Business of Law: 5 Rules Every Lawyer Should Live By

In February 1977, I embarked on my journey in private practice, a legal landscape predominantly shaped by white men and their favored institutions. Despite the increasing presence of Jewish lawyers and law firms, women and people of color remained underrepresented and unheard.

While the issues of racism and sexism persist in the legal profession, new challenges have arisen in the 21st-century, making professional success more elusive. The COVID-19 pandemic has exacerbated these hurdles, compounding long-standing problems. These challenges include an oversaturation of law schools, an unequal distribution of lawyers concentrated in major cities, and the transformative impact of technology on the legal business.

On a more positive note, there is growing scrutiny of the century-and-a-half-long dominance of a few elite law schools as gatekeepers to top legal positions. Notably, a prominent statistical analysis reveals that there is no correlation between the law school attended and success as a lawyer. Yes, it's zero.

Given this uncertainty, what advice can someone admitted to the New York Bar in 1972 offer to younger colleagues?

Navigating the Business of Law:

1. Embrace Opportunities

In hindsight, our success at Kaplan & Katzberg, a small white-collar criminal law firm, was often attributed to doing the right thing for somewhat unconventional reasons. Upon leaving the United States Attorney’s Office after four years, my partner, Ken Kaplan, and I believed that our relationships and experience would draw clients to our private practice. While lawyers are unquestionably professionals, in private practice, they also assume the role of businesspeople. Having the skills to perform legal tasks at a high level is one thing, but having clients willing to pay for those services is another matter.

As it turned out, the people and circumstances we expected to be our client base were more wishful thinking than a reality. Thankfully, unknown individuals and unforeseen circumstances laid the foundation for a thriving business that lasted for nearly four decades. The initial lesson here is to remain open to new opportunities.

2. Treat Everyone as a Potential Referral Source

A valuable insight came from Harry Kaplan, a seasoned courtroom lawyer and Ken’s father, in the early days of Kaplan & Katzberg in February 1977. During a lunch at the Transportation Building in lower Manhattan, he emphasized treating everyone—whether they are clients, colleagues, opponents, or judges—as potential sources of business. Because, in reality, that's what they are. You never know when someone you interact with professionally today may have the ability to refer a case to you or prevent you from becoming involved in one tomorrow.

3. “Good Lawyers Master the Art of Giving Up Nothing Graciously”

This adage, attributed to the renowned criminal defense lawyer Edward Bennett Williams, states, "Good lawyers master the art of giving up nothing graciously." When your adversary requests something from you, or when the court asks for something that doesn't significantly impact your position, a smart lawyer should gracefully comply. It costs nothing and helps you maintain a reputation for being fair and balanced. This reputation will serve you well when you need to make a request of your own.

4. Uphold Your Promises and Credibility

Among these principles, this one is the most challenging yet equally significant: Never make a promise unless you're certain you can deliver. Your credibility is your most precious asset, whether it's a commitment to a client, a statement to a colleague, a response to an adversary, or a declaration to a judge. It's the reason clients seek you out, why fellow lawyers value your input, and why judges hold you in high regard. Protecting your credibility should take precedence over ego, inattention, manipulation, or posturing.

5. It's All About Human Nature…

No matter what form the pandemic-safe legal practice takes, how the legal community evolves to better serve the public, how technology becomes integrated into the legal profession, or how legal education adapts to meet new challenges, one thing remains certain: human nature will always play a pivotal role in determining career outcomes.

Therefore, your interactions with others and their perceptions of you will be the key to your success or failure in the legal business. In short, interpersonal skills hold just as much weight as technical expertise, personal connections, professional experience, educational background, or any other factor.

1. Q: When did the author enter private practice, and what was the legal landscape like at that time?

A: The author entered private practice in February 1977, a time when the legal world was predominantly influenced by white men and their favored institutions.

2. Q: What challenges were women and people of color facing in the legal profession during the author's early years in private practice?

A: Women and people of color were rarely seen and heard in the legal profession, reflecting a lack of representation and opportunities.

3. Q: How has the COVID-19 pandemic affected the legal profession in the 21st century?

A: The pandemic has intensified existing challenges in the legal profession, making professional success more elusive.

4. Q: What are some of the specific challenges mentioned in the article that lawyers face today?

A: Challenges include the oversaturation of law schools, an uneven distribution of lawyers across major cities, and the impact of technology on the business of law.

5. Q: Is there a link between the law school attended and success as a lawyer, according to the article?

A: No, there is no correlation between the law school attended and success as a lawyer, as reported in the article.

6. Q: What advice does the author give to younger colleagues in the legal profession?

A: The author offers several pieces of advice, including being open to new opportunities and treating everyone as a potential source of referrals.

7. Q: How did the author explain the success of their law firm, Kaplan & Katzberg?

A: The author attributed their firm's success to doing the right thing for somewhat unconventional reasons.

8. Q: What role do interpersonal skills play in the legal profession, according to the article?

A: Interpersonal skills are as important as technical expertise, personal connections, professional experience, and educational background in the legal profession.

9. Q: What is the significance of treating everyone as a potential source of business in the legal profession?

A: It is essential because you never know when someone you interact with professionally today may refer a case to you or help you in the future.

10. Q: How does the author advise lawyers to handle requests from their opponents or the court?

A: Lawyers should graciously comply with reasonable requests, maintaining a fair and balanced reputation.

11. Q: What is the central theme of the advice given by the author regarding maintaining credibility?

A: Never make a promise unless you are certain you can deliver, as credibility is crucial in the legal profession.

12. Q: What is the role of human nature in determining career outcomes in the legal business?

A: Human nature remains a dominant factor in career outcomes, affecting how others perceive and interact with you.

13. Q: How long did Kaplan & Katzberg, the author's law firm, remain in business?

A: Kaplan & Katzberg thrived for nearly four decades.

14. Q: What is the significance of the author's statement that their success came from doing the right thing for the wrong reasons?

A: It highlights the unpredictability of success and the importance of staying open to new opportunities.

15. Q: How does the COVID-19 pandemic impact the legal profession according to the article?

A: The pandemic compounds existing challenges in the legal profession, making professional success more challenging.

16. Q: What is the author's view on the relationship between law school attended and success as a lawyer?

A: The author cites a report stating that there is no correlation between the law school attended and success as a lawyer.

17. Q: What is the central message of the author's advice to treat everyone as a potential source of business?

A: The key message is that relationships and interactions can lead to unexpected opportunities and referrals.

18. Q: How does the author emphasize the importance of maintaining credibility in the legal profession?

A: Credibility is described as the most precious asset, influencing clients, colleagues, adversaries, and judges' perception of you.

19. Q: What does the author consider to be equally significant to technical expertise in the legal profession?

A: Interpersonal skills are regarded as equally important as technical skills.

20. Q: What factors are mentioned as current challenges in the legal profession?

A: Challenges include the oversaturation of law schools, an uneven distribution of lawyers, and the impact of technology on the legal business.

21. Q: How did the author's law firm, Kaplan & Katzberg, ultimately find success despite initial challenges?

A: Success came from unforeseen circumstances and unknown individuals who formed the basis of their thriving business.

22. Q: How does the author advise lawyers to handle requests from their opponents or the court?

A: Lawyers are advised to graciously comply with reasonable requests, maintaining a fair and balanced reputation.

23. Q: Why is it important for lawyers to treat everyone as potential sources of business, as mentioned in the article?

A: Because anyone you interact with professionally today might have the ability to refer a case or be of help in the future.

24. Q: What is the author's central message regarding the relationship between law school attended and success as a lawyer?

A: The author emphasizes that the law school attended is not correlated with success as a lawyer.

25. Q: What aspect of human nature does the author stress as critical to career outcomes in the legal business?

A: The author highlights that how you deal with others and how they perceive you, in the context of human nature, is crucial to success in the legal profession.