation.  Should you determine my services would be helpful to you, whether it is for gathering information or otherwise, I would appreciate a conversation with you.

You’ve been hearing all the buzz about social marketing and so far, you’ve resisted getting on the bandwagon.  Well, it’s time to jump in the fray and sign up!  The main benefit to social networking is that it expands your network and gives you the opportunity to interact with, learn from and market to a variety of people.  LinkedIn is the social media outlet of choice for business professionals and could be your ace in the hole that takes your practice to the next level!  This business networking tool will allow you to extend your reach beyond your current clients and colleagues and tap into a near limitless sea of potential clients and/or resources.  In fact, many law firms encourage and some even require partners to establish LinkedIn accounts.  All that sounds great, doesn’t it?  So how do you get started?  The first step is to register.

Once you’ve visited www.linkedin.com and set up your account, it’s time to build your profile.  Before you begin, first take a moment to determine what you would like to accomplish on LinkedIn.  Do you want to expand your professional network?  Promote your skills and expertise as a draw for new clientele?  Raise your visibility as an expert in your specialty?  Once you determine your goal for LinkedIn, this will help you decide the types of contact you will accept from other LinkedIn users.  Within the profile section, there are eight different contact settings which describe specific reasons for direct contact.  To select your preferences, click on “edit contact settings” and choose the types of contact you will accept.  Make sure to add a current photo to your profile.  It adds a personal touch and also boosts credibility.

Your next course of action should be creating your profile summary.  This information is showcased at the top of your LinkedIn profile and gives readers a glimpse of who you are and what you do.  It is critical that you provide a brief but informative overview which will draw readers in to further investigate your background and experience.  Make sure you include your most relevant experience and information to attract your target audience.  Remember, the more targeted your information, the easier it will be for people to find you.  This is your opportunity to inform others of your expertise.  Since this information is readily available and searchable on Google, just completing your profile will immediately increase your visibility.

The next essential step in your setup process is your employment history.  Since LinkedIn is specifically geared toward professionals, this is one of the most important aspects of your profile.  LinkedIn has an immense company directory built into the site which can help you connect with past colleagues.  For each company in your employment history, fill in the company name, you fill in the full name of the company, your job title, the time frame of your employment, and a description of your job duties.  It is a good idea to have a copy of your biography or CV handy while completing this portion of your profile to insure your dates are accurate and that all pertinent information is included.  As your practice develops and expands, remember to come back often and update your current employment information.

After completing the employment section, you’ll next tackle your education.  Just click on the “add education” link and you’ll get another helpful form.  You’ll notice that when you select the state, LinkedIn will provide a pull-down menu containing a list of schools from which to choose.  Enter your degree, your major, dates attended and any relevant accolades or accomplishments.

LinkedIn profiles also provide a section where you can list your specific skills and expertise which potential clients may be searching for.  Here’s an example:

You’ll notice pictures next to specific skills and expertise.  This feature allows clients to endorse your experience.  This feature is a GOLDMINE and an excellent way to get your name out there.  So don’t be afraid to ask clients to endorse you on LinkedIn.

To add more impact to your profile, LinkedIn has recently added additional sections which provide the opportunity to emphasize a wide variety of events including:

• Certifications
• Courses
• Honors and Awards
• Languages
• Organizations
• Projects
• Patents
• Publications
• Test Scores
• Volunteer Experience & Causes

You can also select applications through which you can provide your lawyer ratings, highlight upcoming travel for seminars, conventions, etc., showcase slide share presentations which exemplify your expertise in your practice area, and LinkedIn will continue to add to these applications as new ones become available.  Another perk LinkedIn provides is the opportunity to share your web sites, interests, groups and associations.  Once you’ve completed all the sections, review your profile as others will see it by clicking on the “view profile” tab.  Once you’ve determined that all the information is accurate and is formatted as you like it, the last step is to set your profile for public view so people on LinkedIn who are not in your network can find you.  To do this, click on “edit public profile settings” on the right, select “full view” and choose the features you want to be visible to anyone who finds your profile.  Make sure to save your changes.

Now that your profile is complete, one way to immediately increase your visibility is locate colleagues and friends on LinkedIn and send them invitations to connect.  Once you connect with those you already know, you will immediately be visible to their contacts, also.  You’ll also have the ability to review their contacts and then send invites to those who provide beneficial networking opportunities.

While utilizing LinkedIn, there are 5 points to remember:

1. While on LinkedIn, your focus should not only be selling. The value of your expertise and open sharing of resources and ideas is well worth the time investment alone. Being able to tap others for references or to recommend someone you know to a connection has incredible value and is super easy to do. Reviewing new connections' profiles and then their network can give you opportunities to join new conversation groups and to connect with people with common interests in your industry. To do this, you can either introduce yourself to a new connection directly (if they have that option enabled) or ask your common connection to introduce you. Remember, you get five free introductions with your LinkedIn account set up. After that, you can buy more.
2. Responding to "Questions and Answers" can help to educate you and to share your knowledge with others. Each time you answer a question the information is posted to your profile allowing others to see your insight and style.
   
3. Asking for a recommendation is easy and painless. You can even ask for a revision gracefully if you do not like what someone has said, and you have the option to post the recommendation or not in your profile. If you decide to use the recommendation on other sites or in print media outside the LinkedIn site, best business practices recommend that you ask the author for approval. What a great way to build your authority for your services and products in an easy, unthreatening, and painless way.
4. Have fun and invest 15 minutes each day to add new connections either from new prospects you have had the previous business day or by reviewing connections of your connections and looking for common ground to connect with new people.
5. When a prospect contacts you by email through your website, make sure to not only add their email to your e-newsletter subscriber list, but also invite them to connect with you online with LinkedIn. Make sure you have noted in your privacy policy on your website what you will do before you do this to prevent a problem. Although you may not create a new client, by adding the individual to your network, you retain a way to easily share information back and forth and keep connections up-to-date with new services offerings, promotions, new white papers, and other things that bring value to your relationship that may lead to a possible future clients or recommendations.

Looking for more helpful information?  Need expert career counseling?  Visit www.grimeslegal.com or call 800-875-3820.

The National Law Journal reports that as of mid-January there was a 20 percent decline in applicants for seats in American Bar Association-accredited law schools, and the AM Law Daily speaks of the recent British law firm lay-offs and poses the question: Will U.S. firms be next? From massive firm lay-offs and talks of restructuring legal departments to an immense decline in the number of law school applicants, the handwriting is definitely on the wall – the legal industry is changing. So I ask you: Are you prepared to change with it? Are you ready for the new “normal”? While it can be difficult to determine what to do in this new market, it is crucial that you explore creative solutions and determine which options will best suit your goals, personality and skill set. There are many options, but doing nothing isn’t one of them (check out our blog post to learn why).

An up-and-coming trend you may want to consider with endless rewards and possibilities is contract work. An independent contractor (IC), as it relates to the legal industry, is a lawyer who, instead of being a salaried employee with a particular law firm, is “contracted” to work on particular cases or for a designated time period for one or several law firms. Working as a contract attorney could be your safety net until you determine which direction you’d like to go in your career.

You are only as good as the people you know in today’s job market. One of the benefits of contract work is that it provides you the opportunity to make connections and get your foot in the door of many notable firms. Making these connections with recruitment coordinators and partners may be just what it takes to give you an edge when it comes time to recruit new lawyers. It doesn’t hurt that the employer gets to see a few samples of your legal work, either.

Besides helping you make connections, another perk contract work offers is flexibility. You control how much time you spend working on projects and how many projects you take on. Contract work can be used to supplement the income you are already receiving at your current firm or you can make a full-time job of it. It is also flexible in that it allows you to work on projects from any location – the office, from home, the hotel while on vacation or while visiting your mother.

You may be thinking, “OK, I’m listening. So how do I even get started working on projects for these law firms?” Fortunately, I have the answer for that. GLI/Global Legal Recruiting network has a sister company called GTS that has potential projects in 30 different locations in the U.S. as well as in more than 77 countries, which means we anticipate a continuous, steady stream of interesting projects. If you are interested in working on projects or have any questions regarding available opportunities or contract work in general, I would be happy to be of assistance. The legal world is changing – wouldn’t it be more savvy if, instead of getting wiped out by the title wave, to instead be prepared to ride the wave in the sea of change. Isn’t it great to have choices!

Sara Randazzo

The Am Law Daily

01-25-2013

Law firm layoff news ran rampant this week overseas, with Allen & Overy, DLA Piper, and Eversheds all confirming office closures and other structural overhauls affecting lawyers and staff.

At Eversheds, up to 166 positions worldwide—made up of 82 lawyers, including partners, as well as 84 staff—could be eliminated as part of a new three-year strategic plan, according to a statement from the firm.

The cuts come as Eversheds, which does not have any offices in the United States, shuffles management in Asia, closes its Denmark office, and changes the way it structures business functions in the United Kingdom. The firm’s real estate practice, among others, is also being closely scrutinized. “Our view is that some markets in which we operate have undergone fundamental change, rendering our current structure unsustainable,” Eversheds chief executive Bryan Hughes said in the statement.

Allen & Overy, meanwhile, is ramping up efforts to outsource support services to a back office in Belfast. A total of 43 roles will move to the Northern Ireland city, including positions currently held by employees in the U.S. and in European offices such as Amsterdam, Brussels, Frankfurt, and Paris. The firm said in a release that it will offer relocation packages to those affected, and that no lawyers are included in the changes.

The firm’s Belfast operation, which launched in fall 2011, is akin to those of U.S. firms including Orrick, Herrington & Sutcliffe’s Wheeling, West Virginia, back office; Pillsbury Winthrop Shaw Pittman’s Nashville location; and Bingham McCutchen’s soon-to-open Lexington office.

“With low economic growth across many developed markets, we must ensure we are operating in a way that will deliver the cost efficiencies our clients expect of us, so that we may protect the long-term competitiveness of our business,” Wim Dejonghe, the global managing partner for Allen & Overy, said in a statement.

Lastly, a DLA Piper spokesperson confirmed reports in the British legal press that the firm is closing its Glasgow office, shedding its insurance defense practice, and consolidating its document production unit. Of the 85 people currently in Glasgow, 45 jobs will be lost, according to the firm.

The changes are similar to efforts being made by Am Law 200 firms, says Zeughauser Group consultant Kent Zimmermann, though so far in 2013 none domestically have garnered such high-profile attention.

“These are not outliers. They’re not anomalies,” Zimmerman says of the recent layoffs. “It is something that’s happening quietly in many, many firms in the industry.” Zimmermann says he’s spoken with three managing partners of major firms in the past week, each of whom said they plan to make cuts in the first half of the year. (He declined to identify the three firms.)

With so many staff and associate reductions made over the past few years in an attempt to cut costs during the recession, Zimmermann says that he thinks the next round of layoffs will more negatively affect partners.

The American Lawyer’s most recent survey of law firm leaders, published in November, backed up that sentiment. Among the respondents, 45.5 percent said they had deequitized partners in the past year, which is often the first step toward asking a partner to leave. Roughly the same percent said they expected to do so in 2013.

Staffs were certainly not immune from layoffs over the past year. Dorsey & Whitney, for instance, trimmed 20 support staff from its ranks last summer, while Greenberg Traurig laid off staff to achieve a four-to-one attorney-to-secretary ratio, according to sibling publication the Daily Business Review.

Reuters reported in August on staff layoffs at Fish & Richardson and Fulbright & Jaworski, the latter of which was announced in a November merger with London-based legal giant Norton Rose. Legal blog Above the Law also noted potential stealth layoffs at Dickstein Shapiro and Winston & Strawn.

A few Am Law 200 firms also decided to shut offices last year, either as the result of partner losses or a strategic shift away from a given market. Baker & McKenzie announced the closure of its San Diego office in March; Pillsbury Winthrop Shaw Pittman exited the Orange County, California, market in June; and Nixon Peabody closed its Paris office in December. (The news wasn’t all bad, however; The Am Law Daily has covered dozens of office openings in the past year.)

The collection of changes, in Zimmermann’s opinion, all point to a similar cause: “As pricing pressure from clients continues, firms have become less tolerant of chronically underperforming lawyers, practice areas, and offices. That’s resulting in more cuts.”

Brian Baxter contributed reporting.

Copyright 2013. ALM Media Properties, LLC. All rights reserved

Oprah Interview Marks Beginning of Armstrong’s Next Legal Battle
Brian Baxter
The Am Law Daily
01-18-2013

UPDATE: 1/19/2013, 1:45 p.m. EST. The 33rd and 34th paragraphs of this story have been updated with information gleaned from a Form 990 filing by the Lance Armstrong Foundation.

Photo by Timothy A. Clary/ Newscom

Lance Armstrong’s decade-long fight to clear his name of performance-enhancing drug use officially ended this week with a much-publicized interview with Oprah Winfrey.

“I view this situation as one big lie I repeated a lot of times,” Armstrong told Winfrey in his prime-time televised mea culpa. “This story was so perfect for so long . . . [but] it wasn’t true.”

The web of lies built by Armstrong—who famously beat cancer and went on to win a record seven consecutive Tour de France titles—has kept lawyers from nearly a dozen Am Law 200 firms busy in litigation and arbitration proceedings that have generated enough affidavits, emails, and depositions to top the Pyrenees.

Now retired, Armstrong no longer scales the alpine peaks of Europe, but the disgraced cyclist’s terse admission about using banned substances could put him back on a steep legal path—one that could land him in federal court or even bankruptcy. First and foremost on Armstrong’s watch list is an investigation into charges of fraud, drug trafficking, and witness tampering, which was dropped by the U.S. Department of Justice in February 2012.

Armstrong could also still be on the hook for perjury charges. While the statute of limitations for perjury is five years in a criminal case and four years for civil actions, says Marty Steinberg, the former head of the commercial litigation practice at Hunton & Williams, those timeframes can be extended if prosecutors bring RICO or conspiracy claims. (Steinberg represented former St. Louis Cardinals slugger Mark McGwire during congressional hearings into the use of steroids in baseball.)

Steinberg, who left Hunton last year to cochair the litigation practice at Miami’s Bilzin, Sumberg, Baena, Price & Axelrod, believes that Armstrong’s public apology for wrongdoing might be part of a deal with the Justice Department.

“[Armstrong] strikes me as a deliberate, calculating guy, so there must be some other motivation here,” Steinberg adds. “His personality isn’t one to apologize, because he didn’t for a long time. His lawyers must have looked into this—forgiveness is not immunity.” Read the rest…