For tips on how to Become a Versatile, Flexible, Nimble–and Exceptional–International Lawyer, read my latest article for the international column of The Complete Lawyer online magazine. Click on the links to read the article on the TCL website, or peruse the text below:
Become A Versatile, Flexible, Nimble—And Exceptional—International Lawyer
Adjust your international practice to meet market demands.
By JANET H. MOORE
Become A Versatile, Flexible, Nimble—
And Exceptional—International Lawyer
International lawyers need to spot issues that arise both across jurisdictions and outside their expertise
By Janet H. Moore
Click these links for a specific section or read the entire article below:
- Be Versatile, Flexible and Nimble To Succeed In International Law
- Gain Exposure to Different Legal Systems and Jurisdictions
- Spot Critical Issues
- Adjust Your International Practice To Meet Market Demands
Exceptional international practitioners realize that remaining versatile, flexible and nimble benefits their practice. This versatility helps them resolve client inquiries—even though clear-cut answers across legal systems are often impossible to find. Good international lawyers know how to handle this uncertainty by drawing on their wealth of experience when advising their clients. They are able to notice and analyze important issues in complex international matters, and track down the requisite answers from foreign counsel, original legal sources and other resources.
Law firms are beginning to acknowledge the benefit of such versatility. According to David Morley, Worldwide Managing Partner of the London-based Magic Circle firm Allen & Overy, “…we need to develop versatile lawyers capable of working in more than one discipline. So when a partner has career discussions with an associate who wants to experience other practice areas, we must encourage that where we can.” 1
Gain Exposure To Different Legal Systems and Jurisdictions
How can international practitioners enhance their versatility? Gaining exposure to legal issues in different geographic areas, under different legal systems (such as Sharia and civil law, as well as common law), and in a variety of legal disciplines, will broaden a lawyer’s experience.
As Gerard Meijer, a partner with the Benelux firm NautaDutilh who specializes in international commercial litigation and arbitration notes, “As a litigator, I have become versatile as I have acted in a wide variety of disputes.”
In fact, Gerard’s international practice has exposed him to clients and issues across the world. “We represent a Dutch insurance company in an investment arbitration against the Republic of Poland regarding the Republic of Poland’s refusal to comply with its commitments to transfer shares in a Polish insurance company to our client. We also act for a UK defense company regarding the setting aside of an arbitral award between our client and the Iranian Ministry of Defense. At the moment, I also sit as arbitrator (inter alia in a matter regarding the distribution of professional skates in Korea).”
Like Gerard, many international practitioners handle matters involving a wide variety of jurisdictions. Looking for opportunities to become familiar with the laws of various jurisdictions, and to get some real world experience in those venues, will increase an international lawyer’s effectiveness and prepare him or her for whatever arises.
Salli Swartz, a partner in the Paris-based firm Phillips Geraud Naud & Swartz, often works on complex border transactions involving multiple jurisdictions. As an American trained attorney who now lives and practices in France, Salli specializes in assisting foreign companies investing or otherwise doing business in France. During one transaction she found herself “drafting and negotiating in the English language when I was the only native English speaker present: the others were from 6 different countries with 6 different languages and at least 3 different legal systems and all of them thought that their English was better than mine!! For one simple sentence there were 6 different interpretations of the meaning.” Having an understanding of the laws of these different jurisdictions helped Salli handle this situation with aplomb.
Spot Critical Issues
Becoming versatile as an international lawyer does not mean becoming an expert in multiple fields. No practitioner can master and keep up with the countless legal specialties that exist. However, an international practitioner should try to amass enough knowledge to be able to identify critical issues on a client’s behalf.
Sébastien Savage, who practices in the Montreal office of Davies Ward Phillips & Vineberg, may face hundreds of different issues in any given month, which makes his work challenging and exciting. “Sure, it is stressful,” he says, “but I firmly believe that staying flexible and versatile as an attorney has enhanced my practice, both in terms of the number of clients and in terms of the quality of services delivered.”
Sébastien also stays informed about his clients’ businesses: “I find that the more I know and the better I understand the businesses of my clients, the better equipped I am to face the requirements of evolving in a global economy.”
Lawyers living and working in foreign offices particularly need to be able to spot issues. Rather than remain isolated from the wealth of knowledge in their home offices, these foreign-based attorneys must sharpen their issue-spotting skills so that they can raise red flags when needed.
Once an international attorney spots an important issue outside of her expertise, she must then know how to resolve it. Sometimes this requires bringing in foreign counsel, and perhaps most important, knowing the right questions to ask in order to get a clear response. For example, asking a civil law lawyer questions while using purely common law concepts and lingo will confuse the situation—and may result in an inaccurate or unclear answer. Salli Swartz notes the particular challenge of “trying to explain to American/Anglo Saxon legal systems clients the differences between consequential damages under U.S. law and direct damages under French law…”
Many successful international lawyers improve their understanding by digging into the original legal sources—even those written in foreign languages—rather than relying on secondary translations. Using a dictionary, and comparing an original legal text with multiple English translations of it, can give a lawyer critical insights about what a foreign law really says and means.
Adjust Your International Practice To Meet Market Demands
Sometimes a lawyer plans to develop a particular international specialty, but client and market demands cause the lawyer’s practice to evolve in a different way. A versatile international lawyer is well positioned to respond to these changes. As Ed Lebow, who practices in Haynes & Boone’s Washington, D.C. office, explains, “My college concentration was in Japanese language, history and culture, and that set me up to handle antidumping cases for Japanese clients into the middle 1990’s. However, with the changes in the Japanese economy and the decreasing number of new US antidumping cases brought each year, particularly against the Japanese, I needed some flexibility. For me, that has meant a subtle shift in both my subject matter and geographic emphasis. While I still do handle antidumping and countervailing duty reviews, much of my newer work is in the much more active area of ITC Section 337 investigations that address imports that allegedly infringe US patents. And my clients are now more likely to be located in India (dumping and countervailing duties) and Taiwan (Section 337) than in Japan.”
Having the flexibility and versatility to respond to market changes, as Ed does, helps an international practice thrive even when the market shifts.
In other words, versatility makes a lawyer more attractive to clients. As Gerard Meijer explains, “I really get the impression that clients appreciate that I have been involved in a variety of disputes, which gives the client the confidence that I can make myself familiar with their case.”
After all, that’s what all lawyers strive for: a client’s confidence and satisfaction.
_________
FOOTNOTES
1. “We Listened to Associates. Now Partners have to Do Their Bit”, TheLawyer.com, 23 October 2006.
Janet, I’ve enjoyed your blog. I’m residing in Argentina for the next few yearsand have an opportunity to study law here. When I return to the US, will I be able to sit for the bar, will there be opportunities for someone like me, willthose opportunities be significant, or will they in fact be limited by
virtue of where I got my education? Many thanks.
Tim
Dear Tim: I am glad that you have enjoyed reading my blog. In fact, by reading the posts in the “Ask Janet” category, you will see that I’ve addressed inquiries similar to yours.The January 22 post will give you the links to the states that admit foreign trained lawyers to practice in the US and the qualifications for doing so.It also gives the link to the rules on this issue from the NY Bar which, at the moment (and probably for the foreseeable future) will be the state that is most welcoming to foreign trained lawyers. Review the requirements carefully, not only now but also closer to the time that you would seek to become licensed to make sure that you have met the requirements.Your best potential employer would of course be one that would need your Argentine law expertise, like a company that does a lot of US-Argentine business, law firms that service such clients, or a governmental entity dealing on US-Argentine matters. It seems to me that getting some actual legal work experience while in Argentina would improve your resume–experience that you could even get while in school. A lawyer with practical work experience–not just the theoretical knowledge of foreign law–is much more marketable.
You asked whether your job opportunities in the US will be limited by virtue of where you got your education (Argentina rather that the US). Generally speaking, yes. A US trained lawyer with good grades from a good law school will have more job offers. However, if you can play to your strengths by emphasizing your niche (Argentine law knowledge), and find an employer who needs just that, there may be an ideal job for you.
Your ability to find a job in the US really depends on your ability to network effectively. Use your time in Argentina to make as many contacts as you can with Argentines doing business in the US. Even if they are not in a position to hire you, they can make valuable introductions to others in the US for you. Likewise, during trips to the US during the next few years, continue such networking on the US side. In fact, you might go ahead and get involved in the International Law Section of the ABA now and start building contacts. As a student, your membership rate will be lower.
By the way, I just wrote a chapter about moving up the international law career ladder for the upcoming third edition of the Careers in International Law book published by the ABA’s International Law Section. Keep your eyes peeled (or check my blog) down the road to see when the third edition is released. All of the chapters will have info. that may be useful.
All the best,
Janet
International lawyers of various nationalities email me for rainmaking tips. Often they are working in countries other than their homelands, such as Indian attorneys practicing in the United States, German lawyers working in Argentina, or American attorneys practicing in Hong Kong.
Regardless of your national heritage, your background can be a real client development asset in that it gives you a unique perspective–and perhaps an advantage over–equally qualified attorneys with a different heritage. Your background must be a compliment to (but not subsitute for) stellar legal skills, and so showing a prospective client that you have the requisite legal acumen is key.
Last week Donald Prophete of Ogletree Deakins explored this topic with Michael Cummings through The Law Marketing Portal, As an African-American partner in his law firm, he routinely thinks about this topic. Prophete notes that after he establishes his value with a potential client, ”my heritage may be an asset because it can be an advantage for me over other attorneys they may be considering for the work. So, my diverse background complements the business value I provide.”
Similarly, international lawyers may find that they share the same national heritage as certain prospective clients, or that their heritage gives them particular insights into the project at hand–or even the clients on the other side.
Regardless, use your national heritage to your advantage. If you are located abroad, be sure and network with other nationals of your heritage who may become good referral sources. Expats often enjoy connecting with expats from the same country. And as Prophete suggests, look for other professionals of your heritage to mentor you as you grow your practice, even if they work in different fields. This holds true for lawyers both in and outside private practice.
“How can I get my international law dream job?” Lawyers often ask me this question. The truth is, if you were not at the top of your class from a top tier school, your path may be bumpy. Your path may have twists and turns without a dream job clearly in sight.
However, as I am explaining in my upcoming chapter for the new edition of Careers in International Law, if you persevere, network relentlessly, exercise excellent people skills, perform great work, develop expertise, brand yourself effectively, and willingly “zigzag” throughout your career, you will eventually succeed. You may not end up with the job that you originally envisioned, but from my observation, really determined lawyers who aspire to international careers eventually get one. (In fact, nowadays it’s even easier to do so as the number of international law jobs increases. Thanks, Globalization!)
How do these lawyers do it? As mentioned, they position themselves for success. And, they are willing to take a job just to move another rung up the ladder. Perhaps they take a particular job to acquire a needed skill or break into an industry. Or, perhaps they take an otherwise unpalatable job for the resume boost that it offers, knowing that they will eventually zig-zag up to a better position.
This came to mind when I read yesterday’s Wall Street Journal Law Blog post interviewing Cameron Stracher, author of Dinner with Dad. The media lawyer and New York Law School professor dished about a variety of topics. When asked whether he advises his law students to take positions at grueling firms like Sullivan & Cromwell, the author stated, ”And honestly most of the time I tell them that they should because I know that as unhappy as I know they’re going to be, they need that on their resume to go somewhere where they might be happier.”
Bingo. As you zig-zag up the international law career ladder, you might need to accept–albeit temporarily–a job at a prestigious sweat shop because working there will give you instant credibility down the line. Keep your eye on the prize.
While speaking at last week’s Law Firm Growth Management Conference in New York, I met fellow speaker Arnie Hertz of Legal Sanity. Arnie, and his fellow panel members Jonathan Frieden, Jim Hassett and Peter Marx shared advice on maximizing law firm blogs to enhance visibility and showcase expertise.
Arnie’s current Legal Sanity blog post on this topic raises another important, but not often mentioned, advantage of having young lawyers blog for their law firms: fostering meaningful relationships between senior attorneys and “often marginalized and disengaged” young attorneys. Arnie aptly notes that allowing young lawyers to blog for their firm sends a message that the firm values them and wants to keep them engaged.
Law firms with international practices would particularly benefit from this strategy. Many international firms reserve work on sophisticated international litigation, arbitration and business transactions for the cream of the crop–the cognoscenti. And so, many young attorneys have a hard time getting any real international experience.
Yet, as globalization spreads, more and more young attorneys are drawn to the international field. So, how can law firms keep these aspiring international lawyers engaged and cut down on costly attrition?
Allowing young lawyers to draft firm blog posts (albeit with supervision and final sign off) would engage young associates in a way that taps into their Generation Y values. It’s also a way to give young lawyers a taste of the international practice when putting them to work on a particular client matter doesn’t make economic sense (due to international travel costs etc…)
Recent law grads also enter law firms full of energy and eagerness. Their writing skills are also fresh from the law journal grind. Why not tap into that energy for your firm’s blog?
