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September 15, 2007

Tune in: I'm There For You Baby

Today on Baby, women entrepreneurs talk straight about what it takes to climb the corporate ladder. You can hear this week's episode on San Diego's CA$H 1700 AM Saturday from 1-2 PM, Pacific Time, or listen live via simulcast on the CA$H web site.

Posted by Tom Welshonce at 11:23 PM | Comments (0)

September 14, 2007

"Maintaining" in front of juries: do your trial associates seem like creeps?

Juries are not dumb and miss little. They watch you and yours in the courtroom, the back of the courtroom, hallways, restrooms, parking lots, restaurants. Whether or not you think the people you bring to trial with you are capable of looking or acting like stone "creeps" at any moment during the roller-coaster ride of a trial, explain to these men and women in advance the importance of "maintaining" a demeanor which appears professional yet likeable, amiable, fair and genuinely good-hearted.

Jurors, of course, will always surprise you. No matter what an expert might tell you, or how hard you've worked at selection, you are always wrong about two or three of them. You've heard that. Now hear this: don't go out of your way to antagonize jurors with sideshows which have nothing to do with the trial itself.

In 1997, after a two-and-a-half week trial, we won a jury defense verdict in a breach of contract and fraud trial involving three established companies and a super-nail biter which no one could call. Everyone had "bad" facts to deal with. All counsel and most witnesses did a fine job. An honest, fair, bright and even-tempered judge

presided.

So we interviewed a few of the more earnest, intelligent jurors right after the trial--and were told by all but one of them that they were seriously non-plussed by some of the sneers, body language, guffaws and antics of the fire-breathing "let's kick some ass" associates and paralegals in the firms helping the plaintiff and the co-defendant in and out of the courtroom. This seemed to happen a lot with two younger lawyers (I knew them both--nice people, usually...) in the same firm who sat together in the court room smirking and cockily approaching counsel's table bearing a note or message with an attitude that said "let's see how our wretched and low adversaries handle this one" and "your sufferings will be legendary, chumps"--that kind of thing. Just nice kids getting really into it. But in our interviews, some of the jurors used words like "creeps", "jerks" and worse to describe these people. The law firm's culprits were just over-jazzed, over-confident, over-macho and young. But their behavior, even subtle things, may have tipped the balance. Jurors don't like "creeps in suits".

Don't screw up hard work and a client's chances at trial with mean-spirited sideshows confirming what many jurors thought about many lawyers anyway. Jurors are watching you, your attending GC, client representative and/or your witnesses AND your associates and paralegals like hawks: in and out of session, in the halls, in the back of the courtroom, restrooms, parking lots, restaurants. Very little is missed. Whether or not you think your trial people (men or women) are capable of looking or acting like "creeps" and robots of war at any moment during the roller-coaster ride of a trial, explain to them in advance the importance of "maintaining" a demeanor which appears professional yet fair, friendly, amiable and genuinely good-hearted. Better yet, hire only those people to help you present your case to a jury.

Posted by JD Hull at 11:23 PM | Comments (0)

September 12, 2007

W-L balance as a non-issue: first, choose the life you want.

I should be catching up on lawyering this morning, but a fine thinker-lawyer-blogger just sent me an enlightening article. Work-life balance is an issue we've made fun of a lot at this blog; don't worry, we'll continue to do that. To me, W-L balance is a "concept" (1) stifling verve, passion, creativity and achievement, (2) ignoring that good and great things are hard-won and (3) advanced by people who really don't like what they do all day. Still, our blog, What About Clients? likely failed to pick up on the better threads of the "issue":

For me, the point is and always has been making my/your life a work of art. That's it. If you think there is something selfish or grandiose about that, fine. Art is intended to make sense of our world and our selves. First, though, what life--indeed, what world?--do you want? Have you even made that choice? Choose your life. That's the hard part, especially if you need to change it (it's not supposed to be easy).

And then fill in the blanks. Blood, family and relationships for most of us will be the priority, and a major complexity, in the life canvas. Whoa, you don't even choose all those people. You struggle, you grow,

you compromise where you must, you try to surround yourself with people who stretch you. You work, you give and you increase love. Hopefully, people in your life want you to chase a dream or two. It makes you happy.

This stuff blends together--and needs to blend so we can be happy. For many of us, "life" and "work" are not capable of a bright-line separation--especially if you love your existence, the people in it and what you do. And, hey, communication technologies, and the lemming-like madness often surrounding it all, are no cure-all--but technologies do make work-life "blurring" possible, easier on others and often fun. Someone just said this all a lot better than I can or have here, and thanks to Stephanie West Allen of Idealawg, I just read it. See Marci Alboher's piece in the New York Times small business section, "Blurring by Choice and Passion".

Posted by JD Hull at 11:59 PM | Comments (0)

Real Bloggers will read Kevin O'Keefe's Blawg Review #125

Here's one straight from Olympus: the Art of The Blog. Save it now on your computer desktop. This week's Blawg Review, issue #125, is hosted by Seattle-based Kevin O'Keefe at his highly-regarded Real Lawyers Have Blogs. He has gathered posts of experts, gurus and leading lights in blogging and marketing who tell you "how to build and maintain" a first-rate blog. These folks generally are not, thank God, lawyers--at least not practicing ones--and so they (1) have business instincts, (2) make sense, (3) write clearly, and (4) tell you what they actually think in a non-weenie way. Mark Cuban, Guy Kawasaki, Steve Rubel and Shel Israel are a few of the stars at Kevin's #125. A visionary, thought leader and doer in blogging/blawging himself, Kevin knows what's going on nationally and internationally in the blogosphere, legal and non-legal, how to use blogs as a marketing tool, and who's who. He understands blog quality--form, content and practical aspects. So his selections for #125 are informed. Read and save if you or your firm have a blog, or plan to launch one.

Posted by JD Hull at 11:59 PM | Comments (0)

John Remsen: Looking like a lawyer

Medieval, old school, vain and running dog lackey of good GCs at good companies, WAC? (Dan Hull) met Atlanta-based law firm marketer John Remsen at an IBLC meeting last September in Milwaukee, was impressed, "liked his play" and loved his presentation. From The Remsen Group's website, here's "Enough is Enough: Lawyers Should Look Like Lawyers!"

Posted by Holden Oliver (Kitzbühel Desk) at 11:24 PM | Comments (0)

September 11, 2007

9/11/01

Today you'll see no "where we were/what we've learned/how we've changed" pieces from us. Our contribution: silence, and a partial list of New York City memorial events from NYT.

Posted by Holden Oliver (Kitzbühel Desk) at 08:04 PM | Comments (0)

September 10, 2007

$30 million: Durham gets an offer from 3 lacrosse players

A little on the high side in first round: $5 million from city insurance and $25 million from city budget. $10 million a defendant with five year pay-out. In the The Chronicle, the Duke student daily.

Posted by Holden Oliver (Kitzbühel Desk) at 11:59 PM | Comments (0)

When we get nervous, we all do weird stuff.

In a "state of intense anxiety" following his arrest, Craig "felt compelled to grasp the lifeline offered to him by the police officer" and plead guilty to the disorderly conduct...

Travel anxieties: everyone has them. So you get some alone time. Wide stance. Suddenly, another human voice. Arguments and echos. The horror, the horror. In Forbes.com via AP: Craig Files To Withdraw Guilty Plea. Senator Craig's got moxie, though--and Billy Martin's a fine lawyer. Do see by James Hannaham in Salon Why Bathroom Sex Is Hot.

Posted by Holden Oliver (Kitzbühel Desk) at 01:59 PM | Comments (0)