About.com Legal Careers

Tuesday�s Tip: You�re Never Too Old to Start A Legal Career

Tue, 24 Nov 2009 22:25:34 +0000

I receive many questions from would-be law students asking if they are too old to enter law school. The good news is, you're never too old to begin a career as a lawyer! As someone who graduated from law school at a later age, I can attest that life and work experience can help you succeed in law school and in securing employment after graduation.

Previous professional experience can help you develop a solid work ethic and an understanding of the business world as well as leadership potential, maturity, confidence and motivation. Moreover, work experience may also help you develop skills that are crucial to success in law school and in employment as an attorney, such as writing, communication and logical reasoning skills.

Some employers prefer older law grads because they are often more mature, focused, stable and committed. They often know themselves and their goals better than their younger counterparts and have a more realistic view of the demands of the legal profession.

Moreover, a previous career in another field enables new lawyers bring other skills to the table and analyze issues from another perspective. If you aspire to specialize in a niche related to your previous career - for example, an engineer becoming an intellectual property lawyer or an accountant becoming a tax lawyer - your prior degree and experience will help you stand out from other candidates.

That said, age bias does exist in the legal field and certain employment opportunities may be more limited for older law graduates. You may not find employment with those mega-firms that recruit young graduates with the intent to groom them for future partnership. However, you will find plenty of employment opportunities in small and mid-size law firms, corporations, the government and public interest firms.

Tuesday�s Tip: You�re Never Too Old to Start A Legal Career originally appeared on About.com Legal Careers on Tuesday, November 24th, 2009 at 22:25:34.

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Tuesday�s Tip: Conduct a Conflict-of-Interest Review When Changing Firms

Wed, 18 Nov 2009 09:59:00 +0000

In today's tenuous legal environment, it is common for lawyers to change employers several times throughout the course of their careers. Layoffs, deferrals and downsizing have further increased lawyer mobility in today's market.

In a newly released ethics opinion, the American Bar Association states that lawyers changing law firms must disclose limited client information to ensure that no conflicts exist. Formal Opinion 09-455, "Disclosure of Conflicts Information When Lawyers Move Between Law Firms," acknowledges that ABA Model Rules of Professional Conduct prohibit a lawyer from revealing information relating to her representation of a client. Protected information includes the identity of the client and the issues involved in representation, unless the client consents to disclosure or unless an exception to the rule applies. "Disclosure of conflicts information does not fit neatly into the stated exceptions," the opinion notes, and there are practical difficulties in obtaining consents from all prior clients to disclose their information to multiple potential new law firms.

But the model rules also require a lawyer contemplating a lateral move to adopt reasonable procedures to detect potential conflicts between the interests of the lawyer's current and past clients, and those of the prospective new firm. Most times, "lawyers should be permitted to disclose the persons and issues involved in a matter, the basic information needed for conflicts analysis," according to the opinion, which notes that legal ethics standards are "rules of reason."

Thus, under the new ABA opinion, when a lawyer joins a new law firm, he and the new firm must conduct a conflict of interest review. To ensure there are no conflicts, the lawyer generally must provide the new firm with names of past clients and identify in general terms the legal issues on which she has worked. Most times, this disclosure does not violate a client confidence. But when it would, the lawyer and new firm must find an alternative way to detect and resolve conflicts of interest issues, or the lawyer may have to forego the new relationship.

Tuesday�s Tip: Conduct a Conflict-of-Interest Review When Changing Firms originally appeared on About.com Legal Careers on Wednesday, November 18th, 2009 at 09:59:00.

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Women with Male Names Fare Better in the Legal Industry

Wed, 11 Nov 2009 19:43:50 +0000

The legal industry has long been dominated by men and, despite a recent influx of women to the law field, a new study seems to confirm that "the good old boy network" is alive and well.

The study, led by economist Bentley Coffey of Clemson University in South Carolina, examined the relationship between a person's success in the legal profession and the masculinity of their name. Women lawyers with masculine-sounding first names have better odds of becoming a judge than their counterparts with feminine names, the study found. For example, a female "Cameron" is about three times more likely to become a judge than a "Sue," while a female "Bruce" is five times more likely. Jurists, clients, superiors, professors, legislators, might just feel more comfortable with a woman called "George" than one called "Barbara," the study noted.

"Despite the fact that women made up half of the students graduating from law school in the past 15 years, the legal profession remains a male-dominated world," Coffey wrote. "Consequentially, one would suspect that having a male persona or male moniker might still be advantageous to a career in law."

Coffey and his team used data from the voting population of South Carolina state to test the so-called "Portia Hypothesis." The thesis is named after Shakespeare's play, "The Merchant of Venice," in which the heiress Portia masquerades as a male lawyer to argue before a judge the case of her husband's friend Antonio, saving him for the moneylender Shylock, the NY Daily News reports.

"When we see a masculine name, something in our subconscious is cued. There seems to be a subtle sexist notion, even if it's not gender discrimination per se," Coffey told the Vancouver Sun.

Women with Male Names Fare Better in the Legal Industry originally appeared on About.com Legal Careers on Wednesday, November 11th, 2009 at 19:43:50.

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Careers in Forensic Science

Thu, 05 Nov 2009 09:51:03 +0000

As developments in technology increase the role of forensic science in the courtroom, the demand for forensic scientists is growing. In fact, the U.S. Department of Labor, Bureau of Labor Statistics (BLS) reports that forensic science is one of the 30 fastest growing occupations in the Occupational Outlook Handbook. This employment growth is driven, in part, by the increasing application of forensic science to examine, solve and prevent crime. Crime scene technicians who work for state and county crime labs should experience favorable employment prospects resulting from strong job growth, according to the BLS.

The field of forensics is broad and involves many kinds of workers. But one thing all forensic specialists have in common is that their work is connected to the law in some way. Forensic scientists might have a background in life sciences, engineering, healthcare, social sciences, or a number of other fields. If you have an interest in the law or law enforcement, a career as a forensic scientist may be right for you.

Careers in Forensic Science originally appeared on About.com Legal Careers on Thursday, November 5th, 2009 at 09:51:03.

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Tuesdays� Tip: Try a Virtual Assistant

Tue, 03 Nov 2009 22:09:47 +0000

Short-staffed and short on time? You might hire a virtual assistant.

Virtual assistants are paralegals or other administrative specialists who work offsite and online. For example, virtual assistants can perform legal research or transcribe voice files from anywhere on the globe. If you are facing a tight deadline or are overwhelmed with work, you can hire a virtual assistant for a basic retainer fee. When your workload recedes, you can terminate the virtual assistant relationship.

Virtual assistants eliminate the need to hire and pay for permanent, full-time staff during peak periods. On the downside, the virtual assistants may not be as familiar with your firm or as attuned to the particular needs of the firm as a traditional, in-house assistant. Nevertheless, as virtual assistants become more commonplace, lawyers will eventually establish ongoing relationships with providers of virtual assistance, creating a more collaborative experience.

Before you hire a virtual assistant, carefully screen each candidate and ask for references. Make sure the virtual assistant has the appropriate education, experience and technical tools (such as VoIP and web video streaming) to handle your work duties.

Tuesdays� Tip: Try a Virtual Assistant originally appeared on About.com Legal Careers on Tuesday, November 3rd, 2009 at 22:09:47.

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Swine Flu Litigation

Thu, 29 Oct 2009 14:10:27 +0000

The swine flu pandemic has spurred a flurry of litigation around the globe. Some experts predict that vaccinated and unvaccinated victims will target doctors and the medical industry for ills that befall as a result of the vaccine or lack of the vaccine, causing a surge of medical malpractice suits against doctors, hospitals, clinics, insurance companies and schools as the height of the flu season approaches. In fact, in preparation for the anticipated wave of swine flu litigation, the Department of Justice is hiring attorneys in its Office of Vaccine Litigation.

In addition, businesses could face a spate of legal claims from employees hit by swine flu, The Guardian reports, as concerns mount that firms are not prepared to deal with legal issues arising from affected staff. Employment-related claims arising from the swine flu pandemic may include personal injury, health and safety, and negligence claims. For example, pregnant women and those suffering disabilities are particularly likely to sue if they can show adequate precautions, such as flexible working, were not offered by their employers, The Guardian reports.

In New York state court, a group of health care workers has filed a lawsuit alleging that mandatory vaccination of all health care workers violates their civil rights, the Civil Procedure and Federal Courts blog reports. Another lawsuit filed in the D.C. Circuit challenges the licensing of the vaccines, alleging that the vaccines are untested and unsafe.

While not much good can be said about the swine flu, it appears to be fueling more work for the legal industry.

Swine Flu Litigation originally appeared on About.com Legal Careers on Thursday, October 29th, 2009 at 14:10:27.

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3 Legal Salary Trends

Mon, 26 Oct 2009 16:46:45 +0000

In the past year, law firms have implemented a number of strategies to adjust to the realities of the current economy. Layoffs, deferrals, salary freezes and curtailed recruitment have changed the employment picture for associates and other legal professionals. Below are three associate compensation trends that, while not good news, reflect the current business climate.

Associate salaries are decreasing - Although associate salaries have steadily risen since 2006, the National Association for Law Placement's (NALP) 2009 Associate Salary Survey reveals that law firm associate salaries have nowhere to go but down. A recessionary economy and budget-conscious clients have forced firms to reign in escalating compensation.
Law firms are hiring fewer associates - Two years ago, firms across the country hired about 10,000 fresh graduates, Altman Weil consultant Ward Bower told The Recorder. He predicts that in 2010, firms will hire only two-thirds or half of that number. Layoffs and reduced recruitment will severely limit law grad recruitment.
Compensation models are changing - More firms may be shifting from the lockstep model to merit-based compensation models. Lisa Smith, who heads Hildebrandt's law firm consulting practice, including associate management and finances, estimates that about one-third of large law firms are seriously looking at merit-based compensation models. Gone are the days of one market rate for each associate class.
3 Legal Salary Trends originally appeared on About.com Legal Careers on Monday, October 26th, 2009 at 16:46:45.
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Survey Predicts Wave of Litigation

Thu, 22 Oct 2009 09:32:52 +0000

Corporate counsel surveyed in Fulbright & Jaworski L.L.P.'s Litigation Trends Survey Report - which polls corporate law departments in the U.S. and U.K. on the state of global litigation - report that they expect an increase in the number of legal disputes their companies will face in the coming 12 months. According to the report, corporate counsel are steeling themselves for a big year of litigation with 42% of U.S. respondents anticipating an increase in legal disputes in the next year, up from 34% of last year's respondents.

The 2009 survey asked companies to consider, among other things, what types of cases they fear most, where they are spending their budgets and how they are adjusting their approaches to litigation management in light of the downturn. Survey highlights include:

Rising Litigation Costs - 53% of all respondents said their annual litigation cost (excluding cost of settlement) exceeds $1 million, a marked increase from last year, in which 43% of companies said their annual litigation cost exceeded the $1 million mark. Nearly one-third of healthcare companies in the survey broke the $10 million mark.
Budget Increases - Corporate legal budget increases will go primarily toward bankruptcy litigation, e-discovery, labor/employment, regulatory and contracts cases. Planned budget decreases are far less common: 5% of respondents reported decreases in class action work, while only 4% of respondents report decreases in the areas of personal injury, e-discovery, contracts, regulatory and intellectual property.
Increased Use of Alternative Fees - More than one-third of companies said the economic downturn has increased their use of alternative fees. Tighter cost control, more than anything else, is the most important way in which the economic crisis has affected litigation management, respondents reported. 45% of respondents reported using some kind of alternative fee arrangement, including a balanced mix of blended rate, capped fee, conditional or contingent fee, fixed fee and performance-based arrangements.
Most Active Litigation - In light of the downturn, companies face big increases in bankruptcy, contracts and labor/employment litigation. More modest increases were cited in intellectual property, insurance and regulatory actions.
Cost-Cutting Measures - While companies aren't necessarily spending less on litigation, in-house counsel are finding other ways to cut costs. Cost-cutting measures include in-sourcing e-discovery, outsourcing certain e-discovery functions through preferred provider relationships, and employing stricter document retention policies, such as systematic destruction, to keep discovery costs down.
More Regulatory Investigations - Regulatory proceedings, internal investigations and external inquiries - all of which had been steadily on the wane since 2006 - are increasing. The DOJ, EPA, states attorneys general and the SEC account for much of the regulatory action in the U.S. More than 31% of respondents reported an increase in inquiries and investigations over the past three years, including requests from the FDA, OSHA, the IRS, U.S. Attorneys offices and the FTC.

Survey Predicts Wave of Litigation originally appeared on About.com Legal Careers on Thursday, October 22nd, 2009 at 09:32:52.
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Securities Law

Tue, 20 Oct 2009 20:06:14 +0000

In the wake of the financial crisis of 2009, Bernie Madoff's investment scandal and other recent white-collar crimes, more legal professionals have been drawn to a specialty in securities law. The economic downturn has spurred a demand for securities lawyers; as deals fall through and stock prices plummet, investors are looking for someone to blame for their losses and are seeking the advice of securities professionals.

Securities lawyers represent clients with respect to stocks, mutual funds, bonds, and other financial instruments. Securities work is primarily divided into three broad areas--transactional practice, regulatory practice and litigation. Learn more about the history, job duties, education and skills of securities lawyers.

Securities Law originally appeared on About.com Legal Careers on Tuesday, October 20th, 2009 at 20:06:14.

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Tuesday's Tip: Spice Up Your Presentations

Tue, 13 Oct 2009 20:43:07 +0000

According to the 2009 ABA Technology Survey Results, 97 percent of respondents use PowerPoint for presentations. While PowerPoint is an effective presentation tool, it is not the only presentation tool. Given the enormous overuse of PowerPoint, why not stand out from the crowd? Consider implementing the following alternatives to PowerPoint for your next presentation.

PhotoStory

With PhotoStory you can create slideshows from digital photographs or other images from the web. You can then add soundtracks, special effects and even a voice narration. With a little creativity, these presentations can have a profound impact on your audience.

Prezi

Prezi provides a feature that permits you to zoom in or out of your presentation slides. By zooming out, you can provide your audience with a map of the entire presentation, enabling an understanding of the connectivity between slides. Then you may zoom into a particular slide for a detailed look.

Empressr

Empressr lets you create powerful presentations online using video, audio, images and animations, Most importantly, however, Empressr facilitates embeddable content from Flickr, Google, etc.

ThinkFree

ThinkFree offers an entire suite of products designed to compete with Microsoft. The advantage of ThinkFree to Microsoft is . . . it's free.

The next time you are preparing a presentation, feel confident in branching away from PowerPoint. As effective as a PowerPoint presentation is, sometimes a change of pace is enough to turn a good presentation into a great presentation.

Tuesday's Tip: Spice Up Your Presentations originally appeared on About.com Legal Careers on Tuesday, October 13th, 2009 at 20:43:07.

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