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Going Over to the Business Side of the Fence [By A. Harrison Barnes] Several years ago, I was at a seminar and a brilliant lawyer introduced himself to the group. The lawyer had recently retired; however, he had spent the better part of his career working for a major motion picture studio. He was a Harvard Law School graduate and one of the most relaxed and carefree attorneys I had ever met. He lived in Malibu, CA, on a street where I estimate the houses ran somewhere around $5 million and up. He was so “unlawyerlike” that I approached him and asked him what sort of law he practiced. I had never met an attorney like him.
The man was very happy but often mumbled
attorneys about their careers. There is a rare
If you take a hunting dog out in a field and
to himself from time to time as he thought. I
breed of attorney out there that does not
show it a tennis ball, the dog will likely
do not think he had ever been married, and
practice law and simply practices business
start shaking out of excitement. The dog
he had a lot of presence, but it was not the
in an advisory capacity inside corporations.
will know that if you throw the ball, it will
sort of presence a law firm or corporation
In many respects, I believe this is one of the
have the opportunity to chase it and return
would want to show off to the outside world.
rarest sorts of attorneys out there. It is as
it to you. The dog is like this because it is
He also was not the savviest dresser; for
if these attorneys are taking the skills of
in its blood. The dog is bred to chase, and
example, his socks did not match. Moreover,
the best litigators (oratory skills, the ability
psychologically, emotionally, and in every
he did not seem to have the best hygiene. He
to read people, the ability to understand
other way, it wants to chase the ball. Some
probably shaved and/or trimmed his beard
the motivations underlying what people
hunting dogs, such as Britney Spaniels, will
no more than a couple of times per year.
are thinking, and the ability to package
chase balls over and over again until they
and market ideas) and corporate attorneys
die. Their love of the chase is so strong that
What made the man interesting to me was
(the ability to understand business issues,
it is quite literally in their bones.
that whenever he said something or made
the ability to see small details and their
an observation, he seemed dead-on. He
significance, and the ability to negotiate
When an attorney who is more interested
would watch people in our group and make
effectively) and combining them with an
in the business side of things is presented
observations that were incredibly accurate.
understanding of forces that operate in the
with any legal issue—be it a case or a
market and how they shape events.
transaction—he or she is likely going to be
“I practiced for one year at Irell,” he told me.
most interested psychologically, emotionally,
“Then I went to work at a major studio. They
The purpose of this article is to examine the
and in every other way in what is going on
very quickly figured out I was not that good at
characteristics that make someone a good
from a business point of view. If it is a drug-
practicing law but had a real knack for very
attorney-businessman. The better you are
dealing criminal case, the attorney will most
good opinions about what the other side was
at something (e.g., business or the practice
likely be concerned with questions about how
going to do in a negotiation. Essentially, all
of law), the more likely you are to move
much the dealer paid for the drugs, the profit
I did throughout my career was spend the
toward doing it. For the attorney desiring to
he or she sold the drugs at, and the chain of
majority of my time writing memos about
go in-house, I think this is an exceptionally
possession in terms of where the drugs came
what I thought the other side was going to do
important examination of a very important
from. This type of attorney might even think
in a studio negotiation—just my opinions and
topic. If you have no business on the business
in terms of cost-benefit analysis and reach
no law. In fact, I got very rich doing this.”
side of things, you are in for trouble and will
conclusions about the efficacy of dealing
likely not do well. If you have a good head for
drugs as a business venture.
He went on to tell me that he had been in
business, you should be in-house.
magazines like Vanity Fair and that he had
You see, some people are born to do certain
frequently attended parties and befriended
Below, I will describe the major
things, and others are not. It is all about what
numerous stars. He would mumble about
characteristics of the attorney who belongs
you love. I like to do yoga, and at the studio
how so and so was crazy, so and so was
on the business side of the equation.
I go to, there are a bunch of people who get
generous, and so forth. He was almost, in
up at 4:00 a.m. every day to go there to do a
many respects, like a comic jester of sorts—a
1. The attorney who belongs on the
special type of yoga. For the time being, this
very interesting person to have around.
business side of the equation is more
is not something that appeals to me in the
interested in the business elements of what
slightest, but for others it is.
Throughout my career, I have met thousands
is going on than he or she is in the legal
of lawyers and counseled thousands of
implications.
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If you really, really want to be on the
Working as an asphalt contractor is tough,
of mistake I have often witnessed occurs
business side of things and you belong
and it requires a lot of street smarts and
when the attorney has a lot of small clients
on the business side of things, then you
hustle. This was the best experience I ever
who are primarily entrepreneurs with little
should already be there. You most likely are
had, and it taught me a lot.
education. Such entrepreneurs are often very impressed by the credentials of the
spending the majority of your time thinking about the business side of what you are
Having a business background, being a legal
attorney and will turn to him or her for all
doing. You probably have also been attracted
recruiter, and also being an attorney have
sorts of advice. Their lack of education will
to the business side of things for a long, long
given me the ability to see attorneys from
make them more prone to using the advice
time anyway and do not need anyone to tell
these various perspectives. One thing that I
of attorneys than they might otherwise be,
you this is what you want. Just hearing about
have clearly noticed is that the ability to be
and the attorneys giving advice to these
the business side of things should conjure up
good at practicing law does not translate
entrepreneurs will often very quickly become
many ideas in your mind about what you can
into the ability to be good at business, and
disillusioned that they are smarter than
accomplish with the problem at hand.
vice versa. I have seen countless attorneys
their clients and would have much greater
from top law schools and firms go into
success running their clients’ businesses.
Conversely, I can always spot “true lawyers”
business with arrogant attitudes, assuming
because whenever they hear about an
that the ability to be a good businessperson
I used to spend a lot of time flying small,
issue, their minds start running to all the
is similar to the ability to practice law. In my
single propeller airplanes. In Los Angeles,
legal implications of whatever is involved;
experience, nothing could be further from
where I live, there are a lot of people who
that is where their minds go instinctively.
the truth. With only some exceptions, I have
own jets. Jets are very, very expensive, and
You cannot fake this kind of passion, and it
met few attorneys with good business skills.
a decent one costs at least $6 million, if it is small; then you need to pay thousands of
goes without saying that there are certain people who really belong on the legal
Attorneys, however, often believe that they
dollars per hour to fly it, store it when you
side of whatever they are doing. The law
have good business skills. More often than
are not flying it, maintain it, overhaul it once
is fascinating to them, and their minds
not, they end up giving clients other advice in
every year, pay for insurance, and pay for
simply work like that. This is a good thing.
addition to legal advice, eventually coming to
the pilot’s salary and lodging wherever you
It demonstrates why an attorney should be
believe that they know what they are doing in
travel. (Most of the guys flying around in
practicing law to begin with. If your mind
the business arena based on this association.
these things have their own private pilots.)
does not work this way, you should not
When a company or person is being
be practicing law—especially if you are
counseled by an attorney, the attorney and
Small airports are small communities. There
passionate about the business side of things.
his or her advice is often only a small part of
are usually a couple of guys who operate a
the equation, however. There are numerous
fuel truck or man the pump at the airport.
2. The fact that you are good at law does not
factors that the company and others will rely
In flight schools, the instructors and others
mean you are good at business; you need to
upon in reaching a decision and, most often,
know who owns which plane, for example.
understand both fields before acting.
the attorney’s advice will be a smaller part of
When I consider the many private jet owners
the equation.
I have encountered over the years, I do not think a single one of them was an attorney.
From the time I was 18 years old until the time I was 26 years old, I spent my
Remember that the fact that you are good at
Rather, they were guys who owned car wash
summers, and virtually all of my free time,
one thing does not mean that you are likely
chains, ran phone book printing operations,
working as an asphalt contractor. This
to be good at another. Attorneys are typically
manufactured rolls of aluminum for sale to
position involved going out and selling
quite risk averse, always looking for ways
China, manufactured cardboard boxes for
asphalt services to homeowners, then to
to preserve what is already there. Business
television sets, and did other similar things.
businesses, and, eventually, to cities. I was
people may or may not have some of the
very good at this, in many respects. It was
same objectives; however, they are also most
Most of these guys had very little education,
only by accident that I did not end up doing
often concerned with expansion, catering to
and when they did, they generally had gone
this for a living. I was so convinced that I
other people’s interests, and getting more
to schools that would not impress most
was going to do this that I was applying to
business.
attorneys. Most of these guys also had big law firms like Latham and Watkins and
master’s degree programs in construction and asphalt management my last year of
Before you jump in on the business side of
Skadden Arps working for them. Most of
college and only ended up taking the LSAT
the equation, you need to make sure that
these guys probably had not worked in law
at the last second—in March of that year.
you understand what you are doing. One type
firms like these, and most of the attorneys
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in these law firms could never have done the
There are a hell of a lot of easier ways to
If you are brilliant enough and have enough
things these entrepreneurs were doing; it is
make money than by being an attorney.
wits, you can find these sorts of jobs, and
simply a fact. Even if an attorney is good at
Would you believe that there are tons of
they are somewhat plentiful. People seem
one thing, he or she is not necessarily going
people out there with no knowledge of
to love these sorts of attorneys in the Los
to be good at another. Being an extraordinary
medicine making $500,000+ annually selling
Angeles area, for example. I once knew a guy
businessperson is very different from being
pharmaceuticals to doctors? There are also
who worked for a studio mogul and spent
an extraordinary attorney.
tons of auto dealerships at which the average
most of his time negotiating with architects,
sales associate makes more than $125,000
art dealers, and others for the mogul. He
3. If you thrive on expansionist (as opposed
per year, and you cannot stay employed at
made an exceptional living. I have also
to reductionist) thinking, you are likely to be
these dealerships unless you do, too.
seen countless attorneys leave lucrative
a good businessperson. A good attorney will reduce things to their essentials and parse the facts out for display. Conversely, a good businessperson will lay out the facts, as well, but will also think about how to grab onto the most facts and make them into something significant, asking himself or herself, “What can be done to make this bigger and better?” If you are the latter, you likely know it. If you are unsure, that should tell you something right there. 4. If people imagine you in business and not as an attorney, this should tell you something. People who should be practicing law are often quite recognizable to others. People who are supposed to be attorneys will hear other people say they “look” and “seem” like attorneys. People who belong in business will hear people close to them saying the opposite. If you belong in business, you will have heard people say so. 5. If you went to law school to make money, you may belong in business.
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partnerships in law firms to go in-house and People who are most interested in making
work inside companies in advisory roles.
money often do not belong in the practice
The ones who truly have business skills very
of law. If you are good at practicing law and
quickly leave the practice of law.
truly enjoy it, you may make a lot of money doing it—but the interest in simply making
If you want to be treated like a lawyer,
money is generally most appealing to people
respected like a lawyer, and turned to for
on the business side of the fence.
advice like a lawyer, the best-kept secret out there is that you should go in-house and
Conclusions
work inside a corporation—and then get yourself on the business side of things. The
Do you belong on the business side of
role of an attorney in-house is often not a fun
things? You need to reach within yourself and
one. Unlike other sorts of attorneys (such
ask questions relevant to deciding whether
as those working inside law firms), in-house
this is really for you. If being on the business
attorneys usually are not cherished assets
side of things is for you, the chances are
to their organizations. In-house attorneys do
very good that you already have an innate
not generate revenue for their companies;
interest in business and are drawn to it on a
instead, they spend the majority of their
cerebral—and even a spiritual—level.
time telling the management and others within the organization why they cannot do
Being on the business side of things does
the things they want to. When you are on the
not necessarily mean more opportunity. For
business side of things, you can push to do
a good attorney, there is more opportunity
certain things that will actually expand the
practicing law if that is what he or she is
business you are working in.
most interested in; however, for an attorney who is interested in the business side of things and finds them more interesting than practicing law on a day-to-day basis, an inhouse job is often the very best ticket.