⚔️ 5 Key Takeaways: What A First-Time GC Needs To Know About Privacy
Last Thursday, we hosted an intriguing and informative discussion with Peter Day (Global Chief Privacy Officer, DGC, SHEIN), and Jordan Mazur (GC, Lively, INC.) moderated by fellow Lawtrader and Fractional Privacy Officer, Ben Isaacson. They dove into the basic legal concepts and touched on the nitty-gritty practices surrounding privacy. Here’s what we learned.
1. Know Your Stuff
As a GC, you have to establish yourself as someone people can come to about privacy questions. To do that, you need to have some baseline knowledge. If you don’t, you’ll find yourself saying, “No, we can’t do that” to everything, without good reason or alternative suggestions and no one will want to approach you. Pick up a few books or jump on some webinars to get up to speed. You’ll never know everything there is to know but if you have a working framework of the understanding you can reach out to an expert for the specifics.
Some questions to ask your business include:
- What do we want to do with data?
- How do we monetize data?
- How do we collect data?
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2. Acquaint Yourself
If your business is trading in multiple countries, it can be tricky to design a privacy strategy that works in every jurisdiction. European Laws have been a headache for US legal teams in recent years, from the ePrivacy Directive to GDPR, the Digital Markets Act, and the Digital Services Act. In the past, you could design your privacy strategy around European law and pretty much be safe in any jurisdiction but it’s getting more complicated. Every jurisdiction has slightly different laws that can trip you up.
- There are loads of new state-level laws coming out all the time in the US like the new Utah privacy law. You should keep very open tabs on them. Hot tip: read the whitepapers that Law firms send out to summarize new regulations. It’s smart to grant the most generous protections to everyone, regardless of state, rather than applying different things in different states.
- If you have operations in Europe, you’ll likely need a data protection officer.There’s a huge debate as to whether DPOS can be sufficiently independent of the operational side of a business to help individuals vindicate their data rights. If you are a small team, it’s easiest to hire an outside, part-time DPO to ensure they are independent. If you’re likely to interact with local data protection authorities or if you have a team in Europe and there are likely to be time zone issues, it is probably best to hire someone in Europe. But if your headquarters and operations are in the US and you just have a lot of European data, you can stick nationally.
🗓 It’s Gonna Be May
Well, we’re just a bit late. Keep up-to-date with our next events:
How to Build a High-Performing Legal Team: Thu, May 12th, 3 pm ET
- Join our own Matt Margolis as he moderates a discussion with Nili T. Moghaddam (GC, Bungalow) and Shaun Sethna (DGC, Altisource) for a deep dive into their experiences developing successful teams.
👉 RSVP here.
How Non-JDs Can Save You Time & Money: Thu, May 26th, 3 PM ET
- Join our own Lauren O’Neill as she moderates this discussion with Trina Walker (Director, Legal Change, TriNet), Kelsey Copeland (Sr Corporate Counsel, NASCAR), and Eric Lentell (DGC, Archer) as they discuss the importance of non-JD roles as well as how much time and money they can save.
👉 RSVP here.
3. Map Your Data
Regulators are demanding more and more transparency and it’s difficult to keep tabs on how data is used internally. Many companies are not equipped to answer the tough questions. There are huge benefits to doing manual data mapping. That means speaking to an engineer on every team in your business and asking them 3 questions:
- Where are we getting the data?
- Where are we sending the data?
- What are we doing with the data in between?
The major challenge is that the information is obsolete the moment you gather it since things are constantly changing. You might also get pushback. Use those conversations to build a network of people in the company that you can use for data mapping, spread the word that privacy is important, and show that you can be a useful resource.
🔄 If We Could Turn Back Time
While we can’t turn back time, we can bring you back to our past events you may not have been able to attend. Check out the How to Market Your Legal Team as a Team of YES. Our panelists shared why it's important to brand your legal team, and their best tips on how to do it successfully.
If you’d like to see more full-length replays, snippets, and more — subscribe to our YouTube channel.
4. Reach Out For Help
If you find yourself constantly explaining your business to outside counsel, it might be time to hire. An in-house privacy lawyer can signal to a counterparty that you take privacy seriously. But it won’t come cheap — privacy lawyers are in demand. If you’re spending 2.5x a regional privacy lawyer’s salary on outside counsel, that could also signify that it’s time to bring someone on board. On the other hand, if you’re dealing with international jurisdictions, you’ll need to hire outside counsel to inform you of specific regional laws.
There’s also software out there that can help you with your privacy program, such as One Trust. The cost of that kind of software varies from free trials right the way up to 6-figure contracts. They’re often either handy or disappointing. It’s important to realize they won’t replace the on-the-ground work of building a strategy and understanding the data process in your businesses, and they’ll never be as valuable as a good outside lawyer or privacy program manager.
🏘 We’ve Expanded
Did you notice? Our full replays just got a bit fuller. The full-length podcast and video replay now come attached. Oh, and we’ll be highlighting key snippets later this week. Check out our LinkedIn for a first glance.
5. Keep Your Tabs Open
To IAPP, or not to IAPP? Let’s face it, IAPP conferences are not the end-all, be-all of privacy … but their website is full of useful information and their books can be a godsend. Another great resource to find cutting-edge news? LinkedIn. There are many privacy influencers that give access to the latest news and provide helpful (not to mention free) resources. Don’t be afraid to reach out to your network with questions, you’d be surprised at who is willing to lend a helping hand.
Helpful Resources:
Who to follow:
- Brian Levine (Managing Director, Cybersecurity & Data Privacy, EY-Parthenon)
- Omar Tene (Partner, Goodwin)
- Law firms’ privacy teams put out useful content. Field Fisher, for example, does lots of Adtech content.
Enjoy these recaps? Share them with your network!
Until next time,
🤝 The Lawtrades Team
🤿 Sunday Deep Dive: The Supply Chain Crisis & Legal
The global supply chain is like a Rube Goldberg machine. A ball slides down a chute and hits a lever which throws a hammer that switches on a fan that blows a million bits of paper into the air—kinda like this awesome Ok Go music video. In other words, it’s a carefully balanced system that relies on just enough arriving just in time. There isn’t much room for error and disruption can cause an almost endless string of knock-on effects.
There was a time when ‘supply chain’ wasn’t a phrase people brought up in casual conversation like the football score. That time is long gone. The fragility of it all has been thrown into stark focus in the last couple of years. National lockdowns around the world shuttered factories, held up transport systems, and lead to a ton of shortages. Some of those shortages were exacerbated by demand surges resulting from pent-up lockdown savings (e.g. couches, building materials, and cars) and social isolation (hello, sex toys). They even threatened to cancel Christmas.
Source: Twitter
But the pandemic is just one of many threats the global supply chain has faced in recent years. The U.S.-China trade war caused imports from China to fall by $87Bdollars in 2019. When the container ship Ever Given got wedged in the Suez Canal last March, it held up 12% of global trade. Last year in the UK, a shortage of truck drivers caused petrol stations to run dry and Brexit has left trucks stuck at the border for days while logistics teams hack through red tape. As if things weren’t bad enough, Putin’s invasion of Ukraine is serving up a fresh helping of chaos which, aside from its horrifying direct impact, brings with it a heap of new supply chain challenges.
What do petrol, wheat, and electric scooters have in common?
There are supply chain challenges in almost every industry. Here are just 3 commodities causing major havoc:
- Gas: You don’t need us to tell you that the price of gasoline hit record highs last month. One reason for this is that the crude oil price has rocketed as the global economy bounces back faster and better from COVID-19 than expected, creating some serious demand for oil. Another is that Russia, which accounts for about 10%of global oil production, is facing heavy sanctions. And since getting anything anywhere requires gas, pretty much everything is getting more expensive.
Source: Twitter
- Fertilizer: The price of natural gas in Europe has been soaring for the past year but the Ukraine crisis has pushed it to a record-high. Natural gas is used in the production of nitrogen-based plant food which means that high prices threaten agriculture. On top of that, Russia and Ukraine account for 29% of global nitrogen-based plant food and Russia is a major exporter of other soil nutrients like potash and ammonia. Farmers on every continent are changing crops, cultivating less, and using less fertilizer which will impact the price of food. For consumers, it’s bye-bye, smashed avocado, hello, beans on toast.
- Semiconductor chips: These electronic devices are inside everything from electric scooters to smartphones, cars, washing machines, and pacemakers. There’s a major shortage of these little guys caused by a bunch of factors including a boom in demand for laptops and webcams, lockdown factory closures, a rise in the cost of shipping, and the conflict between the U.S. and Huawei. Chipmakers are increasing capacity and new suppliers will emerge but things are likely to get worse before they get better. Before the invasion, Ukraine supplied half the world’s neon gas which is essential for the production of semiconductor chips. If you’re hoping for a new car or phone for Christmas, you might want to let Santa know now.
General Counsel to the rescue
Supply chains are front and center on many businesses’ agendas these days. In October, a survey of CEOs revealed that supply chain disruption is seen as the number one threat to growth. In Q3 earnings calls by Fortune 500 companies, mentions of ‘supply chain’ increased by 412%. Businesses that aren’t already experiencing delays, high production costs, quality management, and delivery shortfall are evaluating their risk exposure and trying to mitigate it.
Cue the in-house legal team! Executives are turning to legal to answer their questions and help them cope with messy breaches of contract.
Questions businesses are asking include:
- What are our rights and obligations if our supplier fails us?
- What exactly are the commitments in the contract in terms of quantity, quality, and delivery time?
- Does the contract allow the supplier to adjust the price and if so under what conditions?
- Are the commitments in the contract backed up by warranties?
- Will our insurance provide coverage if we breach a contract, get sued, or face unprecedented costs?
- Is there a business continuity clause?
- Does the contract allow us to withhold payment or use different suppliers if necessary?
- Should we litigate if suppliers fail us?
- If our supplier is forced to reduce output, what allocation are we entitled to?
Here are 5 things legal teams can do to help businesses weather the storm:
1. Prepare a situation report.
Other teams in your business are likely taking time to predict potential problems and set up plans B and C. You can assist them and get ahead of some of the questions above by checking your business's contracts with key suppliers and/or customers. Identify pressure points and vulnerabilities and consider what actions the business could take in different scenarios.
2. Explain the pros and cons of litigation.
Enforcing contracts through litigation is not always the best solution. It’s expensive and it can be complicated, especially when dealing with partners in different jurisdictions. And although it may result in compensation, it often doesn’t solve the immediate problem—whether that’s a container of cat food stuck in the Suez or a 30%rise in the cost of wigs. In fact, litigating or refusing/delaying payment could create long-term beef with a supplier or even force them to go under, which is not ideal for anyone involved.
Alternatives to litigation include formal complaints, open discussions around risk and responsibility, and reworking contracts to allow for backup supply arrangements. Businesses can request service credits or liquidated damages as a gesture of goodwill.
3. Competition issues
In times of crisis, governments occasionally relax competition laws to allow companies to collaborate and ensure that consumers get the products they need. Last year, the UK government allowed some cooperation in the grocery sector to ensure that shops stayed supplied and also relaxed competition law for companies responding to COVID-19. French and European competition authorities made similar rulings.
If authorities in your businesses’ jurisdictions do relax competition laws for your sector, take the time to read the small print and make sure your business is compliant. Such rulings will usually be for a limited period and apply to very specific things. The goal is to help consumers and the economy get through an emergency, not to enrich your shareholders. When in doubt, reach out to the regulator for clarity and, if you can’t get an answer, err on the side of caution. It’s wise to keep a trail of all exceptional activities in case you do come under scrutiny.
4. Build back safer
Many businesses are looking for new suppliers. Some lost suppliers in the pandemic. Some want a backup option. Others are trying to diversify and onshore their supply chain (more on that later). Given the fragility of things right now, they’ll be wanting to do some serious vetting before they commit. They’ll also want to set up watertight contracts that treat major disruptions as the norm, rather than an afterthought.
Legal teams can help by drafting contracts that take into account the lessons we’ve learned from the last few years. Force majeure clauses should be specific and provide cover for things that seemed bananas as recently as 2019 but sound pretty normal in 2022 e.g. pandemics, global shortages, and nuclear war. Contracts can require suppliers to do a risk analysis of their own suppliers and to provide regular risk reports on supply chain disruptions. Contracts should also stipulate what happens if delivery time, volume, and quality don’t meet original commitments.
5. Build back better
Now is also a good time for businesses to examine the environmental, social, and government (ESG) status of their supply chain. In other words, as businesses establish new contracts and re-examine old ones, they should consider how the products or materials they buy impact people and the planet.
There are several reasons why that’s a good idea: a) it allows for a proactive (instead of reactive) approach to expected ESG regulations; b) It’s the right thing to do, and c) it provides support to your business’s consumer base and community. 88% of U.S. and UK consumers want brands to help them be more eco-friendly and ethical in daily life. For example, Biden is pushing to mandate that retirement funds incorporate ESG analysis, New York requires food businesses to recycle or donate scraps and the UK requires large employers to report wages by gender.
The Chancery Lane Project has set up a toolkit that gives legal professionals access to ‘net zero aligned clauses’ that you can use in contracts. So far they’ve had 63k downloads. Clauses cover reducing food waste, incentivizing fuel efficiency, sourcing greener energy, and auditing water usage.
The future of supply chains
The war in Ukraine and the latest lockdowns in China have cemented the general sense that supply chain disruptions are the ‘new normal’. For the past 2 years, we’ve been putting band-aids on every leak in the dinghy but now it’s time to build a better boat.
According to a survey by McKinsey, 93% of senior supply chain executives say they intend to make their supply chains more ‘flexible, agile, and resilient’. In the past year:
- 61% have increased inventory of critical products
- 55% are sourcing raw materials from more than one source
- 23% are expanding backup production sites
- 15% are nearshoring and increasing supplier base
- 11% are nearshoring production
And 90% say they planned to do some degree of regionalization in the coming 3 years. General Motors, Toyota, and Schneider Electric have all announced plans to boost production in North America. Governments are getting in on the onshoring action too. France is building nuclear plants to reduce its reliance on foreign energy sources while the UK is preparing an ‘energy independence plan’. Innovations in technology make it possible to hyperlocalize productions. Electric vehicle start-up Arrival is pioneering highly automated microfactories, small enough to fit into an urban warehouse, and vertical farming techniques mean plants can even be grown inside grocery stores.
New disruptions are certain to come. As the globalization pendulum swings back and supply chains are reset, in-house teams will be presented with a host of new challenges. But challenges can be opportunities. Now is the time to build resilient, agile contractual relationships that foster ethical and sustainable business practices and protect your business from whatever storm is next on the horizon.
If you’d like to learn more about how you can implement more sustainable practices within your supply chain, check out the replay from our panel, Why Legal Should Lead on Sustainability. Christine Uri, Chief Legal & Sustainability Officer at ENGIE Impact, takes us step-by-step into how legal can get involved.
🪄 5 Key Takeaways: How to Market Your Legal Team
Yesterday, we hosted yet another panel surrounding a topic our community has been eager to learn more about. Moderated by the amazing Lydia Cheuk (GC, Away Travel) we were joined by Arianna Marks (AGC, Beanstalk), Sarah Ouis (Founder, Law But How?), and Ramya Ravishankar (AGC, Bowery Farming) as they shared why it's important to brand your legal team, and their best tips on how to do it successfully.
1. Open The Dialogue
If you don’t display your value-add, no one else is going to do it for you. Be upfront early on and flag yourself as not only a thought partner but also a business partner. Let’s be real, no one is going to understand the work that legal does. But, they will understand and appreciate any metrics you can provide. Prepare tangible data to showcase your work, so other teams know what you’re working on, and what you have accomplished. It’ll do wonders for promoting your team’s value, and open up an opportunity to collaborate cross-functionally with other teams.
📣 Let’s Continue The Discussion
It was wonderful to see so many questions come in from our audience and have a steady flow of dialogue in the chat. We’d love for you to join our own private community of in-house leaders! It’s a place to network, share ideas, meet other like-minded professionals, and continue discussions like these.
2. Leverage The Little Things
We all know legal is perceived in a certain way (ahem, cost center), but it doesn’t have to be. Many of the people you interface with may not have had previous exposure to legal, or any idea how and when to interact with your team. Don’t underestimate the little resources you can use to build touchpoints with other departments. Incorporate interactive elements within intro presentations or training sessions so they’re fun and engaging. The more you humanize your team, the more others will feel comfortable keeping a regular cadence of communication.
👂 We’d Like To Hear From You
At Lawtrades, we’re working hard to build the number one legal community for in-house peeps, and we’d love to have your input. So we’ve created an open line of dialogue to hear what you need. Have a content idea, want to drive a networking session, participate in one of our panels, podcasts, or even provide feedback? Leave it in our community suggestions tab!
3. Learn Your Audience
You are only going to be better at mitigating risk if you’re involved in the crucial business conversations at the outset. It seems obvious, but it may not be to everybody. Learn how to communicate with those at the executive level, understand what makes them tick, and adapt your language to match theirs. While words are important to legal, the C-suite speaks better in numbers and hard data. Come at it with a positive intent, and show you’re willing to be involved. It’ll further the trust of the legal team, and work to build a positive, long-lasting relationship.
📆 Coming Up
If you loved this panel and can’t wait to see more…
Join us next Thursday, April 28th, for What a First-Time GC Needs to Know About Privacy. Moderated by Ben Isaacson (Fractional Privacy Officer and Lawtrader), come and listen to Peter Day (Global Chief Privacy Officer and DGC at SHEIN) and Jordan Mazur (GC at Lively, INC.) as they share what a first-time GC should know about privacy, from key law concepts to trends and implementation strategies.
4. Know Your Business
You have to learn the entire lifecycle of your business…it’s how you can communicate in a meaningful way that resonates with the non-lawyers you work with. Understand where the crucial business decisions are coming from, and mirror them in your negotiation strategies. If the business team sees that you are willing to think creatively to craft solutions when reviewing a contract rather than jumping into a redline and saying no to everything, they’ll view you more as a partner instead of a stopgap.
5. Establish Your Presence
Get to know your colleagues! Schedule time to have those casual ‘water-cooler conversations’ with your team. As time goes on, those relationships can reap dividends for you. Don’t miss the value of personal branding. When you’re publically visible, people get to know you from a different angle. Encourage your legal team to network and participate in community discussions (like this one!) so they can establish their presence outside of the workplace. Word will spread and trickle back to the value-add of your team.
Would you like to learn more about building your personal brand? We dove deep into the what, why, and how of cultivating a personal brand. Check it out here.
☎️ Let’s Get In Touch
Want to learn more about Lawtrades? Sign up for a 15-minute call with a member of our team and you’ll get 10 free hours of legal service, on us.
💡 Spotlight on Talent: A Unique Set of Operations
Rick Segers, Investment Operations, Lawtrades
Background
Meet Rick! Born in New York, but raised in Richmond, VA, he boasts a unique path of entry into the legal space. Rick attended Old Dominion University where he studied Economics and Supply Chain Management while playing Division I College Football. Shortly after graduation, Rick started working part-time as an intern for a local fintech company where he was introduced to the intersection of finance and technology. While he considered it a “tying my resumé to a balloon and letting it fly” moment, Rick has been fortunate to build a solid foundation in his career since and has worked in multiple remote and non-remote positions across operations, compliance, and sales.
Path to Lawtrades
Rick connected with Lawtrades after our co-founder, Ashish, reached out to him about a full-time opportunity that matched his expertise with a client in an emerging venture capital startup. The timing could not have been more perfect, as he was just transitioning out of a job after getting laid off due to Covid-related financial reasons. Rick was hired on for a six-month engagement, which as it turns out, has been quite fitting— as he just celebrated his one-year milestone with Lawtrades, and is still working on a full-time basis with the same company.
Success with Lawtrades
With Lawtrades, Rick has been able to match both his career and financial goals, while working in a space that invigorates him. Prior to his current engagement, he had limited experience in the legal field and in the venture capital industry. His engagement has exposed him to new types of work that have challenged him but given him irreplaceable knowledge and experience.
“I do not typically consider myself a freelancer, but after this experience, I will always place a significant premium on flexible, remote work when considering my employment situation. I also take solace in knowing that, should my current engagement cease, the team at LT will work with me to find another opportunity to keep me working.”
Flexible Working Hours
Rick is lucky enough to live in a city where he can enjoy live music acts on a weekly basis. Since he can work on his own time, he is able to do things like take his parents out to eat during off-peak hours (his favorite!), work on home improvement projects, and get his golf game course ready 🏌️♂️. Not to mention, he has been reaping the benefits of WFH by cheffing it up and cooking nearly every meal. We couldn’t help but share his little affirmation:
“Life tip: if you ever catch yourself asking whether something will ‘crisp up nicely in the air fryer’, you can assume the answer is yes.”
At Lawtrades, it has never been easier to go freelance. Take charge of your legal career by choosing who you work with, what you want to work on, and when you want to work.
♻️ 5 Key Takeaways: Why Legal Should Lead on Sustainability
Yesterday, we had a cozy fireside chat with Christine Uri, Chief Legal Officer and Chief Sustainability Officer at ENGIE Impact. We discussed what sustainability is, why it matters, and the first steps legal can take to build a long-lasting partnership. Here’s what you need to know.
1. It’s Not Just One Thing
Let’s get back to the basics. Put simply, sustainability is about having a process that can repeat over time without dying out. Taken into the corporate framework, there’s environmental sustainability, social sustainability (think diversity, equity, and inclusion), and governance (such as ethical business practices).
2. Learn What’s In Place
The first step in getting more engaged with sustainability starts with a simple web search. No, really! Learn what exists at your company. Do you have a website or blog post relating to it? Do you have a team involved in it? Next up…figure out who’s interested. Speak cross-departmentally and find allies who will help drive the initiative further.
🎧 Listen on the go
Now you can listen to our panels when, where, & how you want...all via our podcast!
If you missed this event, want a quick refresher, or want to share it with others, we’ll be releasing this episode next Tuesday!
3. Focus On The Value-Add
You have to figure out what the value proposition is for the business as a whole and for each role within the organization. Are there cost savings that could arise from a sustainability program? Speak to HR, sales, marketing, and ops to understand where it could help them. Voice it to senior executives, and use the language of your colleagues to portray the value-add.
4. Use Your Reach
The partnership between legal and sustainability is not exactly obvious. The strategic role that legal plays across the business as a whole makes it a key candidate to pursue initiatives like these. Since both ethics and compliance are already under the legal umbrella, leaning into those practices, and taking them a step further across the environmental, and even social spectrum can forge a lasting relationship.
🤝 Join Our Community
If you’re looking to join an emerging legal community— join our own private community of in-house leaders! It’s a place to network, share ideas, and meet other like-minded professionals.
5. It Takes Time
You need to start from somewhere! It’s easy to be overwhelmed by the sustainability initiatives at large multinational corporations and feel like you need to do everything overnight. None of these issues are going anywhere. Start building it piece-by-piece. If you give 10 minutes a day to something, you will be shocked at what you can get done in a year.
🧑⚖️ An Expert's Take: The Foolproof Way To Build An In-House Team
Here’s the first in a series of content from our community of amazing clients. This piece is written by Ani Bhat, General Counsel at HealthEC. He provides an insightful approach on how to build a successful in-house team from the top-down. Check out where to begin, who to look for, and learn best practices.
Hiring is risky. It can take months to know if you have achieved that elusive sense of mutual fit. When it comes to building an in-house legal team, this risk is amplified due to the potential impact on the business. But every risk can be managed with a sound framework.
Traditionally, GCs approach the task of building a team by simply seeking to fill existing gaps in expertise. This approach may yield a collection of strong individual contributors but could lead to a less than effective team. Instead, it’s more useful to focus on maximizing collective impact.
This is the approach that product management guru Shreyas Doshi preaches as being an excellent time management framework. Doshi calls it the LNO Effectiveness Framework, which stands for “leverage,” “neutral,” and “overhead.” The framework acts as a way to categorize tasks based on a multiple of positive impact on the organization. “Leverage” tasks create 10x impact, “neutral” tasks about 1x, and “overhead” tasks <1x. It is admittedly subjective but a terrific way to prioritize your energy and time. The same framework can be adapted to building a legal team: hire in a way that maximizes your collective impact on the organization.
Where to Begin
First, consider all the ways in which your legal team can best impact the organization. For a sales-driven organization, perhaps it is in contracting and speeding up revenue recognition. For an organization in a highly regulated industry, it may be in working with the compliance team and upskilling the workforce. A hypergrowth startup, maybe in commercial contracting and hiring support.
Next, run a quick SWOT analysis to assess your weak points and threats, as well as opportunities to create value. Finally, list all the areas that the existing team (which may just be you) spends time, such as research, matter intake, contract management, policy review, HR advice, advising the C-suite, corporate governance, and so on. Assign scores to each using the LNO methodology, cross-walking the prioritization with the impact and SWOT analysis described in the previous paragraphs. This exercise will force reflection on your mission and strategy as a collective legal function. It should also yield a clear picture, not only of which roles you need to hire and in what order, but the specific skills and attributes you need to look for.
What You Need
Paralegals are a great first hire, especially for in-house teams that do a lot of corporate or commercial work. Effective at handling and triaging a high volume of “neutral” and “overhead” tasks like maintaining a contract repository, handling state regulations, and making up NDAs and basic contracts, they are “leverage” game-changers.
It is also important not to overlook the role of technology in reducing overall spend; many “neutral” and “overhead” tasks are better handled by a well-managed tool. Contract lifecycle management, e-signatures, matter intake, state registrations, etc., all have excellent technology options. I, therefore, see legal tech adoption as a “leverage” project, and maintenance as a “neutral” task.
When hiring your first commercial lawyer, it is important to keep the following things in mind. Core legal skills are only part of the success equation. The ability to work cross-functionally, exhibit high EQ, and build trust with non-legal peers are all important attributes for an in-house legal team.
Who To Look For
When it comes to the interviewing process, I look for three things beyond checking for required qualifications and skills:
1. Is the candidate a team player? Ask them for examples where they supported a colleague to their detriment, or shared credit for a job well done.
2. Has the candidate experienced setbacks? Ask them to tell you about a time they failed. The ability to learn from failure and use it as fuel is a force
multiplier.
3. Has the candidate implemented legal tech before? We are on the verge of a revolution in legal tech and experience with implementation, positive or negative, is an advantage. I also like to seek out “early adopters” of tech because they tend to be comfortable trying new things and thriving on the learning curve.
Best Practices
As GC, you will also need to carve out time to provide guidance, mentorship, and oversight over your attorney team members as they hit their stride, and on an ongoing basis to ensure their career objectives are being met. I believe in thinking of every lawyer on your team as your eventual potential successor and preparing them as such, even if you may not want to explicitly tell them that. You never know when you will have to give someone a field promotion and have them step into your shoes. The better prepared they are, the better your department can serve the organization. Quarterly offsites can be an effective mechanism to self-analyze your impact as a department, set goals, provide performance feedback, and nurture these deeper aspirations. I assign a “leverage” score to continue education, skills development, and external brand-building for attorneys.
In conclusion, I believe this adaptation of the LNO framework can help drive more value-added legal service and also nurture job satisfaction; nothing is more frustrating for an in-house lawyer than feeling inundated with low-impact grunt work or having their growth objectives ignored by their manager. The ideal outcome - a well-rounded team of professionals who bring their full and best selves to their work - does not happen unless you, as the leader, can commit the time needed to mentor your team and help them achieve their long-term career aspirations. It is arguably the most important “leverage” project on your plate.
Looking for support while building your legal team? We can help. Click here to get in touch with our team. And, if you’d like to join our own private community of in-house leaders where you can network, share ideas, and meet other like-minded professionals … apply here!
🤿 Sunday Deep Dive: Why Your Personal Brand Matters
Jeff Bezos says, “Your brand is what other people say about you when you’re not in the room.” Unfortunately for the Amazon and Blue Origin founder, people are saying some pretty nasty things about him. Employees report that he uses abusive language and Amazon workers say they have to urinate in bottles because they don’t get enough toilet breaks.
Amazon gets away mostly unscathed by this unsavory behavior (let’s be honest, who else is going to save you with same-day delivery when you run out of dog food or forget your anniversary?) but the toxic elements of Bezos’ personal brand have contributed to consumer boycotts and some serious pop culture blowback. Comedian Bo Burnham went so far as to write a song about Bezos where he sarcastically encourages the entrepreneur to drink the blood of fellow billionaires Zuckerberg and Gates.
Few of us have the reputational impact of Bezos but our professional brand can nonetheless have a major impact on our careers, companies, communities, and even the broader legal industry. In this deep dive, we unpack the what, why, and how of cultivating a personal brand.
What is a personal brand?
The way you are perceived by others in a professional setting is made up of a range of tangible and intangible factors. Just as a company’s brand is much more than the products or services it sells, a personal brand is much more than your professional skills and experience. Your personality, values, appearance, and communication style all contribute to the impression you make on clients, colleagues, potential employers, and your wider network.
Why does it matter?
Let’s be honest, self-promotion and active social media posting are not for everyone. In fact, I’m sure most users of LinkedIn have seen virtue-signaling, inauthentic, or oversharing posts that kinda annoy them. If you’re happy in your current role, you might think it’s a waste of time to spend ages crafting share-worthy content or showing your face at a load of dull conferences.
But the truth is, whether you realize it or not, you're already cultivating a personal brand. In fact, as a legal professional, you’ve spent your whole career doing just that. Every time you interact with a client, attend a webinar, or even work with another department you’re projecting an image of yourself, your team, and the firm or company you work for.
If there’s already a story out there about who you are and what you represent, it makes sense that you should take control of that story because it's likely to affect you in a number of ways.
Here are several areas where a strong personal brand can have an impact:
Building a good brand takes a lot longer than writing a good cover letter but, when it comes to applying for a job, it will serve you well. Headhunting has become easier than ever with tools like LinkedIn. Potential employers have access to everything you’ve ever posted before you’re even aware that there is a vacancy. In fact, employers often prefer to headhunt ‘passive’ candidates (people who are employed and not actively seeking work) because it indicates a strong employment record. Good recruiters or hiring managers will also spend time talking to your colleagues and clients, seeking out detailed information about how you behave at work.
In other words, if you want to land your dream job, you should treat every day at work and every post online as if it’s part of a job interview.
Supporting the company brand
Mike Gooley, the founder of UK travel agency Trailfinders, likes to brag about being rich but penny-pinching. These are personal traits but they serve to inform customers that their money is in safe hands and the agency can afford to bail them out if say (this is off the top of my head) a highly contagious killer virus suddenly broke out and disrupted their holiday.
We aren’t all synonymous with the companies we represent but whether you Tweet about Mental Health Awareness Week, attend a conference on sustainability in your industry, or share a photo of yourself with your vaccine card, you are having an impact on your company’s brand.
It's a tricky line to walk but sometimes you can represent your company by promoting values that the company supports but can't publicly promote. It may not always be appropriate for the company to comment on political events (like the invasion of Ukraine or the storming of the Capitol) or it may take time for the PR team to get an official stance prepared and signed off. In the meantime, you can let your employees know how the company feels by posting in your personal capacity.
Building community
Even before the pandemic, social isolation was a growing epidemic. In a recent survey, 36% of Americans reported feeling lonely frequently or all the time. The movement towards remote work does nothing to improve this problem. Research suggests that fully remote work increases loneliness by 67% compared to in-office work. This is particularly concerning because social isolation is linked to an increased risk of chronic illness, substance abuse, and domestic violence.
You can use your personal brand to foster a sense of community and help others feel that they belong. That could involve messages of support, acting as a role model, or light-hearted relatable content that makes people feel like they are not alone.
Leading your team
Personal branding can be a form of leadership. The way you interact with employees can inform the culture of the team— whether that’s being prompt for meetings, celebrating a new recruit on social media, or sharing content about workplace mental health. Sharing your team’s achievements can also help to foster camaraderie and give clients a positive impression of your relationship-building skills.
Breaking boundaries
Law can be a bit of an old boys’ club. Whether you’re BIPOC, a white woman, or have an accent that stands out, you can face negative stereotypes at work and in the hiring process. To name just one example, a study found that 57% of female lawyers of color had been mistaken for non-legal staff, such as caretakers. Being good at your job should be enough to prove yourself but sadly sometimes that’s just not the case. If you’re in an environment where you’re not automatically assumed to be capable and insightful, building a personal brand can help you to prove and promote yourself— even if you shouldn’t have to. You can also use your personal brand to promote those in your community who are crushing stereotypes.
Making an impact
Successful personal branding can go beyond building a good professional reputation. Brand-builders who acquire a big enough audience can become thought leaders or influencers (or ‘lawfluencers’!). They can offer perspective on the state of the industry and identify or even set the trends that guide the industry into the future. They can use their influence to highlight social issues and lend credibility to causes. They can also be particularly good at creating a sense of shared community. Law firms are recognizing the power of lawfluencers and partnering with them to connect with young recruits.
While we’re on the topic of branding…join us for ‘Marketing Your Legal Team as a Team of Yes’! We’ll be speaking with industry leaders about why it's important to brand your legal team and how to do it successfully.
6 tips for building a personal brand:
1. Start with a story
Before you start sharing your brand with the world, you need to establish what you want that brand to be. One way to approach your brand is to think of it as a story. “Our understanding of the world is packaged in narrative form,” says Ian Macleod, narrative economist and founder of Investment Narrative. When we think of a company, he explains, we don’t really think of it as a group of people and assets formalized by legal documents. Rather, the human brain turns all the information we know about Tesla, Facebook, or Nike into a story.
“The very same goes for the professional's personal brand,” says Macleod. “Your unique and complex self exists in a client's head as a highly abbreviated hero's journey. You tell this story with everything you do. Everything you say. Even the clothes you wear. They accumulate to tell the tale of where you started, where you are now, and where you'll end up. As with any story, a beginning, a middle, and an end.”
Once you have your story you can use it to craft your social media profile, plan cover letters and write your elevator pitch. The best part about a story is that, if it’s a good one, other people will tell it for you.
2. Get back to basics
A personal brand is not just about what you put on the Internet. In fact, some aspects of cultivating a personal brand haven’t changed in generations. Be punctual, dress appropriately, and treat others with respect. Old-school charm and good manners can go a long way. Imagine, for example, receiving a handwritten thank you note from a client. Little details like that can have a big impact on how you are perceived. More modern basics include good email etiquette, avoiding contacting employees outside of work hours, and actively tackling unconscious discrimination.
3. Check your digital footprint
We don’t recommend you do it daily but it’s a good idea to Google yourself. As a legal professional, you need to maintain a stark, clean online image so you've probably already set your privacy settings to hide that photo of your bachelorette or the time you played a villain in your high school production of The Sound of Music. Nonetheless, it's a good idea to check what comes up in the search results to make sure it's all professional.
If you’ve got a website or a blog, test the user-friendliness of your site and evaluate whether you need to do more SEO. Next, evaluate your social media profiles. There is loads of good advice out there for choosing the right profile picture and showcasing your experience.
4. Choose a platform
There are lots of different ways to get your story out there. Play to your strengths. Find content creators that you admire and examine their work to inform your own. Twitter is great for sharing links and for concise, structured content. Check out examples from this content expert and from this legal thought leader Kenneth A. Grady.
For lengthier content, post to LinkedIn or start your own blog like Practice Tuesday, which offers advice on studying and practicing law. You can pitch articles to respected news outlets or contact journalists directly to make yourself available as their go-to source on a subject area. Collaborating with mentors or influencers is a great way to build your audience and gain credibility.
If writing isn’t your vibe, get creative in other ways. Legal thought leader Bob Ambrogi hosts a podcast. Father and daughter barristers Miriam and Jonathan Seitler QC host a Youtube series called ‘Carpool Caselaw’, inspired by James Cordon’s Carpool Karaoke. Getting on the speaking circuit is another option. Webinars, conferences, and roundtables are great opportunities to share your expertise and build credibility. You could even set up a Facebook Live Q&A to connect with your network and add value.
5. Be real
People are content savvy nowadays. They can smell an inauthentic social media post a mile away. Plus, people talk. Tools like Glassdoor mean that employees can give an honest review of what it is like to work for you while LinkedIn makes it easy to get in touch with your former colleagues and clients. If you post about #mentalhealthawareness but spend all day yelling at new recruits, don’t expect it to be a secret.
When cultivating your brand, you should think carefully about what values you genuinely, authentically care about, whether that’s driving more tech-based solutions in legal, supporting working moms, or providing legal support to small businesses. Once you’ve committed to a set of values, make sure you walk the talk.
6. Be useful
If you want people to pay attention to your content and see you as an expert, offer them something that they’ll want to save and refer back to. Pay attention to the challenges that people in your industry are facing and address those pain points in your speaking and writing.
There are lots of great personal branding role models out there. Sara Blakely is one of them. She has a story with a beginning, middle, and end: from a door-to-door fax machine salesperson, to a feisty entrepreneur with just $5000, to a mom, a billionaire, and a philanthropist. Her regular Instagram posts featuring mugs with cute slogans and photos of herself and her kids in pj's contribute to her consistent #girlboss image and make her seem authentic and down to earth. And she was labeled the best boss ever when she bought all her employees a first-class holiday to a destination of their choice.
You don’t need a global reputation or a billion dollars to have a strong personal brand. In fact, you don’t need anything you don’t already have at your disposal. All it takes is the intention, a bit of social media game and, to quote Oscar Wilde, to “Be yourself. Everyone else is already taken.”
🕴5 Key Takeaways: Legal Department of One
This Tuesday, we had an enlightening discussion with 3x GC, 5x author, and creator of the award-winning Ten Things You Need to Know as In-House Counsel blog, Sterling Miller about how you can survive (and thrive!) as a legal department of one. Here’s what we learned.
1. Clarify your Role
To put it lightly, starting as a solo GC can be, well, terrifying. Tight budgets, high expectations, and open-wide room for both success and failure can amass into an overwhelming scenario for anyone stepping into the role. You want to flesh things out with your employer so you can clarify what your role is, and what’s expected of you before you even have your first day. It goes without saying…any gets should be cemented in writing.
2. Befriend Risk
While the legal profession may be particularly dedicated to mitigating risk, a solo GC may have a bit of unlearning to do. You may be used to running decisions through a slew of associates, and taking generous time before making a decision. That’s all out the window in-house. Getting comfortable with risk is a must.
3. Stay Inventive
No matter how hard we try to change the dialogue, legal is still viewed as a cost center. Instead of lamenting that tight budget, get inventive! Pool your existing resources, reach out to your network, and engage yourself in community. Just because the money’s not there doesn't mean you can’t build out a great legal infrastructure.
Oh, and if you’re looking to join an emerging legal community— join our own private community of in-house leaders! It’s a place to network, share ideas, and meet other like-minded professionals.
4. Learn the Business
Let’s face it, as a company’s first GC, you’re thrown into a chaotic environment with many fires to put out. Start with the basics: learn how the money’s spent, get up to speed with the product, and pinpoint any pain points. Reach out to your team, and try to connect with someone in each department (yes, even sales!). Work to adjust your mentality to the risk profile of the company, and balance the tight line of both value creation and risk destruction. It doesn’t hurt to pick up a bit of the financial basics— it’ll paint a much clearer picture of the biz.
🎧 Listen on the go
Now you can listen to our panels when, where, & how you want...all via our podcast!
If you missed this event, want a quick refresher, or want to share it with others, we’ll be forwarding this episode out next Tuesday!
5. Plan Ahead
Chances are, you’re not always going to be a legal department of one. Think early about who you’ll hire down the road when the opportunity opens up. Will your first hire be a paralegal? Legal ops role? Attorney? Keep notes on the issues the company is facing, and keep track of the money you’re currently spending. A hot tip? Note the value that bringing that spend in-house will bring, and speak up about it.
👀 If you’re looking for flexible legal talent, the offer’s still on the table. 10 free hours of legal service, on us.
📆 Coming Up
If you loved this panel and can’t wait to see more…
Join us as we speak to sustainability in legal expert Christine Uri to learn why sustainability matters, what legal can do about it, & take away some tips to get started.
📚 Resources Mentioned
Whew, there were SO many great resources mentioned during this panel. Here are Sterling’s top recommendations:
If you’d like the full pitch deck from this discussion, click here!
🤝 5 Key Takeaways: Forging Inclusive Workspaces For Women in Law
Yesterday, we had an uplifting, candid, and honest conversation with legal leaders centered on building inclusivity in the workspace. Moderated by our very own Melissa La Forest, we were joined by Darya Pollack (AGC, Compass), Jessica Villanella (Co-GC New York Mets), and Viviane Windmiller (Sr. Director of Legal, Illumina). Here’s what we learned.
1. Do your research
Let’s be honest. We all know law school doesn’t exactly prepare you for your first legal position. The knowledge you gain at a law firm is important before you go in-house. It teaches you the foundation of practicing and helps you learn the business. It’s easy to jump at the first opportunity you get right out of law school. Take time to find an organization that aligns with your values, and meets your goals for where you want to be both now, and in the future.
2. Being a woman in law is not a limitation
Or a hindrance, or a barrier, or a setback. The dialogue has completely shifted over the past decade. We’re seeing more women in senior-level, executive positions than ever before. We’re seeing more moms in these roles. Aim to work in a forward-thinking company that fosters equity, empowerment, and most importantly—flexibility.
3. Allyship starts with open dialogue
Look to lead in, or work for a company that is ready to have those tough conversations. If you’re a leader, speak openly about life outside of work and encourage others to do the same. Learn the limitations of your employees, and be ready to step in when necessary.
4. Uplift & empower those around you
Lead and manage with empathy. As a leader, look to understand the career goals of those below you and do what you can to support that growth. Understand your values as a leader and how they fit within the organization. Champion transparency and inclusivity at every step of the way. A happy and well-supported team will optimize functionality across not only your team but the organization as a whole.
5. Find strength in community
There’s strength in numbers. Going in-house can be tough, and learning the ropes takes time. The great news is that there are so many communities out there that offer both valuable resources and mentorship—however broad or niche you like to go.
🔦 Meet the Team: Matt
Meet Matt! Just two weeks ago, he was Director of Legal & Risk Management at a global real estate investment firm. Today, he’s a self-dubbed “recovering attorney” who just so happens to be our Head of Community. With an extensive background in legal memes, & tik toks—we’re stoked to welcome him to our team.
Can you share two interesting facts about yourself?
Avid lacrosse player (although I only have one ACL at this point, so I can’t say I’m very good!). Can cook a pretty solid lasagna.
How do you like to spend your weekends?
Outside exploring nature with my wife & son.
What is the most unconventional job you ever had?
I was once a “lacrosse stringer” at a sporting goods store. My sole job was to restring old and new lacrosse sticks for customers!
Why did you choose to join Lawtrades?
I chose Lawtrades because of their vision and message. The legal market is ripe for change and I believe that Lawtrades is the company that will be leading the charge!
What are your primary responsibilities?
I am our Head of Community. Primarily, I am responsible for the growth and development of our already thriving community.
What are you most looking forward to in this position?
I am looking forward to connecting with folks throughout the globe and hearing their stories.
Where do you think you help the most in this position?
Really hard to say! I think I help all aspects of Lawtrades and our fantastic community!
🤿 Sunday Deep Dive: Why Your Carbon Footprint Still Matters When Working Remote
The switch to home-working seems like a convenient planet-saver. It’s not that simple.
Back in early 2020, when we were still disinfecting our groceries and making sourdough starters and banana bread, something was happening that seemed like a silver lining behind the black cloud of the pandemic. Nature was flourishing. Dolphinsplayed in the canals of Venice. There was less noise and air pollution. Carbon dioxide emissions fell by 6.4% globally and 13% in the US alone. All of this was happening because offices were shuttered, planes stayed in hangars, and commutes were replaced with the short walk from the bed to the kitchen table.
Now the daily commute is becoming a thing of the past - at least for high-paying desk jobs. A whole raft of major employers, including Microsoft, Adobe, Verizon, and Spotify, have announced hybrid or remote work policies. Sixty-one percent of professionals want to be fully remote and 97% want to be at least partly remote. In fact, more than half of professionals surveyed said they would quit if not offered hybrid working post-pandemic. That’s significant data in a hiring market where candidates are calling the shots.
It all sounds like great news for the environment, but that’s not necessarily the case. To understand the complexities of the situation, let’s unpack the environmental impact of heating/cooling your home, commuting to work, and a few other unexpected factors.
Heating and Cooling
Residential energy use surged during the lockdown with midweek demand resembling normal weekend patterns. In some parts of the US, weekday residential usage was up by 30%. Even though we were replacing restaurants, cinemas, and gyms with home baking, Netflix binges, and sessions on Peloton bikes, it’s safe to say that working from home (WFH) made up a hefty chunk of our lockdown carbon footprint. Estimates suggest an average day of home working increases household energy use by 7-23%.
The impact of WFH depends on where you are and whether the sun’s out. In the US, electricity demand is higher in summer when everyone flicks on the AC. In the UK, energy use is 36% higher in winter, meaning that WFH costs households an additional £21/day in the colder months. Those fluctuations will only get more dramatic as global warming brings hotter, longer heatwaves and more extreme winter weather, like the cold snap in Texas last Feb.
The environmental impact also depends on whether the electricity source is green or ‘dirty’. Sweden’s electricity production is 45% hydroelectric, 30% nuclear and 17% wind power whereas South Africa’s is 83% coal-powered. Heating a bachelor pad for one exec is less efficient than heating a couple’s shared space (if less likely to lead to arguments) and drafty old mansions will fare worse than compact, modern apartments.
This wasn’t so much of a problem during lockdown when whole floors of skyscrapers went dark and office microwaves sat idle. But in the hybrid working world, there is the danger of doubling up, with companies heating and cooling offices for some staff while others tweak the thermostat at home. It’s a difficult problem to tackle. In the past, companies could calculate their carbon footprint by assessing an average day in the office. Now they have to take into account the fluctuating number of people in the office and what kind of insulation they have in their homes.
The Commute
Okay, so we use a bit more electricity at home. But surely that’s canceled out by all those gas-guzzling commutes we’ll avoid? Again, it’s a bit more complicated.
Road transport accounts for about 15% of global carbon emissions. Pre-pandemic, over a million people, commuted into New York City every day, and more than 500 million traveled across the city. Similar movements were happening in urban centers across the world. That’s a whole lot of journeys, each with its own carbon footprint.
In 2020, traffic around the world decreased by around 70%. Major New York commuter highways were so quiet that they attracted drag racers and even ATVs. As recently as this Jan, Subway and commuter rail rides in NYC were less than half of 2019 levels. Similar patterns are visible for rail networks in Paris and London.
That’s definitely a major win for the environment but it's a bigger win for some cities than others, depending on their commuting patterns. Pre-pandemic, 75% of Chicago commuters drove to work, while in Tokyo more than 80% traveled by rail. London was somewhere in between with 45% of commuters traveling by car or bus and 38% by rail.
Cutting down on rail journeys has a much smaller impact on the environment than cutting back on car journeys. Rail is one of the greenest modes of transport and accounts for only around 1% of emissions. That’s including luxury journeys on the Orient Express and 2 a.m. rides home on the metro on a Friday night. In other words, even if commuter rail journeys stay at their current low volumes, we are still talking small percentages of global emissions - which is positive but not as dramatic as you might expect.
WFH will have an even smaller impact in cities with eco-friendly commute habits. In Amsterdam, for example, almost half of all home-to-work trips are by bicycle, so the carbon footprint of commuting is already minimal - not to mention the wellbeing benefits a morning cycle affords workers.
The impact in different regions will also depend on how ‘clean’ cars run. US cars tendto run ‘dirty’ and are also less fuel-efficient than their European counterparts. In the UK, the sale of all new petrol and diesel cars and vans will be banned from 2030 to encourage the adoption of more eco-friendly electric vehicles while US President Biden’s ambition is to require 50% of new vehicles sold to be electric by the same date. Laws like these will have a big impact on the carbon footprint of office workers.
The good news is, remote working will still likely cause a net decrease in global emissions. Researchers estimate that if everybody able to work from home did so for one day a week, global emissions would drop by 24 million tonnes/year - which is the equivalent of shutting down all of Greater London. Not to mention, global oil consumption would decrease by 1%.
Here’s an indication of how WFH impacts your personal carbon footprint. If you commute by car and live more than 3.7 miles from work, WFH probably lowers your footprint. But if your commute is shorter or by public transport, foot or bicycle, WFH could increase it.
General Car Use
There’s another complication to consider. Although car use was down overall during the lockdown, the covid-era has seen people ditch the coughing crowds on public transport and shift to private vehicles. In China, bus and metro journeys more than halved during the height of the pandemic while private car use doubled. In New York, car registrations were up 18% in 2020 compared to the previous year and congestion increased in greater Paris, London, and Perth. Without a proper rush hour, trains, tubes, and trams might be forced to reduce their offering, pushing even more people towards cars.
Moreover, some researchers think that WFH makes us drive more. The theory is that office workers drive to and from an office in the city center and do activities and errands within walking distance of that office. They often use the gym at work, nip out during their lunch break to run errands, grab groceries on the way home and meet friends for after-work drinks near the office. Home workers, however, have to make separate car journeys for each errand or activity in their day. If more people work remotely, traffic levels could drop and parking could be easier meaning that those who are commuting might find driving a more attractive option. And if more people are only working part of the week in the office, they may consider living further away - where property prices are lower - and end up taking on a longer commute.
That theory is backed up by data. A survey of 26 countries found that loads of people plan to drive more after the pandemic than before. In the US, the figure was 40% of drivers. In South Africa and Brazil, it was 60%+.
The Great Exodus
On top of the Great Resignation, The Great Reset, and The Great Reshuffle, lockdown brought us another big movement: The Great Exodus. Everyone seems to know someone who bought a shack on the beach or a house in the suburbs in 2020 in an attempt to escape the virus-ridden cities and make the most of remote working. Research suggests that more people moved out of cities than into them while suburbs saw the reverse. San Francisco and New York are thought to have seen the largestexodus, perhaps because of the high cost of property and a high proportion of remote-friendly employers in those cities.
So what does that mean for carbon footprint? It’s intuitive that big suburban houses lend themselves to high energy use and a car-centric lifestyle. One study found that the average suburban household emits 25% more carbon than the average urban household. Another study claims that high-rise dwellers use more eco-friendly transport and make more journeys by public transport, on foot, and by bike. However, they also found that city slickers travel more miles by car per year per household and consume about 27% more energy per person at home. Of course, those details will vary massively depending on whether you're comparing downtown LA to Beverly Hills, London to the suburbs of Essex, or Cape Town to the seaside village of Kommetjie. In short, The Great Exodus seems like a carbon footprint win but it’s tricky to make any firm conclusions.
Business Travel
Much like the dessert on an airline meal tray, the stats on business travel leave a bad taste in your mouth. Air travel causes around 2% of global emissions and 3-4% of US emissions. Business travelers make up 12% of airline passengers but are responsible for more than their fair share of CO2. Flying on the company dime often means flying upfront, not squeezed into cattle class with the sunburnt backpackers and screaming babies. First-class seats have 4x the carbon footprint of the economy while private jets are 10x more carbon-intensive than commercial flights.
Bill Gates claims that 50% of business travel will vanish post-pandemic. Video-conferencing alternatives have seen major venture capital investment in the past 2 years, which suggests that virtual events are not going anywhere. Yet, Zoom fatigue and the benefits of face-to-face interaction might get people back on the road attending trade shows and conferences, meeting international clients, and getting to know their colleagues on team-building getaways. There is a potential financial incentive too. According to one study, every $1 spent on business travel corresponds to $12.50 in revenue because it’s an opportunity to close deals, network, and attract new clients.
Fifty-four percent of companies expect travel spending to match 2019 levels by the 4th quarter of this year and 34% expect it to return to 75-99% of 2019 levels by the same date. However, 79% of companies have made some kind of sustainability pledge so, unless that’s just lip service, we might see more of Zoom and less zooming about.
Remote work also opens the door for employees to set up shop in exotic locations. We might see more ‘digital nomads’ taking conference calls from a resort in the Caribbean or an Airbnb in Paris - which could have an impact on air travel. Time will tell.
A Few More Factors
- Clothing: People who WFH buy less clothing which is good news for their carbon footprint.
- Online shopping: Spending more time WFH does not correlate with doing more of your shopping online. That’s relevant because online shopping is probably worse for the environment than in-person shopping.
- Office downsizing: A study of Fortune 500 CEOs revealed that 74% expect to reduce office space post-pandemic. Offices are also likely to be rearranged. Open-plan spaces are not ideal when half the room is talking loudly on external Zoom calls. Renovation materials, moving vans and new furniture all have an impact on the environment.
So what can we do to manage our carbon footprint as we embark on the remote working path? As individuals, we can make eco-friendly choices both at home and in the office. We can turn off lights when we aren’t using them, choose climate-kind modes of travel or even adopt hygge, the Danish cultural practice of enjoying cuddly blankets and cozy beanies in the height of winter, instead of cranking up the thermostat. We can also adapt our WFH schedule so that we work more in the office in summer, for example, to save on air conditioning at home.
As businesses, we can:
- gather data about the energy use of remote workers
- consider the sustainability of materials and the energy requirements of buildings when we downsize office space
- invest in carbon offsetting schemes
- offer benefits or incentives that encourage employees to cycle to work, commute by public transport, or choose an electric company car
- coordinate remote working schedules so that the entire office is unplugged once a week
Too often, businesses have sustainability policies that are more PR and lip service than anything else. The pandemic is a great chance to shake things up. Maybe our lockdown plans to lose 5lb and learn a language didn't shape up, but it's not too late to set a carbon footprint goal. The window is closing. The ‘new normal’ is establishing itself in its permanent form. The time to reset working habits is now.
🌖 How to Moonlight (legally)
Side hustle, side gig, second job, passion project, an entrepreneurial venture, extra income stream. Whatever you call it, the question remains: are two jobs better than one? We cover the pros, cons, and how-tos of moonlighting as a legal professional.
Why would I want more work?
There are loads of different reasons to get yourself a side hustle. It’s an opportunity to test out a new career or try out freelancing without abandoning your day job. It could be a chance to develop specialist skills in a niche area of law that will help you in your existing role, or an outlet for a creative passion. A second job can be an insurance policy against redundancy in economically uncertain times. Plus, noble goals aside, there’s nothing wrong with a bit of extra income.
Sex, lies & videogames
But is it really doable? Hasn’t lockdown made our working hours creep further into our leisure time and pushed thousands of workers into burnout? Sure, but remote working has also revealed that either (a) working in an office involves loads of time spent pretending to be busy or (b) we can get away with doing much less work when we’re remote. Apparently, home workers have time for porn, naps, and video games during the workday (although you’re probably more likely to admit doing a load of laundry if anyone asks). And in a survey of home-workers, more than 50% admitted to working for a second company while on the clock.
Two for the price of one
You might be wondering what life as a moonlighter actually looks like. The Wall Street Journal interviewed professionals who work two full-time remote jobs and keep it a secret from their bosses. They describe playing Tetris with meeting schedules, logging into multiple calls at once, and using annual leave to make time for big projects (especially in tech jobs that offer unlimited leave). They also describe their double lives as a minefield: juggling laptops, color-coded browser tabs for different jobs, the constant fear that you’ll slip up and get caught - never mind the conundrum of what to put on your LinkedIn profile. That all sounds stressful but some of these dual-jobbers claimed they worked a 40 hour week and still doubled their salary. Tempting…
Sign me up!
If you’re going all-in with two full-time jobs, you’ll be pleased to learn that there is a website created to guide you through exactly that. But moonlighting doesn’t have to be as hardcore as a second full-time job and you don’t have to do it on the sly. In fact, it’s advisable to get your employers on board with the idea. The beauty of the gig economy is that it’s possible to take on projects of every shape and size. The first step is to choose a gig that’s well-suited to moonlighting and fits in with your primary job.
Questions to consider include:
- What is your primary employer’s policy on moonlighting?
Moonlighting isn’t against the law but as a legal professional, you’ll know how important it is to give your employment contract a close read. Check if your contract prohibits moonlighting or requires you to notify them if you take on other gigs. Double-jobbing might contravene non-compete or confidentiality agreements. There may be a clause that states that your employer owns your creative works - which could be a problem if you’re hustling as a screenwriter.
Some firms actually encourage employees to side hustle (sort of). Google encourages employees to spend 20% of their time exploring anything they think could benefit Google and Infusionsoft encourages employees to start a small side business. You might have more success persuading your employer to let you take on a side gig if you can show how they can benefit from your new skills and experience.
- What kind of company should you look for?
It might be strategic to look for a second employer with flexible hours or even one based in a different time zone. Overemployed suggests checking Glassdoor reviews to get an idea of how much engagement a company will expect of you. If you get through to the interview stage, it’s worth discussing things like workflow and meeting commitments.
- Should your second job be in law?
Working a second job in law means you can leverage your existing skills to maximize your income. Jumping from job to job will be less of a mindset shift. Plus freelance legal jobs are an opportunity to gain specialized experience. However, sticking to the same field creates space for conflicts of interest, and (if you’re on the sly) it could increase your risk of getting caught.
It might be wise to pick a second gig that fits so neatly with your skillset and experience, you can do it in your sleep. That way you don’t have to worry about mastering something new and you can tackle it even when you’re a bit worn out from your primary role.
- How will you manage your time?
Decide if you’re an early bird who can fit in a few hours before work, a multi-tasker who can squeeze things in during the workday, or a person who needs time to sink into a task. If you fall into that last category, you could look at using your weekends and annual leave for your side gig. It isn’t ideal for your work-life balance but it might be the most feasible way to fit it all in. Alternatively, if your primary employer is flexible, you could pair a four-day week with a day for your second job. If you’re unsure about how it will all work, consider taking on a short-term project as a trial.
There are also tools that can help you boost your productivity and manage your time. Mondays is a workflow solution that helps you visualize your to-do list, collaborate efficiently, and even automate routine tasks. RescueTime is another helpful tool. The app blocks distractions and tracks how much time you spend on different things, so you can avoid time-wasting and schedule time for tasks.
Blame it on the moonlight
Before you commit, there are a few other potential pitfalls you should be aware of. While some moonlighters can fit two jobs into a standard working week, that’s not always the case. Working too many hours can jeopardize the quality of your work and endanger your health. It might also put your employer in breach of working time regulations which limit the hours employees can work in a week. These rules vary in different countries.
Gone are the days of climbing the ladder at one company from graduation to retirement. The modern world of work is filled with possibilities. After lockdowns shook-up office culture, companies are grappling with the future of work. New working cultures are starting to be solidified in company policy. And after record numbers of workers quit their jobs in what’s being called The Great Resignation, now is the time to negotiate working arrangements that let you explore the opportunities available. Maybe ‘moonlighting’ isn’t such a dirty word after all.
🔦 Meet the Team: Veronika
Meet Veronika! She’ll be coordinating the talent experience as our Talent Success Manager.She brings generous experience in the community and events industry after previously working as a community lead WeWork. Let’s get to know her a little better!
Can you share two interesting facts about yourself?
Mother language is Hungarian - one of the most difficult languages in the world; I got married during the pandemic in a random chapel in Las Vegas (yep, the same one that Michael Jordan used!)
How do you like to spend your weekends?
I like to take time to connect with my friends and family, go out for a good meal, go for a walk, have a coffee, exercise, read, watch and listen. On weekends I pursue my secret passion (baking) and take a moment to plan ahead.
What is the most unconventional job you ever had?
Teaching assistant during my university years. While I was still studying, taking exams as a 3rd-year undergraduate student, I also held office hours for my classmates, tutorials, and corrected their exams. It was a great experience and I learned so much from my professor (who was also my boss), but it felt really weird to be teaching my classmates too!
Why did you choose to join Lawtrades?
I chose to join Lawtrades because what it stands for is really the future of work. Both in terms of what they offer to clients and talents as their product/service, as well as an employer to their employees. I used to work with Hannah (head of community) back at WeWork, and she spoke so highly of Lawtrades that I had to see what it was all about!
What are your primary responsibilities?
Making sure that our talents know how to best utilize the platform, to help them make the most, the best, and simply a success out of it. To help them grow professionally. I am always up and open for a good chat, to hear others' stories, and to find creative solutions. I like questions, and love finding answers to them. A smile is a curve that sets everything straight, so keeping talents happy and smiling is the goal.
What are you most looking forward to in this position?
That it's all about flexibility; things aren't set in stone and so I can be part of building things up. That we are in this together. That creative ideas are encouraged and welcome. That I can be part of something bigger.
Where do you think you help the most in this position?
I am hoping to build up real connections with talents and to "humanize" the system for them, to make sure they know: it isn't only a platform run by algorithms where they can find a job. It is more than that. And it is run by humans who listen, care, and support their growth.
✍️ To Redline...Or Not To Redline. That Is The Question.
Redlining gets its name from the original method of editing a contract. The parties involved would pass a physical document back and forth, each armed with a different colored pen, to suggest, accept and reject edits before agreeing on a final document.
Of course, the process looks a little different in the digital era but the brass tacks remain the same. In short, it’s a negotiation over the content and wording of a contractual agreement and it’s the last phase in the contract lifecycle before signing and executing. It takes place when drafting a new contract and sometimes when renewing or amending an existing contract.
There are 2 areas where redlining can get messy: the practical aspects of communicating edits and the strategic challenges involved in coming to an agreement that satisfies both parties. Here are our top tips for redlining like a pro.
The nuts and bolts
It’s unlikely you’ll be using the old colored pen method but, if you don’t have a good system in place, it’s still easy to lose track of who suggested what when. In long, complex documents, you can miss changes made by other parties or muddle up older and newer versions. If you’re sending a document back and forth, you might also run into trouble with incompatible file formats. Plus, if you’ve ever fought a battle with your tab key and a set of bullet points, then you’ll know that Microsoft Word can be a nightmare for formatting.
The easiest way to avoid this is to use digital contracting software. Cloud-based software platforms allow all parties to read and edit the contract in real-time in a streamlined format. These platforms feature change tracking which means you can easily follow the timeline of edits. Many of them even timestamp edits, leaving a detailed audit trail. They also tend to have security features that help you control and monitor who has access to the contract. There are loads of products out there, and they all claim to save drafter tons of time and money.
Here are some of the options and what makes them stand out.
- PandaDoc - All in one solution
In addition to cloud-based contracting, PandaDoc offers tools for marketing, HR, and sales. To gain access to their redlining tools, you need their ‘Essential’ plan which is $19/month.
- Ironclad - Risk mitigation
In addition to their redlining tools and workflow manager, Ironclad has ‘guardrails’ in place that ensure every document gets the right approval from the right person at the right stage.
- Juro - Good free version
Juro’s free version doesn’t include all their tools but if you’re starting out or on a budget it’s a pretty good option. One of their handy features is the ability to split internal and external versions of a document.
- Litera - Popular in the UK
Litera’s 2 main redlining solutions are Litera Compare, which detects differences in two similar documents, and Litera Collaborate, which allows multiple parties to work on a single document securely. They have a suite of other offerings including project management and proofreading solutions.
- DocJuris - AI redlining
The robots really are stealing our jobs! Software like DocJuris uses artificial intelligence to analyze, pre-screen, and negotiate redlines to your template from anywhere, in any language.
The real deal
Dr. Chester L. Karrass - whose LinkedIn profile describes him as ‘The World Leader in Negotiating’ - says “In business, as in life, you don’t get what you deserve, you get what you negotiate.” But it’s not just about getting the best deal. It’s also about getting it done as quickly and as cheaply as possible.
Here’s some advice that will get you one step closer to taking Chester’s title.
Be prepared
Doing your research before you start negotiating will save you time later on. Make sure you research the company you’re negotiating with. This will give you a strategic advantage and help you make informed decisions. Get familiar with regulations and industry standards for the type of contract you’re negotiating. And spend some time with your team or client to clarify your objectives, priorities, and the concessions you may be willing to make. Understanding the must-haves and motivations will allow you to protect your interests, pre-empt pushback and get the best results.
Communicate and be thoughtful
Be transparent with the other party about what you need. You want to foster positive relationships not just for the duration of the negotiation but for future interactions too. Think about how your edits come across. Deleting or rewriting large sections without explanation could come across as hostile. Pairing a major edit with a concession can help keep the tone amicable.
Call in backup
Another set of eyes can help reduce the risk of errors. Depending on the nature of the contract, you might want to lean on the expertise of other teams in your business - whether that’s sales, compliance, or HR - to ensure you’re getting things right. The more you collaborate early on, the fewer edits you’ll have to make later on. Cloud-based software is particularly useful for sharing contracts and gathering comments from a range of people.
Don’t send in the grammilitia
As a lawyer, you’ve certainly developed a great eye for detail. You might be tempted to fix every split infinitive and misplaced comma but oftentimes errors like these make no material difference to the meaning of a sentence. Redlining details like this can be a waste of your time and risks irritating the other party.
Get back to basics
If you’re new to drafting, it’s important to nail down the must-have clauses that appear in almost all commercial contracts. Even a seasoned pro can get bogged down in the details so it’s worth stepping back and checking you’ve got all your bases covered.
Clauses that cover confidentiality, force majeure, termination triggers, jurisdiction (for contracts with parties from more than one country/state), dispute resolution, and damages (in the case of one party failing to deliver) are essential for an airtight contract that covers your client/company for all eventualities.
Rely on Templates
Wherever possible use sample clauses from the archives of legal research providers. It’s much quicker than drafting from scratch and makes it easier to ensure you are using the correct language and protecting your company or client. Even when you need to draft a customized contract, it’s worth making use of tried and tested samples as a guide.
Even so, it’s important to note that it won’t be as easy as copying and pasting. You need to ensure that the template you use will comply with both your industry and company and most importantly, that it’s appropriate for the situation. Be sure to carefully examine each contract, and modify it where need be.
Playbooks
And, if you’re pushing out contracts left and right (hello hyper-growth!) you may want to consider contract playbooks. A contract playbook breaks down a company’s standard contract terms sets out an explanation of each clause (along with fallback clauses), and notes at what stage a company will “walk away” from a contract. These playbooks make it easy to train new legal hires and align with any department (like sales, finance, HR). Not to mention, it makes hiring outside counsel a breeze. In short, with a good playbook, anyone you bring on the team can offer near-immediate help.
A playbook may take several forms depending on the needs of a company. It can be as simple as a chart setting out general contract negotiating principles, or a fully-integrated library of form agreements, contract clauses, negotiation/approval policies, deal-review processes, etc. With the number of teams still operating remotely, having a playbook in the cloud is a must. Platforms like Lexcheck & Lawgeex can help set up and maintain your playbook. There are even some that have a library of templates, like DocJuris.
Be careful of ambiguities
This may sound like drafting 101 but being clear and concise is essential to prevent legal challenges later on. Define all-important terms upfront. Use short sentences where possible. Avoid dangling modifiers. Where a word or phrase has 2 meanings, try not to use it for both purposes in the same document. Take care with ambiguous use of pronouns or plurals.
Top-notch drafting requires an understanding of the big picture and attention to the tiny details. Champion redliners need a mixture of soft and hard skills - from charming the counter-party and knowing just how hard to push to applying the right pronouns and mastering the software. Learn to do it well, and you’ll gain an invaluable skill that will help your business or client get exactly what they need from the counter-party
We’ll be the first to admit redlining can be a doozy. If you’re looking for part-time help or would like to fill a full-time position, we have a diverse talent network ready to suit your needs.
🤿 Sunday Deep Dive: The Wage Gap
The ‘Equal Pay for Equal Work’ movement started way back in the 1860s but here we are in 2022, still talking about the wage gap. Here’s why it still matters and what you need to know.
Where are we now?
Since those early women’s rights activists raised the question of equal pay, there have been legal wins. The Equal Pay Act of 1963 banned bosses from paying women less than men for jobs that required equal skill, effort, and responsibility, although pay could take into account merit and experience. The Lily Ledbetter Fair Pay Act of 2009 was named for a former Goodyear Tire & Rubber Co. plant manager who was awarded $3.3m in damages in an equal-pay lawsuit. The Act made it easier for women to sue employers for pay discrimination. And the Paycheck Fairness Act, which aims to ramp up enforcement of anti-discrimination laws, has passed in the House twice, although it is yet to succeed in the Senate.
There have been tangible wins too - sort of. In the 1960s, the average woman earned 60c on the dollar compared to the average man. In 2018, that figure is 82c - but only 62c for Black women and even less for American Indian and Pacific Islander women.
Isn’t that comparing apples to oranges?
Of course, when we talk about the average man and woman, we’re not comparing people doing the same job. Men are more likely to choose higher-paying careers. At the university level, women favor humanities, education, and social sciences while men lean towards STEM. In fact, women born in the ‘90s chose majors with potential earnings 9.5% lower than their male peers. Even when male and female students indicate similar priorities, males tend to pick more lucrative routes. For example, in a group of students who identified helping others as a career priority, men were more likely to enroll in pre-med majors while women were more likely to pursue nursing. And when female students do enroll in STEM, research shows that they are more likely than male students to respond to declining grades by switching majors.
These choices are related to perceptions about where men and women belong and are likely to succeed. They are influenced by everything from the gendered portrayal of different jobs in the media, to a lack of role models (how often do you get on a plane and hear a female pilot speaking?), to the types of toys we play with as children (pink toy mop and broom anyone?). Career choices also relate to something called the confidence gap. Women tend to rate their performance lower than men, even when they achieve identical results. In math specifically, men tend to significantly overestimate their abilities while women have a more realistic perception. This is despite the fact that, on average, girls outperform boys in math and science.
Women continue to be influenced by these perceptions later on in their careers as well. In healthcare, for example, male doctors favor specialties like plastic surgery and cardiology while females lean towards primary care. Other research shows that jobs can actually attract more credibility and higher salaries because they are considered masculine, and conversely, jobs that are perceived as high-skill, high-pay jobs are more likely to be allocated a ‘man’s job’ status.
Gender also impacts the specific roles we choose. In the US, 12% of employed men work part-time compared to 25% of employed women. In the UK, the difference is even bigger, with only 11% of working men working part-time compared to 40% of working women. Women are more willing to accept lower pay in return for flexibility and security while men are more likely to accept lower pay now for higher potential earnings growth in the future.
But even if we compare earnings in the same job we can still see evidence of inequality. The pay gap for primary care physicians is 18%. Male software developers earn 4% more than women. Even in nursing, a female-dominated career, men earn 2% more.
That might not sound like much, but if you think about the fact that inflation rates of 5.5% led to a cost of living crisis in the UK this January, you can understand the material difference the wage gap makes. The US, meanwhile, is facing its highest rate of inflation in 40 years at 7.5%, giving the wage gap an extra sting in its tail.
So what about legal?
There is some positive news. Recruiting company CareerBuilder ran a study tracking male-dominated careers from 2009 to 2017. They found that lawyer was the role with the most gains for women, with women now occupying 48% of roles.
The overall picture, however, is more negative. Here are some of the more disappointing stats:
- The average weekly income for female lawyers is $1,878 while male lawyers earn $2,202.
- In-house lawyers fare better with no discernible pay gap for senior and management counsel however, women acting as general counsel make ~$100k less than men.
- Male partners earn on average $959k whereas female partners average $627k (yep, you read that right).
- Just 22.7% of partners and 19% of equity partners are women.
- Only 25.4% of lawyers serving as general counsel for Fortune 500 firms are women
- And if we go all the way to the top, only 3 out of 9 Supreme Court justices are women.
This is despite the fact that women have outnumbered men in law schools for several years and the number of female students in top law schools has been steadily increasing.
Wages aside, how do women actually experience workplace discrimination?
According to a 2017 survey, around 40% of working women say they experience gender discrimination at work. Examples include micro-aggressions, being denied a promotion, and being treated as if they were incompetent. Micro-aggressions are subtle or overt acts or words that come across as minor but which, as part of the pattern, are hurtful and create an exclusionary environment. Things like mansplaining, sexist jokes, being labeled emotional and being spoken over more often than others can be pervasive and nearly impossible to punish. These issues often become deeply internalized for women and add to an unacceptable culture of norms that is felt broadly across different workplaces, and careers. And let’s be honest, we’ve all experienced this, or know someone who has.
A global survey of legal workers found that 1 in 3 women had been sexually harassed in the workplace. One study found that female lawyers of color are sometimes mistaken for janitors or administrators. And another study concluded that female court justices are interrupted far more often than male Supreme Court justices.
What about the (baby) elephant in the room?
Wage gap skeptics argue that women bring lower pay upon themselves by having children. It is true that mothers tend to take more parental leave than fathers and are more likely to work reduced hours. However, research finds no difference in the hours worked by male and female lawyers long-term. In fact, women bill an average of 24 minutes more per day than men.
Women who have children experience a “motherhood penalty” with mothers of 1-2 children earning 13-15% less than other women and mothers of 3+ children earning 18% less. Lawyers who take mat leave report that their careers are permanently impacted by the break. In 2019, 6 female lawyers sued their employer, Jones Day, for pregnancy and gender discrimination. One plaintiff claimed she returned from mat leave to a pay freeze, negative performance review, and limited opportunities.
Lost hours and experience may account for some of the motherhood penalty but discrimination certainly plays a role. While men are perceived as more reliable colleagues after becoming parents, the general perception is that motherhood makes you less committed or competent at work. In one study, researchers created fictitious job applications - some which referenced children and things like PTAs and some which didn’t. They found that the ‘childless applicants’ were twice as likely to be called for an interview.
What should firms do next?
- Gather data
In the UK, California, and some European countries, large companies are legally required to report their gender pay gap. Similar nationwide legislation could soon pass in the US. In Denmark, wage reporting has contributed to a 7% drop in the gender pay gap. And in the UK, firms affected by pay reporting rules have seen the gender wage gap shrink by almost a fifth.
Worryingly, it seems that loads of companies are phoning it in. One statistician estimates that 10% of UK companies report incorrect data. Nevertheless, for companies with a sincere interest in tackling inequality, pay data can help clarify what’s going on and why. It’s also useful to gather data on the gender of selection panels, job applicants, and candidates interviewed.
- Be transparent
A few years back, the Ninth Circuit determined that salary history does not legitimize pay inequity. Eighteen states now have laws that forbid employers from inquiring about an applicant's salary history. And from May, New York City will join Colorado to become the second US jurisdiction that requires pay range to be listed on job postings - although several more jurisdictions have some kind of salary disclosure rules. These rules make it harder for hiring teams to apply conscious and unconscious gender biases when making applicants an offer.
Another way to encourage equality is to be transparent with staff about what their peers earn. Around 66% of companies discourage or prohibit discussion of salary information while around 17% practice transparency. Social media company Buffer is on the extreme end of the scale and publishes all employee salaries on their public website. Buffer claims that transparency helps them build trust with their staff but laws like these are controversial. Many companies fear transparency could create conflict amongst employees, invite bad PR and make it more expensive to hire and retain staff.
- Be flexible
A report by the UK government concluded that flexible working was the key to ending the wage gap. Research suggests that high levels of work-schedule flexibility in countries like the Netherlands and Norway are a major contributor to their low gender wage gap. The legal profession has a reputation for being old-fashioned but firms can attract and retain talented female (and male) legal staff by allowing room for parenting. More than half of women say they would turn down a job that didn’t offer flexible working and 31% of women who take a career break to raise children say they are forced to do so because of inflexibility at work.
Flexibility doesn’t just mean flexible hours. Remote working and accommodating freelancers are also avenues for diversifying the workplace. Two-thirds of millennial women say being able to work remotely is a priority. The number of freelancing mothers grew by 80% between 2008 and 2019. To ignore the flexi-working trend is to miss out on all that female talent.
- Help the fellas out
It might sound counterintuitive but firms that care about women should offer good parental leave to men. Paternity leave is associated with all sorts of positive outcomes - from happier marriages to better father-child bonds and better workplace satisfaction. It’s also invaluable to mums because it means co-parents can offer vital support in the post-partum phase meaning women are often able to get back to work more quickly. One study found that mothers’ income rose 7% for each month a father spent on parental leave.
Gender-neutral parental leave can also normalize taking time off to have kids and therefore undermine the motherhood stigma. You could even consider offering paid sabbaticals to long-serving staff who have no interest in becoming parents to counteract any bitterness they might feel about paid parental leave.
- Don’t be Don Draper
One fed-up female lawyer put it well when she Tweeted, “Don’t ask the female counsel to fetch the coffee…Try to remember their names. Don’t make repetitive jokes about breasts or skirts.”
Sexist and belittling talk has no place in the workplace, even if framed as a joke. Asking women exclusively to take on unpaid work, like organizing the office Christmas party, is also not cool. Senior employees and men in general should take initiative and call out colleagues who act like they’re on an episode of Mad Men.
- It’s not just able-bodied, straight, white women
In 2019, 170 companies sent an open letter to law firms complaining about the lack of diversity in their ranks. Clients like Facebook and HP threatened to drop Big Law firms if they didn’t make moves to become more inclusive. Racial minorities make up just 10% of partners at US firms. One UK law firm recently revealed that white partners earn 34% more than their peers. And less than 1% of attorneys have a reported disability.
People of color, immigrants, people with disabilities, and members of the LGBTQ+ community all deserve equal pay for equal work. Data gathering, mentorship, and inclusive work culture are just a few ways you can tackle workplace discrimination.
There’s still a long way to go but the future looks positive for women. The wage gap is narrower among younger workers (93c on the dollar for workers aged 25 to 34). The American Bar Association has set up a Gender Equity Task Force which aims to address issues like pay equity. And firms have started to take sexual harassment more seriously, with stricter consequences and clearer policies. The pandemic has also helped to normalize flexible working and made more people (female caregivers as well as others) consider the importance of life outside work. But we have to be patient. To quote the late women’s rights advocate and Supreme Court justice, Ruth Bader Ginsburg, “Real change, enduring change, happens one step at a time.”
➕ At Lawtrades, we’re proud that over 52% of our talent network are women. We’re committed to creating an inclusive, welcoming, and accepting talent network that prides itself on flexibility. If you’re thinking of joining the talent network, or would like to post a role, check us out.
📺 Event Replay: When & How to Make Your First Hire as a GC
It can be really difficult to know when a GC should make their first legal hire. Not only that, but who should they hire…and how should they hire them?
Our expert panel guided us through their experiences and shared their best tips for navigating the murky waters of making their first legal hires.
Meet the Presenters:
Moderator:
Ashish Walia, Co-founder, Lawtrades
Panelists:
Megan Niedermeyer, GC, Corporate Secretary, Fivetran
Jamie Hurewitz, GC, eSSENTIAL Accessibility
Nishat Ruiter, GC, TED Conferences
Key Takeaways:
- Understand the business model and current pain points before making the first hire.
- Expertise is important, but it isn’t everything. Assess compatibility with the values of the company, your team, and yourself when evaluating candidates.
- Communicate risk and build a trusting relationship with the C-Suite.
- Tap into your networks, hire good people, and more will follow.
What prompted you to make the first hire?
2:22-8:10
Nishat, “I evaluated the work volume and cadence of being able to be responsive to the business.”
Took a nontraditional route and had legal interns help us in the beginning. When the budget was there, we were able to scale and grow by building the team internally.
Jamie, “Balance the needs of the company and area of expertise that is needed- that you don’t have.”
I started immediately building out the infrastructure with which I didn’t have experience.
Megan, “If I were to go back in time, I would have posted job openings before I even started.”
We needed to hire for the long-term, short-term, and yesterday’s needs simultaneously. Evaluate the core, non-negotiable support you’ll need to hire before your first day and see if you can post them before you start.
What was the first role you hired for?
8:10- 12:11
Megan, “Our first hire was a legal-ops hire”.
A legal team does so much more than ‘just legal’. Leverage automation, and set up the systems at scale, so you can prevent the need for more lawyers.
Jamie, “Building out the contracts process really does scale itself.”
Having someone who is an expert in the legal-ops or contract management area is priceless.
Nishat, “Fill the gaps as best you can with the puzzle you have.”
We needed to find someone who fits the culture of the organization and the strategy we were trying to achieve.
What qualities do you look for in the initial hires?
12:11-15:12
Jamie, “It has to be someone who can work independently and take charge.”
It’s a skill not everyone has. Someone more seasoned is a better hire, especially in a remote-only role. I look for someone who knows more than me in a specific subject.
Megan, “I find the very best people who compliment my skill sets and make up for my deficiencies.”
Hire the person with more expertise, time, and experience to dive into a particular issue. Think about what the makeup of the team as a whole is, and how it interacts with the business.
How has your recruitment experience changed over the past few years?
15:32-19:13
Megan, “I take every single screening call across the board.”
By being deeply involved in the hiring process, I can suss out the risk profile, and cover it right off the bat without including the recruiting team.
Nishat, “The process of finding the right legal fit is really unique.”
Trying to find a creative lawyer is very hard. That’s the opposite of what we need at TED. We require careful editing and drafting, so we include a redlining exercise.
How do you get by in to hire a really expensive lawyer or a non-attorney?
19:13-21:49
Jamie, “I look at the strategy of the C-Suite, and work in line with their strategy.”
Understand the risks, and the area of expertise you need to handle that.
Megan, “We’ve relied on contractors and part-time resources as the canaries in the coal mine.”
When the outside hires are easily billing 40-50 hours a week, it’s time to bring that role in-house. By ruthlessly prioritizing, and communicating what can’t get done (due to the lack of current resources) you can put the decision in the hands of the C-Suite.
What’s worked for you in terms of finding really good talent?
21:49- 27:27
Jamie, “I rely on my network heavily.”
Relying on personal networks is good to find great hires, but you need a metric to check that. We use a practical assessment in the hiring process.
Megan, “Attitude is aptitude. Aptitude is the ability to be successful.”
Judging for aptitude can be hard in an interview but is better than ticking the box in subject matter and experience.
Nishat, “I enjoy finding things that are not typical.”
There are a lot of resources that don’t reflect authentic experience. You have to look into the person, not just the presentation. Having another person have a conversation with them can determine which hires fit best.
What do you think about the title for a first attorney hire?
29:25-30:56
Megan, “senior ex-counsel.”
Set the expectation that there’s a huge trajectory for growth, but don’t start with something high, it’s hard to downgrade a title.
Nishat, “We use associate counsel.”
It’s a big shift in the mindset to move in-house, so we start at the associate level. It depends on the level, and what you’re asking them to do.
Jamie, “The next hire is not going to be a second generalist.”
The next hire isn’t going to be a deputy or a VP. I’d have it as a senior counsel.
What would you suggest for someone looking to stand out who hasn’t gone to top law school or worked in a Big Law firm?
30:56-33:50
Jamie, “I didn’t go to a great law school. I didn’t work at a big firm.”
It’s all about perseverance, figuring out what your trajectory is, and what you need to do to get there.
Nishat, “Having informational interviews may be helpful.”
There are many types of in-house work. Learn about the roles and what the industry is like before you jump in. That way, hiring managers may keep your name and face in their back pocket.
Megan, “I think there’s value in being trained somewhere where someone has a dedicated ability to mentor.”
At a high growth company, we don’t have the time to hire someone without expertise. For a person looking to get into the industry, reach to bigger in-house legal departments that have the time and resources to show you the ropes.
What practical advice can you share about becoming a better manager?
34:45-39:00
Megan, “I’ve made a lot of mistakes.”
I deeply internalize my mistakes and learn how to correct them. I look to surround myself with people who have complementary strengths, so we can support the team more holistically.
Nishat, “Be critical about what you know, and what you don’t…and try to be better at it.”
Remove the barriers to having open communication, and build transparent relationships with those around you.
Jamie, “I am always open to self-improvement and feedback.”
I want to be an open door for feedback at any time, and not just at review time. If there’s an opportunity for growth in my colleague’s careers, I support that.
Have you dealt with pushback with the CEO when making a legal hire?
41:01-44:15
Megan, “It indicates there’s a why behind the what that needs to be explained.”
It’s not what the CEO is anchored on. They need to know why you need it now, yesterday, and 6 months from now.
Nishat, “They need to know before you need to ask.”
The trust and relationship you have with leadership are important. They need to be aware of the issues, and how they strategically affect the business.
Jamie, “Know your CEO and what is compelling to them.”
Knowing what moves them is very helpful.
What are you doing to retain talent in today’s environment?
44:20-46:40
Nishat, “I am not into retaining hires beyond what’s naturally good for their trajectory.”
It’s important to recognize that you should support talent and their journey.
Megan, “Money doesn’t keep people in jobs.”
It’s about fulfillment and that sense of community.
🤓 Loved this event and want to see more? Check out our upcoming events in March!
➕ Forging Inclusive Workspaces For Women In Law To Thrive featuring GCs from Compass, Illumina, and the NY Mets.
➕ Solo GCs: A Survival Guide featuring CEO (and 3x GC!) Sterling Miller.
Want to join our exclusive community of in-house leaders where you can network with like minded legal professionals and share best-practices? Apply here!
🤫 What to Expect in your first 3 Months as a Lawtrader
There’s a million reasons why someone might go solo. From moonlighting, to building that perfect work-life balance, to branching out in your career, the options are endless. Whatever your reason may be, you’ve chosen to go for it, and that’s commendable in itself.
We’ll be the first to say that the transition from a full time position to a freelance legal career doesn’t happen overnight. You’re used to the billable hours, going into the office, and of course the perceived stability and financial security that a traditional career brings.
The good news is that freelance life is incredibly versatile, and can be even more lucrative. You get to decide when you want to work, who you want to work with, and what you want to work on. Here’s what you should expect in your first three months as a Lawtrader. And, who better than to describe their experience, and share their most helpful tips than a Lawtrader herself.
Meet Sheilla! She’d been working with legal placement services on and off since 2000, and was incredibly underwhelmed by the positions that they were recruiting for. That’s when she met Lawtrades. After she joined the platform, she found the jobs were not only relevant to her experience, but paid great, and offered the opportunity to up-skill and utilize all of her varied experience. As a seasoned veteran, she knows the ins and outs of the industry.
Landing the First Engagement
Getting hired on that first engagement on Lawtrades is often thought of as the make-or-break of your Lawtrades journey. You are joining the platform to get hired after all. Thankfully, after you’ve built out your profile, the hardest part is over. As soon as your profile’s been approved, we recommend that you apply to 2-3 engagements that suit your interests and experience from the get-go.
Sheilla advises that you check the job postings on the site, as well as the ones delivered to your inbox. There are often things that may interest you that don’t hit your profile. If you don’t see something that suits your interests right away, don’t worry - we’re adding new engagements on a daily basis so something will pop up. And, when you do land that first engagement, getting hired for your second, third, and so on is that much easier. Clients love to see Lawtraders with experience under their belt.
Transitioning from an Engagement to a Contract
Oftentimes, our Lawtraders are using us as a stepping stone to land a more stable engagement. Just six weeks into Sheilla's first engagement, she ended up being hired on at a salary she was looking for and benefits that suited her. After a reorganization of the group, the fit was no longer right for either her or the company and they amicably parted ways. During that engagement, she picked up a part time assignment that soon transitioned to full time, with better pay, benefits and appreciation for what she brought to the table. Sheilla takes every engagement as a learning opportunity, and feels her first engagement set not only the company up for success in the future, but also a path for her to expand her talent.
Balancing Part-Time Gigs
There’s no shame in wanting to make a little extra cash on the side. In addition to her full-time gig, Sheilla loves picking up part time gigs to help out on a project-by-project basis. By picking up engagements that are project-oriented, she’s able to help out outside of traditional business hours, instead of being on the clock (or active on slack!). Pro tip: pick up part-time engagements you could do in your sleep (i.e. the ones that require little training and match your existing skill set).
In this way, she can easily juggle her full-time position as a priority, and keep the simple tasks for her part-time role. Keep in mind, you need to be open and honest with all parties involved. Have the confidentiality spiel in your back pocket, and make sure the higher-ups are aware of the working hours you’ll commit to. Sheilla’s best recommendation? Have two computers. That way, you can easily separate (and keep secure) one gig from the other.
Expanding your Skills
The diverse nature of our clients allows many Lawtraders to gain a wide breadth of experience under their belts. If you’re thinking of dipping your toes into another industry, you can use your experience from early engagements to pivot. That’s exactly how Sheilla ventured into the legal ops space.
“I have taken the opportunity to expand and hone my skills within the Legal Operations realm and have found this to be a hot area of focus for many companies. Setting a late stage start-up on the path to IPO readiness is something that really got me excited and stretched me by introducing me to new software and tools that I can use going forward.”
While not every opportunity on Lawtrades will match your current specs, there’s no harm in applying for positions you don’t meet the exact qualifications for. A good rule to abide by is the 75-25 rule. If you meet 75% of the qualifications, you can easily learn the other 25%. Sheilla recommends using LinkedIn Learning to verse yourself on any tech-related skills that may be required for the position. Better yet…need to learn how to use a new contracting or workflow software? Request a free trial from the company. By taking initiative to expand your skills prior to interviewing, you’ll increase your likelihood of getting hired, while also ensuring a smooth transition on the job.
Long-Term Success
After landing several engagements, Sheilla felt her experiences and opportunities for growth expanded rapidly. Her top tips? Apply to engagements often, and don’t be afraid to ask questions. Always be ready to learn as you go, pivot when necessary, and have confidence in your work. In the gig economy, it’s easy to undervalue yourself. If someone is not appreciating your value, there’s someone else that will. By keeping a positive, and forthcoming attitude, you’ll keep your priorities high, and the engagements will follow. Of course, don’t be afraid to have fun with it! By picking the freelance lifestyle, you’re choosing to keep your time in your own hands. Not to mention, you can work from anywhere (hello…beach?), and wave goodbye to the daily commute.
We couldn’t help but share her kind words...
“My experience with Lawtrades has been one of the best that I have had with an agency in so far as diversity of opportunities and the commitment to showcasing their talent. You are appreciated and valued by the team. Make the most of each assignment, you never know where it could lead.”
Starting your journey on Lawtrades is an enriching and rewarding experience. We’re so proud to be able to facilitate the transition to so many flexible, and fulfilling careers for our talent. If you have any questions, don't hesitate to reach out to our team!
🇪🇸 Spotlight on Talent: International Engagements
Alberto Hernández, Commercial Counsel, Lawtrades
Background
Meet Alberto! He’s representing Lawtrades’ international talent network out of Badajoz, Spain! His city borders Portugal, and the local language has been coined a mixture of both-“Portunish”. When growing up, he loved the series L.A. Law so much that when he attended college at the University of Extremadura, he choose to study law. Although Alberto’s first steps were focused on management in private companies, he soon found his place as an in-house lawyer and HR manager. When he made the leap to freelance law, he specialized in labor and corporate law. More recently, he’s turned his attention toward tech law, and is passionate about blockchain projects.
Path to Lawtrades
One day, our co-founder, Ashish connected with Alberto on LinkedIn after thinking he was a perfect fit to collaborate with one of our clients. He was curious, and gave it a shot. After many years working for others as an in-house lawyer, he realized he wanted to work for himself on his own terms, and with clients he really wanted to work with. He understood that he could do better than most of the external lawyers he had previously worked with. For Alberto, it was a natural evolution.
Success with Lawtrades
With Lawtrades, Alberto has broadened his scope of experience by working alongside companies from a variety of countries and industries. He finds it enriching as he’s able to learn about different cultures while practicing law.
“I take great pride in the fact that clients want to continue working with me after the first project and recommend me to their contacts. I have also had the opportunity to be involved in projects since their inception, and seeing them become a success is rewarding for me.”
Flexible Working Hours
Lawtrades has given Alberto the freedom to prioritize his family over the very time-consuming, and uninteresting work that comes alongside a traditional career. With his extra time, he enjoys surrounding himself with both family and friends, and loves going mountain biking 🚵♂️ .
Want to join our talented community just like Alberto did?
🤿 Sunday Deep Dive: The Cost of Legal Recruitment
Recruiting permanent legal staff can be a major headache. In a poll of 55 law firm CEOs and CFOs, more than half said that recruitment is a “high risk” to firm profitability, even as client demand and profits are on the rise. These concerns represent a paradigm shift in the talent landscape that gives associates a hefty bargaining chip- namely better salaries, bigger bonuses, and broadened flexibility.
Let’s dive into what makes hiring so pricy and what can be done to make it more economical.
The Context
While the the current employment environment proves beneficial to talent, it throws up several challenges for employers looking to recruit and retain top talent. And, in-house teams have not been left out of the struggle.
Where did all the lawyers go?
A record-breaking number of Americans quit their jobs in April. That record was broken again in July and then again in August in a trend economists are calling the ‘Great Resignation’. Job openings are sitting wide open…for months. After many firms instituted hiring freezes during lockdown, business leaders are seeing high growth in demand for legal services in most practice areas - which means high demand for legal staff. These trends have combined to create a “white hot [hiring] market” and made it more difficult and time consuming than ever to lure quality candidates.
Some companies are veering forward by trying to ride out the quitting wave, and the end of the Great Resignation itself. That’s not going to be feasible quite yet. While experts predict that we’ll experience the same inflated levels of resignations to continue throughout 2022, we’re not likely to see any great spikes. Because companies were forced to up their salary and benefit packages, employees hired over the past few months are less likely to leave. But that doesn’t mean this “era” is behind us. Others are considering it less of a trend, and more of a cultural realization where resignations are due to be expected until workplaces lay out more freedom, flexibility, and overall respect for the workforce. In an industry rooted in tradition like legal, that could take years.
The talent war
In response to competition, many Big Law firms upped starting associate salaries from $190k to $205k. Experts describe a “bidding war” for new recruits and senior associates can expect bonuses of $100k as firms fight to retain staff. Legal teams within high growth companies face the unique challenge of hiring in a market where law firms can offer higher salaries and base services… making it more difficult (and expensive) to hire permanent in-house legal staff.
But it’s not all doom and gloom…in-house positions tend to offer flexibility and benefits that Big Law never could (you can even forget the words “Billable hour!”). And, talent is picking up on it fast. While legal may be seen by some as a walking cost center, in-house pros reap the benefits of an improved work-life balance, an important both Millennials and Gen Z are demanding. In fact, more than 80% of Millennials seriously consider how a position will affect work-life balance, and 42% of Gen Z workers find it as a top priority when job searching. In-house teams are leveraging generous 401k matching and equity packages to entice more attorneys. Yes, competition is tough. But in-house teams have some cards up their sleeves!
What’s taking so long?
The script has been flipped: candidates are sitting on multiple job offers, while employers are now interviewing for the candidate. The wide expanse of open positions is only slowing the hiring process even further.
New hires don’t happen overnight. The average hiring process takes between 33 and 49 days, depending on the industry - and that’s just from the moment the candidate clicks ‘apply’. It seems to be taking longer and longer. Employers are offering more benefits than ever before and want to ensure candidates are worth it. Complex, multi-stage interviews, extensive background checks and managers with busy schedules all contribute to the delay. War stories of candidates sitting through 6 rounds of interviews, and enduring 3 hour written exams are not uncommon. In an industry where time means money, delays are bad news.
Going flexi
The joys of working from home have been revealed in the past 22 months and they weren’t lost on lawyers. The freedom to receive a package, collect your child from school and wear your slippers during the work day is difficult to give up. And let’s not forget all the free hours you gain when you skip the daily commute. People are leaving the cities in droves for a more affordable cost-of-living. The term ‘Digital Nomad’ has increased in popularity for those who have taken up the opportunity to make the most of life and travel the world, all while working remotely.
Many companies understand the importance of flexibility and are promoting hybrid, or even remote-first models- especially those in the tech sector. Apple, Meta, Microsoft, Coinbase, and (many!) more have transitioned to offer fully-remote roles. 90% of corporate legal department employees say they want more flexibility in where and when they work and more than half say they will quit if that’s not on offer. And quitting doesn’t mean leaving the profession completely. The growth of freelancing as an increasingly mainstream route threatens to poach legal talent from traditional employers. This puts additional pressure on firms looking to hire and adds a layer of complexity to the hiring process.
The Math
In such a challenging environment, it makes sense for employers to turn to traditional recruiters to help them find new staff. But traditional recruiters aren’t kind to the budget. Most charge a commission of 25-35% of the employee’s salary. For an entry-level counsel, that’s likely to be $30-50k while a VP on a $1M salary carries a recruitment fee of $150-250k.
That might sound like good value for money if your new recruit settles in, stays put for 30 years and brings in hefty billable hours. But statistics show that's often not the case. Approximately 20% of associates say they want to stay with their firm for less than 2 years. Of those, roughly 5-10% plan to stay for less than 12 months. Consider also that new members of a legal team take an average of 7 months to get settled into a role and recruiters fees start to look like a seriously pricey investment.
What’s Next?
The last couple of years have led to a change in the status quo when it comes to hiring. Marketplace models are thriving. They provide a convenient and efficient way to hire qualified talent quickly and economically....a win-win for everyone involved. And no, we aren't talking about the recruitment agencies of the 90s. Freelance marketplace Fiverr has nearly tripled its revenue since the pandemic and counts over 4 millionpeople on their talent network. What's more, marketplaces are also experiencing modernization. They're becoming automated and, in some cases, offer fully async means of hiring. Web3 is even making a break into this space. Companies like Braintrust are offering user-owned talent networks with an incentivized token system for talent and client referrals.
For an industry like legal, sourcing outside counsel is customary. The bloated fees and minimum engagements are long outdated. If you’re a growing business and you’re forking out hefty legal fees for day-to-day work freelancers are the perfect middle ground. Freelance contractors can take a load of stuff off your plate when your team is overwhelmed, and can be perfectly tailored to suit your changing needs. And they’re quick and easy to hire through platforms like Lawtrades.
📬 How to Master Async Working With your Remote Team
The way we work is changing. Freelancing is booming. New tools - like project management apps, AI assistants and the metaverse - are digitizing our workflow. And the majority of workers never want to go back to the 9 to 5, office-based model. As the workplace evolves, mastering async working will be essential to your team’s success.
What is async work?
Synchronous work is a bit like a football match. It involves multiple people engaged in the same thing simultaneously or communicating in real-time. That could mean an in-person brainstorming session around a table, a Zoom meeting to plan a project or even the expectation of an immediate answer to a question you’ve pinged across. It’s the kind of work that’s pretty easy to achieve if everyone works in the same office during set work hours.
Async (or asynchronous) work on the other hand involves collaborating on a task without engaging in it at the same time. It’s a bit more like having a jigsaw puzzle on the kitchen table, with people adding a few pieces whenever they come by. Chances are your team is already doing some async work, even if it’s not conscious. That could be drafting a document together using Google Docs, setting up a meeting using a calendar invite or sending questions to your colleague via email instead of picking up the phone.
Why is it beneficial?
Flexible working
According to a global survey, 90% of employees in corporate legal departments want more flexibility in both where and when they work. 54% say they’ll quit if they don’t get it. After a year where resignations hit record highs and firms battled to attract associates, it’s safe to say that employers should be taking those preferences seriously. ‘Flexible’ might mean taking a break to watch your daughter’s soccer match, spending a week working remotely from a Greek island or starting at 5 am so you can study in the afternoons. It might also involve working with a mix of full-timers, part-timers and freelancers. Async working makes it possible to collaborate even if every member of your team is on a different schedule.
Optimizing personal productivity
You may have noticed that you’re more productive at certain times of the day. A study of 500 thousand exams taken by university students found that they performed best at exams that started at 1:30pm. Another study found that 10:54 on a Monday morning is the perfect time to focus. Tim Cook, Richard Branson and several other hotshot business leaders claim that 4 or 5am is the magic hour.
Our circadian rhythms impact when we feel in the mood to focus and when we feel like resting- but our ‘focus hours’ are also affected by individual traits like genetics, social environment, diet and caffeine. In the UK, 36% of millennials say they feel most productive either before 9am or after 5pm which suggests that enforcing the traditional workday on all your staff is a bad idea.
If we want to maximize efficiency, we should tackle tasks that require deep focus at the time of day when we are most concentrated. Becoming fully immersed in what you’re doing is also good for your mental health and can leave you feeling motivated and fulfilled. But that’s impossible if your day is packed with meetings or you’re constantly interrupted by calls and notifications. Async working can help create space for periods of uninterrupted deep focus.
Cutting down on meetings
We’ve all had the experience of sitting in a meeting and thinking ‘When is he going to stop talking?’, ‘Why do I need to be here?’ or even ‘This could’ve been an email.’ In 2019, there were an estimated 55 million meetings per day in the US. Professionals attended around 15 meetings per week and executives spent 50-90% of their time in meetings. But, 70% of senior managers viewed meetings as unproductive.
There are lots of reasons why a meeting might waste time. Around half of employees surveyed say that meetings happen too frequently, are badly run, and too long. This may be because of Parkinson’s Law which says that work expands to fill its allotted time. If you schedule a 1-hour meeting, you’ll make it fill the hour, even if you’ve solved the problem after 42 minutes. Research shows that when people feel meetings are ineffective that feeling correlates with low job satisfaction.
Thankfully, there's another way to get things done. Most tasks that happen in meetings can happen asynchronously. For example, PowerPoint presentations can be viewed in your own time, tasks can be allocated using project management software and brainstorming can happen on a digital whiteboard.
Clarity, Transparency and Accountability
Email chains, workflow software and tools like Google Docs leave a trail. You can keep track of who was allocated a task or who made an edit and when it was done. This can make your workflow clearer and make it easier to pinpoint the source of a problem. Communicating asynchronously also gives you more time to reflect before you say things. Working in your own time gives you a sense of ownership over your work which can make you more invested and ultimately more satisfied.
Inclusivity
Nearly 2 million working moms considered downshifting or leaving the US workforce during the pandemic. While 79% of fathers felt efficient working from home, less than 40% of moms felt the same. Async working gives primary caregivers the freedom to work when it suits them and stick with their careers.
Async work is inclusive in other ways too. Video calls are great for Chatty Cathy but not so helpful for Introverted Ivanka. Async working takes the pressure off people with conditions like social anxiety and makes it easier for quiet team members to have their say.
How to become an async pro
Know when to go sync
Mastering async working doesn’t mean abandoning all synchronous work. The two should go hand-in-hand. Urgent or complicated matters may be better resolved with a phone call and sync teamwork can spark creativity and build relationships. It helps to know your team. You might have an extrovert who needs sync interaction to get fired up about a project. Or you might have a shy newbie who is too scared to ask for help when they need it. A video call might be good for both of them. Even before the pandemic, around 20% of people in the US and UK said they felt lonely often - so it’s worth bearing in mind the value of real-time human interaction.
Use the right tools
Like most tasks in life, async work is easier when you have the right tools. Here are some of the best ones:
- Google Docs for collaborative document drafting
- Digital whiteboards like Conceptboard and Whimsical
- Workflow software like Notion and Asana
- Slack for communication
- And Ironclad for contract management
Give your team time to focus and disconnect
You can set a few hours of the day when you need everyone to be online. The rest of the day, leave your team to work solo. Encourage staff to turn off notifications when they are not available on chat and schedule phone calls rather than ringing unannounced. Before calling a meeting, think about whether you really need one and keep it small. Take your team’s preferences into account before scheduling synced activities.
Changing habits is difficult and predominantly async workflow won’t be the right fit for every team. But there’s a reason that so many people are adopting this way of working. Burnout is a major threat and people are leaving their jobs in record numbers. Now more than ever we have to nurture our work-life balance and create space for flexibility. Async work could be the answer.
At Lawtrades, it’s never been easier to go async. We house a fully integrated ecosystem that allows you to interview, message, and check real-time work, & spend updates as soon as your engagement is started.
💻 How to leverage tech for your best work-life balance
The pandemic may have accelerated a welcome shift towards flexible and remote working but not all the changes have been so positive. The US and several other nations have seen the average workday increase by 2.5 hours. That’s pretty scary given that long hours were already killing 745,000 workers a year before the pandemic.
Whether lockdown saw you working in the living room while homeschooling the kids or nipping into the study to clear emails on a dull weekend, it’s been harder than ever to maintain our boundaries. We fantasized about switching our commutes for sleeping in and yoga but ended up squeezing in more meetings. Without chats by the coffee machine and walks between meeting venues, we’re spending more time in our chairs and at our screens. There is even evidence that all that extra screen time has led to widespread eyesight deterioration.
All around the world, people are looking at ways to improve their work-life balance. Portugal banned bosses from getting in touch with staff after hours. In the UK, 30 companies are trying out a 4 day work week in the hope that employees can get the same amount done in less time.
Other recommendations include asking for help when you need it and taking regular breaks. Technology has helped us get into this mess but maybe it can get us out of it too. Here’s our guide to the best tech solutions that could help you improve your work-life balance.
Get it done
How can you protect your personal time? One way to do it is to make your working hours as productive as possible. Luckily there are loads of apps that can help you do just that.
Todoist is an app that puts all your to-do lists in one place, helps you prioritize and delegate tasks and keeps track of your progress on different projects. It integrates with other platforms like Gmail, Amazon Alexa, and Slack. You can see work meetings alongside vet appointments and daily meditation goals.
Be Focused is an app that uses a popular time management technique called the Pomodoro Method. The technique involves focusing on a task for 25 minutes then taking a short break. The idea is that you work long enough to get stuff done but not long enough to get distracted. The app helps you manage these work intervals to maximise your productivity.
Clockify is another useful tool. The app features a time tracker. This is ideal for anyone who charges by the hour but it can also boost productivity. Knowing how long it takes you to go through your emails or type up a report means you can schedule realistically. It also tracks which websites you use so you can see just how much time you wasted scrolling through Twitter or watching cat videos on Youtube.
Cut it out
40% of workers say they check their social media intermittently throughout the day. It’s easy to get in the habit of mindlessly cycling through the apps - email, social media, news, email, social media. After all, these apps are designed to be addictive.
Forest is an app that tackles this. When you are ready to start a task you plant a seed and a tree starts to grow. If you navigate away from the app before your timer is up, the tree dies! It’s surprisingly motivating.
If you need to navigate between apps and websites while you’re working, a tool that might suit you better is Freedom. It works by blocking or rationing time on distracting websites and apps. You can choose what to block and when. Focusme has similar features. It also allows you to block sites and apps automatically when you are in certain locations, like the office or library, and it has a ‘Force Mode’ that prevents you from changing your mind.
If emails are your biggest distraction, you can try this simple fix. Set specific times of day when you check your inbox and include them in your email signature. You could say, for example, “I check my inbox between 11am and 4pm.”
Cutting out distractions during the workday is important but so is cutting out work-related notifications during your personal time. If you use Apple devices, you can set upcustomised Focus and Personal modes that allow you to block personal notifications at work and block work-related notifications on the weekend. Windows has a similar feature called Quiet Hours.
Automate
Another way to save time and energy is to automate tasks.
Grammarly is an online writing assistant that proofreads your emails and documents in real-time. It picks up grammatical errors and more complex things like poor style or tone. It’s perfect for anyone in the habit of writing overly long sentences and saves time on Googling things like whether you should use ‘affect’ or ‘effect’.
The average worker spends 2.5 hours a day dealing with emails. Boomerang features an AI tool that helps you write good emails, a tool for scheduling emails to be sent later and an inbox management tool.
If you’re tech-savvy you can explore Windows Task Scheduler which allows you to schedule custom tasks. That could be opening up all the tabs you need in your web browser every morning, sending routine emails like weekly reports or posting on Linkedin.
You can also keep an eye out for Amy and Andrew. This AI solution is still in development but the entrepreneur developing these virtual assistants say they will be able to schedule meetings automatically, without any back and forth between parties.
Take a moment
Improving your work-life balance is not all about efficiency, discipline and organization. It’s also about disconnecting mentally and keeping your mind healthy…after all, it’ll only boost your productivity in the long run. Luckily, there are several apps that can help you do this.
Mindfulness and meditation app Headspace uses science-backed techniques to help you manage stress and develop healthy habits. Moodfit is designed to help you track and manage your moods. Happyify aims to up your happiness score. And if you need more than self-help techniques, Headspace Health can connect you to a professional therapist.
The changes the pandemic brought to work culture as a whole are here to stay. The digital world looks set to envelop more and more of our lives as web3 and the metaverse hit center stage. By taking charge of your work-life balance (and respecting your personal time) now, you’ll be better prepared to protect your health, optimize your productivity and keep up with the never-ending changes in an ever more digitized world.
Leverage Lawtrades the next time you’re looking to source outside counsel. By vetting candidates, providing real time work & spend updates, and automating billing- it’s never been easier (and faster!) to hire.
🔦 Meet Aaron: The Lawtrades Team
Aaron is our newest team member here at Lawtrades as one of our Senior Account Executives. Born in Southern California, but Based in Texas, he brings over 10 years’ experience in the sales industry, having previously worked at companies like Totpal and Flexport. Let’s get to know him a little better!
Can you share two interesting facts about yourself?
Left Silicon Valley in 2017 to live on acreage in rural Texas, and now I own a tractor, raise goats, and my internet 👏 is 100x faster than the city.
How do you like to spend your weekends?
Making music with friends, singing karaoke, and landscaping.
What is the most unconventional job you ever had?
I wrote and recorded a radio jingle for a hydroponics store in Northern California
Why did you choose to join Lawtrades?
It seems like a home run opportunity to me! It reminds me of the early days of Toptal, before there were 10+ well funded players in the space. We can take this industry by storm.
Rob and I worked together at Toptal, and he had nothing but great things to say about the team and the company. That got me through the door, and everyone I interviewed with at Lawtrades came off as real and authentic, ambitious and driven to build this company into a success.
What are your primary responsibilities?
Building an outbound sales engine, developing processes to revitalize old and cold leads, and closing deals.
What are you most looking forward to in this position?
Applying lessons learned from past marketplace platform experience in an industry that is full of growth potential and underserved by the incumbent ALSPs.
Where do you think you help the most in this position?
Sales processes, client experience optimization, and outbound outreach.
Want to join a team of innovative thinkers helping legal professionals thrive in the internet economy?
🔦 Meet The Team: Lillian
Can you share two interesting facts about yourself?
I’m a self proclaimed foodie, and love both cooking and baking. I’m currently in the process of mastering all things cookies, and perfecting my house rye bread.
How do you like to spend your weekends?
A typical weekend is spent running by the lake, visiting new coffee shops with my boyfriend, cooking, and of course…playing with my cat Bennie 😻.
What is the most unconventional job you ever had?
While not unconventional atm, I hope one day (soon 🙏) it will be. I oversaw a Covid testing site when I was at University. It was actually really fun, besides all the saliva (thanks PCR) because I was able to work alongside a bunch of my friends.
Why did you choose to join Lawtrades?
I chose to join Lawtrades because I was looking for an opportunity to jumpstart my career with a high-growth company where I knew the work I was doing would have an impact. When I connected with the team, I quickly understood the passion and rigor our founders had, and knew I wanted to be a part of that.
What are your primary responsibilities?
I am responsible for managing our social platforms, and providing amazing content for our community.
What are you most looking forward to in this position?
Ever since I joined Lawtrades, I have witnessed a tremendous amount of growth for the company as a whole, but also myself individually. I am so excited to see how far this growth will expand in 2022.
Where do you think you help the most in this position?
By understanding the needs of both our clients and talent, and providing invigorating content that will both engage and entertain them.
🤿 Sunday Deep Dive: Three Reasons Why Solo Lawyers are Stealing Business from Big Firms
Solo lawyers are disrupting the legal services industry. The ‘lawyer-on-demand’ sector currently represents roughly 1% of the industry but it’s growing fast. That figure is forecast to rise to 10% by 2025. Alternative legal services, such as freelancing platforms, are now used by close to 80% of law firms and 70% of corporate law departments. It’s part of a broader trend towards freelancing. One survey found that 10 millionAmericans (20% of all employees) are considering doing freelance work.
Here are 3 reasons why everybody's going solo.
Value for money
Probably the most obvious benefit of hiring a solo lawyer is the cost saving. The average hourly billable rate for lawyers is around $300. Of course, fees vary depending on the area of law and the seniority of the lawyer (partners at top firms can charge well over $1000/hour) but solo lawyers tend to charge less than firms. Lawtrades average hourly rate, for example, is only $150-200.
Law firms charge you way more per hour than what they pay their lawyers. So where does the rest of your money go? At least some of it pays for shiny offices and big profits. When you hire a solo lawyer, you only pay for what matters: the lawyer’s time - and maybe a recruiter or freelance platform fee.
Plus, you’ll only pay a freelancer for as long as you need them whereas hiring a new full time lawyer is a commitment to ongoing overheads like salary, insurance and office space.
In most US jurisdictions, law firms are allowed to charge clients the market value for legal services, even if they outsource the work to a solo lawyer who charges below market value. That means outsourcing can bring in a profit.
It may take time and resources to get freelancers up to speed with your team and what you’re working on, but, even with that cost built in, freelancers are likely to save you money. And who wouldn’t want that?
Qualified and experienced candidates
Part of the appeal of traditional law firms is that they only hire candidates with top marks from top tier universities. Besides the fact that these firms are missing out on all the benefits of building a diverse workforce, companies are starting to realize that there are other ways to gain access to quality talent.
Freelancing platforms are one of them. The benefits of the freelance lifestyle are attracting experienced legal professionals to opt out of the traditional work model. Platforms make freelancing even more appealing by offering lawyers the perks and securities of a traditional workplace, like malpractice insurance, 401k, and even gym memberships or co-working spaces. They also make it easy for companies to connect with talent.
Platforms have access to a large and diverse pool of pre-vetted lawyers which means they can match clients with the right person for a specific job. This is especially important for work that requires specialist knowledge. The nature of freelancing means that clients are not restricted by geography, even if the ideal candidate lives in Timbuktu.
Law firms may offer employees (and clients) prestige and bragging rights but by 2025, 75% of the workforce will be millennials. Research tells us that 95% of millennials rank work-life balance as a top priority when job hunting. And according to a survey, 78% of lawyers working for firms in the US would choose flexible working over a 10% raise. It seems likely that more and more lawyers will be taking the solo route. And it only makes sense that the best and brightest talent will be among them.
Flexibility and efficiency
Solo lawyers can step in to complete short-term, high-volume projects that would otherwise eat into the time of in-house staff. This is far more efficient than hiring a permanent employee or disrupting the day to day work of a staff member. Low value or routine tasks (like large document reviews, compliance and contract life cycle management) and even more complex tasks (like drafting and legal research) needn’t always be performed by highly experienced staffers. Solo lawyers who specialize in routine tasks can often complete them more quickly.
Hiring solo lawyers allows companies to be adaptive to changes in workload and to mix and match specialist knowledge at their disposal. Since the start of the pandemic there has been a surge in mergers and acquisitions and capital markets activity. Companies could adapt to this change in the demand by temporarily expanding teams that deal with those kinds of matters. They can also take on niche projects they wouldn’t otherwise have the capital to complete. This is especially useful for small law firms which have a limited offering but want to offer existing clients the full package.
What’s more? Freelancers can be integrated into an in-house team which means companies can retain ownership of a project in a way that isn’t possible when outsourcing a project to a law firm.
Using freelancers to maximize efficiency and adaptability has been de rigueur in other professions for decades but the legal industry has been slow off the mark. Critics warn that the industry must abandon old-fashioned work structures before it gets left behind.
If you want top legal talent that works around your changing needs at a good price- then it’s time to go solo. A platform like Lawtrades is the best place to start.