Practice Management

Do you watch the show Survivor?

It is part reality TV show and part game show, produced in many countries throughout the world, in which the contestants are isolated in the wilderness and are forced to complete for cash and other prizes.  The show uses a system of progressive elimination, allowing the contestants to be voted off the show and the location.  In the process of getting voted off, each losses their opportunity to partake in the future riches.  The players compete in groups or individually in contests called "challenges" consisting of endurance, problem solving, teamwork, dexterity and willpower.  Winning the challenges might extend the players stay a little longer and provide them a little something to make their lives a little easier.  But, you learn pretty quickly that the one that ends up as the "Sole Survivor", and the one that gets the money, the car, and the attention, is really the one that succeeds not as a culmination of these skills, but at scheming, exploiting, manipulating, bamboozling, betraying, deluding, scamming, victimizing, beguiling and cheating the others in the group.  The show is fun to watch, but in the long run think about what and who is what is really rewarded.

Does it not remind you of Big Law?  Oh sure, Survivor Big Law is played in suites in air conditioned and heated skyscrapers.  The "Tribes" could just as well be the group of associates hired every year.  Each of these associates are very smart and very talented people -- generally the top 10% or better of their classes.  They each have a great legal skill set that makes them uniquely qualified for the Big Law track.  But, what most of them lack for ultimate success is the dauntlessness to impress the partners by willfully demolishing the esteem, merit, superiority of skill, distinction, goodness, value and worth of the others in the Tribe over a period of time.

And, is that not the problem with progressive elimination competitions of no real importance except money?  They do not act to advance any practical or useful skill or aptitude of a participant, as the only talent it promotes is one of artifice, deception, sophistry, and trick.

Most, quite frankly, do not have the amoral fortitude to continue and they move on.  Most of the rest are eliminated in one respect or another.  But, the cost to the legal system overall is great as bluffing, ambushing, gaming, gimmickry, double-dealing, subterfuge, chicanery, plot and ploy is what is introduced into the system above a solution or defense that is based upon frankness and honesty.  Just because it is wrapped in a thousand dollar suit, made with a straight face, and is supported by degrees and honors does not make it correct or right.  And worse, when it is promoted by Big Law it somehow sends a signal to everyone else in the legal community from solos, judges, prosecutors, government employees, and law professors to do, act and encourage, however imperceptibly, accordingly or respond in kind.

Worse, for those sold on the prospect of Big Law, is that odds of survival are not that good.  What good is a larger than average paycheck (in return for an ungodly work schedule) out of law school if you stand to lose it later and then must start over?  Not only that, but you are later tanned with the Big Law banner without having the cash, prestige or trappings of Big Law.  The former associates might get a degree of nuts and bolts knowledge about a practice area (that is good), but generally speaking the elimination battle sets the associates eventual career back as they must them backtrack and rebuild.

It can as well be compared to a lottery of sorts.  Initially the Big Law lotto might be fun to play, but in the long run the chance of coming out on top is really such a long shot it is not practical.

I get phone calls or emails weekly from lawyers who have left or who are planning to leave Big Law, and are now needing to come up to speed on how to actually practice law as opposed to concentrating on the law and the drama that surrounds it in their present large firm environment.  Most often, while they are making such an abrupt change, they are looking to change practice areas as well.  So, it is all new.  And, in and amongst the problems of doing this, they are concerned about how to replace the salary and benefits to which they have grown accustom.

In the long run, when graduating from law school, it might just be easier to forgo the immediate reward, and concentrate on building something that in the long run is more praiseworthy, permanent, and yours even if the immediate money is a little below par.

Just something to think about.