Friday, 2 March 2012

second for reading

Being a Happy and Successful Lawyer

Stephen C. Ellis is the managing partner at the law firm of Tucker, Ellis & West.

What follows is the commencement address he gave at Case Western reserve School of Law in Cleveland, Ohio on May 19, 2008.

The title of his remarks is "On Being a Happy(and Successful) Lawyer"
***

Thank you Dean Simson. Even after that gracious introduction, I can guess what most of you are thinking. Who is this guy?

The most informative parts of my background are not in my public bio, so let me tell you a little more to help set the stage for what I’ll be talking about. First, I am a lifetime Cleveland resident. I am married to my high school sweetheart of 40 years ago, and in 1972, I graduated from this great law school.

Other than talking my wife into marrying me and our terrific sons and grandchildren, attending this school is hands down the most important event of my life. My three years here changed everything for me. The sort of squared away corporate type you see standing here this afternoon bears no resemblance to the bell bottomed, lamb chop side-burned college kid of 40 years ago. I look at photos of me and my friend back then and it looks like we were transported here from a strange place very far away.

Before showing up here in the fall of 1969, I was the fun guy your parents wanted you to stay away from. In fact I essentially majored in fun at Denison University, and with graduation looming I was looking for something to do besides start working. A bright enough student bored by academics, I took the LSAT’s on a flyer, slightly hung over (to my earlier point), and did great, good enough to get me on the waiting list at Case. Back then, when Case was just starting to become a highly respected school, the waiting list was pretty short and didn’t take long to clear, so I got in.

By the third week I was totally hooked. I loved law school and the idea that I would know the rules of how society worked — like someone gave me the back of the Scrabble box. I did very well at our school and for the first time, started to think of myself as someone who could actually accomplish things.

In the summer of ’71 I took a job as a summer clerk at what was Arter & Hadden, a 70 lawyer Cleveland firm. Starting as a trial lawyer. I went on to be a transactional M&A/finance type and was able to build a successful, really fun practice. At the too early age of 43 I became managing partner, and ran the place for ten years as it grew to a nearly 500 lawyer firm. In 2000 a friend and colleague took over as managing partner and three years later in 2003, that nearly 160-year-old firm, and my only job for 30 years, collapsed.

Now if it’s true that we only learn from our mistakes, with all the degrees that surround me, I am without a doubt the best educated person in the room. But this story has an unbelievably happy ending, because the Cleveland office of Arter & Hadden didn’t scatter and collapse into finger pointing lawsuits like virtually every other failed firm. Our lawyers turned down all sorts of great offers to jump ship. We put our money up, signed personally for the bank loan to get started, and chose to stay together as a team. All but perhaps 5 or 6 of our partners, associates and staff, maybe 200 people, threw their lots in together, and we formed Tucker Ellis & West, which is a truly great place to practice.

So, it’s been 36 years since I was sitting where you are, waiting for someone like me to finish, and I still love being a lawyer. Every day brings new issues to wrestle, I spend my time with bright, completely engaged people, and all of my clients are people I’m proud to call my friends. I find myself very close to my lifelong goal of not spending one second doing things I don’t want to do or being with people I don’t want to be with.

I tell you all of this not to brag - well at least that’s not the only reason - but because our new firm rose out of some hard simple truths about what’s good and not so good about being a lawyer today.

The fact is our profession has become increasingly unhappy over the past couple of decades. I am convinced the vast majority of that unhappiness derives from a singleseemingly innocuous event in the late 1980’s: The American Lawyer magazine began publishing the AM LAW 100, and listed the profits per partner of the 100 largest firms. Virtually all of the firms in this country immediately bought in to that statistic as the only credible measure of success. The game was on - we lawyers would now take our measure almost entirely from money, at least in terms of what was publicly discussed. Without question, integrity, service and professionalism were important, but how we measured ourselves was money.

This was a terrible mistake and now, more and more of us see its dark implications: the bragging rights on how many billable hours we charge (and the matching lost weekends and evenings); rates that are topping $1000 an hour; and clients who believe their files are being worked to death by armies of inexperienced associates. All of this so the largest firms can bump their statistical rankings and everybody else can compare themselves to the published stars.

But the worst of all this is: that we’ve chosen simply money, as our measure of success. It’s too simple to say, “Money is the root of all evil” because it’s not. And I know that the absence of money is a pretty good predicator of unhappiness. But money, just money all by itself, does not provide a sense of worth or accomplishment, or even peace of mind. The fact is, it’s in our DNA to always want a little more, and getting more only feeds the need to get a little more.

Here’s the formula on personal budgets that if you don’t already know, you soon will. I know all of your parents know this. And you should write this formula down because it’s as immutable as a law of physics. Your monthly expenses always equal your monthly income plus $300. No matter what, we’re all looking for “just a little more”.

Now we’re going to do a ten second experiment. Take a moment and reflect on the occasions when you felt truly happy - and please don’t name ‘listening to this talk”. [8 seconds of silence]

I submit that not one of you is thinking about money or material things. Our best times are always with people we care about, doing things that bring us closer together. But knowing that, we let ourselves climb on this treadmill, running harder and harder, like that donkey trying to catch the carrot on a stick.

I believe this is beginning to change, at least in the arena where lawyers have to keep increasing the hours they devote to work. Hours are being recognized as an irrational measure of value. Nobody calls a lawyer asking them to please spend twenty hours on a project. Clients want to pay us for what we do, not how long it takes us to do it.

In fact, a growing minority of lawyers and clients are starting to move away from hours as the basis for fees. The feature of Tucker Ellis & West about which I am most proud is that we have no billable hour requirement. We value our people for what they accomplish. And that decision has been hugely liberating for us.

I submit there’s much more to being a satisfied lawyer than making a lot of money. Back when I was running Arter & Hadden I would speak to our incoming class of associates and suggest that if their career goal as lawyers was to get rich, they should seriously consider a career change. My point was that most law practices by their nature are designed to produce a comfortable living, not make us rich. We don’t take big financial risks, we don’t make critical business decisions, we are fundamentally well educated consultants.

If you’ve decided to become a lawyer solely to make money if to you it’s simply a job I fear you’ll hate it. As a career and a calling it’s great, and unbelievably interesting, but as simply a job, it’s way too hard and stressful. It’s the people, the pace and the endless puzzles of the law that make being a lawyer fulfilling. If you want tons of money for working twenty hours a day and nausea-inducing stress, Wall Street investment banking may be just the thing . In that business the grand old men are burnt out at 45.

Over the past few years I’ve come to some conclusions on finding guideposts that will give us lawyers the best chance of being successful, in the sense of truly enjoying our lives and careers as lawyers. They are simple, some might say “trite”. But 36 years of listening to happy and desperately unhappy lawyers and watching colleagues succeed as lawyers and people, and some fail, I know that these may be cliché’s, but I also know they are true.

I’m going to talk about a handful of these “truisms”, only a couple of which I’ve made up, on being a successful lawyer in the sense of being fulfilled. Just so you know how close I am to wrapping up, there are nine of these, and they’re pretty short.

First, be someone others count on. Most folks talk a good game; very few come through.Clients come to you because they have a situation they cannot solve on their own. Most are not looking for an analysis of the law. Most want you to solve a problem. So solve it, don’t add to their problem by being hard to find, by missing deadlines, or by simply describing their problem back to them. It’s like going to the dentist when you have a toothache. You want it fixed and you want it fixed now. That’s what a client wants every time they talk to you. Walk in with a problem, walk out with a solution.

What they want is someone they can count on to make their lives simpler, to accomplish what they want accomplished. If you can simply do that, you’ll be sought out as an extraordinarily effective lawyer. And there is a real difference in your sense of self between being simply a resource; somebody who knows the law, and the person that people count on to solve their problems.

Second - be an interesting person, for your own good and so that clients think of you as more than a lawyer. A decent definition of hell is a dinner party companion who is a first year lawyer on the day after his or her first trial. Law stuff is interesting mostly to lawyers. In fact, it’s real interesting to lawyers, so that’s what we talk about all the time, just like you talk about law school all the time.

Force yourself to do be able to talk about more than law - read books, go to movies, be part of politics, go to lectures. You’ll meet people, you’ll be able to talk about things that other people find interesting, and you won’t burn out on your job.

The horror stories you hear about associates working 2500 hours a year? You will be surprised when you see how much of that is self imposed. These young lawyers get caught up in the chase and find that what they’re doing more interesting than anything else- so they become that boring self absorbed dining companion. The world’s full of great people with jobs and hobbies that are just as demanding and just as fascinating as yours, (assuming you make yourself get a hobby). Learn about them. You’ll be happier and much more fun to be with.

Here is another obvious but ignored truth. Look out for yourself. Nobody cares about you like you do except maybe your parents, and you won’t be working for them. My late and very wise father used to tell me to not worry about what people were thinking about me, because they weren’t. They were thinking about themselves.

Your employer may have a mentoring program, but nobody is mentored into a success. Mentors are important, but they are only a resource. Accept that you are in charge of your success.

So if you think you need experience in an area, make it your business to go get it. Ask somebody; don’t wait for it to come along. Don’t wait for somebody to notice that you’re missing an important skill. Ask for a promotion - people aren’t watching what you do as carefully as you think or hope.

Also, determination matters. It matters more than intellect. The streets are littered with directionless geniuses with unexecuted good ideas. . Woody Allen had it pretty dead on when be said that 90% of success is simply showing up. You won’t suddenly have a great career. Nobody ever does. The secret is simple- great careers are the result of day after day deciding to do good work and being someone who others count on.

Be enthusiastic. Because we deal in rules, it’s real easy to fall into cataloging all the reasons something won’t work or why somebody shouldn’t do something. In fact, we lawyers take pride in being the first one to find fault with an idea. Makes us look smart. In my days as managing partner I would roll out a strategic initiative, and I could see my partner’s eyes starting to spin. Who would get the prize for being the first one to spot the flaw?

Clients want to do things - they don’t call you so they can not do things. They want to stay in the borders of the law, but they want to be told how to do what they want to do. And they want to know that you’re happy to be part of what they’re doing. There is no better way to end a client meeting than saying “This is going to be great” and to mean it. It’s fun to be charged up - to add energy to every conversation.

Trust yourself. You are a very bright person or you wouldn’t be here today. I think among the most important conclusions I came to as a young lawyer was that if I didn’t understand something, it was because the thing in fact didn’t make sense, not because I was stupid. Most of the times I’ve found myself in hot water it’s because I let a conversation continue past the point where I understood what was being said. And virtually every time I would say “stop, I’m not following this,” someone would come up to me after the meeting and say “Boy I’m glad you said that. I had no idea what we were talking about.”

Get involved. Organize the reunion or the bicycle race. Chair the church committee. Help people who have not enjoyed your good fortune. You have spent three years learning how to organize your thoughts, analyze a situation, and articulate action plans. Use those skills everywhere in your life. Stuff will get done, people will appreciate your initiative, and you will derive great satisfaction from making things better.

Here are my final two unappreciated but clearly true truths: The toughest lawyer is not the one who is the most obnoxious. Clients will say they want a tough son of a gun to make somebody life’s miserable, a real bulldog, etc.

Don’t be that person. It’s been my 100% uniform experience that the bulldog only adds time, expense, stress and confusion to an otherwise inevitable result. Even clients can’t stand them after a couple of months. You want to be tough? Have the best preparation on the facts, the law and the strategy. Judges care only about those things, not a whit for bluster. Bullies are jerks, they wreck the profession for everyone, and you can beat them every time.

And finally and hands down most importantly, and please pass this on to your friends and your children, because it’s really important — Be nice and have fun. Just doing that makes life better for everybody, mostly you.

And now really finally, and this is not a truth, but what I think you should do - thank the people who have helped you get to where you are today, and fully enjoy this moment - you have earned it.

I am honored to have this opportunity today and I wish all of you good fortune, and fun, in this great profession. To each of you, “This is going to be great.”


*Be who you are*

Wednesday, 29 February 2012

美丽的第七天

天灰灰,这几天都是这样子了,不是下雨,就是天黑黑,弄得湿嗒嗒的。 虽然雨能够清洗大地,可是雨一样能够弄脏大地。当太阳出来时就吵着喊热,当雨哗啦啦来了又嫌麻烦。。。

人就是那么矛盾不是吗?一件事情的发生不尽是坏事,可是人却往往爱把它归类。。 分类的,是我们想法的角度而以。凡是两面看,好的看多一点。。

今天我的思想有点混乱,听了朋友的故事后,她说人的想法会变,想要的东西会变。当另一半不了解她想要的东西时,两人就走不下去了。当最大的难题摊开在太阳底下时,没人妥协,难题就会继续升温。或许,达不到共识是恋人最难超越的障碍。

当两个人想要到达不同的目标,除了牺牲,不然就是各走各的路。恋人到达分叉路口唯一的出口就是分手。要说“我要把你写在我的人生里,和你有个幸福的结局”然后牵手一起走, 还是“我只能把你放在我心中”潇洒的挥挥手呢? 这,是你想要的吗?

个性再倔强,道别时还是会辛酸难过的。 舍得吗?夜深人静时只有影子陪你渡过。耐得了寂寞吗?她说,爱情是个复杂的科目,怎样也学不会。

或许他们只是累了,也许还相爱,但,没人去维系彼此的感觉,没人愿意多做一份努力,一份忍让。

我忽然想起那“最美丽的第七天”,第一天遇见你,第二天爱上你,第三天和你在一起,第四天牵起你的手,第五天吻你,第六天嫁给你,第七天就一辈子了。如果爱情就只有七天,我想大家拥有的都是美好的回忆,对吗?



Monday, 27 February 2012

陪着我的

就是那么快,我跑到了我大学生涯的最后一圈。突然,我想放慢脚步 , 慢慢的和朋友一起好好的呼吸着空气中的氧气。 对这大学有的是留恋,但对未来有的是恐惧感。


4年,真的不短也不长,人生到此一游真的不枉此生了。当然,我们也一起长大了,很开心在这道路上遇见她们和他们,吵吵闹闹,又相亲相爱,哈哈!我们一起面对了当初所害怕的法律,我相信我们各自都能面对未来的挑战的。


网路上是这么说的:其实,陪着大雄的不是宜静,是哆啦a梦;其实,陪着小丸子的不是小玉,是花轮;其实,陪着柯南的不是小兰,是灰原哀;其实,陪着小樱的不是知世也不是小狼,是小可;其实.....其实,陪着我的不是我爱的人,是爱我的人;突然好想念这些童年不懂的回忆。。 我想,不爱我的人都不会要陪着我的,所以心存感激那些爱我的人。我也会陪着你们。。

Thursday, 16 February 2012

情歌。感动

*多麼想念你*戴佩妮

我多麼想念你   想念你無私愛我的勇氣
在慌亂城市裡 在昏暗深夜裡
你像是月光照亮每條小徑
我多麼想念你   想念你親口說你是愛我地
當喧鬧都暫停 都當人群都散去
你總是 為我開著那一盞燈  等我回去
我多麼忌妒你忌妒你我是多麼愛你地
不想讓你擔心 不要再有懷疑
所以我要親口對你說
我好想你 ~


*我們沒有在一起* 劉若英 

世界太複雜 你說單純很難
我當然都明白

可是呀只有你曾陪我在最初的地方
只有你才能了解我要的夢從來不大
我們沒有在一起至少還像情侶一樣
我痛的瘋的傷的在你面前哭得最慘

我知道你也不能帶我回到那個地方
你說你現在很好而且喜歡回憶很長
我們沒有在一起至少還像家人一樣
總是遠遠關心遠遠分享


我們沒有在一起至少還像朋友一樣
你遠遠的關心 其實更長


*愛情獨秀* Kopi 林國偉

一步一步走入沉默
我知道你帶著僞裝的笑容
選擇繼續不問是否
如果你也聽説 簾幕落下不代表劇終

説好爲了夢想拼搏
你卻在我不經意之下失蹤
多希望你依然故我
不須牽挂什麽 努力實現每一個衝動

愛情不是付出了許多
就能得到相同的溫柔
別把我當成朋友 我要你懂
糾纏在這種關係之中

愛情就像是一支獨秀
有時候沒人在你左右
怎樣都覺得不夠 找個藉口
讓你自由 屬於你的天空

把回憶留給昨天的你和我
快樂變成泡沫 傷心時最痛


*學不會* 林俊傑

我相信愛 能證明一切
夠真心 會超越時間
多付出 也多了喜悅 讓幸福蔓延
總是學不會 再聰明一點
記得自我保護 必要時候講些 善意謊言
總是學不會 真愛也有現實面
不是誰情願 就能夠解決
一次爭吵 一個心結 累積著改變 
內心疏遠 足夠秒殺 外表多濃烈
才發現愛 不代表一切
再真心 也會被阻絕
這世界 天天有詭雷 隨時會爆裂
還是學不會 少浪漫一點
拼命著想的事 未必帶來感動 或被感謝
還是學不會 解釋我最傷 最累
痛死都不願 怪誰
不是學不會 只是覺得愛 太美
值得去沉醉 流淚

Thursday, 2 February 2012

不需要理由吗?

西游记里的孙悟空说:曾經有一份真誠的愛擺在我的面前,但是我沒有珍惜, 等到失去的時候才後悔莫及,塵世間最痛苦的事莫過於此。

这句话说让我想起“爱我的人和我爱的人”之理论,现在我好像明白了“你不会和最爱的人一起,而爱你的人会陪你一生。” 就因为错过了最爱,才会珍惜后来的爱。而那个最爱,其实是幻想中的爱,因为有遐想而想要一起。 和自己最爱的人恋爱都是很美好的事,只是这种美好不会太长久“不要在乎永恒,只需在乎曾经拥有”。

 套用菩提子的理論:「愛一個人需要理由嗎?」 只是如果那份爱是用一辈子的寂寞厮守着,那就真的需要理由了。。永恒的是日月星辰,人太脆弱了,所以不要乞求永恒的守候。

Thursday, 19 January 2012

解放,新年快乐!

终于考试来到了尾声。。 又是时候放空自己。。可以好好的休息,真好。

但,考试完毕,也代表着我和工作不远了。 是时候计划了吗?

最讨厌要planning,可是自己的人生要自己主宰,要为以后的自己负责任。所以嘛,讨厌长大。

休息是为了走更长远的路。新年快乐,假期快乐~

Tuesday, 17 January 2012

New Year Mood

考试也差不多到尾声了。。这代表我和社会大学更靠近了。。但,也一味着新年要到了!!

我的心情就已经转变成新年mood.。最后一张乱乱来吧!哈哈。。。

长大的孩子,已经没有了童年时那么开心了。。 新年来临,我很高兴,就只因为要放假了。。 能够休息正好。 以我这副懒骨头,我很难想象我做工的情景。应该会生不如死吧?哈哈。。还是要挑个金龟嫁了算?哈哈。。可是金龟也不会看上我吧?唉。。靠自己好咯。。

如果世上有神灯,我的愿望是回到过去。。我想要过的再精彩!
但回忆始终是人生成长的足印。如果事事太完美,今天就不会耿耿于怀于过去,也不会从失败,痛苦,跌倒中学习。坦诚面对今天的自己,再无厘头地遐想和改变结局,只会令自己活在过去。

这几天有小小的郁闷,心情很差,只怪那梦太清晰了。。但我也很懊恼,明明是场梦,为何我要那么在意呢?或许心理数值很差,连不真实的事也要缭乱思绪让自己处在低潮状态。。

所以,今年的我,要更好好的修养心灵,为它添点氧气,也要让过去升华。祝福我吧!