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A lush undergrowth of spontaneously propagated [[indenture]]s, subscription agreements, [[confidentiality agreement]]s and the like which traditionally provide abundant nesting materials (flax, dry twigs, liability [[carve-in]]s and [[carve-out]]s, [[indemnity]] scoping arguments, [[governing law|governing law and jurisdiction]] clauses, wild [[celery]] and so on) for local [[legal eagle]]s. | A lush undergrowth of spontaneously propagated [[indenture]]s, subscription agreements, [[confidentiality agreement]]s and the like which traditionally provide abundant nesting materials (flax, dry twigs, liability [[carve-in]]s and [[carve-out]]s, [[indemnity]] scoping arguments, [[governing law|governing law and jurisdiction]] clauses, wild [[celery]] and so on) for local [[legal eagle]]s. | ||
Sometimes their chicks find these nests so comforting that many spend their entire lives feasting on the rich biodiversity | Sometimes their chicks find these nests so comforting that many spend their entire lives feasting on the rich biodiversity within. | ||
But there are weeds — honestly, no-one cares | But there are weeds — honestly, no-one cares whether the [[indemnity]] in a custody agreement carves out [[gross negligence]] or not, and the sooner one realises this the happier one’s life will be — and there are “weeds”. | ||
On one view, a lawyer’s descent into ''any'' kind of legal analysis, however fundamental, is a descent into the “weeds”. One sees this attitude most commonly articulated amongst [[inhouse lawyers]]. | On one view, a lawyer’s descent into ''any'' kind of legal analysis, however fundamental, is a descent into the “weeds”. One sees this attitude most commonly articulated amongst [[inhouse lawyers]]. | ||
===Inhouse lawyers and the fear of | ===Inhouse lawyers and the fear of weeds=== | ||
The [[legal department]] in any commercial organisation is a place of entropic stasis. People go there to die. They eventually get crushed under the weight of of tedium, the way wasps succumb to honey. To insist on dwelling among the arcane legal details — the “weeds” — is the mark of the unpromotable laggard. The [[JC]] is one of those. | The [[legal department]] in any commercial organisation is a place of entropic stasis. People go there to die. They eventually get crushed under the weight of of tedium, the way wasps succumb to honey. To insist on dwelling among the arcane legal details — the “weeds” — is the mark of the unpromotable laggard. The [[JC]] is one of those. | ||
A popular means of career progression for inhouse lawyers — some would say the only means — is to avoid this fate by | A popular means of career progression for inhouse lawyers — some would say the ''only'' means — is to avoid this fate by transforming into ''managers''. | ||
The JC was once told, “JC, if you want to progress in this firm, you must ''get out of the weeds''. You know, and ''manage''.” | The JC was once told, “JC, if you want to progress in this firm, you must ''get out of the weeds''. You know, and ''manage''.” | ||
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“Manage? like as in ''middle'' management?” | “Manage? like as in ''middle'' management?” | ||
“Yes! That’s just it! Admin! Sit on committees! Prepare management information and statistics!” | “Yes! That’s just it! Admin! Meetings! Sit on [[Opco|committees]]! Prepare [[management information and statistics]]!” | ||
On that day, the JC commended his soul into the weed-strewn honey. | |||
It requires little acumen | For this is, surely, like buying a cricket bat and using it to play tennis. The JC has no data beyond anecdote to support this assertion, but he still feels it strongly: most people in the world who spend the five or more years it commonly takes to qualify as a lawyer do so ''because they want to practice law''. They do not ''want'' to be middle managers. They will not be ''good'' at being middle managers. They will not ''like'' it. | ||
''Almost anyone'' can be a middle manager: why waste a lawyer? It requires little acumen: in fact, it seems to favour a lack of it. In any case, if you want someone to do some middle management, ''hire a [[middle manager]]''. Let your legal eagles fly — watch them soar and float and dive — into the luscious, beckoning weeds. | |||
{{sa}} | {{sa}} | ||
*[[Verbiage]] | |||
*[[Let’s go straight to docs]] | |||
*[[Operating committee]] and [[steering committee]] | |||
*[[Deep dive]] | *[[Deep dive]] | ||