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Stray Jurors and Pantless Attorneys: 5 Embarrassing Remote Court Blunders

As a way to avoid completely shutting down legal proceedings, court systems across the United States have adopted more remote proceedings during the pandemic. For example, the U.S. Supreme Court upended tradition when it moved oral arguments to a telephone-based venue for the first time in its 230-year history.

Many courts still went a step further than SCOTUS by moving proceedings onto Zoom and other video conferencing programs. The launch has been shaky in some ways, however, with many courts having their fair share of hiccups.

In this article, readers can flip through five different embarrassing remote court blunders that involve hacks, roaming jurors and attorney faux pas that are hampering courts’ transition to an all-digital environment.

Are you interested in learning more about these different types of embarrassing moments? Read more in this law.com article.

Author:
Victoria Ostrander
Assistant Editor
The American Lawyer | National Law Journal | Corporate Counsel
Email: [email protected]
ALM Media Properties LLC

Inside Track: Even with Added Risk, Doing Business Over Video Is Getting Easier for In-House

About 32% of in-house lawyers were uneasy with using videoconferencing before the pandemic. 

This is out of a group of nearly 250 respondents in the latest Association of Corporate Counsel COVID-19 flash poll. Nearly all in-house counsel in that group reported that they are now comfortable with videoconferencing. 

“To be clear, we all absolutely HATE video interviewing. Outside recruiters like me, internal HR folks, and especially the actual hiring manager CEOs and GCs … none of us want this,” wrote legal recruiter Mike Evers in a Corporate Counsel column in April. “And so a strong preference to wait for the traditional process has become an added reason, beyond macro conditions, to kick the hiring can down the road.”

The capability of getting business done over video has become a lifesaver in more ways than one. Being able to videoconference is a way to help current and potential co-workers interact among the stay-at-home orders. However, there is a privacy and security risk that occurs every time employees, who are likely using personal devices, log in to a video conference software. 

Are you interested in learning more about how videoconferencing is changing the way in-house counsel do business? Read more in this law.com article.

Author:
Victoria Ostrander
Assistant Editor
The American Lawyer | National Law Journal | Corporate Counsel
Email: [email protected]
ALM Media Properties LLC

How I Made Partner: Akin Gump Strauss Hauer & Feld’s Rachel Elsby

After years of hard work, Rachel Elsby of Akin Gump Strauss Hauer & Feld made partner this year in the firm’s intellectual property litigation practice. 

Before making partner, she spent five years representing clients in intellectual property disputes and matters before the Patent Trial and Appeal Board and International Trade Centre. She came to the firm in 2015 as an associate and became counsel at the end of that year. She previously held a two-year clerkship at the Federal Circuit Court of Appeals.

She sat down with law.com to discuss her path to making partner and the success she has had throughout her career. 

Are you interested in learning more about Rachel’s strides in the legal realm? Read more in this law.com article.

Author:
Victoria Ostrander
Assistant Editor
The American Lawyer | National Law Journal | Corporate Counsel
Email: [email protected]
ALM Media Properties LLC

Inside Track: General Counsel Are Still Starting New Jobs During COVID-19 Pandemic

There are new top lawyers who are taking the helm of legal departments as businesses reopen (and reclose) corporate offices and retail locations across the U.S. 

Chief legal officer and general counsel appointments appear to be up again similar to reported in-house moves in May this year. This was a surprising development as economists in early June said the start of the COVID-19 pandemic led to a recession.

However, regulated industries like health care and data privacy are prioritizing the job hunt for a top lawyer if there is a vacancy.

With the start of the midyear hiring, it remains to be seen how in-house hiring will fare in the summer and fall this year in light of the novel coronavirus.

Are you interested in learning more about how in-house and general counsel hiring will be impacted later this year due to the pandemic? Read more in this law.com article.

Author:
Victoria Ostrander
Assistant Editor
The American Lawyer | National Law Journal | Corporate Counsel
Email: [email protected]
ALM Media Properties LLC

The Pandemic Pushed Clerkship Hiring to Zoom⁠—and Law Students Liked It

Vince Chhabria had always opted for in-person interviews with law students hoping to be chosen for a clerkship with him, who sits on the U.S. District Court for the Northern District of California. 

Having a face-to-face conversation helps the judge get a better sense of the candidate than a phone call or video conference, he reasoned. In a turn of events, due to the pandemic, Chhabria has changed his stance. Recently, he said he was pleasantly surprised with the flurry of clerk interviews he conducted over Zoom in mid-June this year.

“The Zoom interviews went better than I expected,” he said on June 22, four days after he officially hired three new clerks. “Between the Zoom interview with me, the Zoom interview with my clerks and the detailed professional reference calling I do, I felt more comfortable than I expected.”

Are you interested in learning more about how Zoom interviews are changing the law hiring landscape? Read more in this law.com article.

Author:
Victoria Ostrander
Assistant Editor
The American Lawyer | National Law Journal | Corporate Counsel
Email: [email protected]
ALM Media Properties LLC

Four Ways to Impress a Partner

It is commonly said that law firm associates need to treat the partners they work for the same way they treat their clients. Call it the “golden rule” for advancing in a firm. 

The issue with this advice is that there will always be a power struggle between the client and lawyer—clients are always in control of the relationship even though their level of control varies. This depends on how interchangeable they view specific lawyers’ expertise relative to others’. But in every instance, clients hold the power to hire or fire their lawyers, which is the ultimate form of control.

Although the imbalance between associate and partner is also considerable, power can eventually be distributed over time. Associates advance within the firm, which gives them more responsibilities, so the power imbalance flattens. Overall, an associate can become an equal to a partner. However, before an associate makes it to a partner status, other partners must think of the young lawyer as an equal.

Are you interested in learning about ways an associate can perform above their pay grade and impress partners in the process? Read more in this law.com article.

Author:
Victoria Ostrander
Assistant Editor
The American Lawyer | National Law Journal | Corporate Counsel
Email: [email protected]
ALM Media Properties LLC

In-House Hiring Gains Strength Despite Recession Threat

Hiring for in-house legal counsel spiked in May and stayed in line with Bureau of Labor Statistics reports, which showed more legal jobs were added to the economy recently despite the threat of a possible recession, according to recruiters who spoke with sister publication Corporate Counsel. 

The legal sector added 3,200 jobs in May after losing 60,000 jobs in April this year. The statistics report shows 1,097,500 individuals working in the law field in the U.S. currently. This number also includes attorneys, paralegals and secretaries. This number is down 50,000 compared to this point in 2019, when there were 1,147,400 people working in the legal industry. 

The National Bureau of Economic Research announced the second week of June that the U.S. is officially in a recession based on February showing the last monthly peak in economic activity prior to the COVID-19 pandemic.

Are you interested in learning more about how in-house departments are continuing to make strides despite a looming recession? Read more in this law.com article.

Author:
Victoria Ostrander
Assistant Editor
The American Lawyer | National Law Journal | Corporate Counsel
Email: [email protected]
ALM Media Properties LLC

Jump-Starting Business Development After Living in a Socially Distant World

The coronavirus pandemic has created unprecedented personal and professional challenges to nearly every individual around the world. The U.S. economy has come very close to a halt and almost every business now finds itself in a tough position financially and operationally. The legal field was not spared, and law firms of all sizes are feeling their way through a contracting marketplace. 

Lawyers are being confronted by their clients’ shrinking legal budgets and facing the fact that their daily business routines are looking extremely different than just a few months ago. However, we should not be overly worried—U.S. history has shown time and time again that the people of this country are resilient. 

As leaders slowly pave new ways to restart the economy, firms and their lawyers are looking for the safest way to get back to work supporting their clients who are also trying to do the same thing. At the middle of these talks, there is an important question: How do we go back to conducting productive business without seeming callous to the harsh realities many people are experiencing?

Are you interested in learning a few ways lawyers can differentiate themselves in what is about to become an even more selective legal services marketplace? Read more in this law.com article.

Author:
Victoria Ostrander
Assistant Editor
The American Lawyer | National Law Journal | Corporate Counsel
Email: [email protected]
ALM Media Properties LLC

Recession-Proof? Debt and Contract Lawyers Are Weathering the Coronavirus Storm Better Than Others

There have been many conversations between attorneys about an expected flood of businesses filing for bankruptcy due to the COVID-19 economic slowdown. However, Texas commercial bankruptcy attorney Howard Rubin has not seen this yet, though he noted this could change in the coming months. 

This pandemic has affected attorney income immensely, but not all practice areas are hurting the same way. Many debt counsel and contract lawyers seem to be faring better than other areas, as Rubin, a shareholder at Kessler & Collins in Dallas, said debt attorneys who do bankruptcies have seen little impact to their current caseload, which means their incomes haven’t suffered as much as other lawyers during the COVID-19 economic shock. 

ALM Media conducted a survey of attorneys nationwide from April 1-23 asking how the COVID-19 outbreak has affected their income or revenue, how their new case filings have changed, and what’s been happening with new clients seeking representation. 

Are you interested in learning more about the findings in this nationwide survey? Read more in this law.com article.

Author:
Victoria Ostrander
Assistant Editor
The American Lawyer | National Law Journal | Corporate Counsel
Email: [email protected]
ALM Media Properties LLC

Recruiting in a Virtual World: Q&A with Lori Carpenter of Carpenter Legal Search, Inc.

With the impact of COVID-19 and the transition to remote working for many industries, how is recruiting for your clients different? What remains the same?

Albeit there have been more interviews from start to finish for a completely virtual search, it has been a much more “personal” experience for both our clients and candidates. Instead of conducting interviews in a conference room, often with multiple interviewers, people are connecting one-on-one virtually from individual personal spaces.  It is a good opportunity for both our clients and candidates to go deeper during interviews, not only on a professional level but also on a personal level, showing more of their personalities and interests in a more tangible way than typically happens in an office setting. That is a very positive step for both parties to learn if the position is a good fit and if the organization is a good cultural fit as well.

Having virtual technology also makes the search process more personal for Carpenter Legal Search. We recruit nationally, and with recent cuts in travel expenditures, we would not have been able to make as many face-to-face connections with our clients or candidates. Our search process remains the same, and we are providing the same service; however, in many instances, the personal connection has been enhanced. 

With people working from home, the availability of candidates to interview is greater as they have more flexibility to schedule personal time throughout the day. Virtual interviews are now more acceptable from a client perspective as well, whereas before the pandemic, interviewing in person at the client site was almost always required, particularly during the latter half of the search process. Additionally, candidates do not need to take a day or two off of work to interview as would have been necessary if they were traveling to interview at a client site. Unlike trying to schedule all interviews for a candidate during one day in a conference room, virtual interviews can be staggered so that it works for everyone’s schedule, and it makes it possible for a candidate to interview with a client’s global workforce in multiple locations. 

How has Carpenter Legal Search adjusted to better serve their clients and candidates virtually?

Since our business was already in the cloud and we had the capability to conduct virtual interviews, we only needed to start utilizing that technology on a larger scale.  Instead of just capitalizing on our virtual capabilities for those clients and candidates outside of our region, we now utilize it for those within our region as well. Even with quarantine measures, we have the opportunity to “meet” every candidate in person.

We also have been able to assist clients and candidates who are not used to virtual technology, facilitating interviews and offering insight. We give our candidates the opportunity to test the technology and are able to provide feedback to both parties on the virtual experience.

As we adjust to remote working along with the rest of the world, we are paying close attention to how we are operating and with whom we are working. We are remaining flexible and responsive to our clients’ needs as they evolve to meet their expectations and to continue to provide uncompromising personalized service.

What is one of the most positive things about conducting a completely virtual search?

Although interview scheduling is dependent on a client’s time frame and a candidate’s availability, the timespan for interviews is reduced because travel does not need to be arranged and all parties have greater flexibility. Time zone differences can be managed more easily, and a candidate has the opportunity to meet with more people in more client locations in a shorter span of time.

What would you say would be a point of caution for clients when conducting a virtual search?

The amount of time it takes to identify, interview, and determine which candidates to submit to a client has not diminished greatly. People are more accessible because they are working from home; however, the number of people with whom we speak in the recruiting phase of the search process has not decreased. 

It may take a candidate time to warm up to accept an offer without tangibly seeing the office in which they will be working or physically meeting the people with whom they will be working. This is especially something to keep in mind for those candidates who are interviewing for a position for which they will need to relocate. Candidates generally will want to visit a location before committing to relocating, unless they are originally from that area.

We are becoming a much more mobile society. Clients need to be prepared to be asked if a position can be structured so that a person can work remotely. Many lawyers are now getting used to working remotely and may want to continue to do so. The client must be able to say definitively whether it is possible or not, depending on their needs, structure and the role itself. Expectations for someone to be in the office five days a week has gone away for many corporations and law firms. Additionally, allowing someone to work remotely opens up a larger candidate pool than if you require someone to relocate. 

What is one piece of advice that you would offer to candidates who are interviewing virtually?

Although you are interviewing from a personal space and have the opportunity to get to know someone on a more personal level, remember that you must maintain a level of professionalism. Test the technology ahead of time; do not assume that you will get it to work at the last minute. You need to “arrive early,” even in a virtual environment, so that you will be ready and prepared for your interviews. 

Do not assume that virtual interviews are less important. You have an opportunity to have notes by your side to remind you of the things that you would like to convey to the person with whom you are interviewing. Be prepared to answer different sorts of questions than you might have previously in other interviews, including questions such as: “Describe a typical day in a work-from-home environment. How does that differ from your working style in the office six months ago?”

Make sure to get the appropriate person’s contact information for troubleshooting purposes in the event that the virtual interview does not function or an interviewer does not show. You need to be prepared for the unexpected. Someone’s internet can go out. Someone may be interrupted by children, a pet or a spouse. You have the opportunity to show flexibility, adaptability, understanding and professionalism. 

Why is the role of a recruiter even more valuable in an economic recession?

All of our clients are dealing with new and/or different challenges on top of their existing responsibilities. Engaging Carpenter Legal Search to recruit top-tier lawyers for various roles in their legal departments allows our General Counsel and Human Resource clients to focus internally on their business and existing employee concerns. We focus on the external candidate market, recruiting passive candidates who are not looking for a new position while also handling the time intensive task of reviewing and evaluating resumes from the active pool of candidates to identify those who are on point in relation to the position. From our experience, we know that the overwhelming majority of resumes that we or our clients receive for a position from an internet posting will not be a fit.  

We are actively marketing our clients on a national level as we recruit. As our client’s “face to the world,” we demonstrate that an organization is continuing to invest in its workforce and that it continues to be a viable employer that is economically sound. 

Further, clients who continue to hire at this time are aware that it may be easier in some respects for a lawyer not to make a change currently; however, we are able to counsel our candidates to consider not only short-term advancement but also the long-term overall opportunity with our clients. 

As a business owner who has weathered economic downturns, what is important to keep in mind during the recession and as we move forward into 2021?

Everything has a rise and fall; eventually, there will be an upswing. Keep working, and continue to do your best. Choose to be steady and of service. Innovate. Embrace the technology and other methodologies that facilitate better working arrangements. Try not to stay in the same mind frame, and open yourself to new possibilities. Continue to cultivate your existing relationships with clients that have supported you, and support them in return. Evaluate where the business will be for you in the coming months and years ahead. Continue to market. Learn from this recession, and prepare for the next one. Be fiscally responsible, and do not over extend in good times. 

Lori J. Carpenter
President
Carpenter Legal Search, Inc.
204 Fifth Avenue, Suite 400
Pittsburgh, Pennsylvania 15222
Tel. 412-255-3770 ext. 202
Fax. 412-255-3780
Web. www.carpenterlegalsearch.com
Email.  [email protected]