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Florence M. Fass
Image: Rick Kopstein/New York Law Journal
The stark reality of facing the worst economic decline since the Great Depression has left many of us devoid of the optimistic energy with which we usually greet the New Year. Indeed, the typical resolutions to lose weight and to stop smoking have been replaced with growing concerns about losing jobs and stopping foreclosures. That is certainly true for the 7,300 attorneys who lost their jobs nationwide between June and October of last year.
So what, if anything, can a lawyer do to prevent being laid off, or at least to minimize the risk of termination? First, become visible. The pressure of billing hours often drives attorneys into their offices, at the sacrifice of socializing with colleagues within the firm or at local bar association events. But a lack of visibility is a sure way to become expendable.
Cutting personnel is a daunting task at any law firm, and rest assured that every attorney giving a fellow attorney a termination notice, also sees herself in the same place. So empathy plays a significant role in the termination process. The better known (i.e., liked) you are both personally and professionally, the greater the empathy factor and the more hesitant the decision becomes when deciding who to cut -- with all other things being equal, of course.
And what are those other things? One of the most important is the ability to be flexible, both in terms of the type of work you are willing to do (or try) and the time you are willing to devote to do it. All of us can agree that the nine-to-five, five-day-a-week attorney is a thing of the past. The pressure of firm economics (and the demands of the profession) dictate that lawyers must devote increasingly more time to their jobs.
So let it be known you are a team player willing to help others who may be overloaded at the moment. Let it also be known you are willing to do it in addition to your own workload, and will even put in a Saturday to get the job done. Volunteering to work on a weekend makes an amazing impact on those in charge of making the tough decisions about terminations.
Volunteering to pay for something yourself -- even if it may be primarily for the firm's benefit -- is also a remarkable attention getter for positive reinforcement. In this arena, the opportunities abound. Anything from paying for a link service to your office computer, to the cost of a seminar on marketing in tough economic times, to joining a new professional association, is fair game.
Let the firm know you are willing to invest your own time and finances to benefit the firm; it will be appreciated. At the same time, there is rarely anything you will do in this area that will not also benefit yourself. Any new tool or new source of knowledge can only help to expand your own possibilities as an attorney.
And that brings us to the extent of your technological knowledge. Technological skill is another important attribute that weighs heavily in determining who is "expendable." If you are an attorney practicing more than 20 years, you are likely behind the times in this arena. Don't be.
An attorney who can effectively utilize a variety of the software available to the profession becomes a valuable tool for the firm. Indeed, in a pinch, the attorney can cover the work of a laid off secretary or paralegal who was relegated to producing spreadsheets and document summaries.
The technological advances in legal research -- both through standard providers such as Westlaw, Lexis/Nexis and Lois, as well as the available Internet resources -- are another important skill to be mastered by an attorney seeking to become indispensable. Training is often available through local bar groups or though the providers themselves. And don't forget the "For Dummies" editions of just about anything in the tech field.
For a total immersion experience, attend Legal Tech New York, which is co-sponsored by the New York Law Journal, from Feb. 2-4, following the annual meeting of the New York State Bar Association.
Your contacts at the local bar group, with community groups or governmental personnel is another important attribute that may be seriously evaluated in the termination process. An attorney who becomes the "go to" person for making the right contacts to get the job done or obtain the information needed on an expedited basis, is a valuable commodity.
Being active in the local bar association and in your community will put you in touch with a myriad of people outside of your practice who can help when the time comes. And those people are not always "at the top." Too often, attorneys tend to overlook the importance of someone's secretary or a departmental clerk, and that is a big mistake. Building congeniality with such personnel may assure an answer will be quickly found about a process not found "in the books."
Above all else, a positive attitude is one of the most important attributes an attorney can have in these troubled times. That is not to say that a mindless, happy-go-lucky attitude will be well received; it is not. But a thoughtful can-do attitude will be.
People want to be around others who want to overcome the odds. Rest assured that those attorneys who are smart enough to recognize that times are tough, are willing to extend themselves and make a few personal sacrifices doing it, are the ones who are going to be around for a long time.
Florence M. Fass is a senior partner at Fass & Greenberg in Garden City, N.Y.
