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FAQs
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A marketing and branding company has a new prospective client: a law firm. What would be the most important questions you would add to a questionnaire for the head lawyers in the law firm to fill out?
I would not, as a mediator and digital marketing professional, rely on a questionnaire. I’d schedule a complimentary 30 minute initial phone consultation to see if we’re a good fit for each other based on anticipated ROI needed to make it viable for them and if the lead person is available for discovery and can coordinate desired objectives clearly with senior staff beforehand. If we’re a good fit (as in we both want to knock one out of the park and objectives are realistic and achievable) then I’d want to schedule at least one or two discovery sessions to dig deep into firm structure, firm practice(s), ideal clients and demographics, perceived branding, staff information, and establish a marketing plan for going forward.That might sound like alot, but it’s really not for one or two in-depth discussions. It probably helps to know at least a little bit about legal practice types and what’s involved in legal proceedings (again, at least to a minor extent so you know about confidentiality needs and procedures they might want help with later on).
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Why is it so difficult to start your own law firm straight out of law school and passing the bar?
First and foremost, law school does not teach anyone how to practice law. A newly minted law graduate will typically have no idea how to assess a new client’s case, how to decide what the appropriate steps are — not just legally, but economically — how to file the suit, if any, and how to respond to the sudden avalanche of interrogatories, responses, answers, demurrers, requests for admission, and so forth. Law school doesn’t teach you about the myriad forms every court uses (which typically vary from court to court and county to county, lip service to court unification and streamlining notwithstanding). Nor does it teach you how to operate a practice, or which laws and regulations are most pertinent for your practice (hint: they’re not the ones in your casebooks or on the bar exam).All of the above was also true in the past, but in the past it wasn’t as dangerous or risky a proposition. In almost every field of practice, the laws and regulations were much simpler and could be mastered fairly quickly. The pace was much slower; without computers or the internet, lawyers were not expected to crank out an infinite number of drafts. The sheer bulk of the law and of the paperwork is vastly greater than it was a generation ago—ask any lawyer who was admitted to the Bar before 1975 or so. Malpractice lawsuits against lawyers were extremely rare. Today, with almost every step you take, you are putting yourself and your clients at risk. Even very experienced lawyers get routinely tripped up by the maze of statutes, regulations, case law, rules of court, shifting ethics requirements, continuing education requirements, and, increasingly, malpractice prevention requirements—all of which they are presumed to know exhaustively, based on the precept of constructive notice. That’s on top of the usual requirements of running a business — cash flow, paying taxes, capital investment, dealing with employees and personnel problems (payroll, discrimination and harassment issues) and so forth.All of which brings us to the second major point: running a law practice is not an intellectual exercise, but rather a business, and as with any startup, the fledgling entrepreneur needs to conduct market research, determine the area of practice in which he or she wishes to specialize, and ascertain whether the location in which he or she wants to open up shop can sustain another solo attorney (hint: in most urban areas, it probably can’t, and in most small towns and rural locations, despite blather about less popular locations being “underserviced,” it almost certainly can’t). In other words, you need to get clients, fast, and since you have nothing to offer that a hundred mediocre attorneys already there long ahead of you cannot offer far better at the same or even lower prices, you are automatically at a disadvantage. Forget notions of personal working relationships. Clients who go to lawyers, particularly a new solo one, typically (1) want to sue and hence get something for nothing, or (2) want to get out of paying compensation for something bad that they have done.Any reputable guide to entrepreneurship will tell you that undercapitalization is the single most signNow reason that most new businesses fail. Translated into more prosaic language, this means that you need to have a fair amount of money on hand — not just for paying the office rent, bar dues, malpractice insurance, and even for suits, ties, dress shirts, and leather shoes (really), and other work-related expenses, but also enough cash on hand to cover at least two years’ worth of living expenses. This point cannot be stressed enough. For example, if you are foregoing a $50,000 job which would leave you roughly $35,000 after taxes, you need to have about $70,000 on hand above and beyond the business expenses. Oh, and above and beyond any student loans you might be paying back.The whole notion about entrepreneurship simply being a convenient, inspiring option in lieu of an ordinary drudge’s job is nonsense. It’s strictly economics and finance — subjects that are often beyond law graduates, because poor math skills were what drove them to law school in the first place. If you can’t come up with the startup capital, no matter how good you are, it isn’t going to work. If you are already in debt, it’s that much more difficult.In short, the entire system is arrayed against you, and it isn’t simply a matter of bringing more grit and determination to muster. A new lawyer is de facto incompetent. The market is completely saturated. And the startup expenses are considerable. All of this is compounded by the usual stress and misery that law practice entails even under the best of circumstances.
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How much does someone fresh out of law school but joining a top law firm in NYC expect to make?
Market rate for first year associates in NYC right now appears to be $190,000 per year.This information is publicly available. Go to NALP Directory of Legal Employers.Just type in a firm name, office location (NYC) and run a search. Go to compensation and benefits for attorneys. I ran a search for Skadden (AmLaw 100 firm and top global firm). It says that first year associates in the New York office start at $190k per year, base salary. You can expect the “top firms” in NYC to either match that or come close. It also lists billable hour requirements.Many firms provide this information to NALP (National Association of Law Placement). See their website, The National Association for Law Placement, for information about recruiting and what to expect as a summer law clerk or first year associate.Keep in mind, the firm “official” billable hour number on paper as reported to NALP is usually not what the associates are working. Skadden’s listed number is 1800 per year. To anyone familiar with billable hours, that number looks benign and manageable. Forget that number. A first year associate at any “top firm” in NYC will work much, much more than that.
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How accurate is Suits (TV Series) in depicting real life of an associate or partner at a prestigious law firm?
It comes a lot closer to being accurate than most programs. Every Hollywood production is going to be inaccurate, because it cuts out all the boring stuff that people do, and adds sex appeal to the stuff that remains. Most cops aren't investigating bizarre serial killings and getting in shootouts on a weekly basis, either. Watching TV or movies, one would come away with the idea that trial lawyers pretty much just get to try cases or take depositions 24/7. That, of course, is not reality--the vast majority of cases never go to trial, and there's a ton of preparation that goes into things like hearings, depositions, etc. But who would want to watch a show about preparing for a deposition? I certainly wouldn't, and this is what I do for a living!That being said, I think that Suits does a good job of depicting at least some of the less glamorous work that associates are asked to do, and the personalities/politics that exist at large law firms. It's highly inaccurate, but it is much closer than recent shows like The Practice or Boston Legal.
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What is the best way to fill out a team after launch where the product was built by an outside firm?
I hope I can help you with this, I was in a rather similar situation not so long ago.Your answer is pretty simple, you need a technical co founder. While you don't necessarily have to have this person to raise money, it will certainly make fundraising a heck of a lot easier.You should be looking for someone who believes what you believe about the problem you are solving. Someone who is as passionate as you are about your particular problem and field. This person should be willing to work for much less than what they are worth (and they will have to) because they will see the upside, and you will be parting with a substantial chunk of equity.You ought to look at this person not as an expense, but as a partner, and a huge asset.People want to bet on teams, it sounds like you need to find at least one other person to create your core team.It is very unlikely the outside firm is going to be apart of your team going forward. The one thing you might consider is trying to lure someone away from this outside firm, but only if someone from that firm was really interested in your product, and loved what you were doing so much, they are willing to let you pay them less to do what they are already doing. Edit
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How does a law student get into a prestigious law firm out of law school?
By referencing a “prestigious law firm,” I’m assuming that you mean a Big Law firm or, for instance, a boutique that mostly handles appellate litigation.The ProcessThe most common way to become a first-year associate at one of these firms is to become a summer associate between your 2L and 3L years. You work at one of these firms for about eight to ten weeks in the summer and (typically) receive an offer for full-time employment after the program. Some students receive full-time associate offers during their 3L year or even after graduation, but this doesn’t happen quite as often.Therefore, you’re going to want to know how to become a summer associate. This is where it gets tricky. The most traditional path is to interview for a summer associate position during “on-campus interviews” at the beginning of your 2L year. If your interview with a particular firm goes well, you will receive an invitation for a “callback interview,” where you will travel to the firm itself and interview with several attorneys (usually around four to six). After your callback interview, you may receive a summer associate offer. Students typically try to obtain as many callback interviews as possible to maximize their chances of entering Big Law.Law firms used to bring on a good number of summer associates, but they have limited their summer classes after the Great Recession. Therefore, becoming a summer associate continues to be competitive. But if you do become a summer associate, your chances of becoming a full-time associate after law school are much higher.Determining FactorsThere are a number of factors that affect your chances of becoming a Big Law summer associate. From my experience, the most important ones are (1) the prestige of your law school, (2) your 1L grades, (3) your interview skills, and (4) networking.Your Law School’s Prestige: The truth of the matter is that you’ll have more opportunities to interview with prestigious firms during on-campus interviewing if you attend a prestigious law school. Specifically, I’m talking about the top-14 schools in the U.S. News & World Report law school rankings. You may have some opportunities to interview with Big Law firms if you do not attend a top-14 school, but your opportunities will be limited. More interview opportunities mean a greater chance of making it past on-campus interviewing and proceeding to callback interviews.1L Grades: Beyond the prestige of your school, your 1L grades are critical. Simply put, the higher your 1L grades, the better your chances when going into your initial interview. The rub is that 1L courses are graded on a curve, so you’ll be competing with your classmates to obtain high grades. Because everyone attending law school is generally intelligent and hardworking, obtaining high 1L grades is easier said than done.Interview Skills: Your interview skills are another important factor. I interviewed summer associate candidates when I was an associate at a Big Law firm, and it’s safe to say that interview skills did play a role in my decision. You have to be engaging, show that you researched the specific law firm, and provide examples showing how you’ll be a successful summer associate. Further, law firms interview 20 to 25 candidates on a single day during on-campus interviewing. You have to make an effort to separate yourself from the crowd.Networking: Finally, networking can be a way to bypass the traditional on-campus interviewing program. The hard truth is that students at lower ranked, less prestigious schools have to rely more on networking and personal relationships to have a shot at Big Law. They may have to attend more networking events, signNow out to practicing attorneys, and just hustle in order to have a shot. It’s not impossible, but it will be difficult.Check out my website to learn more about law school and legal practice.
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