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

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 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 Think We Are Watching the Deconstruction of a Venerable Law Firm?

Dewey Think We Are Watching the Deconstruction of a Venerable Law Firm?. Related articles Lean Times for Dewey & LeBoeuf (lesliebrodie.wordpress.com) More Partners Leave Dewey & LeBoeuf (dealbook.nytimes.com) Defections Continue at Dewey & LeBoeuf (dealbook.nytimes.com)

Dewey Think We Are Watching the Deconstruction of a Venerable Law Firm?

Jerome Kowalski Kowalski & Associates March, 2012   Have you ever witnessed a sudden and unexpected calamitous and life threatening accident unfolding before your eyes?  Your brain is hard wired to provoke one or more of several different reactions:  (1) avert your eyes; (2) take flight for your own safety; (3) stare intently while frozen [...]

How to Succeed in BigLaw While Really Trying: A Four Act Unfinished Play, Now Playing at a Law Firm Near You

The numbers for 2011 for law firms are dribbling out as they inevitably do at this time of year. The reports are fairly consistent all across the board: Gross revenues up at about 3 or 4%; net profits increased at double that rate. Expenses increased at rates at triple that rate. Law firms seem to be generally recovering relatively well from The Great Recession.

But some real cracks are surfacing. Partner free agency continues to be a boon to some law forms and a bane to others. Even some law firms that have attracted some real big hitters are groaning with the expense of paying for substantial books of business, Those firms that are losing producers are seeing a cash drain and some ominous publicity.

Law firms that saw their gross revenues increase did so by squeezing every possible cent out of their accounts receivable, leaving them with reduced inventories of A/R and weakened cash flow positions. Law firms that saw their net profits increase often did so by deferring accounts payable, leaving them with swollen accounts payable ledgers.

And the bill collector is at the front door for many of the steps taken by law firms in the last few years to escape the clutches of The Great Recession. The due bills are arriving for expansions.

The industry is at a cross roads as we all remain uncertain how this show will conclude. We are about to see the exciting finale – only, there remains great uncertainty as to what that last act will look like.

What are your thoughts as to what the next act will look like?

Difficult Times Sometimes Create Desperate People Who Do Desperate Things: Loss Prevention in Handling Client Escrow Funds

Difficult Times Sometimes Create Desperate People Who Do Desperate Things: Loss Prevention in Handling Client Escrow Funds.

Follow

Get every new post delivered to your Inbox.

Join 721 other followers