The media has an uncanny way of playing on our collective psyches. All the doom and gloom about the economy and the dreaded “R” word is enough to make anyone expect a pink slip. But the reality is far more complex. Even in a recession, there are winners and losers. In the legal world, some lawyers will be busier, while others will be unaffected. I continue to receive phone calls from client firms who need to hire more help.

Of course if your specialty is real estate securitization, you may have already been sent packing by your large law firm. The part of the economy that is dependent on a healthy residential real estate market is clearly in trouble. So what to do? How do you make sense of what is happening at your own firm? My colleague Carey Bertolet has some good answers. This may also be a good time to read a piece I wrote about the demise of Testa Hurwitz, a high flying Boston firm that died after the dot.com bubble burst.

P.S. The image above comes from one of my favorite vendors of corporate parody, Despair.Com . Click on it to take a look at their “despairwear tm“.

The “Snark” effectively uses his sarcasm to articulate how large firm associates can move from being a “cog” to becoming a partner. The key is to try and distinguish yourself from the pack. Doing great work and billing a lot of hours will not set you apart from any of the other associates who are doing the same thing. He suggests 3 ways to effectively distinguish yourself: 1. cultivate your relationship with your rich uncle who is head of mergers and acquisitions of Ubercorp, 2. develop a marketable niche and 3. hitch your wagon to a powerful partner.

These are all good suggestions but only one of them is easily achievable regardless of your background: develop a niche. Developing a niche does not mean that you will not do other types of work. The “niche” is what you use to market yourself. Pretty much anyone can develop a niche. All you have to do is start writing and speaking about a subject and suddenly, the world will see you as an expert (maybe this is a little simplistic, but you get the idea.) Just beware of the “pigeon hole”.

Having rich and powerful family members who can give work back to your firm is not something that most associates can claim. But learning how to make rain is important and it is never too soon to start. Furthermore, almost any associate can get out of the office and begin cultivating business relationships. So if you don’t have a rich uncle, start thinking about building those relationships outside of the firm. It is unlikely that you will receive encouragement to do this when you are a junior associate. But over time, these relationships will position you to generate work. More importantly, your business development potential will be seen as a very positive factor when you are up for partner.

Finally, while hitching your wagon to a powerful partner may increase your chances at partnership time, this is a risky strategy. Even if you are fortunate enough to develop a good working relationship with a particular partner, your read on that partner’s position in the firm may not be correct (you don’t attend partnership meetings and you are not privy to behind the scenes discussions amongst partners.) In addition, given the rate of change in the legal profession, that partner may leave and with his departure will go all of your political capital. A safer strategy is to get known by many partners and to volunteer to work on interdepartmental committees so that you cultivate relationships outside of your practice group.

I’m a political junkie. While I confess I am growing tired of the current presidential race (can’t someone figure out how to move us out of the perpetual election campaign that now begins the day after the president is inaugurated), I find a lot of good life lessons by watching politicians.

Take John McCain, for example. Six months ago, this guy was political dead meat. This past Saturday, he moved a step closer to the Republican nomination by winning in South Carolina, a state which has chosen the Republican candidate in every race since 1980.

It certainly helps him that the facts on the ground in Iraq look a little better than they did before the “surge”. But what strikes me most about a politician like Mac is that even in the face of utter adversity, he is unwilling to give up. (Maybe every challenge in his life pales in comparison to the challenges of surviving as a P.O.W. in Viet Nam.)

It takes a lot of narcissism to believe that you are competent to be the leader of the free world. I’m sure that McCain is no different in this regard from any of the other candidates. But McCain also demonstrates a tremendous determination to go on.

My takeaway is that persistence will get you far in life. Despite all the odds, McCain believes he can win and he continues to act like it.

This kind of thinking is far removed from the ordinary mindset of a typical lawyer. Lawyers predict problems. Lawyers counsel client on risks and how to avoid risks.

If you want to build a law practice, however, you need to think like a politician. You need to meet a lot of potential clients and referral sources even though the odds are small that they will have a present need for your services. Over time, it is this determination that will get you the work that you want and deserve.

Sure the news in the papers is bleak. Yes it does seem like we are headed for a recession. But in the long run, your clients will need legal services, in good times and in bad. So stop wallowing in the bad news. Go out for lunch. Send a few e-mail messages. Think like Mac. Just do me a favor and don’t vote for him! I’m ready for a Democrat.

Well, I’m back. In case you were wondering why this blog has been inactive since mid-December, I have been busy following my own advice (i.e. taking a 2 week vacation and NOT checking in.) Although I am severely jet lagged today, and somewhat depressed to leave behind a tropical paradise in exchange for the crappy weather that comes in January in Boston, I can honestly say that I am completely converted! Two weeks away in the sun in a different time zone is a very healthy way to end the year. Disconnecting is a great way to get rid of headaches and improve your digestive system!

I have a lot more to say on this subject, but I also have a lot of catching up to do. So I will simply end this post with a link to an interview I did just before I left. The interview is with Cole Silver of FindCareerSuccess.Com . Cole is a lawyer who consults with attorneys and other professionals on career and marketing issues. He has worked both in a law firm environment and as a general counsel. The interview provides an overview of ways that lawyers can get more out of their law firm experience.

Like many lawyers, I grew up in a family where it was considered bad form to brag. I remember hearing my father (a math professor) speak disparagingly about businessmen and politicians. In his words, they were “operators”. He valued achievement and in particular, academic achievement. Success that derived from fast talking was “cheating”.

And so at an early age, I learned to temper my own bragging. Bragging was saved for indisputable accomplishment (a perfect score on an exam, first place in a competition, etc.)

As an adult, I’ve become much better at tooting my own horn. I’ve come to realize that there is nothing wrong with telling the world about your successes as long as you have earned them. In fact telling your clients, superiors, friends and family about what you have achieved is important on many levels. For starters, there are many far less deserving individuals who are only too happy to take credit. In addition, clients like to hear about your success because it reinforces the notion that they were right to hire you in the first place. Finally, the reactions you get can help reinforce your success to create more success.

When I found out that this blog had been selected for the ABA Journal Blawg 100, my initial reaction was: wow, that’s great. But did I really deserve to be selected? Then I realized that this was news that I needed to share. So I started telling friends and colleagues. As the congratulations poured in, I realized that I should get the word out more broadly. So I began to e-mail more of my professional contacts. I sent notices to my alumni journals and contacted several journalists. I realized that this news was too good to keep to myself.

Successes are a great excuse to communicate with your professional contacts (or your superiors.) Don’t be bashful about letting everyone know what you have accomplished and do not assume that they have already heard. People like to hear good news and sharing good news is a sure way to have your ego stroked. Did you get a good result for a client in or out of the courtroom? Let your colleagues at the firm know. Were you appointed to a high profile committee in or out of your firm? Contact your college and law school alumni publications. It may be bragging, but if you have done the work, you may as well get the credit and there are many times in life where we get no credit for our good work and deeds.

It’s that time of year again when law firms will be making decisions about who has a future. Given the way the message is often delivered (i.e. indirectly and in a manner intended not to offend the associate), not everyone understands when all signs point to the door. Sometimes, work assignments begin to dry up. Other times, the partner tells the associate that maybe the firm isn’t the right fit anymore. The “Snark” in Atlanta has more on the subject here for those of you who are not good at reading between the lines. This past Spring, my colleague Carey Bertolet also had a good article on the subject.

One way to avoid getting broad sided at a firm is be active in seeking out feedback. Don’t wait for your annual review to find out that your writing needs work. It is also worth learning how to be better at taking criticism. I wrote about that subject just after 9/11.

But fundamentally, the “Snark” has it right. When a firm is very busy and cannot afford to lose associates, the message you receive may be unduly optimistic. After all, there is work to be done. But when work slows down, that is when you’ll find out your true long term value to the firm.

There is a good article in CareerJournal.com today on accepting a counter offer. But anyone contemplating this strategy (i.e. using an offer from another firm in order to get what you want from a current employer) should beware. My BCG colleagues have written about the perils here and here.

My own philosophy is that counter offers can be used effectively for a very select and elite group. If you happen to be a superstar in every respect at your firm, but you are not getting the work or compensation that you feel you deserve, then maybe (just maybe) securing another offer is the way to go.

It is a very risky strategy, especially in a law firm environment where you’ll need broad support if you want to be elevated to the status of partner. So if you follow this strategy, heed the advice of Sarah Needleman in CareerJournal.Com.

As my children have moved through grade school, I’ve rediscovered one of my own childhood interests, baseball. And being a resident of Massachusetts, it’s hard not to love the Boston Red Sox, especially today, as we celebrate our second World Series victory in four years. I’ve also come to appreciate how much we can all learn by following America’s pastime.

Baseball teaches us that losing is the norm. A batter who gets a hit one out of every three times he is up at the plate is considered a superstar. A team that wins ten games in a row is on fire. Winners are not individuals who “win” all the time. Winners are individuals who know how to get past failure.

The World Champion Boston Red Sox were down three games to one in the ALCS playoff and came back to win the next three games. The Colorado Rockies, who were declared “out of it” long before the end of the baseball season (so much so that Major League Baseball did not even let them sell post-season tickets in August), did the unthinkable and won 13 of their last 14 regular season games only to clinch a playoff spot in a special playoff.

What this teaches us is that even champion teams fail. Even the best athletes have bad days. No one is successful all the time. So what have you failed at lately? How have you made your comeback? How have you turned losing into winning? Go Sox!

Several days ago, I reported on the good times that are being felt in the associate ranks at large firms. But I commented that these good times are not evenly spread across the legal profession. Today, the WSJ underscored this point with a very sobering article about lawyers who graduate from less prestigious law schools (special thanks to my colleague Suzanne Howe, a regular contributor to this blog.) It seems that the legal profession is rapidly becoming a profession of haves and have-nots.

But for anyone reading this more solemn version of reality, I would offer the same career advice. Don’t pay too much attention to the headlines. While the article cites several prominent examples of law school graduates who are unable to land permanent legal jobs, this probably overstates the case. Most law school graduates do find legal employment and most are able to meet their debt obligations without living in poverty. More importantly, any one individual only needs one job. While it may be a tougher to find your place if you don’t have the academics, you can still be successful if you work at it! It just may take a little longer and require a few more steps.

I join the 60 percent of Americans who believe that George W. Bush is not doing a good job as President of the United States. Nonetheless, I still think there are valuable career lessons that to learn by observing one of the worst Presidents in American history.

Attorney General Alberto Gonzales is a good case in point. By all objective measures, Gonzales should have lost his job months ago. In March, I wrote about the importance of integrity and predicted that Gonzales wouldn’t last a week.

Almost six months have past and Gonzales still has his job. Although members of both parties now believe that he has lied to Congress, Gonzales has continued to report to work every day as the Chief Law Enforcement officer of the U.S.

I still believe that integrity matters a lot (on the job and in life in general); but the case of Alberto Gonzales teaches something else. It teaches us that loyalty is the best way to maintain job security. Operate with integrity. But if you want to keep your job, demonstrate loyalty.

In short, if you can build strong relationships with your superiors, you will enjoy much greater job security. If powerful people in your organization support you because you have demonstrated a high level of loyalty in the past, then they are more likely to go to bat for you when the going gets tough.

Even from a purely political perspective, it is hard to see why Bush continues to support his Attorney General. Republicans and Democrats alike want him to go. But clearly, Gonzales’ relationship with Bush and past demonstrations of loyalty are helping Gonzales to stay in power despite huge odds. While I do not believe that this should be a substitute for acting with integrity, clearly, we can all benefit by showing some loyalty in the workplace.