Everything You've Ever Wanted to Know About #AltLegal

Welcome to the fourth and final interview in our Legal Profession Q&A series! Today we're chatting with Caitlin Moon, inspired lawyer and passionate entrepreneur, about alt legal, millennials in the workforce, mental health, and so much more. Having both founded her own law firm and a communications consulting firm, Cat has no shortage of expertise when it comes to using your law degree outside of the courtroom and we're so lucky to be able to share her insight with you today. Without further ado, here's Cat's exclusive interview:

Q. What exactly is the concept of “Alt Legal” and why did you choose to pursue it as a career?

A. “Alt Legal” means different things to different people, I think. At its core? The idea that someone with a JD uses his/her education and experience in a non-traditional way — not necessarily by leaving the legal profession altogether, but pursuing a path diverging from a traditional private or government sector practice.

Often, a lawyer pursuing an alternative legal career is following a passion that intersects with skills. For example, you love to write so you create a blog that grows into a platform serving the legal profession (like David Lat). Or you turn your love of writing into a novel … about BigLaw (like Lindsay Cameron). Or you’re a tech early adopter and after being a change agent for your firm, you now bring new technologies to a wider audience in the legal profession (like Dan Hauck).

“Alt Legal” also makes room for professionals who don’t have law degrees to bring their expertise to the legal profession — especially in the areas of technology, process management (e.g. agile, lean), and business development. I’ve observed that the profession hasn’t traditionally embraced non-lawyers, but this is shifting. We can learn a lot from how other professions have innovated.

I think there’s room for lawyers who continue to practice but do so in non-traditional ways to be considered part of “Alt Legal,” too. We’re slow to change our ways, but the shift is picking up momentum — I consider collaborative divorce, firms leveraging technology to improve service delivery, and the use by firms of proven, iterative systems from outside law to all be examples of this.

My journey away from solely a traditional practice and into an “Alt Legal” role is explained below in response to #2 ...

Q. What is your current role? What does a typical work day in your life look like?

A. My “Alt Legal” work has included coaching and consulting with lawyers on building a law practice that sustains them on multiple levels — financially, of course, but also in ways that fulfill other important goals and needs. I’m a fifth generation lawyer, and with 17+ years in practice, I know well the toll this work takes, both professionally and personally. (Sadly, there’s a reason why the rates of depression, substance abuse, and suicide are so high for lawyers.)

My path to doing this work was actually serendipitous. In 2006, I formed a small firm with two other women. We eventually grew to four partners and an associate (all women). In this process, I took on the role of figuring out everything about running a practice (and firm) — from the best way to manage a case (it’s not what most lawyers think), to how to shift from hourly to flat-fee (it’s easier than most lawyers think), to using technology to get a lot more done with a lot less expense and effort (it’s not as scary as most lawyers think). After doing this work for myself and my firm, other lawyers started asking me about how we do what we do. And they started asking me to help them do the same thing. So I did!

Eventually this work evolved into coaching/consulting, focusing primarily in my areas of passion: communication, design thinking, and agile methodologies. My client base now extends beyond the legal profession.

I also maintain a limited business transactional law practice, working with a small number of long-time clients. I have one associate, who handles wills, trusts, and estates for my firm.

Q. Did you go to law school? What did your experience look like leading up to your current role? Internships, degrees, previous jobs?

A. I earned a JD from Vanderbilt. But before law school, I earned a Masters in communication, taught at the university level, and worked as a journalist. These experiences have contributed as much (if not more) to my work in the legal profession, as my law school experience. Frankly, I can’t imagine being a lawyer without a solid background in communications — these are the skills that make me an effective counselor and advocate for clients (and not what I learned in law school, or from the communication modeled by most attorneys).

During law school, I sought out atypical work experiences, including clerking for a solo criminal defense attorney. He sent me (alone) to a high-security prison to meet with clients (one of whom was James Earl Ray) — quite an experience for a first year law student! I also clerked for a small business law firm, and for my father (an attorney and elected official). I had no interest in a corporate BigLaw experience, I think largely because my model for what it means to be a lawyer was shaped by my father, my great-uncle (a criminal defense attorney), and my grandfather (a judge) — all of whom practiced in a small community and were more committed to access to justice than to reaping great financial rewards.

Working with entrepreneurs in my law practice definitely helped propel me in my current direction, as well. Much of my work with and for clients went far beyond simply setting up legal entities and drafting contracts. Drawn into business design, strategy, and development with clients starting new businesses, I learned a lot about how to create an enterprise from nothing but a vision. So in many ways, my law clients inspired me to become an entrepreneur myself.

Q. Do you there think there’s room for law grads to play an important role in the development of legal technology?

A. Yes! I think legal technology needs contributions from both inside and outside the profession. Lawyers have much to offer, though this contribution will be most valuable if it’s informed by more than their legal experience and expertise. For instance, a firm grasp on legal design, grounded in human-centered design theory, is crucial for any lawyer who wants to contribute meaningfully to the evolution of legal technology. Without a deep understanding of, and empathy for, the consumers of legal tech (legal professionals as well as “clients” of the profession), the industry will never reach its full potential.

Q. How do you think the legal industry will change as more and more millennials enter the workforce?

A. If the generalizations about millennials hold true, then their impact on the legal industry should absolutely move it in a positive direction. Millennials value collaboration and cooperation — and we need a much greater degree of both, within the industry and with other industries and professions. Millennials rely on technology that delivers true value, and simply works. Hopefully this will drive the creation of better legal technology. And, perhaps most obvious, a shift from primarily financial values to more socially-driven ones could trigger a positive sea change in how both the legal profession and the legal system operate.

With all of this said, there are strong forces committed to maintaining the status quo in the legal profession. My biggest fear is that millennials will give up and move into other professions and industries due to the snail’s pace of change. This is a continuing, and serious, problem for our profession: those who could do the most good leave out of frustration that things will never change. Personally, I’ve had this feeling often myself, and is a big reason I’ve expanded my work to include other professions, and now spend a great deal of time working outside the legal industry.

Q. What role does entrepreneurship play in choosing to pursue an alternative legal career?

A. Success in Alt Legal requires an entrepreneurial mindset, I think. It’s definitely not the place for someone who wants a steady paycheck every two weeks, guaranteed for the next X number of years. You’ve got to be willing to take chances, risk failure, and go in a direction that, at times, feels very much as if you’re swimming against a very strong tide. Prepare to be rejected. A lot.

The flip side? Pursuing an alternative legal career that gives you the opportunity to do the kind of work that truly satisfies you and ignites your passions is infinitely more satisfying that toiling away in a law firm.

Q. If you decide not to go the route of becoming a lawyer, what are some other ways that a law school grad can work towards social good?

A. If you’re passionate about doing work for social good, you can take the knowledge you have via law school (about legal process, the justice system, legal theory, etc.), and apply it in almost any arena. You don’t have to practice law to create (or work for) a nonprofit committed to social justice, or advocate for those who are disadvantaged or underserved.

For example, I’m very interested in alternative methods of dispute resolution and see this area as one having tremendous potential for any law school grad interested in improving access to justice — outside of the typical litigation practice trajectory.

Q. For the lawyer looking for a total career change: what lawyer-specific skills do you think are transferrable to other industries and jobs?

A. For those who’ve been in practice, see below. If you’re reading this and are contemplating law school (or are a 1L or 2L) and aren’t sure you actually want to practice law, definitely read this advice from my friend Jennifer Alvey, a career transition coach for lawyers.

If you’re already a lawyer and are looking for a change, my advice really is more universal than lawyer-specific. The transferable skills you should pay attention to are those things that you’re both (a) really good at, and (b) really enjoy doing. Lawyers get good at things that we don’t really enjoy doing (which is one reason we seek Alt Legal opportunities!). So the last thing you want to do is go looking for a new career based on those skills. Instead you want to focus on what you do well as a lawyer, that you also enjoy doing. Make a list. And start researching other jobs and industries that utilize and value those skills.

I believe any skill a lawyer develops during his or her legal career transfers to work outside the law. The key is identifying those skills you have that you also enjoy using on a regular basis.

Q. What are some of the key ways that individuals in the legal industry can work to reduce stress, avoid depression, and improve their overall mental health?

A. What a great question! I’m pretty passionate about making the legal profession a healthier one, and have written a lot about what individual lawyers can do to create a work life that supports a person physically, emotionally, and intellectually: get moving, practice gratitude, meditate, practice yoga, commit to continuous improvement through lifelong learning. Lots of research validates engaging in all of these (which explains why you see many people recommending them for anyone who wants to be less stressed, more productive, and happier). I’ve also conducted my own personal experiments with all of these. They really work!

Q. What role has networking, social media, and digital marketing played in the development of your career over time?

A. Intentional networking is key to creating a successful career, whether legal or alt legal or outside of legal completely. I’ve been in the workforce since well before social media and digital marketing existed — so I’ve relied primarily on in-person networking with others who’ve both taught and inspired me. My total career spans 24+ years and if I’ve learned nothing else, it’s this: You are better when you are surrounded by other really good people. A great network both lifts you up and stretches you. And it also gives you a place to contribute, which is a key element of professional satisfaction.

For me, social media and digital avenues have simply expanded my ability to create a really exceptional network. Connection is the common element — connecting with peers, mentors, mentees, clients. Your network should include all of these people, whether you meet them via Twitter or in person at an event.

Caitlin Moon, MA JD, spends most of her time helping businesses and educators innovate and collaborate through communication, design thinking, and agile methodologies. A fifth generation lawyer, she also maintains a limited business law practice working with entrepreneurs. A dedicated early-adopter, she loves technology that improves communication and efficiency. Find her online at inspiredlawblog.com, inspiredcommunicator.com, cmoonlaw.com, and on Twitter (@inspiredcat).

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And that concludes our Legal Profession Q&A series! Thank you so much to everyone who tuned in over the past two weeks and for all the lovely professionals who took the time to share their experience with us.

Missed the first three interviews? Find them here:

• Your Law School Questions, Answered: An Interview with Mary Redzic
• 10 Steps for Law School Success with Della Shaker
• 10 Truths About What It's Really Like to Be a Lawyer, Featuring Jeffrey Stern

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10 Truths About What It's Really Like to Be a Lawyer, Featuring Jeffrey Stern

For our second-to-last interview in the MerusCase Legal Profession Q&A series, we're speaking with Jeffrey Stern, MerusCase client and attorney at the Law Offices of Mallery & Stern, about what it's really like to be a lawyer: the good, the bad, and the not-so-pretty. Read on to hear what Jeff has to say about work-life balance, strategies for success, and what he would have changed about his law school experience. Have your own questions for Jeff? Feel free to share them in the comments below!

Q. What has been the most difficult part of being a lawyer? The most rewarding?

A. I represent employees injured workers in the workforce (i.e. workers’ compensation). I spend a lot of time listening and discussing the real life problems my clients experience as a result of their injuries including financial, medical and family problems. Hearing their stories and explaining the limitations of the law can be very challenging. Frequently, it is not only the injured employee that suffers, but also their family members. So experiencing those challenges can be very difficult. At the same time, my greatest reward is when I am able to assist someone in a life changing way that they would not have been able to do on their own. So the most difficult and rewarding parts of my job are dealing with my clients.

Q. What has been your biggest strategy for success as you’ve helped to grow your firm over the years?

A. Being honest and as straightforward as possible in my professional dealings both with clients and opposing counsel. When I sign up a new client, I spend a fair amount of time at that initial meeting explaining what the workers’ compensation does and does not include. This little extra time at the beginning saves a lot of time during the case as it reduces the number of questions clients have. At the sametime, I also try to empower my clients by educating them about the California Workers’ Compensation system and by doing that, our clients feel respected. I also continually educate my staff regarding changes in the law so that they can better understand how a particular case moves through the system and can further assist our clients.

Q. What steps do you take in order to make sure you’re staying current on changes in the legal industry?

A. I attend monthly lectures and attend at least 2 conventions every year on the law. I also play an active role in a statewide organization that educates attorneys on developments in the law.

Q. Has mentorship or networking played a role in your professional growth over the years, either personally or in terms of your business?

A. All of our clients are referrals from former clients or friends and family of former clients as we do not advertise. So I see every client interaction as a form of networking. I also regularly attend meetings with professionals in the same field and those social interactions help because if an attorney is unable to handle a case, they may refer it to you. There are also referrals that come from friends who are attorneys that practice in other areas of the law.

Q. What are the top 3 characteristics you look for in a recent graduate that you’d consider hiring at your firm?

A. Whether they look you in the eyes when you talk to them, their ability to communicate their own opinions clearly and their willingness to be an active listener.

Q. What advice would you give to undergraduates who are looking toward a career in law?

A. Try it out before you commit to it. Intern at a law firm even if it is not in an area of the law you are interested in. During college I worked at a small PI firm and before law school I worked as a paralegal in a large multi-national firm; both experiences helped me learn not only what I liked about being an attorney, but more importantly, what I did not like about those environments. Realizing what doesn’t work for you is as important as knowing what does work for you.

Q. Looking back, do you think you chose the right undergraduate degree for a career in law?

A. I don’t believe one’s undergraduate degree has much influence on one’s success in law. I majored in economics because I found it challenging and minored in anthropology because I found it fascinating; neither of which have much direct interplay with a legal career. I value the benefits of a liberal arts degree and believe that one should study that which both challenges and interests them rather than what they believe will benefit their legal career. There are many different areas of the law and many types of lawyers, so there is a place for all kinds of backgrounds and interests.

Q. Is there anything you would change about your time in law school?

A. I would have taken more courses that focused on problem solving and solution finding such as remedies, negotiations or arbitration/mediation because at the end of the day, that is what lawyers spend their time doing; trying to resolve your client’s issues. Law school helps develop analytical skills and, while a practicing attorney requires those skills, learning how to effectively resolve problems is what lawyers do.

Q. How do you go about trying to maintain work-life balance and ensure that you’re staying healthy in all aspects of your life?

A. It is very hard. My wife and I both work full time and it is not easy. My wife is a bankruptcy attorney and many times has a deadline that she must meet. Google Calendar is our most important tool in keeping our household schedule in order. If my daughters are awake when I get home at the end of the day, I do not work until after they are in bed. I also never work Saturdays as I am Sabbath observant - that automatic “work free day” is what keeps me sane (without it, I would probably work 7 days a week). Saturdays are spent with family and friends and is the primary time when I socialize outside of work. It is my most prized day and when I feel the most relaxed because I am entirely disassociated from work. We all experience times when work feels overwhelming and when that happens, I take some time for myself. That time can be anything from a quick walk around the block to leaving the office early. Personally, getting a sufficient amount of sleep is most important in being able to handle the challenges that I experience. So I am pretty strict on getting to bed at a reasonable hour seven nights a week. I also try to eat healthy and exercise but that doesn’t always happen.

Q. What’s the best way to figure out what type of law you want to practice?

A. Experience it for yourself. Also, people can change careers so if you start somewhere and it turns out to not be what you wanted, take that experience with you and find something else that meets your needs.

Jeffrey Stern brings a wealth of experience to his position as a Workers' Compensation Attorney at the Law Offices of Mallery & Stern. Mr. Stern has successfully handled cases for a wide variety of clients including peace officers, sheriff officers, firefighters, correctional officers, public safety officers, laborers, state, county and municipal workers, members of the entertainment industry, nurses, teachers, airline workers and utility workers. Jeff graduated from Brandeis University with a B.A. in economics and a minor in anthropology and earned his J.D. from New York Law School. Mr. Stern is an active member of the California Applicants' Attorneys Association. He has presented and taught at various Applicant Attorney conferences and educational programs, Prior to Law School, Jeff was a paralegal in the real estate and finance department of a prestigious law firm where he specialized in debt refinancing/structuring and project finance. In his free time, Jeff enjoys spending time with his wife and three daughters.

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Now that you've read through Jeffrey's thoughts on his law school and legal career, get ready to hear from Cat Moon about her experience with the Alt Legal industry! Haven't read through the rest of our Legal Profession Q&A series? Check out the other interviews while you wait for our final interview to publish on Thursday:

• Your Law School Questions, Answered: An Interview with Mary Redzic
• 10 Steps for Law School Success with Della Shaker

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10 Tips for Law School Success with Della Shaker

Welcome to Part 2 of our Legal Profession FAQ series! Earlier this week, we interviewed startup lawyer Mary Redzic about her law school experience and, today, we're chatting with attorney and MerusCase client Della Shaker about her tips for law school success. Whether you're interested in going to law school, currently enrolled, or just enjoy reminiscing on your good 'ol law school days, sit back, grab a cup of coffee, and enjoy our exclusive interview:

Q. What’s the best way to prepare for exams during law school?

Everyone has a different way of studying and learning. The way I prepared for my law school exams were very similar to how I prepared for all my exams in high school and undergrad, so sometimes it can be best to use what worked for you in the past. For me, I took notes during class, compared my notes with a classmate’s notes, and then created a short concise 2-3 page outline for the entire semester for that class. Approximately 3 weeks before my final, I would memorize my outline and take practice exams.

Q. How much time should you spend studying?

A. Throughout the semester, not much. It's really important to take great notes during class and then, about 4 weeks before finals, that's when I started studying every day for 8-10 hours a day.

Q. How important are extracurricular activities during law school?

A. To build friendships and find great study partners, I joined clubs. Other than that, it didn’t really do much for me, so I'd say it's not very important based off my experience.

Q. Are internships a critical part of the law school experience? Should you try for summer or school year internships?

A. YES! Very critical. You learn the law in law school, but you learn how to practice the law during internships or externships. During my last semester, I only had 3 classes, so I did an internship during the school year. If you don't have time during the school year, I’d recommend doing one during the summer so you don’t fall behind on your classes.

Q. Is it important to be active and speak up in your classes?

A. Well, I never really participated in class, unless I was called on and I did pretty well in law school. I think it all comes down to your personality and learning style. If you learn better by participating then participation is a great idea.

Q. How do you manage and control stress with such an overwhelming schedule?

A. Make law school friends so you have someone who is going through the “hell” you are and understands your frustrations. It's also important to exercise and make time for your family and friends; however, it's important to remember to put the “fun” aside during the month leading up to finals.

Q. Is law school as competitive as the media makes it seem? How can I focus on building genuine relationships while also succeeding in my classes?

A. Somewhat. Certain students are very competitive, which makes law school competitive. In some classes, there are only a certain number of 'A's that a professor will give out and certain students will absolutely compete for that 'A'. You will find and maintain great friendships during law school, just don’t let the friendships take control of your studying habits. Focus during class and make sure to study. In fact, studying with law school friends can help you succeed in your class and build genuine relationships at the same time.

Q. At what point should I start focusing on the job search?

A. Your last year of law school is perfect, but second year is also workable, depending on your schedule. You need to practice, so make sure to do an internship or externship during law school. I would always look out for connections during my internship, which could lead to future job opportunities if you play your cards right.

Q. When should I start studying for the Bar exam and what’s the best way to get started?

A. Take a prep class, such as Barbri. You will absolutely need their practice exams and books. You should memorize their outlines and plan to study for at least 2 months for a minimum of 10 hours a day. Take a lot of practice exams, memorize all that you can, exercise, sleep well, and you shouldn't have a problem passing.

Q. Do you have any tips for finding a professional mentor during law school?

A. During law school you will find professors that you love. Pick one or two of your favorite professors and build a genuine connection with them. If you foster a relationship with them, they should be happy to mentor you throughout law school and potentially after graduation.

 

Della Shaker is currently specializing in Employment and Labor Law.

Her experiences in the legal field have prepared her to successfully represent clients in all aspects of labor and employment law. Ms. Shaker has represented clients in cases involving wage and hour laws, independent contractor status, wrongful termination, discrimination and harassment. She has appeared before multiple governmental agencies, such as the Department of Fair Employment and Housing, the Department of Labor Standards Enforcement, and the Employment Development Department, as well as the U.S. Equal Employment Opportunity Commissioner.

Ms. Shaker also has extensive knowledge and experience when dealing with employee handbooks and personnel practices, union contract negotiation and grievance, arbitration and mediation.

Ms. Shaker received her Bachelor of Science degree in Sociology from University of Los Angeles California (UCLA) prior to attending Chapman University Dale E. Fowler School of Law where she received her Juris Doctorate degree in 2012. Ms. Shaker successfully completed her first year of law school within the top 11% of her class and graduated within the top 30% of her class.

Ms. Shaker also performed pro bono services for nonprofit firms, such as Bet Tzedek Legal Services – The House of Justice. While working at Bet Tzedek, she was involved on projects regarding Holocaust Reparations, Housing, and Government Benefits.

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Thanks for tuning in to Part 2 of our legal industry FAQ! Next Tuesday, we'll be chatting with Jeffrey Stern of Mallery & Stern (another great MerusCase customer) about what it's like to manage your own law firm and what he wishes he would have known when he was in law school.

Editor's Note: Please remember, this is one individual's experience with law school and you should consult several qualified sources if you're seeking comprehensive law school advice.

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Your Law School Questions, Answered: An Interview with Mary Redzic

In this series, the MerusCase team has interviewed four different legal professionals, all of whom are on different parts of the spectrum when it comes to post-JD careers. Today we're dishing up honest and thoughtful advice from Mary Redzic, In-House Counsel at Vionic Group, about the path to law school: what you should major in, how to decide on a school, and when you should start preparing. Have your own questions for Mary? Leave 'em in the comments below!

Q. What should I major in during college?

A. This is entirely up to you. You can major in anything and still pursue a JD; however, if you plan on becoming a patent attorney, you do need to have a science or engineering background. Generally, you need to major in biology, computer science, civil, electrical or mechanical engineering (this is not a complete list). I would look up requirements for becoming a patent lawyer and make sure you meet the qualifications. The great thing about having a science background is that even if you decide not to pursue law after all, you’ll have great career opportunities.

Q. Do my undergraduate grades matter for law school admissions?

A. Yes, but it is difficult to say to what extent. Law schools generally publish their GPA and LSAT score requirements, but it is difficult to say how strictly they enforce them. If you meet the requirements, you definitely have a higher chance of acceptance than someone who does not; however, I would also take your degree into consideration, your extra curriculars, and your admissions essay. For example, if you are a computer science major, you may have a slightly lower GPA since that is an extremely difficult major, but you may still have a chance of being admitted if your LSAT score is high enough. I would discuss your options with your counselor and proceed accordingly.

Q. What kinds of internships or experiences will help me get into law school?

A. Unfortunately, there is not one a straight path to law school admission. I would simply focus on your own interests to gain experience and knowledge, and that should be sufficient.

I worked at the Study Abroad Office for 3 years during my undergrad, started an international club, and joined another social club. Honestly, I don’t think it mattered which club or organization I joined, but the fact that I was a member did help. When the admissions counselor saw the organizations I joined, she recommended I pursue international law. I did not follow her advice, but the organizations you join or internships you pursue can be telling of what your interests are and which area of law to focus on. Even now, part of me wishes I followed the admissions counselor’s advice, but it's important to keep your interests in mind when you choose what courses you want to take in law school. For example, if you love science, patent law may be your calling.

Q. When do I apply to law school?

A. I would apply only after you have done your research and made sure it's the right decision for you to pursue law. Ultimately, I would keep 3 things in mind: (1) the price of going to law school; (2) the law school’s post-graduation employment rate; and (3) your reason for going to law school. The first 2 points on the aforementioned list are objective measures and you can research these fairly easily; however, the 3rd point is subjective and is the most important part of the test.

If you are going to law school because "it's the next step for anyone in your major" (i.e. political science), then I would take a year off, try to find a job, and really make sure that law school is what you want to do. Just because it's what everyone else does, does not mean it's what you should be doing as well: law school is a serious decision and should not be taken lightly. If you're questioning your motivation, I would recommend making a list of your interests, your strengths and weaknesses, what else you would be doing if you did not go to law school, as well as what your long term goals are. If all choices point to law school, then you should absolutely start preparing your application! If not? It might be wise to take a little more time to think about alternatives.

Q. What is the LSAT and how should I prepare for it?

A. The LSAT is the Law School Admission Test and, unfortunately, it is not a test you can “study” for and prepare, as it does not test your knowledge of a particular subject, but it tests your reasoning skills.

In order to "prepare," I would recommend logic and reasoning courses during your undergraduate career as well as taking an LSAT prep course. It’s been a while since I took the test, but I am sure there are several online options that are affordable and useful. If anything, I would buy a test prep book and do a few practices tests just so that, at the very least, you know what to expect. As with most tests, I would recommend taking a few timed exams so that you have an idea of how quickly you should answer each question and which part of the exam you need improve on.

Q. How long is law school and what will I learn while I’m there?

A. Law school is a 3 year program. Amazingly, it flies by. You will learn case law, various areas of law, and how to analyze a case and any situation. It will definitely change the way you see the world and how you think. The difficult part is the bar exam. The bar exam tests the subjects that you study your first year, but you will not get tested on them until after your third year. Unlike the LSAT, prep courses for the bar exam are a must.

Like your undergraduate career, you will have required courses and electives. Which area of law you focus on is entirely up to you; however, I would strongly recommend taking at least 1 writing course. Despite what you see on TV shows, most of your time as a lawyer will be spent writing legal documents, so writing skills are extremely important. Lastly, keep your goal in mind: if you want to be a family law attorney, take family law courses; international business, take international law courses, and so on. If you’re lost, make the same list I recommended before you considered going to law school and focus on your strengths, weaknesses and your passion. What do you care about and where do you see yourself in 5 years? If you can answer those questions, it can be a good indicator as to which area of law you should focus on (if any). Worst case scenario, you can be a generalist and take any course that sounds interesting, and figure the rest out later.

Q. How much does it cost to attend law school?

A. Law school is expensive, and you have to be prepared for the amount of debt you will have after law school. Depending on your situation, you can face up to $250,000 of debt once you graduate, which is essentially a mortgage without a house.

This is one of my biggest criticisms of law school: they do not adequately prepare you for the debt you will have after you graduate. I believe every degree should have a personal finance course to teach you how to manage your debt, how to minimize it, and how to mentally prepare for it. I am still paying off my student loans and I have been practicing law for 5 years. I have found every method and trick in the book to minimize the debt, but it is still difficult. I hope to be done paying it off by the time I’m 40.

Q. Do I need to go to law school right away or is it normal to take a break after undergraduate studies?

A. You definitely do not need to go to law school right away! I would actually recommend working in the "real world" first and making sure that pursuing law is what you truly want to do. I would even work at a law firm to get some experience and to see what you will face once you are done with law school. The other benefit of working before law school is that you gain experience that will make you more marketable, and you can save up money to minimize the amount of debt you will have once you start law school. Lastly, it is possible to pursue law school part time and make money while pursuing your law degree (though this path can be challenging and isn't for the faint of heart).

Q. After I graduate from law school, how do I become a lawyer?

A. Once you graduate, you have will still have to pass the bar exam. Only 3 jurisdictions (Maryland, Wisconsin and Puerto Rico) allow you to practice law without taking the bar exam; however, I believe that they do require you to go to law school in those particular jurisdictions. The remaining states generally require that you attend law school and pass the bar exam. You will have to look up your state laws to see what the requirements are.

The bar exam is generally a 2-3 day exam that covers various subjects you studied throughout law school, focusing on the first year courses. It has a multiple choice and written component, and it is a difficult exam that requires a lot of studying and practice tests. If you do not pass on your first try, you may retake it; however, you will have to study again and wait another 3 months after taking the exam to receive your results. This can delay your job hunt and employment, so take it seriously and put in the time the first time around. 

Q. Does the law school I attend affect what job I get after I pass the bar?

A. It definitely can. If you are in the top law schools (as ranked by USA Today), you will definitely have an easier time getting a job, which can significantly impact your post graduation experience in terms of paying off your debt, and job security. This is not to say that you will not get a job if you do not attend the top tier schools, but it can have a significant impact. If you are in the top 1% of your class, you will generally have an easier time getting a job regardless of which school you attend; however, it still will not be as easy as attending Harvard or Yale. Definitely keep this in mind, and make sure you discuss the employment rates after graduation with the admissions office.

Several law schools have been in trouble recently about misrepresenting the employment rate post graduation because they considered a law school graduate working at a coffee shop rather than a law firm as “employed.” With that in mind, do your research and make sure that your law school will give you the kind of career prospects you're looking for and that the cost of law school will be worth it in the end. You will owe up to $250,000 of debt no matter which law school you attend, but not having a job after you graduate will significantly impact your personal life and ability to pay off the debt, so choose carefully.

Mary took on a leadership role early in her career, founding and growing her very own successful law practice in Chicago in November 2010. Following her time in Chicago, Mary moved to San Francisco in May 2012 and took on a role as the in-house counsel for an international business by providing extensive legal and business strategy support for expansion into Europe and Asia Pacific, managing and hiring personnel in the company’s legal team, providing end-to-end legal support for internal departments including IT, HR, marketing, design and development and finance. Mary is excited to launch her own law firm, Beta Law Group by partnering up with an Australian-based, Michael Law Group, offering high quality commercial legal services to tech-startups in the Bay Area and Australia. In her own time, Mary maintains her blog “Disrupt Legal,” highlighting and driving innovation in the legal industry.

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A huge thank you to Mary for sharing her insights on law school and everything you need to know before you take the plunge and pursue a JD! That's all we have for today, but stay tuned: we'll be back on Thursday with an interview on law school success with Della Shaker, Attorney at Mesriani Law Group.

P.S. Have you seen Mary's review of MerusCase on her blog, disrupt.legal? If not, now's your chance to check it out!

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Entrepreneurship, Engineering, and eDiscovery: an Interview with Everlaw's CEO

For many lawyers, it can be difficult to remember a time in which legal technology wasn't an integral part of their firms. Granted, as much as we love the simplicity that technology brings to our lives, it's the engineers behind the tech that we truly need to thank for transforming the way we work! AJ Shankar, CEO of Everlaw, is one of these engineers: a brilliant technologist who's changing the field of eDiscovery for the better.

Last week, we had the opportunity to sit down with AJ to discuss his rich background in engineering, his knack for entrepreneurship, and his path to building an eDiscovery tool that lawyers love:

Marissa: What inspired you to study technology and software engineering? How did you know it was more than a passing interest?

AJ: I was mostly a math guy in high school; I didn’t learn how to write code (other than BASIC and HTML) until college. The intro CS classes piqued my interest, and then I took the compilers class, in which you build a working compiler -- a program that transforms human code written in a normal programming language into machine code that a computer executes.

When you use a compiler, it feels like magic: you write things out in text, and the next thing you know, a piece of silicon with a billion transistors, running on electrical impulses, just does want you want. When I got to peek behind that veil, I was hooked.

Programming is also just intrinsically satisfying for me. The combination of creativity, elegance, logic, and the satisfaction of making something is incredibly compelling. It’s the best combination of math and art I could have hoped for.

Marissa: When and why did you decide to go into legal technology specifically?

AJ: I was a technical expert consultant for a law firm for a few years in the 2000s. It was then that I saw the massive volumes of evidence in large cases, and the fear and anxiety attorneys experienced wrestling with the stereotypically buggy, slow, and hard-to-use enterprise software they had purchased to deal with it. Meanwhile, I was pursuing my Ph.D. in Computer Science, and I knew firsthand what was possible with good software. So that got me thinking.

Marissa: It’s said that somewhere around 90% of startups end up failing (fast). What do you think it is about your team that led you to succeed, despite this overwhelming possibility of failure?

AJ: I wouldn’t say we’ve succeeded yet! It actually feels like we’re just getting started, in terms of our bigger vision. We got here, though, by focusing single-mindedly on building a product that our users love. We don’t really take shortcuts, and we have no super viral marketing campaigns or famous spokespeople. So it’s been pretty straightforward. I hope we’re able to continue in that vein.

Marissa: Individuals within the legal industry can sometimes be slow to adopt technology. Coming from a background in tech, what is your unique approach for helping legal professionals to embrace tech in the workplace?

AJ: The easiest thing to do is to remind them of how transformative technology has been to their personal lives. They should harbor those same expectations for their professional lives as well. A nice crossover is the smartphone: every lawyer intuitively understands how powerful and essential their iPhones or Androids are to their workflow when they’re on the go. What if they had similarly powerful technology at their fingertips in the office?

Marissa: If you had known how much work it was going to take to start and run a successful company, would you go back and do it all over again?

AJ: Oh definitely. The startup camaraderie, shared sense of purpose, opportunity to do something pretty unique, ability to directly and dramatically help our users -- all of these things are addicting. To me, it seems like it takes a lot more work to slog through a standard 9-5 job than it does to do this.

Marissa: A huge part of starting a company is investing in the right team that believes in your mission as strongly as you do. What kind of strategies do you employ to make sure that your team is always happy, healthy, and pushing the envelope?

AJ: Our team is by far the most important factor in achieving our mission, so we spend a lot of time making sure our work environment is really great. We have a shared vision, clearly-articulated company values, a lot of personal freedom, low meeting overhead, custom work environments (most people now use standing desks), lots of team activities, frequent communication between the development and business teams, transparency about successes and failures, and communal ownership of work product, so that everyone feels responsible for developing a great product and no single person is blamed for a failure.

We hope you've enjoyed this behind-the-scenes look at AJ's journey from law firm support to Everlaw (a journey that wasn't much different from Johnny's, our CEO, experience with MerusCase). If you have any lingering questions or thoughts, feel free to leave them in the comments below!

AJ Shankar is the founder and CEO of Everlaw, where he leads a team that's building the world's most advanced litigation platform. Everlaw serves 8 of the top 10 class action law firms and was named an ediscovery “Vendor to Watch” by Gartner. AJ has a Ph.D. in Computer Science from UC Berkeley and an A.B. in Applied Mathematics/Computer Science from Harvard University. You can connect with him on Twitter @ajshankar or @everlaw.

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Everything You Need to Know About Lawyer Ethics and Social Media

By Francine Ward, Attorney-At-Law

Lawyers have always been held to high ethical standards; arguably, higher standards than most other professions. After all, lawyers are “officers of the court,” and therefore, ambassadors and guardians of the legal system. These standards of ethics are primarily set by the state where a lawyer is admitted to practice. However, the American Bar Association (ABA) as well as state and federal courts often play a significant role in determining what a lawyer can and cannot do.

As the world changes, ethical standards for lawyers must be perpetually reevaluated and updated. And due to the evolvement of the Internet age, and particularly Social Media, ethical standards have had to evolve as well.

At the end of the day, lawyers are people; therefore, lawyers will inevitably use Social Media much in the same way that other individuals do. Just as there are pitfalls and legal landmines to avoid for individual users and businesses in every industry, the same goes for lawyers and their practices. Keeping abreast of the legal and ethical ramifications involved in the use of Social Media is of the utmost importance for any legal professional.

According to recent surveys, Attorneys are now as likely as non-attorneys to use Social Media. In fact, a recent study by the ABA* found that more than ½ of all lawyers belong to at least one social media website, whether it be Facebook, Twitter, Instagram, LinkedIn, Google+, or otherwise.

In 2009, the ABA created the 20/20 Commission (the “Commission”), which was charged with assessing the current ABA Model Rules. Since then, all jurisdictions, save for California, have adopted some form of the ABA Model Rules. The Commission was tasked with performing “a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” In other words, to keep up with social change, a large part of which is Social Media, and the evolution of the practice of law. ABA Model Rule 1.1 states in part, “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.”

To stay current and abide by the ethical rules, lawyers must continually educate themselves on issues, ethical opinions, ethics rules, and current case law that affects their practice and their clients.

The Commission recommended changes in four (4) distinct categories:

• Outsourcing legal services;
• Accommodating increased lawyer mobility;                      
• Protecting client confidences;
• Use of technology for legal services marketing.

The ABA House of Delegates, the ABA’s governing body, approved these changes on August 6, 2012 at its Annual Meeting held in Chicago, IL.

There were a number of other Model Rules which were directly impacted by the Commission’s recommendations. In particular:

• Rule 1.18 (Attorney/Client relationship)
• Rule 1.6 (Confidentiality)
• Rule 5.5 (Unauthorized Practice of law)
• Rule 7.1 (Communication Concerning a Lawyer's Services)
• Rule 7.2: (Advertising)
• Rule 7.3: (Direct Contact with Prospective Clients)

Furthermore, in 2010 the ABA’s Standing Committee on Ethics and Professional Responsibility issued a Formal Opinion (10-457) dealing with “Internet ethics.”

The opinion acknowledged that lawyer websites are common means of communicating with the public and concluded that:

• Websites must not include misleading information, must be mindful of the expectations created by the website, and must carefully manage inquiries invited through the website. 
• Websites that invite inquiries may create a prospective client-lawyer relationship under Rule 1.18 (Duties to Prospective Clients). 
• Lawyers who respond to website-initiated inquiries about legal services should consider the possibility that Rule 1.18 may apply. 

As noted, rules and laws pertaining to lawyer ethics vary from state to state. One example of how jurisdictions vary in their treatment is regarding the use of disclaimers on websites, blogs, and other forms of online advertisements. For example, the DC Bar does not require disclaimers. In fact, the D.C. Rule of Professional Conduct 7.1(a) dictates only that lawyers must make truthful statements that are not misleading in advertisements. These statements cannot create an “unjustified” expectation about the results that the lawyer is able to achieve for a client. On the other hand, California and Virginia consider blogs to be attorney advertising, where a disclaimer is required.

Some states like California, New York, Oregon, and Rhode Island allow for the use of testimonials for advertising purposes, although restrictions do apply. Conversely, Virginia, Florida, Nevada, and Wyoming don’t allow lawyers to have testimonials at all. In fact, the Florida Bar has imposed among the most restrictive ethics rules of any state.

As a U.S. lawyer admitted to practice in any state, it is our responsibility to know the rules and abide by them. To ignore them can subject a lawyer to discipline and worse—disbarment.

The second president of the U.S. John Adams proclaimed that “We are not a nation of men, but of laws,” therefore, I take great pride in my profession as an attorney and accept all the responsibilities that come with it. I cannot stress enough the importance that ethics play in our legal system, and in the smooth and efficient running of our respective law practices. People rely on these ethics when facing legal challenges, as does our society as a whole.

Until next time, I’m Attorney Francine Ward.

Francine D. Ward, is a business and intellectual property attorney with a focus on copyrights, trademarks, publishing, and entertainment law issues. A 1989 graduate of Georgetown University Law Center, she is admitted to practice in New York, California, and the District of Columbia. Additionally, Ward is admitted to the Bar of the U.S. Circuit Courts of Appeals for the 2nd and 9th Circuits; as well as the U.S. District Courts for the Central District of California and the Southern District of New York. 

She is the immediate past chair of the ABA-IPL Ex Parte Trademark Committee, and the incoming Vice-chair of the ABA-IPL Copyright & Social Media Committee. In addition, Ward is also a member of the ABA-IPL CLE Board, the Nominating Committee, a Commissioner on the ABA Commission for Lawyer Assistance Programs, and a frequent CLE speaker on social media and other IP related topics.

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Making Mobile-Friendly Websites That Will Get Your Law Practice Seen

By Kymeshia Morris, San Diego Esquire

Google recently announced a new change in its algorithm that ranks mobile-friendly websites higher in search results. What does this mean for your law practice? It means you need to optimize your website to be mobile-friendly and you need to do it now. It also means that new opportunities will open to communicate with potential clients by creating an interactive experience through a sleek, user-friendly mobile interface.

Granted, most websites today are already inherently mobile-friendly, especially if you’re already using web hosts such as Squarespace, Bigcommerce or Shopify. If your web host doesn’t have a mobile layout editor, or it’s tough to navigate, I suggest you hire our professional web design team to create a smartphone version of your legal website.

If you’re still not convinced or think it’s too much of a hassle, check out these figures:

• 52% of the U.S. population owns a smartphone, or about 165 million people, who are constantly tapping way on their screen, searching for products and services
• 60% of consumers are more likely to make a purchase if the website they’re visiting is mobile-friendly.
• Currently, almost 50% of Fortune 500 websites are not mobile-optimized, and 94% of small businesses don’t have a mobile-friendly site.

That last statistic is startling and should motivate you to optimize your website for mobile and tablet now to jump ahead of the competition. Another benefit of Google’s new algorithm update, though perhaps unintended, is that it relatively equalizes the playing field in terms of business competition—at least on the web.

The internet is one of the greatest forms of communication ever conceived. Sure, giant corporations like Google, Facebook and Yahoo dominate the web sphere, but it also means that your law practice can tune in to the global exchange of conversations, ideas and products, and in turn contribute.

Another way you can use this paradigm shift in search engine processes to your benefit is by strategizing with your marketing department on how to effectively implement your new website’s mobile-friendly design. For instance, you can design and distribute mobile apps that could feed more traffic into your website. In fact, your entire mobile website could even be an app itself. Think of Instagram, which became a global phenomenon despite being an exclusively-mobile app website (to use it).

This exemplifies where web technology and in turn, society as a whole, is headed. It’s the same reason why Google decided to be more mobile-centric. Mobile phones are a part of our life whether we like it or not. So if you’re still on an old HTML desktop format, you should seriously consider optimizing it for the web and then effectively using it to its full potential—from launching apps, or creating an official company Instagram page, to simply giving your customers a more user-friendly experience.

What are you doing to improve user experience for your firm's website? Let us know in the comments below!

Kymeshia Morris, Esq. is the founder of BizCopywriters & San Diego Esquire. She loves copywriting and online marketing. Follow @kymeshiamorris for the latest updates on content marketing for online businesses. This post originally appeared on the San Diego Esquire blog and has been reposted with permission.

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How to Make Time for Social Media

By Ruth Carter, Carter Law Firm

A frequent question I get is, “How do you make time to write blog posts and be active on social media?” My only response is to say, “I make time for the things that are important to me.”

I've been practicing law since January 2012, when I opened a law practice right out of law school. I built my firm from the ground up, primarily marketing myself through social media. I’m currently active on Facebook, Twitter, YouTube, LinkedIn, Google+, Periscope, and I write for four blogs, including the one for my firm. That said, about half of my new clients find me through the internet when they do a search related to a problem they are having and it leads them to one of my blog posts or YouTube videos.

Treat social media like what it is: networking.

Half the job of being a lawyer with a solo practice in an eat-what-you-kill position is to keep new clients coming in the door while simultaneously working on current clients’ projects. I probably spend at least half my time each work day dedicated to interacting with others online and writing posts. It’s as important to me to be active online as it is to attend networking events, especially considering that social media is an excellent way to supplement the in-person networking you do. It helps keep you top of mind and demonstrates to potential clients that you are knowledgeable, accessible, and helpful.

The easiest way to fail at social media is to make it all about you.

You should never treat your social media like a digital billboard. The purpose of social media is to interact with people, not to talk at them. With print ads and billboards, it’s a one-way communication whereas, online, you get to be part of a rich community. With digital marketing, you can say so much more than, “Have legal problems? Call me!” Instead, you get to talk with people (including prospective clients) about local issues, current events, and topics related to your practice areas. These interactions allow you to be more of a real person instead of just a persona. Given that people hire people, you can use your online interaction to form and maintain relationships with others so they will be more likely to think of you when they, or someone they know, has legal issues.

Start small and go where your audience is.

Did I start out being active on six social media platforms? Absolutely not. I started with one and I’ve been continuously building my social media presence of the past six years. If you only have time to do one thing, at least to start, write a weekly blog about a legal issue related to your practice. Moreover, make writing that blog post a priority – no matter what. Maintaining a blog shows that you are active online, can speak to your audience’s needs, and if you set it up properly, it will help with your search engine results. It’s not hard to learn, but you do have to be diligent for it to be effective.

The more time and effort you put into your social media, the more you’ll get out of it.

Prior to the internet and social media marketing, most lawyers likely viewed promotional activities as one-and-done events: they sponsored an event or they bought an ad in the yellow pages or newspaper and waited for the phone to ring. These events didn’t require time or energy on an ongoing basis. With social media marketing, lawyers must be active on a regular basis; it may be less expensive in terms of money, but in terms of time, its a much greater investment. Granted, at the end of the day, social media marketing comes with a strong pay-off for those who do it well.

Yes, you do have the time.

I love Gary Vaynerchuk’s video on “hustle,” the most important word for entrepreneurs. (Warning: this video contains profanity so it may not be appropriate in the workplace or around children unless you have ear buds.) In this video, he reminds the audience that everyone has time; your just priorities dictate how you use it. If you think that you don’t have time to be active on social media, take a look at where you are spending your time. If you’re watching 3 hours of TV every night or if you have time to go drinking with your buddies, maybe you should redirect some of that time in order to interact with your contacts.

Ruth Carter is a licensed attorney in Arizona with a practice that focuses on intellectual property, social media law, business startups and contracts, and flash mob law. She is the owner of Carter Law Firm and Of Counsel at Venjuris in Phoenix. Ruth was selected for the American Bar Association Legal Rebels in 2012 and the Phoenix Business Journal’s 40 Under 40 in 2013. She is the author of three best-selling books on the legalities of guerrilla marketing and social media including The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed.

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Addressing the Access to Justice Gap

By Hiraa Khan

At MerusCase, we're passionate about the ways in which new technology is revolutionizing the legal industry. That's why, today, we're sharing an exclusive guest post from Hiraa Khan, the co-founder of CrowdDefend. Keep reading to learn more about how CrowdDefend is using technology to address the access to justice gap in new and innovative ways!

The Justice System and Our Democracy

Over 100 years ago, our Supreme Court deemed access to the judicial system to be “one of the highest and most essential privileges of citizenship.” However, recent events across our country, in places like Ferguson, Staten Island, and Cleveland, have made it more clear than ever before, to more Americans than ever before, that equal access to justice is an ideal that we must work much harder to realize. Our judicial system is a hallmark of our democracy; it is imperative that we diagnose the inequities in our current system and understand how remedying it benefits us all.

Landmark legal cases like Brown v. Board of Education, Gideon v. Wainwright, and Roe v. Wade have changed the lives of ordinary Americans, especially for those living at the margins of society, forever. Where the legislature was bound by partisanship, the judicial system rose above politics to hand down decisions with far reaching social implications. Impact litigation gives us a chance to cut through partisan politics and focus on the true legality of highly polarized issues. These types of cases are vital to pushing our democracy forward. That being said, the vast majority of legal issues are individual civil cases, including issues such as home foreclosures, domestic violence, and wrongful termination. These types of cases are, in their own right, critical to our society’s greater health.

Unfortunately, the high costs of legal representation, court fees, associated trial expenses can exclude many low and middle income Americans from participating in the justice system. Unlike in criminal cases, the right to an attorney is not granted in civil cases. This leaves millions of people exposed and without recourse for legal issues that can have far reaching personal and/or professional consequences.

Legal aid programs, which are meant to fill this gap, are drastically underfunded and under-resourced. By most accounts, legal aid organizations have to turn away 9/10 legitimate cases that they receive. Many states have fewer than 1 civil legal aid lawyer per 10,000 residents who rank as low-income under federal standards. In California, where we are based, over 67% of the state’s poor do not have access to legal representation or advice. You can learn more about the access to justice gap here and here.

How Closing the Access to Justice Gap Benefits All

While legal aid has not traditionally been linked to poverty alleviation, an increasing number of legal experts will attest that investing in civil legal aid makes good economic sense. Multiple statewide studies have demonstrated that investing in justice produces positive economic effects for residents of all income levels, in both the short and long term. In states such as Tennessee $1 invested in legal aid can return over $11 in social benefits to communities. Several other states have seen similarly high returns on investments in justice.

Furthermore, judges across the country have come out in support of civil legal aid. They recognize that when individuals come to court with sound legal representation our justice system works better. The vast majority of the judges surveyed in one report said that litigants without legal counsel slow down everyday court procedures and clog the judicial system. These judges also noted that when individuals lack legal representation it "negatively impacts the court's ability to ensure equal justice to unrepresented litigants."

How Technology is Helping to Level the Playing Field

A number of innovative companies, like MerusCase, are using technology and the internet to lower the cost of legal services, while others, like ProBono.net, are working to make the law and our court system more relatable and transparent. These disruptive innovations, and others like them, give us the tools and the channels to provide greater access to justice to the people who need it the most.

At CrowdDefend we, too, envision a world in which ‘Justice for All’ is fully realized for all citizens, regardless of age, gender, sexual orientation, or socio-economic status. We believe that providing access to justice for those that have been wronged is a collective responsibility, as it moves us ever closer to a ‘more perfect union’. Our platform allows individuals and communities to share their stories with concerned citizens across the globe. For the first time, donors can give directly to specific legal cases that resonate with them, and thus help level the legal playing field. In addition to funding critical legal matters, it is very important to us that we help create an online space for much needed dialogue about the access to justice gap.

How the Legal Industry Can Get Involved

If our values resonate with you, we encourage you to join our movement. Here are a few ways to get involved:

• Visit CrowdDefend and browse our campaigns 
• Donate to cases that resonate with you
• If you’re an attorney, you have a special role to play - join and start conversations around the access to justice (#A2J) gap. People want to hear your perspective. 
• Urge your local and state representatives to increase funding to vital legal aid programs (#InvestInJustice). 
• Support legal innovations that help lower the cost of legal services and level the legal playing field.

Hiraa is the CEO and Co-Founder of CrowdDefend. Hiraa received her BA and her MPP from the University of California, Berkeley. Hiraa is passionate about philanthropy, social justice, and technology. She has previously worked for Google Inc, American Civil Liberties Union, and GiveMob. CrowdDefend is a new crowdfunding platform for the legal space. CrowdDefend helps individuals, small businesses, and organizations fundraise for legal cases that matter. To learn more visit www.crowddefend.com.

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Finding the Path to an In-House Career

By Fernando Garcia, General Counsel for Nissan Canada

The most common question I hear from junior lawyers is “what can I do to make the transition into an in-house role?”

Unfortunately, the answer is rarely a simple one. In fact, it is often the dreaded “it depends” response.

Much of it will depend on your educational background and your experiences. The traditional approach was to spend four or five years as an associate at a law firm and then make the shift to in-house practice. However, my experience shows this doesn’t always have to be the case. In fact, some are now going in-house immediately after articling. It depends.

The key is knowing what makes you different from others and what value you can add to your potential employer. What is your competitive advantage?

In my specific case, landing my position as general counsel at Navistar Canada was a case in point. My academic background in labour relations and human resources (a BA in labour studies and a master’s of industrial relations), along with my experience as a labour relations consultant at Ontario Power Generation and articling and working for two years as a junior associate at boutique labour and employment law firms, made me an attractive hire for a company for whom HR and labour relations issues represented a large proportion of their work.

Having previously performed work for Navistar as an articling student and a junior associate, I also knew the contracts and the players on both sides of the table. My knowledge of corporate/commercial, contracts, dealer operations, corporate governance, etc., developed thereafter. HR and labour relations were my comparative advantage and my ticket for getting my foot in the door.

There are other important considerations as well. Once you land an in-house position, you will either find yourself as a subject matter expert within a large in-house department or as a jack-of-all trades as the only legal officer, or with multiple areas of responsibilities within a small- or mid-size in-house department. At that point, the key will be to learn as much as you can, as fast as you can.

You can strengthen your areas of weakness by attending seminars provided by law firms, legal associations, and trade groups. Expand and grow beyond your comfort point. Also, don’t be afraid to ask questions and volunteer to assist with projects that expand your legal knowledge and your understanding of your company’s business and industry.

Ask for help from your external legal counsel when you don’t understand something. They will often be glad to assist in guiding you through documents, providing you with advice, and getting you up to speed on the basics, often at minimal charge or no cost. If you are open to learning and continuously improving, your level of knowledge and experience will expand quickly.

In summary, if your future goal is to become a successful in-house lawyer, in my opinion there are several important steps you can take:

• During law school, take business courses as electives, if possible. At the end of the day, an in-house counsel is both a lawyer and a member of the business team.
• Consider looking at the option of articling in-house. Yes, the prospects of securing a job upon graduation may be harder than through a formal law firm articling placement, but if that is where you want to be and can secure a good placement, it may accelerate meeting your career objectives.
• Once you identify some areas of interest, become an expert in one or two of these areas of the law.
• Network, network, and network with other in-house counsel and legal headhunters. I would also recommend attending events hosted by associations like the Canadian Corporate Counsel Association and the Association of Corporate Counsel.
• This one is tricky, but if you start off in private practice, make it known to your law firm partners and mentors that you would welcome a transition in-house. While this will obviously affect your future working at the firm you are in, many firms actively support having junior and mid-level associates transition in-house as it is seen as a way of preserving their relationship with the corporate client and you as their contact.
• When looking for an opportunity, take a chance applying for jobs even if they seem like a stretch or if they require certain experience that you do not have. It is always valuable to practice interviewing and, more importantly, you may not get the role you apply for, but will then be on the radar of the recruiter who may consider you for another future role or opening.
• Make the change for the right reasons. I hear it too often that people seek to move in-house for work-life balance. That may not always be true. Do your homework on the organization you are applying to, as in some cases you may find yourself working as long as you did in private practice (although of course without billable hours). 

In conclusion, there are no set and fast rules as to what you can and should do to secure that dream in-house job. My opinion is based on my experiences, which in many ways are atypical of the average lawyer as I was able to get into the in-house practice relatively early in my career. Nevertheless, where there is a will there is a way. You can’t succeed if you don’t try.

Fernando Garcia is the General Counsel for Nissan Canada, Inc. Fernando’s duties include providing strategic and legal advice on Canada-wide dealer operations, contracts, labour relations and employment law, government affairs, litigation and all general legal matters. He holds an MIR from the University of Toronto, and LLB/BCL from McGill and recently completed an MBA at Wilfrid Laurier University. You can connect with Fernando on LinkedIn. This post was first published June 15th, 2015 on Canadian Lawyer Magazine.

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