What Really Differentiates Law Firms?

Many law firms are focused on differentiating themselves from competitors. But what separates one firm from another in the eyes of the client, talent or the market? Years ago, many firms cited culture or quality as the characteristics of their firm which distinguished it from others. However, in today’s legal industry, most clients view quality as ‘table stakes.’ In our work interviewing law firm clients for the purposes of informing law firm strategy and market positioning, we regularly hear clients identify quality as a fundamental requirement among all firms they hire, with a common refrain… “If the quality of work was not there, we would find another firm.” In addition, most firms have found that a truly unique culture can be challenging to define, and in today’s fluid lateral market, the ethereal nature of culture is seen as offering less relative value to talent and certainly to clients. So, if culture and quality are not differentiators in the eyes of clients, what factors effectively distinguish one law firm from another?

Depth of Expertise

In today’s legal market, clients routinely hire lawyers based on their specific areas of expertise and past experience in handling particular types of legal issues. Clients shop for lawyers with the depth of knowledge and proven experience in the area of law or type of matter relevant to their needs, and in this regard, either real or perceived depth of expertise differentiates one lawyer from another. In fact, our recent client interviews indicate an emerging form of client pre-occupation with “hyper-differentiation” – an almost laser-like focus on selecting lawyers who have successfully proven experience and expertise in increasingly niche areas of law.

As a result, numerous law firms have developed a strategy which involves depth-of-expertise-based differentiation. To be effective, this strategy requires building superior depth in a specific area and then becoming recognized as offering market leading expertise in that area. Typically, depth of expertise is achieved in a variety of ways, including developing and training lawyers, building thought leadership, investing in client opportunities to gain additional experience, enhancing market recognition through speaking, writing, PR, advancing lawyer rankings, expanding lawyer networks among clients and referral sources, and hiring high profile laterals/market leaders, among others – all focused within the expertise areas identified for differentiation.

Recognizing that firms cannot effectively be real or perceived experts in all areas of law, this differentiation strategy requires focus. Most firms identify a select number of areas (typically a maximum of three or four) for building superior depth relative to other firms, such that clients will view their lawyers as offering the greatest depth and richest experience among competitors. These efforts are time and resource intensive and often require a substantial investment in order to be effective. Investment may come in the form of funding lateral hiring, additional marketing and BD support, technology investments, entering new markets, and even additional compensation to current lawyers in differentiator areas. Historically, firms have leaned more heavily into substantive practice-based differentiators, although over the past decade, firms have increasingly incorporated areas of industry focus as targeted differentiators. Industry differentiators offer the advantage of better aligning a firm with clients’ business needs, responding to client demand for industry experience, and profiling a range of practices with depth in that industry. Given the magnitude of dollars and energy required – coupled with the competitiveness of the marketplace, many firms find that establishing differentiation in even one to two practice or industry areas represents success.

Often times, the process of focusing on a select number of areas for growth and building depth results in lawyers outside those areas pushing back, as they perceive such an approach as marginalizing the importance of their practice. In resisting a depth-of-expertise-based differentiation strategy, these partners lose sight of the fact that no law firm can credibly be seen a market leader in every area, or even in a large number of areas. By virtue of raising the firm’s market recognition, profile and credibility as a leader in a specific practice area or industry, the firm overall benefits from greater market recognition, practice growth, heightened brand awareness and an improved external perception of the firm as being comprised of market leading practitioners. This halo effect of differentiator practices leads to enhanced opportunities for all of the firm’s lawyers, as the firm’s reputation is expanded as pre-eminent and as differentiator practices attract new clients, leading to additional revenue and better economics.

Other Differentiators

Of course, practice or industry-based differentiation is not the only approach that firms can use to distinguish themselves from the pack. Often times firms couple a practice and/or industry-based differentiation strategy with complementary differentiators, such as those strategies identified below.

Platform: An increasing number of firms compete based on a large and growing international or global platform. A platform-based differentiation strategy is one that that requires substantial investment and risk-taking through national and international growth and expansion. To compound the challenge, market leadership for a global platform has already been established to a large degree by current global firms. Firms most successful at capturing the benefit of platform-based differentiation have found ways to establish true interconnectedness among their lawyers – to take advantage of and fully leverage the firm’s network of offices and practices.

Service-Delivery: A handful of firms have already moved to adopt innovative approaches to their service delivery model which differentiates their firm from more traditional law firm models. Many of these firms have successfully differentiated themselves relative to competitors through the use of technology, alternative staffing, legal project management, process improvement and other approaches. For some firms, service delivery differentiation has offered a broader, differentiated market position (e.g., Seyfarth Shaw), while for others, it is more of a direct response to price competition and a need to provide a superior service-delivery offering relative to competitors.

Pedigree: A small and elite group of firms seek to differentiate themselves based on pedigree. The goal for these firms is to maintain an internal composition of lawyers from top law schools and/or federal clerkships, which often times contributes to external perceptions of an elite brain trust and high caliber of lawyers. Given the cost of attracting and retaining high-pedigree lawyers, this differentiation strategy has worked best for boutiques – particularly ones in high-demand legal markets (e.g., New York) or with national level practices (e.g., trial).

Price: Numerous true commodity firms compete based on price, and some of them are quite profitable. However, the primary challenge with a price-based strategy is that there is generally only one winner – the lowest priced firm in the market. For all other firms competing on price, this strategy simply represents a race to the bottom. Other price-based strategies are still emerging, such as those firms competing based on purely non-hourly pricing approaches.

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In spite of subtle differences, many law firms look an awful lot alike. In today’s competitive industry, it takes much more than a claim to a unique culture or better quality to enable a firm to stand out from the pack. Given clients’ focus on the selection of lawyers based on depth of expertise and experience, many firms have found that differentiation is most readily achieved by building pre-eminence and market recognition in a limited number of practices and/or industries. For some firms, other differentiation strategies often complement a practice/industry-based differentiation approach, or potentially stand on their own merit. In the end, the aim for firms is to distinguish themselves from competitors and peers, such that the market and clients broadly recognize the firm as offering something superior and different, and connect value with that difference.

10 Different Law Firm Positions and What They Do

What are law firm positions?

A law firm position is a job or role that an individual fulfills to help a law firm successfully complete its duties. There are many positions that an individual can obtain at a law firm, including some that don’t involve practicing law. For instance, you can seek a job as a clerk if you want a role that supports the attorneys you work for, or you can become an accountant if you desire a job that handles the firm’s business aspects.

How to start a career in law

Here are a few steps you can follow to start your career in law:

1. Earn a bachelor’s degree

Depending on which law career you’re interested in pursuing, the type of degree you receive can vary. To become a paralegal, for instance, you can major in nearly any discipline. However, if you choose not to get a degree in paralegal studies, it can be helpful for you to earn a paralegal certificate after graduation, which can train you for the position and show potential employers your dedication to the job.

If you’re interested in furthering your education with law school and becoming a lawyer, some of the best degrees to pursue might be philosophy, political science, English or business. It can also be beneficial to pursue relevant extracurricular experiences, such as a mock trial or debate team, which can show law schools that you’re invested in the profession and have experience that will aid your career.

2. Take the LSAT

The LSAT tests your critical thinking, reading comprehension and information management abilities. The score you receive from the test shows law schools how well you can use those abilities and your potential skills for future legal work.

The LSAT can be challenging, so consider devoting extensive time to studying the material and to understanding the principals that the test evaluates. Helpful ways to accomplish this include purchasing test-prep books, taking practice exams and studying with a tutor.

3. Attend law school

There are many law schools in the country to apply for, and some specialize in a certain practice of law, such as constitutional law or criminal law. Consider talking with different schools and professors to better understand the specialties in law they teach and what jobs their graduates tend to receive after getting their degree. Doing so can help you make a better decision about which law school to apply to after graduating.

It can also be helpful during your time at law school to search for internships and other opportunities that can provide you with relevant work experience for future job applications.

4. Pass the bar exam

The bar exam is a test that you’ll take through the bar association of the state or jurisdiction you intend to practice in. For example, if you want to be a lawyer in the state of New York, you will have to pass the New York Bar Exam. This also means that if you move to a new state, you might have to retake the bar exam for that specific jurisdiction.

5. Decide on a specialty and gain experience

Whether you want to practice entertainment law, criminal defense or corporate law, it’s important to gain the relevant experience necessary to start those specific careers. For example, if you’re hoping to start a career as an entertainment lawyer, consider pursuing entry-level positions in that field. Internships, whether paid or unpaid, can also give you valuable experience that you can add to your resume.

6. Apply for law firm positions

After law school, the first entry-level job to obtain is often an associate attorney position. After gaining some experience, consider looking for jobs at law firms that practice your chosen specialty of law. This can help you continue to advance in your law career, whether at the same law firm or other law firms you can apply to after gaining more experience in the field.

Tennessee divorce laws: What you need to know

If you’re considering or going through a divorce in Tennessee, it’s important to understand the Tennessee divorce laws. If you’re not a lawyer, that may seem intimidating. No worries, because this article is here to help.

Below we break down the TN divorce process and explain other important information about getting a divorce in Tennessee in language that anyone can grasp. That way you’ll know what to expect and feel a little more prepared for the process.

Grounds for divorce in Tennessee

In Tennessee, if the parties can’t reach a divorce settlement, then grounds for divorce must generally be proved before a divorce can be granted. The grounds for divorce recognized in Tennessee include, but are not limited to:

  • Adultery: When one spouse has sexual intercourse with someone other than their legal spouse.
  • Willful abandonment: When one spouse leaves the other without reasonable cause or justification for a continuous period of one year or more and isn’t planning to return.
  • Cruel and inhuman treatment: When one spouse is subjected to such conduct by the other spouse that continued cohabitation is unsafe and improper. This may also be referred to as inappropriate marital conduct.
  • Indignities: When one spouse is subjected to indignities by the other spouse, which makes it intolerable to continue living together.
  • Felony conviction: When one spouse is convicted of a felony and sentenced to imprisonment for a period of one year or more.
  • Habitual drunkenness or drug abuse: When one spouse is addicted to drugs or alcohol, and the addiction negatively impacts the marriage, so long as the addiction developed after the marriage.

A divorce can also be granted on the grounds of “irreconcilable differences”. In this case, neither party needs to prove fault with the other, so long as all of the following apply:

  • Both spouses agree to the divorce
  • Both spouses have reached an agreement on all terms, including a parenting plan if there are minor children
  • Both spouses sign the marital dissolution agreement
  • The court approves the agreement

It’s also possible to obtain a no-fault divorce if the parties have lived separate and apart for two or more years and they have no minor children. This requires proof of a separation agreement as well as separate residences.

Residency requirements to file for divorce in Tennessee

To file for divorce in Tennessee, one of the parties must have lived in the state for a minimum of six months before filing. Additionally, the divorce must be filed in the county where the spouses last lived together or where the defendant spouse currently resides. 

In order for Tennessee courts to have jurisdiction to divide marital assets and debts, both parties must have resided in Tennessee for at least six months, or one party must have resided in the state for six months and the other must consent to jurisdiction. 

Tennessee divorce process

The process for getting a divorce in Tennessee typically involves the following steps:

1. Complete the complaint for divorce

The spouse who wants the divorce (the petitioner or plaintiff) must complete a complaint for divorce, which can be found online or from the court where the divorce will be filed. This form asks for personal information as well as the grounds for divorce and any details regarding property division, child custody and support, and alimony. 

The paperwork required for a divorce filing may differ depending on the county, so contact the clerk of the court where you plan to file to learn which forms need to be completed. Divorcing parties can’t use the forms provided by the court clerk if either the husband or wife own real estate. 

2. File the complaint

File the complaint in the county where you lived at the time of separation, or where your spouse (the respondent) currently resides. If the respondent isn’t a resident of Tennessee or is in prison, the complaint should be filed in the county where the petitioner lives.

The complaint can be filed in the chancery court or the circuit court, depending on the county.

3. Serve the papers

The plaintiff (also known as the “serving spouse”) must serve their spouse with a copy of the divorce petition and the summons. This officially informs them of the divorce proceedings and can be done in one of these ways:

  • By sheriff’s deputy: In certain areas, such as Nashville and Memphis, a sheriff’s deputy or process server can serve the papers. To check if this option is available, contact the clerk of the court or consult with a Tennessee divorce attorney.
  • Through the mail: You can do this for a $20 mailing fee, however, the papers must first be sent to the Secretary of State. You can also serve your spouse via certified mail, as long as your spouse signs the return receipt card and you provide that receipt to the court. 
  • By anyone 18 or older: A summons and complaint can be served by any person 18 or older who isn’t a party to the divorce. This process server must be identified by name and address on the return.
  • Publication: If the serving spouse is unable to locate the receiving spouse, they may publish the divorce papers in a newspaper.
  • Waiver: The receiving spouse can submit a waiver to the court, in which case the papers don’t need to be served. 

4. Waiting period

In Tennessee, there’s a 60-day waiting period from the date of filing for divorce to the date it can be granted if the parties don’t have minor children. If minor children are involved, the period is extended to 90 days.This waiting period gives the parties time to consider their decision and potentially reconcile before the divorce is finalized.

5. Settlement or discovery

Divorce cases often involve settlement negotiations to reach agreements on the terms of the divorce. These negotiations can take place between the spouses alone, with the involvement of their lawyers or with the help of a mediator or other neutral third party.

In some cases, discovery takes place before or during settlement negotiations, while in other cases, it takes place only when negotiations fail.

Discovery is the process of gathering information about the other spouse’s finances, assets and other relevant information. This can include requests for written information, documents and admissions, and must be answered within 30 days. However, it’s common for the parties to exchange discovery documents informally, avoiding the use of the formal legal process.

6. Attend parenting class

Parents of minor children who are going through a divorce in Tennessee are required to attend a four-hour parenting education seminar before their divorce can be finalized. The purpose of this class is to teach parents how to co-parent and support their children after the divorce, with the goal of minimizing the stress on both the parents and their children.

These classes are offered through various providers, and the fee for the class varies from one provider to another. Some providers offer sliding fees based on income. In certain cases, the fee may be waived for parents who qualify.

7. Divorce trial

When the spouses can’t reach a settlement agreement, a court trial is necessary. 

During a divorce trial in Tennessee, the judge hears evidence and testimony from both parties, as well as any witnesses, and makes a decision on the contested issues in the case. These issues include:

  • The granting of a divorce and the grounds for the divorce
  • The designation of the primary residential parent and the schedule of the children’s residence
  • The division of the marital assets and debts
  • The awarding of temporary or permanent alimony
  • The amount of child support to be awarded
  • The awarding of attorney’s fees
  • The allocation of court costs

Once the court has made a decision on all issues, a final decree of divorce is entered by the court, ending the marriage.

Tennessee divorce process outside of the court

In Tennessee, the divorce process can be completed outside of the court through alternative dispute resolution (ADR) methods such as mediation and collaborative divorce.

Mediation is a legal process where the parties work with a neutral third party (the mediator) to reach an agreement on the terms of the divorce. The mediator helps the parties communicate effectively, identify common ground and find solutions to the issues in dispute.

Collaborative divorce is a process where the parties agree not to take the case to court and instead work together to reach a settlement. Each party has their own lawyer, and the lawyers work together to help the parties reach an agreement on the terms of the divorce.

Both mediation and collaborative divorce are less formal than traditional court proceedings and can be less expensive and time-consuming than going to trial. They also allow the parties more control over the outcome of the divorce, as they are able to reach an agreement that works best for them and their family.

Although these alternative dispute resolution methods can be less adversarial and time-consuming, they may not be suitable for all cases, particularly those involving domestic violence or other high-conflict situations. Further, divorce settlements reached through ADR methods must still be submitted to the appropriate court for approval and the actual granting of the divorce. 

Division of assets and debts in Tennessee

In Tennessee, the division of assets and debts during a divorce is done through a process called equitable distribution. This means that if you and your spouse can’t reach an agreement, the court will divide the marital assets and debts in a fair and reasonable manner. To do this, the court takes into consideration various factors such as the length of the marriage, each party’s income and earning potential, the age and health of the parties and any other factors the court deems relevant.

The court first determines what property and debts are considered marital property and debts. Marital property and debts are those acquired during the marriage and are subject to division by the court. Separate property and debts, which were acquired before the marriage or by gift or inheritance, aren’t subject to division by the court and remain with the party who acquired them.

Note that property and debt division isn’t always equal, and the court may award one party a larger share of the assets or debts if it determines that doing so would be fair and equitable under the circumstances.

Alimony in Tennessee

In Tennessee, alimony (also known as spousal support) is decided by the court on a case-by-case basis. The court considers several factors when determining alimony, including: 

  • The length of the marriage
  • Each spouse’s earning capacity
  • The standard of living established during the marriage
  • Each spouse’s age and health
  • Any marital misconduct
  • Whether the spouse who’s supposed to pay alimony has the ability to pay it or the ability to earn the money to pay it

The court determines the duration of the alimony based on the length of the marriage and the factors it considered.

Child support in Tennessee

In Tennessee, child support is determined using the state’s child support guidelines. These take into account both parents’ income, the number of children and the amount of time each parent spends with the children. The court calculates the basic child support obligation, which is the amount of support that the noncustodial parent is required to pay to the custodial parent.

The court considers several factors in determining child support, including: 

  • Each parent’s income
  • The number of children
  • The amount of time each parent spends with the children
  • The needs of the children, such as healthcare and educational expenses

The court may also consider other factors, such as the earning capacity of each parent and whether either parent is financially responsible for other children. Once the child support is calculated, the court may order the noncustodial parent to pay the custodial parent directly or through the state’s child support enforcement agency.

Child custody in Tennessee

In Tennessee, child custody is determined based on the best interests of the child. The court considers several factors when determining child custody, including: 

  • The child’s relationship with each parent
  • The child’s physical and emotional needs
  • The child’s living arrangements and safety
  • The parents’ ability to provide for the child’s physical and emotional needs
  • The parents’ ability to co-parent and make joint decisions about the child’s welfare
  • Each parent’s willingness to encourage a relationship between the child and the other parent
  • The child’s preferences, if the child is at least 12 years old or otherwise deemed mature enough to make an informed decision
  • Any history of abuse or neglect by either parent
  • The child’s school, home and community record

In Tennessee, the court can award joint custody, which means that both parents have legal and physical custody of the child, or it can award sole custody to one parent. Joint custody is preferred in Tennessee, unless it’s determined to not be in the best interest of the child.

Bottom line

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7 qualities every good lawyer should have

1) Good communication skills

Lawyers must be orally articulate, have good written communication skills and also be good listeners. In order to argue convincingly in the courtroom before juries and judges, good public speaking skills are essential. Communication and speaking skills can be developed during your studies by taking part in activities such as mooting or general public speaking.

Lawyers must also be able to write clearly, persuasively and concisely, as they must produce a variety of legal documents.

But it’s not all about projection. To be able to analyse what clients tell them or follow a complex testimony, a lawyer must have good listening skills.

2) Judgement 

The ability to draw reasonable, logical conclusions or assumptions from limited information is essential as a good lawyer.

You must also be able to consider these judgements critically, so that you can anticipate potential areas of weakness in your argument that must be fortified against.

Similarly, you must be able to spot points of weakness in an oppositions argument. Decisiveness is also a part of judgement. There will be a lot of important judgement calls to make and little time for sitting on the fence.

3) Analytical skills

Both the study and practice of law involve absorbing large quantities of information, then having to distil it into something manageable and logical.

At times, there will be more than one reasonable conclusion, or more than one precedent applicable to resolving a situation.

A lawyer must therefore have the evaluative skills in order to choose which is the most suitable.

4) Research skills

Similarly, being able to research quickly and effectively is essential to understanding your clients, their needs, and to preparing legal strategies.

Preparing legal strategies requires absorbing and comprehending large amounts of information, then distilling them down into something manageable and useful.

5) People skills

Law is not an abstract practice. Irrelevant of how well someone does academically, at the end of the day lawyers work with people, on behalf of people, and the decisions that are made affect people’s lives.

They must be personable, persuasive and able to read others. This allows them to gauge juror’s reactions and the honesty of witnesses.

This allows them to decide upon the best approach to take in order to achieve the desired outcome: either clients taking their advice or reaching a favourable negotiation with the opposition.

6) Perseverance

“Perseverance is not a long race; it is many short races one after the other.” Even studying to become a lawyer takes a great deal of perseverance and commitment – and that’s before you even start work!

Typically, a lawyer will do an undergraduate law degree, an LPC, and then a training contract before qualifying. Most will also complete a vacation scheme or some other kind of work experience.

When working on a case, you must have the perseverance to complete the work necessary to drive it to a successful finish.

7) Creativity

The very top lawyers are not only logical and analytical, but they display a great deal of creativity in their problem-solving.

The best solution is not always the most obvious and in order to outmanoeuvre your challenger it is often necessary to think outside the box.

How To Become a Good Lawyer: 10 Tips for Career Success

conference-table-office-laptop-coffee

Legal professions are extremely competitive, even after you’ve gained employment. Though legal expertise and experience are essential in this field, successful lawyers also understand the importance of soft skills, values and relationships.

In this article, we explain what exactly a lawyer does, review ways to become a better lawyer and list the types of paths you can take as a legal professional.

What does a lawyer do?

Lawyers are professionals that use their in-depth knowledge of the law to help businesses and individuals understand and navigate legal matters. Though their responsibilities can vary based on their employer and area of expertise, the job description for a lawyer often involves things like:

  • Collaborating with clients, police, investigators and paralegals to collect evidence, prepare legal documents and build cases for trials and mediations
  • Attending legal meetings, like trials and hearings, with clients
  • Explaining laws, rulings and regulations to clients and advising them on their legal rights
  • Delivering depositions of experts and witnesses for a case
  • Helping clients prepare legal documents, such as divorce agreements, business contracts and wills
  • Reviewing a case to determine a client’s best legal options

Related: Guide To a Lawyer’s Average Hours

How to become a good lawyer

You can become a better lawyer by following these simple tips:

1. Build a personal and professional network

As with most professions, making connections can help you develop professional skills and advance your career. Focus on building a diverse network of personal and professional relationships. This can include people you’ve met through:

  • Social organizations
  • Local bar associations
  • Law school
  • College

These mentors, professional colleagues and friends can help promote your skills and expertise, resulting in potential clients and referrals.

Related: FAQ: How Do I Know If I Want To Be a Lawyer?

2. Develop your communication skills

Written and verbal communication skills are essential in this career. Communication is the foundation of this profession, and lawyers are expected to interact with their clients, the court, colleagues and other parties involved in a case.

As a lawyer, you must be able to present cases in a way that is clear, concise and persuasive, explain legal procedures and rights to clients and produce well-written legal documents. You may have to convey important ideas in a variety of environments and settings, such as:

  • Private conversations
  • Informal emails
  • Phone calls
  • Conference meetings

A great way to develop these skills is by taking public speaking and writing courses in college.

Related: Lawyer Skills: Definition and Examples

3. Maintain your integrity

There are many valuable skills in this field, but integrity is perhaps one of the most valuable traits you can have as a lawyer. Lawyers have an ethical responsibility to remain honest and operate within the parameters of law. By building a reputation as a legal professional with integrity, you can gain the respect of colleagues and clients in your community and grow your client base.

Related: 9 Reasons To Become a Lawyer (Plus Tips for Starting Your Career)

4. Embrace innovation

Successful lawyers understand the importance of flexibility and creativity. Innovation is key when developing effective solutions, but it also allows you to serve your clients better by discovering cost-effective and efficient processes.

5. Remain persistent

As with most professions, you may face a particularly difficult case at some point in your career. By remaining determined, you can overcome the most challenging cases and help your clients get the positive results they’re hoping for.

Related: A Day in the Life of a Lawyer: Daily Tasks and Duties

6. Adopt a positive attitude

Aside from showcasing your commitment to your career, positivity can inspire faith in your professional abilities. You can ensure that both clients and colleagues enjoy working with you by trying to stay energized and enthusiastic, even when facing challenges.

7. Stay passionate

Remaining positive and persistent is much easier when you possess a true passion for your career. Passion can also make you feel genuinely fulfilled in your role, which often results in better professional performance. You can ignite your passion for the law by:

  • Choosing a specialty that aligns with your values and interests
  • Investing in your professional development and continued learning
  • Creating and guarding a work-life balance

Related: How To Change Careers and Become a Lawyer (9 Tips)

8. Show compassion

Truly effective lawyers are committed to making life better for their clients. By making an effort to understand and empathize with your client’s situation, you can better serve and represent them. Aside from enabling you to become a more successful legal servant, having compassion can also provide you with a sense of professional fulfillment.

9. Listen intently

Though technically a key component of communication, listening skills are equally as important as written and verbal communication combined. Active listening involves paying attention to the speaker’s gestures, expressions and other nonverbal cues, as well as their words, so you can evaluate their feelings and all the information they’re trying to convey.

In order to actively listen to others, you must give those you’re interacting with your undivided attention. A great lawyer understands the importance of listening to clients, the opposing counsel, witnesses and the court because it allows them to better understand the information being shared. As a result, they can respond in a way that is thoughtful and strategic, and it could influence the outcome of the case.

Related: Active Listening Skills: Definition and Examples

10. Continue learning and growing

In order to become a better lawyer, you need intimate knowledge of the law, especially as it relates to your legal specialty. For example, the legal knowledge needed for family law is far different from what you would need to know as a civil rights lawyer.

Great lawyers are experts in their specific area of practice because they study the law and gain as much experience in their field as they can. If you know what type of law you’d like to work in, it’s a good idea to take relevant classes while in law school.

Related: How To Become a Lawyer on Your Timeline

5 Essential Tips On Your Path To Becoming A Lawyer

Lawyer signing documents

The road to becoming a lawyer is a long and difficult one, however, it is also an achievement that only the best talents can attain. The fact that you are even thinking about it shows that you have the determination and desire to succeed. Despite the difficulties, it is also a profession that will bring incredible job satisfaction and financial reward. If this sounds like your dream career path, here are five essential tips to reach your goals and become a lawyer. 

1. Shine During High School

Excelling during high school not only can put you ahead of your competition when it comes to applying for colleges, but it also puts you in the correct frame of mind to pursue a career in law. You are going to have to work hard, so start working hard early. Get involved in extracurricular activities and take part in other activities that involve debating and meeting people as your personal skills will be key once you leave college. 

2. Consider Participating In A Clerkship

A clerkship can give you the opportunity to work for a law firm over the summer or part-time. This will give you essential experience and law firms will look favourably upon this attribute on your résumé. There is also the possibility that the law firm that is providing you with the clerkship may take you on once you graduate from law school. If you are struggling financially and need extra funds to help you with living costs during an internship or clerkship, you can consider personal loans from private lenders. Doing so will keep you financially stable until you start to make money. 

3. Get Involved In College

Like with high school, you should be getting involved as much as possible while at college. If there are positions of responsibility available you should be applying for them. Take extra classes if you need them and try to foster good relationships with your professors, as it will be them who are writing your reference for law school. If you can find work experience, this will help you even more as it shows your willingness to put yourself out there and start learning early. 

4. Don’t Get In Trouble With The Law

It might seem obvious, but it is worth emphasising that you should not get in trouble with the law as it could prevent you from having a career in law. Bar Associations usually put candidates through a moral screening process and any involvement with the law will not look good. The number one rule of becoming a lawyer is to stay out of trouble.

5. Network

Your network can never be big enough, especially in an industry as competitive as law. Start networking early and never miss the opportunity to do so when you are at college or completing an internship or clerkship. The main importance of networking is your connections as they could provide you with opportunities that will completely change the course of your career. Networking works both ways and, to maintain your network, you will need to be prepared to help others when they are in need. A good network will also be able to provide you with advice and support during your journey.

5 Questions to Ask Before Going to Law School

Law school is expensive.   Depending on the school, the tuition costs alone can exceed $150,000, in addition to your debts from undergraduate studies.   High paying legal jobs are difficult to get right out of law school.   All of these factors caution against going to law school unless you have a good reason to attend.  This article presents the factors that you should consider.

A recent study of full-time tuition costs showed that the average annual tuition for the 2015-2016 academic year was an average of $45,467 for private schools, $38,885 for public schools out-of-state students and $25,890 for public schools in-state students.   D. Smith-Barrow, U.S. News Data: Law School Costs, J.D. Salaries, U.S. NEWS AND WORLD REPORT (March 16, 2016); https://www.usnews.com/education/best-graduate-schools/top-law-schools/articles/2016-03-17/us-news-data-law-school-costs-jd-salaries .  The same study found that the “[g]raduates from the majority of schools made between $50,000 and $74,999” annually.   Id.

When I was the General Counsel of the United States Patent and Trademark Office, I would frequently visit colleges to teach undergraduates about the basics of intellectual property law.   Frequently, several students would come up come to me after my presentation and ask “should I go to law school?”

My answer was: only if its your passion to be a lawyer or you have the resources to pay for school.   The reason:  law school is expensive and it is difficult for graduating students to get jobs that pay enough to service law school debt and pay it off quickly.   You don’t want to be burdened with a huge debt and no way to pay it back.

A Law Degree Is No Longer a Guaranteed Job

It used to be that law school graduates were guaranteed a job on graduation.   This is no longer the case. A recent article in the New York Times entitled “An Expensive Law Degree, and No Place to Use It” highlights the risks associated with going to law school today.   https://www.nytimes.com/2016/06/19/business/dealbook/an-expensive-law-degree-and-no-place-to-use-it.html   The article paints a grim picture for the graduates of one law school:

As of this April, fewer than 70 percent of Valparaiso law school graduates from the previous spring were employed and fewer than half were in jobs that required a law license.   Only three of 131 graduates worked in large firm, which tend to pay more generous salaries. 

Not a rosy picture.   Yet, this doesn’t mean that you shouldn’t go to law school.   I went and I’m glad that I did.   I loved my career.

Yet, you should get more information before you leap.   Let’s turn to some of the questions that you might answer.

The Questions to Ask BEFORE Applying to Law School

Here are some questions that you might ask yourself before going to law school:

  • How will you pay for law school?   Law school is a great education for any future job.   If you have the resources to go to law school and are committed to finishing and doing well, GO!
  • If you need to take out debt, how long will it take to pay it back?   Don’t take out a lot of debt to attend law school unless its your passion and you absolutely must be a lawyer.   Otherwise, paying off the debt is like paying off a home mortgage.  Don’t forget to include any undergraduate debts in the mix.
  • Are you likely to get a job on graduation?   Look at each potential school that you are considering and find out the percentage of graduates that get jobs after graduation.
  • What areas of the law am I interested in and how hot is that area?   You need to predict your success and that depends on the demand for your future legal services. Look at the legal market to determine the areas that are growing in the future and likely to need new lawyers.
  • Is it my passion to be a lawyer and why do I want to be a lawyer?   Go to a life coach or a career counselor and spend a few sessions figuring out why you want to be a lawyer.   It’s a huge commitment and you need to be all in.   Figure out if a legal job suits your personality and strengths.

How to Increase Your Chances of Getting a Top Job on Law School Graduation

It’s no longer enough to graduate law school.   You must think about ways to differentiate yourself from the other law school graduates from the beginning.

When you interview for internships during law school and upon graduation, you must be able to say why you are uniquely qualified to contribute to a firm’s practice.   Remember rule number 1:  law firms are about revenue generation.

You must start developing your brand early.  Law school is a good time to start and professors are excellent mentors.

Here are some helpful suggestions to start as soon as you are accepted to law school:

  • Decide the area of law that you are interested in pursuing and start writing papers the can be published in a law review, blog or other source.
  • Find out the associations that focus on your speciality area and attend a meeting.   For example, you could attend an American Bar Association meeting and get involved.
  • Start networking in your community.   Attend local bar association meetings.
  • Volunteer for a worthy cause; show civic involvement.
  • Keep yourself healthy.   Work out and eat right.  I hate to say it but fit, together looking people are more likely to get hired.
  • Make speeches and presentations whenever possible.
  • Develop your interviewing style and start crafting some good and unique interview questions.
  • Start focusing on firms that you might want to work for as a summer associate or after law school.   Start researching the firm and try to attend events hosted by the firm.   Make connections early.   Don’t be afraid to go up to people and meet them.
  • Look on LinkedIn and find lawyers who attend your law school and undergraduate schools.   Contact them and start networking now.   Ask them if you can drop by their office or go to coffee.  It’s bold but effective.   The worst that happens is that they don’t respond.

Go to Law School, But Be Smart and Prepared

Success doesn’t just happen.   It takes strategic planning and thoughtful execution. Answer the above questions before law school and once enrolled, use the discussed strategies to position yourself to be a real success.   Always believe in yourself–you can do it!

5 Questions to Ask an Attorney BEFORE You Hire Them!

1. What type of cases do you generally handle?

This is a question you should ask right off the bat. If the attorney doesn’t specialize (or regularly work) on cases relating to your legal issue, find someone else! There are plenty of lawyers out there, so find one that is in your niche. A specialized lawyer will have the experience and competence to represent and advocate for you.

2. Describe your typical client.

Even if you find a lawyer who is specialized in a certain field, they still might regularly deal with clients different from you! For example, if you’re a business owner, you want to consult a business attorney for your legal issues. But, if this business lawyer’s typical clients are corporations with complex tax issues and you’re a small online business trying to set up an LLC, this might not be the best fit for either of you. Don’t forget to ask this question to verify this attorney is right for you.

3. What are your attorney fees, and what are my payment options?

This is a question some feel awkward to ask, but DON’T! This is one of the most important things you can find out from the get-go! It will also likely help you determine if you want to hire them (or can afford to hire them) in the first place.With this question, you can also ask them if they bill clients by hour or project. Also, ask whether they will be completing the work themselves, or having legal assistants help.

4. How many cases have you represented that were similar to mine?

Asking a lawyer a straightforward question like this will yield a straightforward answer. The legal field is very much based on honesty and good character, so you will likely get an answer that is honest. It is always good to know whether your attorney has experience with cases similar to yours to guarantee they are competent to represent you. At minimum, guarantee that attorney has seen at least one or two clients with issues similar to yours.

5. What kind of special training or education do you have in addition to your law degree?

There are certain areas of the law that require additional school or training to become competent in that niche. For example, tax lawyers go to an additional year of school. If your legal issues are complex (like IRS issues) check with your attorney to see if they have an additional training or education related to your issues.

7 QUESTIONS TO ASK BEFORE HIRING A LAWYER

As a member of the legal profession for over 25 years, I’ve worked with some of the best, and unfortunately, some of the worst attorneys in Minnesota.  I’ve learned a lot from every experience, so I want to share some thoughts with consumers who are less familiar with the legal industry. Here are 7 questions to ask when you are seeking an attorney to hire.

1.    DO YOU WORK WITH A PARALEGAL?

This is a critical question to ask if you are a cost-conscious client! A great deal of work that needs to be completed can be performed by a paralegal under the direct supervision of the attorney. As the client, this saves you money. Let’s assume for a moment that the attorney and the paralegal can both complete a document in the same amount of time. If it takes an hour to write your petition, would you rather pay the attorney’s rate of $300 per hour or the paralegal’s rate of $180 per hour? A skilled team will be able to make edits on the document quickly, resulting in an overall lower cost than the attorney doing all the work start to finish.

2.    WHAT PERCENTAGE OF YOUR PRACTICE IS IN [FILL IN AREA OF LAW]?

General practice attorneys are excellent in many ways, but if you are heading into a custody dispute, do you want a lawyer that spends most of his or her time on family law cases or one that focuses on patents and trademarks and takes a family case here and there? Certainly if an attorney has been recommended to you by someone you trust, you might place more faith in the attorney’s abilities even if your case isn’t in a primary practice area for the firm. Either way, you should know what level of expertise you are paying for when you decide to retain an attorney.

3.    HOW MUCH EXPERIENCE DO YOU HAVE IN MINNESOTA FAMILY LAW?

Don’t write off an attorney solely because he or she has been licensed for a few years. Some of the sharpest lawyers are the ones in practice less than 5 years. Why? Because they spend time reading the statutes, rules, etc. Newer lawyers tend to be very conscious of following every rule and attending many continuing legal education courses to increase their confidence and skills. Again, the point of this question is really for you to gauge the knowledge level of the person you are hiring. From my perspective, the most promising new attorneys are the ones who are willing to draw on the knowledge of others in the firm, such as the paralegal.

4.    WILL YOU BE THE PRIMARY ATTORNEY WORKING ON MY FILE?

Depending on the firm structure, you might be meeting with the senior attorney, but the firm’s plan may be to assign your file to an underling. If that’s the case, the firm should be honest with you about who will be working on your case, and you should be comfortable with that choice. It’s necessary for attorneys to ask for sensitive information in order to adequately represent you, and if you are uneasy with the attorney, you may not be as forthcoming with information as you need to be.

5.   HAVE YOU (OR ANYONE THAT WILL BE WORKING ON MY FILE) EVER BEEN DISCIPLINED BY THE BAR?

While this information is usually available to the public, it doesn’t hurt to ask the question. You are, after all, interviewing the attorney to work for you.

6.    WHAT IS THE CHARGE FOR EXPENSES LIKE PHOTOCOPIES AND FAXES?

This will probably be disclosed in a retainer agreement, but you want to make sure you understand expenses. Even in contingency fee cases (where the lawyer only collects attorney fees if you win your case), the client is typically responsible for payment of expenses. Some places I’ve worked have charged $1-$2 per page for faxes and $.25 per page for photocopies. Depending on the case, these charges could be $100+ dollars a month! On the other end of the spectrum, some attorneys feel that for the fee clients pay, photocopies and faxing should be included.

7.    DO YOU HAVE A POLICY FOR RESPONDING TO CLIENT CALLS/EMAILS/LETTERS?

Attorneys prioritize their cases in many different ways – first in-first out, upcoming court dates, payment status, “favorite” clients first, etc. As the client, you need to be comfortable with how the attorney manages cases.. It may not always be feasible for the attorney to call you back the same day or even the next day depending on court schedules and other factors beyond the attorney’s control. The important thing is that the attorney is communicating with clients and making sure you stay informed about your case. Most people are okay with it taking a couple days to hear back from their lawyer as long as they know they aren’t being ignored.

5 TIPS FOR CHOOSING THE RIGHT DIVORCE ATTORNEY

Going through a divorce can be emotionally and financially draining. It is a challenging period that requires you to make crucial decisions, including choosing the right divorce attorney to help you through the legal process.

There will be many attorneys to choose from, and sifting through your options to find the right divorce attorney can be overwhelming. Every attorney is different in their skill, philosophy, and approach to divorce. You need a lawyer who meets your unique needs and will support you through the tedious process

THE IMPORTANCE OF CHOOSING THE RIGHT DIVORCE ATTORNEY

Lawyers vary in their ideas, beliefs, and way of doing things. Each lawyer you come across will be excellent in certain aspects and not so good in others. For instance, some divorce lawyers specialize in sorting out financial issues, while others do well in high-conflict divorce cases. In the same way, some lawyers are good in court but are not trained to handle collaborative divorce.

It is important to choose a lawyer who has the right skill set to help you navigate the long and tedious divorce process with ease. Here are five tips that will help you choose the right attorney. 

1. DECIDE ON THE DIVORCE PROCESS YOU INTEND TO USE

Divorce processes include litigation, mediation, and collaborative divorce. Deciding on the kind of process you want before you start your divorce is critical in determining how the divorce will play out. It will help if you choose a lawyer who is skilled in the process of your choice rather than letting the lawyer decide for you. If you have a high-conflict divorce, you need to find an aggressive lawyer who will push the issues that matter most.

2. CHOOSE THE RIGHT TYPE OF LEGAL SERVICE

Going through a divorce does not necessarily mean you need to hire a big law firm. However, if you have many assets, companies, and businesses or a complicated financial situation, you may need a big law firm to represent you. 

If you want to put your divorce in the hands of someone with the time to give your case more attention, find an attorney who has a strong finance background. If the marriage was short, and you do not have a shared estate or children, hiring a solo lawyer will be more cost-effective.

3. KNOW YOUR BUDGET

As much as getting expert legal services is crucial, you need to be honest about your finances—the type of legal service you choose should balance with their cost. Do not assume that because a lawyer has higher rates, it will translate to a better result. The high rates could be because of their experience. If you are financially strained, inform your attorney beforehand so that you have time to adjust if needed.

4. RESEARCH EXTENSIVELY

Be smart when browsing for divorce lawyers via search engines. Gather as much information about your prospective lawyer from the internet, recommendations, and reviews. Pay attention to the philosophy on their website. Although the high-quality websites and persistent Google ads may be convincing, a big advertising budget does not mean the lawyer can handle your case in the best way.

5. INTERVIEW PROSPECTIVE LAWYERS BEFORE MAKING A CHOICE

Do not be quick to settle on the first attorney you meet. Identify two or three attorneys and schedule interviews with each of them. Ensure you ask the most pertinent issues in your case and listen to their varying perspectives. From the interviews, you can choose the one whose approach suits your situation best.

BOTTOM LINE

Divorce can be daunting without proper support. With the tips discussed above, you can be confident that you’re choosing the right divorce attorney who understands your needs and provides expert legal advice within your budget.


Contact Daily Whirl Law Firm for expert, personalized counsel for your divorce.