Saving Dewey & LeBoeuf

Saving Dewey & LeBoeuf.

Saving Dewey & LeBoeuf

Gosh, I could have had a V – 8.

Trial lawyers often say that when they try a case, they always wind up trying three cases: The case they plan on trying, the case they actually try and the case they should have tried.
The same could be said of the quick rise and ignominious fall of Dewey & LeBoeuf. The Champaign toasts of 2007, when the 300 or so partners of Dewey, Ballantine, Busshby Palmer & Wood and LeBoeuf, Lamb, Leiby, Greene and MacRae as they basked in their nuptials were surely replete with aspirations of certain combined success. Giddy with presumed joy as the combined firm would shortly be one of the twenty largest law firms on the planet, we can safely assume that the leadership of this soon to be global giant had given much thought to how the new leadership would lead. But, like the capable trial lawyer, there is the management style, plan and strategy a law firm leader expects to implement, the one he or she winds up putting into effect because of real world exigencies and then, at the end of the day, sitting on his or her back porch sipping a beer, after the movers have come and the lights turned off, there is the management style and strategy the leader of a failed firm realizes should have been the order of the day.

Yes, hindsight is always perfect. But hindsight is essential for others walking in the shoes of a leader. When the trial lawyer looks back and ponders the trial he should have tried, he becomes a better trial lawyer. It’s always easier to look back at the trial you won than the trial you lost. But, you learn much more form the trial you lost. Self reflection on the heels of defeat are much more instructive. The pain of loss is ameliorated when you recognize your mistakes and mis-steps and know you will never do those again. The wounded barrister takes counsel in talking to his or her jurors, the trial judge and other experienced trial lawyers and conducting a careful and thoughtful analysis of where he or she went wrong.

Capable law firm leaders lean from their mistakes. Truly gifted law firm leaders learn from the mistakes of others as well. Therefore, we present this tale of “would have, could have and should have.” Leaders of failed law firms do not rise, Phoenix-like, and get a second chance. But those who do occupy those important roles at thriving law firms can only enhance their own stewardships ny learning form the mistakes of others, not simply their successes.

Could Dewey & LeBoeuf been led to success once the depths of its problems were all well known? This trial lawyer thinks so.

Avoiding Law Firm Implosions by Mandating Firms to Undergo Annual Stress Tests

Avoiding Law Firm Implosions by Mandating Firms to Undergo Annual Stress Tests.

Avoiding Law Firm Implosions by Mandating Firms to Undergo Annual Stress Tests

Good Lord! Please make it stop.

We can’t take witnessing any more carnage or scandal from the Dewy & LeBoeuf front! The worst part, in some respects, is that clients, laterals and law firm lenders are now looking past the Dewey debacle and looking at other large law firms and wondering which one is next.

The horrific death spiral of Dewey & LeBoeuf, which started within the firm in October of 2911 and debuted its public spectacle in March, 2012, continues to evoke gasps and cries from all observers and participants. The latest horrors, not unexpected, are the loss of hundreds of jobs and the disappearance or dramatic reduction of thousands of pensions. To be sure, more ugliness lies ahead: Draconian financial penalties to partners and prosecutorial inquiries of potential criminal liability for some key Dewey players.

The Dewey debacle isn’t going away any time soon. The slog of judicial proceedings will take years and impose enormous tolls on all concerned.

The added nightmare is that other large law firms will liklely follow suit and similarly implode.

The profession must galvanize and provide assurance to law firm partners and law firm stakeholders – partners, clients, lenders, lateral candidates and law school students that individual firms are strong and viable and are not in danger of implosion. The way to provide assurances is through having law firms undergo stress tests by qualified independent professionals. Given the current state of play, firms will likely only do so if market demands dictate that they do so. Those market mandates will arise when law firms are required to do so by clients, lenders, clients, lateral candidates and to maintain a competitive edge.

The need for these stress tests is urgent and the time to start applying them is now.

Dewey, Sex, Lies and Videotape

Dewey, Sex, Lies and Videotape.

Dewey, Sex, Lies and Videotape

We are still sitting and gawking unabashedly at the awful train wreck that is now the fate of Dewey & LeBoeuf. The human carnage is unspeakable, yet we can’t stop staring.

The pundits are rapidly offering their own dissections for the cause of the carnage: Tales of corruption, deceit, dishonesty, mismanagement, sexual improprieties, criminality, dishonesty and such abound.
There is a huge amount of unnecessary pain that many will endure.

One of the odd things is that many at the top of Dewey’s dysfunctional food chain will – extremely bright, accomplished and talented lawyers – could have avoided much of the pain that lies ahead of them by simply characterizing their relationship with the law firm as something other than “partners.” The irony is that many of these folks were not partners. They did not share in profits or losses. They had fixed multi-year contracts under which their income was guaranteed, regardless of the fortunes of the law firm. These agreements were the products of avarice, greed and shortsightedness, which could have and should have been avoided.

Now, the beneficiaries of these contracts are destined to pay handsomely for their previous ego gratification, a result which could have been easily avoided.

Dewey Need to Take a Pledge?

Dewey Need to Take a Pledge?.

Dewey Need to Take a Pledge?

Dewey & LeBoeuf continues to be daily battered in the media. Too many of the slings and arrows now being shot Dewey’s way are self inflicted.

Those with the most to lose seem to be trying to get this ship of state back on course, but are badly losing their way by their failure to assure that they and an important large block of important players will stay the course, come hell or high water. Instead, a Group of Seven would have us believe that if they stick it out, everything will be swell. But, they haven’t provided adequate assurances that they will in fact stick it out. These law firm leaders are not reading from the same playbook and do not shrink from publicly issuing inconsistent statements about critical issues and tepid endorsements for the firm’s future.

Nobody wants to see a law firm fail. Law firm failures are too often the result of malfeasance, misfeasance and nonfeasance at the summit.

The world is waiting for a strong showing of a united and committed Dewey leadership team. It hasn’t happened yet. We all hope to see this united front before it’s too late.

Dewey Shoot the Lifeboats as Our Partners Seek Safety From Our Law Firm in Stormy Seas?

Dewey Shoot the Lifeboats as Our Partners Seek Safety From Our Law Firm in Stormy Seas?.

Dewey Shoot the Lifeboats as Our Partners Seek Safety From Our Law Firm in Stormy Seas?

Dewey & LeBoeuf continue to flounder in stormy seas. The bolt to the exits by some important partners now seems to be a virtual stampede.

But, even as the Dewey & LeBoeuf ship continues to be tossed about, the firm’s leadership has taken some pretty awful missteps which does nothing to assure that the firm will find a safe moor. Instead, the leadership seems to be bent on rolling in to more icebergs.

Let’s continue to watch this closely and learn some important lessons.

Follow

Get every new post delivered to your Inbox.

Join 721 other followers