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	<title>Swan Legal Search</title>
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	<link>http://swanlegalsearch.com</link>
	<description>Attorneys Helping Attorneys</description>
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		<title>How To Recover Your Client&#8217;s Fair Share &#8211; Part I: Negotiate a Better Contract</title>
		<link>http://swanlegalsearch.com/2010/09/07/how-to-recover-your-clients-fair-share-part-i-negotiate-a-better-contract/</link>
		<comments>http://swanlegalsearch.com/2010/09/07/how-to-recover-your-clients-fair-share-part-i-negotiate-a-better-contract/#comments</comments>
		<pubDate>Wed, 08 Sep 2010 03:32:07 +0000</pubDate>
		<dc:creator>swan</dc:creator>
				<category><![CDATA[Contract negotiations]]></category>
		<category><![CDATA[For lawyers]]></category>

		<guid isPermaLink="false">http://swanlegalsearch.com/?p=210</guid>
		<description><![CDATA[It&#8217;s that time again!  We present a different point of view for you, the California attorney.  This week, we invited royalty auditor, Cedar Boschan, to talk a little bit about something we all care about &#8212; getting more money for our clients.  Have questions that this post doesn&#8217;t cover?  Contact us!  We&#8217;ll be happy to [...]]]></description>
			<content:encoded><![CDATA[<p><em>It&#8217;s that time again!  We present a different point of view for you, the California attorney.  This week, we invited royalty auditor, Cedar Boschan, to talk a little bit about something we all care about &#8212; getting more money for our clients.  Have questions that this post doesn&#8217;t cover?  <a title="los angeles legal recruiters" href="http://swanlegal.com/contact.htm" target="_blank">Contact us</a>!  We&#8217;ll be happy to help. </em></p>
<p>Ramping up your entertainment or IP practice?  Looking for a way to differentiate yourself in the job market?  Do you want to transform the trajectory of your career and become a power player?   <a href="http://auditrix.blogspot.com/2010/08/steal-this-trick-from-power-attorneys.html">Take a page from the rulebook of entertainment attorneys</a>: Secure a bigger share for clients and build an elite reputation and a loyal clientele.  No matter what your area of practice, getting more money for your clients will always be appreciated.  Although I’m a royalty auditor, and therefore, I work with entertainment attorneys in particular, the rules are the same for all types of practices.  Negotiating better contingent compensation provisions is the first key to helping you recover more money for your clients.</p>
<p>When it comes to negotiating accounting provisions, consult with a <a href="http://auditrix.blogspot.com/2010/08/steal-this-trick-from-power-attorneys.html">trusted royalty auditor</a> as you red-line definitions and provisions related to royalty calculations, accounting due dates, objections and audit clauses.  Such a consultant can offer insights regarding royalty and profit participation calculation and accounting provisions.  Here are some additional points that she can help you navigate:</p>
<ol>
<li>Clear      and Simple Definitions of Contractual Terms &#8211; A licensee will not account      correctly to your clients when its staff cannot understand the accounting      provisions.  Inviting an accountant to weigh-in on definitions,      especially those relating to Net Sales, Gross Sales, or Adjusted Gross      Revenue (including any deductions or other amounts that can be charged to      your client) is key to your understanding of how the language you draft      may be interpreted.</li>
<li>Objections      and audit periods – Recently, an attorney asked me why I focused on the      objections clause in his client’s accounting provision &#8211; instead of the      audit clause &#8211; to determine the period subject to our client’s royalty      compliance audit.  In fact, there is little point in auditing      anything to which the client no longer has a right to object.  This      particular client’s objection provision was not favorable.  It stated      something along the lines of “Statements of account will be binding unless      your written objection is received within two years of the date that the      statement is due.  Such written objection must cite the specific      basis therefore.”  This clause potentially requires us to issue an      audit report before we conduct an audit of a two year period.  The      bottom line is: many attorneys do not realize that the objection clause      may limit the audit period.  Thus, the longer the objection period,      the better it is for the licensor or creator of the subject material (four      years is better than two).</li>
<li>Applicable      laws – Laws vary by state and territory, so it is important to appreciate      the impact that local laws can have on the contract you are      negotiating.  For instance, if a recording contract is subject to      California state law, your artist client may have audit rights pursuant to      state law, regardless of the terms of the contract.  Applicable state      laws may also have this can impact an auditor’s calculations of interest      due, foreign tax withholding and other claims.  Further, in the event      of a dispute, you may wish to ensure that the contract is subject to US      law and not that of another territory.</li>
<li>Not      all audit clauses are created equal, but they can be some of the      provisions that require the least negotiating leverage to change.       Here are some important points to consider when negotiating an audit      clause</li>
</ol>
<p>a. Scope       of the audit (can an auditor review manufacturing and digital       distribution agreements and records, or   just “sales” records)?  This       can make an enormous impact on the audit procedures and results.</p>
<p>b. Who       will pay for the audit?  When representing licensors, I suggest       including a clause that requires the licensee to pay for an audit that       discloses an underpayment.  This is standard in many industries, but       less common in the entertainment industry.</p>
<p>c. Who       can conduct an audit?  Many audit clauses require an independent CPA       to conduct an audit, even though an author may be better off hiring an       experienced auditor who may or may not be a CPA or an attorney – and who       will focus on finding underpayments to the client , not over-payments (so strike       “independent” as well as “CPA” if possible). Since my firm has both CPA       and non-CPA auditors, so this isn’t usually a problem for us.  Also,       some audit clauses require than the auditor not be engaged on a       contingency basis. Although most reputable auditors work on an hourly,       not contingency basis, times are changing and if I were a creator or       licensor, I would not want any restrictions on who I can hire and on what       basis.</p>
<p>The above may help transactional attorneys negotiate a more favorable agreement for their clients, in order to lay the groundwork for maximizing profits down the road. Unfortunately, as we will learn in part two of this three-part series, having a great contract is not enough.</p>
<p>Next week we will cover how to enforce compliance, which is something that can be done even if you have a lousy contract with which to work.  Both transactional attorneys and litigators can gain a lot by reading about compliance enforcement from an auditor’s perspective, so please check in next week for “How To Recover Your Client&#8217;s Fair Share Part II: Enforce Licensee Compliance.”</p>
<p>In the meantime, do you have any experiences to share about audit or accounting provisions?  Confess: Do you usually go with boilerplate language proposed by the other side, or do you spend a lot of time negotiating these points?  Do you have questions about any of the terms frequently found in accounting provisions?  Have you worked with an auditor to negotiate contingent compensation matters?  Let us know!</p>
<p><em>Cedar Boschan’s royalty audit firm </em><a href="http://www.royaltyauditors.com/"><em>Hurewitz, Boschan &amp; Co. LLP</em></a><em> serves those with intellectual property rights interests.  The firm focuses on royalty, participation and other contract compliance audit consulting services. It also provide litigation support (such as damage theories and expert witness testimony), administration and statement preparation, and forensic investigations.</em> <em>Cedar can be reached at </em><a href="mailto:boschan@royaltyauditors.com"><em>boschan@royaltyauditors.com</em></a><em> or (310) 882-6381.  You can also follow her tweets about music business news on </em><a href="http://twitter.com/auditrix"><em>Twitter</em></a><em>.</em></p>
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		<title>Building business in spite of the other partners</title>
		<link>http://swanlegalsearch.com/2010/08/17/marketing-in-spite-of-the-other-partners/</link>
		<comments>http://swanlegalsearch.com/2010/08/17/marketing-in-spite-of-the-other-partners/#comments</comments>
		<pubDate>Tue, 17 Aug 2010 16:00:27 +0000</pubDate>
		<dc:creator>swan</dc:creator>
				<category><![CDATA[Client Development Tips]]></category>
		<category><![CDATA[For lawyers]]></category>
		<category><![CDATA[bringing business to the law firm]]></category>
		<category><![CDATA[building a book of business for lawyers]]></category>
		<category><![CDATA[marketing for lawyers]]></category>

		<guid isPermaLink="false">http://swanlegalsearch.com/?p=206</guid>
		<description><![CDATA[It’s true.  Not every attorney “gets” marketing and self-promotion.  Those attorneys who do are usually not thrilled about putting them into action.  It isn’t why you signed up to be a lawyer, but it needs to be done.  So, how do you get started when you know it must be done and the other partners [...]]]></description>
			<content:encoded><![CDATA[<p>It’s true.  Not every attorney “gets” marketing and self-promotion.  Those attorneys who do are usually not thrilled about putting them into action.  It isn’t why you signed up to be a lawyer, but it needs to be done.  So, how do you get started when you know it must be done and the other partners are reluctant (or downright refuse) to help and support you?  Great question!</p>
<p><strong>Start slowly </strong></p>
<p>Start with small things that you know how to do without a huge learning curve.  One day at a time.  Check out<a title="building a book of business for lawyers" href="http://swanlegalsearch.com/2010/01/28/marketing-yourself-bringing-cases-and-increasing-your-value-part-one/" target="_blank"> our step by step process</a> of how to market yourself and generate revenue.  This way, you can start marketing without outside financial help.  Also, you’ll probably do these things so quickly that no one will realize you’re not doing your “real” job of helping clients.</p>
<p><strong>Keep track of your progress </strong></p>
<p>Keep a marketing journal of everything you do and the date on which you did them.  After several weeks, you’ll begin to see some results, and you want to know which of your efforts actually produced the results.  No sense wasting time on things that don’t work.   You want to concentrate on things that help grow your book of business.</p>
<p>After you start seeing results, it’s time to put them into a report and show the partners.  You can prove to them that your efforts are working.  You’ll be amazed how quickly their attitudes change when they see how much money marketing and networking can bring in to the firm!</p>
<p><strong>Be persistent </strong></p>
<p>It’s true that marketing doesn’t always result in immediate success.  Sometimes, your efforts will take awhile to show results.  That’s OK.  Since you’re tracking progress, you’ll appreciate the little steps and you can see what is working and what isn’t.  Stick to a schedule and treat marketing like it’s a second part of your job.  You will see results eventually.  Make sure you give your efforts enough time to reap rewards!</p>
<p>Need more help?  <a title="los angeles legal recruiters" href="http://swanlegal.com/contact.htm" target="_blank">Contact us</a>!  We know that bringing business can be overwhelming, and we&#8217;re here to help!</p>
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		<title>Making yourself irreplaceable at the law firm</title>
		<link>http://swanlegalsearch.com/2010/08/10/making-yourself-irreplaceable-at-the-law-firm/</link>
		<comments>http://swanlegalsearch.com/2010/08/10/making-yourself-irreplaceable-at-the-law-firm/#comments</comments>
		<pubDate>Tue, 10 Aug 2010 15:33:01 +0000</pubDate>
		<dc:creator>swan</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://swanlegalsearch.com/?p=199</guid>
		<description><![CDATA[You’ve been at a firm for 5 years, 10 years, 20 years.  Things seem to be moving along just fine.  You’ve got a decent office, a secretary, a paralegal and an associate or two.  Think you’re irreplaceable in the firm?  Can someone else do your job and cost the firm less?  Do you generate business [...]]]></description>
			<content:encoded><![CDATA[<p>You’ve been at a firm for 5 years, 10 years, 20 years.  Things seem to be moving along just fine.  You’ve got a decent office, a secretary, a paralegal and an associate or two.  Think you’re irreplaceable in the firm?  Can someone else do your job and cost the firm less?  Do you generate business for the firm?</p>
<p>The truth can be scary.  With the legal industry implementing hiring freezes and <a title="law firm layoffs" href="http://lawshucks.com/layoff-tracker/" target="_blank">thousands of layoffs</a>, there is certainly some concern about the future of legal careers.  Many people in your position have been laid off and are looking for new work.  How can you make sure you’re not one of them?  Building your resume, generating business and proving your worth are the things every lawyer must do to ensure employment.</p>
<p><strong>Building your resume</strong></p>
<p>We’ve talked about this <a title="resume tips for lawyers" href="http://swanlegalsearch.com/2010/07/05/resume-tips-for-attorneys/" target="_blank">in previous posts</a>, but it’s very important for all lawyers – regardless of the experience level.  And, consider this:  Building your resume increases the firm’s resume.  What partner wouldn’t want to say they hired the “West Coast’s leading expert on _______”?  At the point you become known within the legal community, your talent and expertise becomes a selling point for the firm.</p>
<p><strong>Tooting your own horn</strong></p>
<p>This can be tough for attorneys.  Typically, we’re not sales people at heart; and it’s very difficult for most people to brag.  However, when you’re in a competitive work environment, bragging can mean survival.  Make sure that your clients, your co-workers and the firm’s marketing department know about your successes.  If you’re chosen for an award or if you write an article, make sure to include this on your resume and ask the marketing department to write a quick press release.</p>
<p>Don’t forget to share your trial victories and speeches with your <a title="Linkedin.com" href="http://www.linkedin.com/nhome/" target="_blank">LinkedIn</a> connections, as well.  Everyone wants to be associated with a “winner.”  The more you let people know about your successes, the more success you’ll have.</p>
<p><strong>Generating business</strong></p>
<p>Obviously, this is one of the most important skills any attorney can learn.   An <a title="building a book of business for lawyers" href="http://swanlegalsearch.com/2010/01/28/marketing-yourself-bringing-cases-and-increasing-your-value-part-one/" target="_blank">attorney who aggressively works to bring new clients</a> to the firm is someone who simply cannot be replaced.  These “rainmakers” are the most vital part of any firm.  They are the people who “keep the lights on” and no equity partner wants to disrupt that type of success.</p>
<p>The days of simply showing up at work and putting in your time is no longer the key to longevity.  You have to go the extra mile to make sure that you are irreplaceable in the firm.</p>
<p>Questions about how you can become irreplaceable?  Don’t hesitate to <a title="los angeles legal recruiters" href="http://swanlegal.com/contact.htm" target="_blank">contact us</a>!</p>
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		<title>The Attorney-Client Privilege and Former Employees</title>
		<link>http://swanlegalsearch.com/2010/07/28/the-attorney-client-privilege-and-former-employees/</link>
		<comments>http://swanlegalsearch.com/2010/07/28/the-attorney-client-privilege-and-former-employees/#comments</comments>
		<pubDate>Thu, 29 Jul 2010 04:51:03 +0000</pubDate>
		<dc:creator>swan</dc:creator>
				<category><![CDATA[For lawyers]]></category>
		<category><![CDATA[attorney-client privilege]]></category>
		<category><![CDATA[lawyer education]]></category>

		<guid isPermaLink="false">http://swanlegalsearch.com/?p=194</guid>
		<description><![CDATA[We&#8217;re so thrilled to have another guest post!  This week, Daniel Herling, an attorney at Keller &#38; Heckman, LLP, in San Francisco, shares a little of his insight on a sticky situation for most attorneys:  the attorney-client privilege.  No matter where you are in your career, a thorough understanding of this privilege is crucial. 
The [...]]]></description>
			<content:encoded><![CDATA[<p><em>We&#8217;re so thrilled to have another guest post!  This week, <a title="attorney daniel herling" href="http://www.khlaw.com/Daniel-Herling" target="_blank">Daniel Herling,</a> an attorney at <a title="san francisco law firm" href="http://www.khlaw.com/index.aspx" target="_blank">Keller &amp; Heckman</a>, LLP, in San Francisco, shares a little of his insight on a sticky situation for most attorneys:  the attorney-client privilege.  No matter where you are in your career, a thorough understanding of this privilege is crucial. </em></p>
<p>The relationship between counsel hired to represent a corporation in litigation and a former employee who is being deposed raises several issues.  Are counsel&#8217;s communications with that former employee  protected by the attorney-client privilege?  As with most things in life, the answer is: it depends.</p>
<p>In general, to determine whether a communication is privileged the party claiming attorney-client privilege must show, among other things, that &#8220;[t]he asserted holder of the privilege is or sought to become a client.&#8221; <em>Id.</em> The attorney-client privilege has been applied to corporate counsel communications with current employees in specific instances. <em>See Upjohn Co. v. United States</em>, 449 U.S. 383 (1981).</p>
<p>In <em>In re: Flonase Antitrust Litigation</em>, No. 2:08-cv-03301-AB, 2010 WL 2649923, at *2 (E.D. Pa. June 30, 2010), plaintiffs sought to compel Ms. Bowers, a former employee of defendant GlaxoSmithKline (&#8221;GSK&#8221;), to answer questions about her communications with GSK&#8217;s counsel during recesses at her deposition. The court, applying Pennsylvania law, found that the communications between Ms. Bowers and GSK&#8217;s counsel were protected by the attorney-client privilege and refused plaintiffs&#8217; request. The court found that Ms. Bowers&#8217; communications with GSK&#8217;s counsel were protected because her &#8220;testimony concerned matters within the scope of her former responsibilities with defendant corporation and because her conversations with defense counsel may be relevant to defendant&#8217;s legal strategy.&#8221; <em>In re: Flonase</em>, 2010 WL 2649923 at * 2.</p>
<p>Although many courts have protected &#8220;communications between a corporate client and the client&#8217;s former employees,&#8221; <em>In re: Flonase</em>, 2010 WL 2649923 at * 2, they have not universally done so. For instance, a federal court in California, applying California law, came to the exact opposite conclusion when it held that a former employee&#8217;s communications to the corporation&#8217;s attorney were not protected by the attorney-client privilege as communications by the corporation to its attorney. <em>Connolly Data Sys., Inc., v. Victor Technologies, Inc.,</em> 114 F.R.D. 89, 94 (S.D. Cal. 1987). The court reached its conclusion because the former employee: (1) was not &#8220;the natural person to speak for corporation;&#8221; (2) was not required to speak to the corporation&#8217;s attorney; and (3) was not the only one with knowledge of the matters at issue. <em>Id.</em></p>
<p>Representing former employees individually may create conflicts issues for attorneys. Although the court&#8217;s order suggests that at least in Pennsylvania the need to represent former employees individually may be obviated, lawyers and the companies who employ them should be careful to avoid treating this court&#8217;s finding as a bright line rule.</p>
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		<title>Building a book no matter what your experience level</title>
		<link>http://swanlegalsearch.com/2010/07/26/building-a-book-no-matter-what-your-experience-level/</link>
		<comments>http://swanlegalsearch.com/2010/07/26/building-a-book-no-matter-what-your-experience-level/#comments</comments>
		<pubDate>Tue, 27 Jul 2010 01:29:26 +0000</pubDate>
		<dc:creator>swan</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://swanlegalsearch.com/?p=190</guid>
		<description><![CDATA[Building a book of business and generating revenue for the firm is incredibly important to you as a lawyer.  No matter what your experience level, no matter what your practice area, no matter where you are located &#8211;  it’s crucial.   So now that we’ve gotten the obvious out of the way, what about the not-so-obvious:  [...]]]></description>
			<content:encoded><![CDATA[<p>Building a book of business and <a title="legal marketing " href="http://swanlegalsearch.com/2010/01/28/marketing-yourself-bringing-cases-and-increasing-your-value-part-one/" target="_blank">generating revenue</a> for the firm is incredibly important to you as a lawyer.  No matter what your experience level, no matter what your practice area, no matter where you are located &#8211;  it’s crucial.   So now that we’ve gotten the obvious out of the way, what about the not-so-obvious:  how do you build a book of business?  Generating revenue is not easy, but it’s possible with a lot of tenacity and patience.</p>
<p><strong>Associate tips</strong></p>
<p>If you have less than 10 or 12 years of experience, building a book of business may be a little tougher; but, time is on your side.  Many firms don’t expect you to have a large book at this point in the game.  (All the better for you when you surprise them with client relationships you cultivated!)</p>
<p><strong>Network, network, network</strong></p>
<p>The three most dreaded, but most important, words for any attorney.  If you want business, you have to get out there and meet people.  No matter what type of law you practice, you need to make connections with people in order to start generating revenue.  Each time you leave the office is an opportunity to meet a potential client.  Work on your elevator pitch, hand out business cards and attend social functions as often as you can.  The more people you meet, the more chances you have to start building a book.  It’s a numbers game, and you’ve got to play!</p>
<p><strong>Build relationships with current clients</strong></p>
<p>Repeat clients are the cornerstone for nearly every type of business, and the law is no exception.  If you are working closely with a client now, start building a relationship with that person.  In a few years, he/she may need your services again, and you’ll be the person to get the call.  Remember, clients are in business with attorneys, not with a law firm.  They want someone at the firm who understands their case and knows them as a person.</p>
<p><strong>Work in conjunction with senior attorneys</strong></p>
<p>Nothing beats having a mentor.  Many of the senior attorneys in your firm will have experience bringing new cases.  Ask them questions and go with them to client lunches.  Learn from someone who has already figured out the best way to get new clients and generate revenue.  No need to reinvent the wheel!</p>
<p><strong>Partner tips</strong></p>
<p>As a partner, you know the importance of generating revenue at the firm.  You’ve probably already followed the advice given to the associates, above.  However, you may not know how to build your book from here.  Maybe you’ve hit a wall or need some inspiration about new ways to get clients.   As always, we’re here to help!</p>
<p><strong>Be responsive</strong></p>
<p>Nothing is more annoying than calling an attorney and getting voice mail.  Be available to answer phone calls and emails.  Timeliness of your responses will be one of the major things that sets you apart from another lawyer.  Believe me when I tell you – if you don’t answer the phone another attorney will.   Make a goal for yourself:  one hour responses to all emails and 30 minute responses to phone calls.  With Blackberries and iPhones everywhere, this should be no problem.  (And, if you don’t have either a Blackberry or an iPhone, stop reading this, get in your car and go buy one!  They are crucial to your success!)</p>
<p><strong>Reach out to family and friends</strong></p>
<p>You’ve done the work parties, legal events, seminars and conferences.  What else?  Send out an email to your friends and family and let them know that you’re looking for new clients.  Although everyone will know that you’re an attorney, many non-lawyers don’t understand exactly what you do or with whom you work.  If you are specific in your email, you’ll definitely get a response.  The email should read something like this:  <em>Dear ______, I’m working on building my client list, and I’d love for you to keep an eye out for the following type of client.  I currently work in intellectual property.  I’m looking for someone who recently started a business or someone who recently published a book.  If you have any such contacts, I’d be honored if you would send them my way.  I’ll be happy to help them secure a copyright or trademark for the business logo or the book.</em></p>
<p><strong>Host a seminar</strong></p>
<p>Pick a topic that would be appealing to your ideal client base.  What affects their businesses?  Are there new tax laws or regulations?  Anything in the economy that directly hurts or helps their businesses?  If so, they will definitely be interested in hearing more about this topic.  Learn everything you can and host a seminar.  It can be in the office or in a hotel conference room.  Wherever they can congregate conveniently.  At the end of the seminar, let them know that you are happy to answer any questions about this topic.  Hand out your business card.</p>
<p>Keeping these tips in mind, you will have new clients and a bigger book in no time!  Need even more help?  Feel free to <a title="los angeles legal recruiters" href="http://swanlegal.com/contact.htm" target="_blank">contact us</a>.  We’re attorneys, too!</p>
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		<title>Swan Legal Search blast from the past</title>
		<link>http://swanlegalsearch.com/2010/07/19/swan-legal-search-blast-from-the-past/</link>
		<comments>http://swanlegalsearch.com/2010/07/19/swan-legal-search-blast-from-the-past/#comments</comments>
		<pubDate>Tue, 20 Jul 2010 04:04:47 +0000</pubDate>
		<dc:creator>swan</dc:creator>
				<category><![CDATA[Pictures]]></category>
		<category><![CDATA[Swan Legal Search]]></category>
		<category><![CDATA[legal marketing]]></category>

		<guid isPermaLink="false">http://swanlegalsearch.com/?p=179</guid>
		<description><![CDATA[Remember these?  A funny look back at some of our adventures in advertising.  We&#8217;ll post more next week, so please check back!

Love this &#8220;Got Skills?&#8221; ad.  We had so much fun with these!

Probably my favorite ad.  What&#8217;s yours?
]]></description>
			<content:encoded><![CDATA[<p>Remember these?  A funny look back at some of our adventures in advertising.  We&#8217;ll post more next week, so please check back!</p>
<p style="text-align: center;"><a href="http://www.swanlegal.com"><img class="size-medium wp-image-181 aligncenter" title="Got skills?" src="http://swanlegalsearch.com/wp-content/uploads/2010/07/Got-skills-201x300.jpg" alt="Swan Legal Search, Delia Swan, Los Angeles legal recruiter" width="201" height="300" /></a></p>
<p>Love this &#8220;Got Skills?&#8221; ad.  We had so much fun with these!</p>
<p style="text-align: center;">
<div id="attachment_182" class="wp-caption aligncenter" style="width: 219px"><a href="http://www.swanlegal.com"><img class="size-medium wp-image-182 " title="The few, the proud, the pre screened" src="http://swanlegalsearch.com/wp-content/uploads/2010/07/The-pre-screened-209x300.jpg" alt="The few, the proud, the pre-screened.  " width="209" height="300" /></a><p class="wp-caption-text">The few, the proud, the pre-screened. </p></div>
<p>Probably my favorite ad.  What&#8217;s yours?</p>
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		<title>Creating your legal career</title>
		<link>http://swanlegalsearch.com/2010/07/12/creating-your-legal-career/</link>
		<comments>http://swanlegalsearch.com/2010/07/12/creating-your-legal-career/#comments</comments>
		<pubDate>Mon, 12 Jul 2010 16:01:53 +0000</pubDate>
		<dc:creator>swan</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://swanlegalsearch.com/?p=175</guid>
		<description><![CDATA[I know, I know.  Things are moving along.  You go to work every day.  You sit at your desk and pound out motions (or contracts), do some research, eat at your desk, more research, go home, more research, go to bed, repeat.  It’s working for you now, but what about a year from now?  What [...]]]></description>
			<content:encoded><![CDATA[<p>I know, I know.  Things are moving along.  You go to work every day.  You sit at your desk and pound out motions (or contracts), do some research, eat at your desk, more research, go home, more research, go to bed, repeat.  It’s working for you now, but what about a year from now?  What about 10 years from now?  Do you see yourself at the same firm? A different firm? No firm?</p>
<p>As comfortable (or at least familiar) as your current position is, are you doing what you want to do?  Although things have been tough in the California legal market, we’re on the edge of an increase in hiring.   The California market will undoubtedly see some <a title="associate job openings california" href="http://swanlegal.com/app_job.asp" target="_blank">associate</a> and <a title="partner job openings california" href="http://swanlegal.com/app_part.asp" target="_blank">partner movement</a> in the next 12-18 months; so now is the time to think about your career path and really create your career.   Don’t just let things come to you – put yourself in a position to grow your career over the next one to two years.  With a little thought and planning, you could be at your dream job (whatever that may be) sooner than you think.</p>
<p>Creating and planning your career is simple, but it does take some quiet time and some concentration.  This is not a process you want to rush.   Like all great things in life, start with baby steps.   And, like all great things on the internet – take a quiz.</p>
<ol>
<li>Are you happy with your job?</li>
<li>When someone says “next year, you’ll be doing ______” do you shudder in horror at the thought of being in that office in a year?</li>
<li>Do you believe you’ll retire from your current job?</li>
<li>When someone asks you what your dream job is, would you say “my current job”?</li>
</ol>
<p>If you answered “no,” “yes,” “no” and “no,” you’ve come to the right place. You’ve got some planning to do.  As always, we want to help all of you – not just the new lawyers or the very experienced.  No matter where you are in your career, you can take charge and turn it into something wonderful.</p>
<p><strong>Attorneys 0-6 years </strong></p>
<p>You’re relatively new to law, and you’ve undoubtedly had a very steep learning curve over the last few years.   If you’re still wondering if your current job is the best job for you, it’s time to start asking some people who have experience.</p>
<ol>
<li>Shadow a senior attorney.  Are you currently working in the practice area you love, and you’re ready to move up the ladder?  Speak with an attorney at your firm and ask to shadow him/her for a day.  Find out what they do, who they speak with, what they know.  Knowing how someone else got to their position and what skills are needed to do their job will give you some good insight on how to plan your next move within the firm.</li>
<li>Talk to more experienced attorneys.  Most people really like to talk about their jobs, and they will probably be flattered to be asked about their jobs.  Speak to an attorney who works in the practice area in which you’d like to work.   Talk to the attorneys candidly about what they like and dislike about their jobs.  Ask about the hours required, the type of experience required and so on.  Obviously, once this “informational interview” is over, please send a hand-written thank you note.  It’s only polite.</li>
<li>Volunteer.  You are probably very limited on time, but if you’re really interested in another practice area, it may be helpful to get some unpaid experience.  If you’re working and loving it without getting paid, it’s a good sign that you are probably well suited for that type of work.   Plus, you’re gaining valuable experience to add to your resume!</li>
</ol>
<p><strong>Attorneys 7-12 years </strong></p>
<p>OK.  You’ve been around the block and you know what is what.  You’ve probably already decided whether or not you want to continue practicing within your current practice area.  If so, it’s really time to make a move toward senior associate or partner.  If you’re not practicing in the field in which you’d like to practice – what are you waiting for?  You’ve got to get moving.</p>
<ol>
<li>Show off.  If you like your practice area, now is the time to start making a name for yourself in the firm.  Don’t just come into work each day and do what you need to do.  It’s time to step up and do even more – just make sure you’re getting credit.  As uncomfortable as it is to “toot your own horn,”  get tooting.  It’s time that you’re noticed as someone who wants to stick around and become an integral part of the firm.  You are a valuable contributor and you want to contribute even more.  Let this be known!  Show your face at legal events, start making connections and <a title="generating revenue for law firms" href="http://swanlegalsearch.com/2010/01/28/marketing-yourself-bringing-cases-and-increasing-your-value-part-one/" target="_blank">generating revenue</a>.</li>
<li><a title="networking in the legal community" href="http://swanlegalsearch.com/2010/02/08/marketing-yourself-generating-revenue-and-increasing-your-value-part-2/" target="_blank">Network, network, network</a>. Don’t like the firm or the practice area?  Time to put it in gear.  You’ve got to start networking immediately.  Join legal organizations that work in your desired practice area.  Go to meetings and talk to anyone who will lend an ear.  Ask questions, and ask for informational interviews.   You need to find out how this new practice area works and what new information you need to learn in order to be viewed as an asset in that new practice area.</li>
<li>Start writing and speaking.  If you know exactly where you want to be, it’s time to get your name out there as an expert in that practice area.  There’s really no better way to do this than by getting your name in front of other attorneys.  Writing articles and giving presentations are two ways that other attorneys will begin to view you as an authority in the field.  With each publication and/or speech you give, you take another step toward becoming an expert.</li>
</ol>
<p><strong>Attorneys 13+ years</strong></p>
<p>I know what you’re thinking.  No.  It’s not too late to change practice areas, firms or careers!  You’ve got a lot of experience, and that goes far.</p>
<ol>
<li>Generate revenue.  If you’re at your dream firm, but not yet a partner, don’t worry.  Becoming partner is only a solid book of business away.  We know all there is to know about building a book of business.  <a title="building a book of business for lawyers" href="http://swanlegalsearch.com/2010/02/15/marketing-yourself-generating-revenue-and-increasing-your-value-part-three/" target="_blank">Follow our advice</a>, and you’ll be on your way to partner status in no time.</li>
<li>Talk to your peers.  If you’re thinking about changing practice areas, you need to speak to an attorney in that field.  I know, it’s sometimes hard to speak to someone who has less experience as an attorney; but just do it.  (Nike knows all.)  You can learn something every day, even if you’ve been an attorney forever.  Get curious!  Talk to these attorneys about what they do every day.  Write out the skills you have that may be helpful in this new practice area.  Also list some things that you may need to review or learn.</li>
<li>Venture out!  If you like what you’re doing but not where you’re working start looking elsewhere. If you’ve got a book of business, you’ll be very interesting to other firms.  If you’re tired of the old grind and want to get out on your own, do it!  It’s scary, but you’ve got the experience you need with at least 13 years under your belt.  Think about what lifestyle you want and how moving firms or starting your own will help.</li>
</ol>
<p>No matter where you’re at on the career ladder, take some time in the next couple of weeks to think about where you want to be and how you’re going to get there.  Write plenty of lists – lifestyle, income required, type of firm, etc. – and let them “marinate.”  In no time, you’ll know exactly where you’re going!  (And, if you still need a little help figuring that out, <a title="los angeles legal recruiters" href="http://swanlegal.com/contact.htm" target="_blank">contact us</a>!)</p>
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		<title>Resume tips for attorneys</title>
		<link>http://swanlegalsearch.com/2010/07/05/resume-tips-for-attorneys/</link>
		<comments>http://swanlegalsearch.com/2010/07/05/resume-tips-for-attorneys/#comments</comments>
		<pubDate>Tue, 06 Jul 2010 03:42:51 +0000</pubDate>
		<dc:creator>swan</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://swanlegalsearch.com/?p=171</guid>
		<description><![CDATA[From recent grad to senior partner, we’ve got tips to improve your resume 
How are things?  Anything new on the career front?  Are you feeling content, or unchallenged?  If you’re looking for your first legal position, if you’re coming back from an absence or if you’re feeling that it’s time to move on from your [...]]]></description>
			<content:encoded><![CDATA[<p><strong>From recent grad to senior partner, we’ve got tips to improve your resume </strong></p>
<p>How are things?  Anything new on the career front?  Are you feeling content, or unchallenged?  If you’re looking for your first legal position, if you’re coming back from an absence or if you’re feeling that it’s time to move on from your current job but you don’t even know where to begin, you’ve come to the right place.  Building a resume is important at any level in your career.  No matter if you are a recent graduate or a senior partner, a resume can be the difference between getting the job and being stuck on a career path that doesn’t excite you. </p>
<p>Overall, resumes are probably the most important thing for hiring partners at the beginning of a relationship.  After all, resumes are the first impression that any hiring partner has of you.  Please, please make sure that it’s spell-checked and accurate.  Also, even though you’re an attorney and not a graphic designer, you will want to make sure that the format is appealing and easy to read.  (Don’t worry about this one – we’ll give you a few pointers.)  </p>
<p>Tips for all attorneys</p>
<ol>
<li>Spell check.  Seriously.  Do it at least twice, read it three times and let someone else read it at least once.  (Having two additional readers is preferable.)</li>
<li>Leave them wanting more.  It’s obvious that you’ll want to include relevant work experience.  However, you don’t have to include details about every motion you’ve ever written or every case you’ve ever tried.  Show a little restraint and leave something for the interview.</li>
<li>Format with clarity in mind.  Make sure that the format for your resume is clear.  Stick with one font (two if you must, but that’s it).  Stick with only two font sizes – one for headings and one for everything else.  Make sure that all of your contact information is clear on EACH page of the resume.  Heaven forbid someone would lose the first page, you want to make sure they can still contact you.</li>
<li>Personalize the content.  If you know that the hiring partner is looking for someone who has appellate experience, make sure that you elaborate on your years of appellate work.  To save space, maybe eliminate the six-month stint doing family law.  Did the hiring partner go to the same undergrad as you?  I’d highlight your undergrad a little more than normal.</li>
</ol>
<p>Tips for new attorneys (0-5 years of experience)</p>
<ol>
<li>Mention everything that’s important.  It&#8217;s critical to highlight experience you had in law school or during internships.  If you were on the winning trial ad team or editor of the law review, go ahead and mention these accomplishments.  You’ll also want to delve into your experience as an attorney (if any), but relevant experience before you passed the bar is OK, as well.</li>
<li>Show off your skills.  Make sure that you highlight any special skills or knowledge you may have to set you apart.  Do you have three years of Westlaw research experience?  Can you speak Japanese?  Obviously, Westlaw experience is crucial.  Many firms love foreign language proficiency – particularly in international firms.</li>
</ol>
<p>Tips for senior associates (6-12 years)</p>
<ol>
<li>Put your work on top! You’ve been practicing law for awhile, so it’s fine to put your education toward the bottom of the resume.  Hiring partners are more interested in your recent work experience than your undergrad and law school.  It’s still important, but it’s not top-of-the-resume important.</li>
<li>List practice areas.  Make sure that you indicate the types of practice areas in which you have experience.  (Keep in mind that you’ll want to emphasize the work most related to this particular job.)  For example, if you&#8217;ve gained experience in antitrust, labor and employment, M&amp;A, private equity deals, so state.</li>
<li>Describe your clients.  Make sure that the hiring partner understands the type of clients with which you have worked in the past.   Were they fortune 500 companies or family-owned businesses? Also note, if relevant, what the industry is, i.e., health care, technology, etc.  Describe these clients with some specificity, and be sure to point out the clients that may have some relevance to this job opening.</li>
<li>List your real world experience.  Here’s where you get to brag about what you’ve accomplished.   Note if you&#8217;ve taken and defended depositions, drafted and argued, any trials that you’ve worked on, second-chair experience, etc.  On the transactional side, note if you&#8217;ve handled due diligence, handled securities or M&amp;A work, etc.</li>
<li>Incorporate a list of speaking and writing accomplishments.  Be sure to include list of public speaking you’ve done on your practice area or publications you’ve written about your area of expertise. </li>
<li>Include extracurricular activities.  Make sure that you list all professional associations to which you belong.  Listing other professional or community involvement can be important, as well.</li>
</ol>
<p> </p>
<p>Tips for partners (13+ years)</p>
<ol>
<li>List your managerial and administrative abilities and contributions.  You’re more than just a mere attorney, you’re one of the bosses.  The other bosses want to know how you can perform in that role, as well.</li>
<li>Brag about your success.  The firm’s hiring partner will definitely want to know, with some detail, about your client development and your revenue generation abilities.  Be sure to be as thorough as possible here.  This is a very important part of your resume.</li>
<li>Attach relevant lists.  If you’re a litigator, attach a list of representative cases you’ve handled.  If you’re on the transactional side of things, be sure to attach a representative corporate transactions list.  </li>
<li>Prepare and have a general business plan at the ready.  The attorneys at the firm will want to know how you can help grow the business.  Include a brief business plan for how you will contribute.  (Not sure about this?  Glad you asked.  We’ll be writing a post about this soon.  Check back for details.)</li>
</ol>
<p>So, go forth and interview!  Did we leave something out?  Please do not hesitate to <a title="legal recruiter" href="http://swanlegal.com/contact.htm" target="_blank">contact us</a>.  We’re happy to help get your career on the right path!</p>
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		<title>California Legal Market Trends Watch: Regulatory Attorneys</title>
		<link>http://swanlegalsearch.com/2010/06/28/california-legal-market-trends-watch-regulatory-attorneys/</link>
		<comments>http://swanlegalsearch.com/2010/06/28/california-legal-market-trends-watch-regulatory-attorneys/#comments</comments>
		<pubDate>Tue, 29 Jun 2010 04:19:22 +0000</pubDate>
		<dc:creator>swan</dc:creator>
				<category><![CDATA[For lawyers]]></category>
		<category><![CDATA[New career opportunities]]></category>
		<category><![CDATA[partner job opening]]></category>
		<category><![CDATA[partner job opportunities]]></category>
		<category><![CDATA[regulatory attorney]]></category>

		<guid isPermaLink="false">http://swanlegalsearch.com/?p=161</guid>
		<description><![CDATA[We at Swan Legal Search have been noticing an interesting trend &#8212; Washington D.C. and the regulatory attorneys working there are no longer the legal &#8220;nerds.&#8221;  They&#8217;re quickly becoming very, very popular in California.  Particularly in the Silicon Valley.
Daniel J. Herling, an attorney at Keller &#38; Heckman LLP in San Francisco shares a little of [...]]]></description>
			<content:encoded><![CDATA[<p>We at Swan Legal Search have been noticing an interesting trend &#8212; Washington D.C. and the regulatory attorneys working there are no longer the legal &#8220;nerds.&#8221;  They&#8217;re quickly becoming very, very popular in California.  Particularly in the Silicon Valley.</p>
<p><a title="Dan Herling, attorney at law" href="http://www.khlaw.com/Daniel-Herling" target="_blank">Daniel J. Herling</a>, an attorney at <a title="Keller &amp; Heckman law firm " href="http://www.khlaw.com/index.aspx" target="_blank">Keller &amp; Heckman LLP </a>in San Francisco shares a little of his insight on this very new, and very promising, legal trend in California.</p>
<p>I&#8217;m seeing an across-the-board increase in activity in all regulatory agencies &#8211; they are ratcheting up enforcement.  I&#8217;m noticing more subpoenas going out (for example,  OSHA is more aggressive and FDA is implementing more recalls as is the CPSC). </p>
<p>Keller &amp; Heckman is involved in both the regulatory and litigation aspects.  There&#8217;s been talk for some time, but I&#8217;m starting to see increased activity on the part of the Government.  The Obama administration is certainly having a different attitude toward regulation than prior administrations. </p>
<p>As a result, Keller &amp; Heckman, has felt the need for more litigation assistance due to these shifts, and the San Francisco office has grown accordingly.  (In fact, the office is currently seeking a litigation partner who can sustain himself/herself with portable business.  (<a title="contact Los Angeles legal recruiter" href="http://swanlegal.com/contact.htm" target="_blank">Speak with Delia </a>at Swan Legal Search regarding details about this opportunity. )</p>
<p>In addition to growth in California, our Washington D.C. office has also been busy addressing various recall issues on the regulatory side.  Often the regulatory issues evolve into litigation.  For example, recently a client had to take some product off the shelves at a major box store and sought relief from its supplier.  The supplier refused, and a complaint was filed in Federal court and ultimately resolved through mediation. </p>
<p>I predict more work on the horizon in light of the <a title="green chemistry initiative" href="http://www.dtsc.ca.gov/pollutionprevention/greenchemistryinitiative/index.cfm" target="_blank">Green Chemistry Initiative </a>which is supposed to go in to effect in California shortly.  Unlike Prop 65, which had a specific enforcement regimen, the GCI has no mention of enforcement in the statute.  Issues such as what is a &#8220;chemical of concern&#8221; will inevitably lead to litigation.  A lot it will depend upon the new California Attorney General, and her/his views.  B&amp;P Section 17200 may also create opportunities  for a private attorney general  actions pursued under.  These are, indeed, interesting times.</p>
<p><em>Dan is a partner at</em> <em>Keller &amp; Heckman and <a title="Keller &amp; Heckman legal victories" href="http://www.khlaw.com/showpublication.aspx?Show=3759" target="_blank">recently had a major success </a>in a breach of contract and lack of good faith and fair dealing case.  Founded in 1962, Keller &amp; Heckman&#8217;s nationally-recognized litigation attorneys represent clients&#8217; interests before federal and state courts, and regulatory and industry sanctioned bodies.  The firm has </em><em>offices in Washington, D.C., Brussels, San Francisco and Shanghai. </em></p>
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		<title>Capital Market Deal Flow on the Rise</title>
		<link>http://swanlegalsearch.com/2010/06/22/capital-market-deal-flow-on-the-rise/</link>
		<comments>http://swanlegalsearch.com/2010/06/22/capital-market-deal-flow-on-the-rise/#comments</comments>
		<pubDate>Wed, 23 Jun 2010 05:29:49 +0000</pubDate>
		<dc:creator>Alex Shukhman</dc:creator>
				<category><![CDATA[For lawyers]]></category>
		<category><![CDATA[california legal market trends]]></category>
		<category><![CDATA[IPOs]]></category>

		<guid isPermaLink="false">http://swanlegalsearch.com/?p=149</guid>
		<description><![CDATA[After the devastation of late 2008 and much of 2009, to the delight of most transactional attorneys, the U.S. capital markets have seen a recent resurgence.  According to Renaissance Capital, there were 63 U.S. IPOs in 2009.  That amount has almost been matched in 2010 with 51 so far and there are still six months [...]]]></description>
			<content:encoded><![CDATA[<p>After the devastation of late 2008 and much of 2009, to the delight of most transactional attorneys, the U.S. capital markets have seen a recent resurgence.  According to <a href="http://www.renaissancecapital.com/ipohome/review/2009main.aspx" target="_blank">Renaissance Capital, there were 63 U.S. IPOs in 2009</a>.  That amount has almost been matched in 2010 with 51 so far and there are still six months left in the year.  As further evidence of the improved capital market conditions, private equity funds have jumped on the bandwagon to increasingly use IPOs and secondary offerings as exit strategies for investments in which they have been locked-in for some time.</p>
<p><a href="http://www.pitchbook.com/" target="_blank">Pitchbook</a> notes steady growth in both types of exit strategies in the fourth quarter of 2009 and the first quarter of 2010 relative to prior periods.  Similar activity is being seen in the venture capital industry; the first quarter of 2010 has already matched the eight venture backed IPOs in all of 2009.  In terms of industries that have seen the greatest growth in the number of IPOs, it’s been technology, financial and real estate.</p>
<p>With Los   Angeles being home to large banking/financial and real estate industries, it is foreseeable that law firms servicing these types of capital markets in Los Angeles are witnessing some of the rewards of this increased market activity.  It is hard to foresee whether intervening events like Greece’s financial woes will curtail activity, but there is a general sense in the field that the positive momentum may very well continue.</p>
<p><em>Post by Alex Shukhman, attorney at Goodwin Procter LLP in Los Angeles.<br />
</em></p>
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