|
|
|
Vol. 74, No. 12, December 2001
|
Book Reviews
Objection
Overruled: Overcoming Obstacles in the Lawyer Job Search
By Kathy Morris (Chicago, IL: ABA Career Resource Center, 2000).
71 pgs. $24.95. Order, (800) 285-2221.
Reviewed by Shawn R. Hillmann
|
Many books give advice on how to get a job, where to look for jobs, and
how to figure out what kind of job you really want. The best career advice
books are written with the knowledge that all good advisors should have:
one size does not fit all. Kathy Morris clearly had this truism in mind
when she wrote Objection Overruled. Morris is an experienced career
counselor who previously headed Northwestern University School of Law's
Placement and Career Counseling Center, founded a private career counseling
company, and currently directs the ABA Career Resource Center. Morris presents
common mistakes, fears, and barriers concerning the job search process (the
objections) and then overrules the objections with sound career advice and
real-life questions and answers.
Each of the 10 chapters is an objection. As an example, Objection #2
is, "I'm Working Too Hard to Find Time for a Job Search: The Reality Obstacle."
Morris gives tips on finding time, advises keeping the search confidential,
and identifies the pitfalls of too much time and procrastination. The
second half of each chapter contains questions and answers. Morris has
adapted these from her "Career Questions" column in the Chicago Daily
Law Bulletin, where she has answered questions since 1992.
Morris believes that attorneys are hampered in their career search by
their training. Because law school and practice train legal minds to predict
the future with certainty and do their best to maintain objectivity, legal
job seekers apply these thought processes to the job search, often resulting
in frustration and failure. Morris sets up simple, often common-sense,
ways to beat the legal mindset.
Morris spends only limited time on technical areas of the job search
and focuses instead on the psychological and emotional aspects. She spends
some time on resumes and cover letters, addressing flaws in a job seeker's
approach. Practitioners in search of nuts-and-bolts information should
consult this book first, overcome flaws in approach, and then find other
resources to hone their presentations.
Because Morris pays attention to the theory of the job search, her book
might be more accommodating than others. One of the ABA's resources is
Morris herself, and given what she can do with a relatively short career
book, job seekers might consider consulting her in person.
Shawn R. Hillmann,
Marquette 2001, is a law clerk for the First Judicial District of Wisconsin.
Game,
Set, Match: Winning the Negotiations Game
By Henry S. Kramer (New York, NY: ALM Publishing, 2001). 387
pgs. $19.95. Order, (800) 537-2128.
Reviewed by Jesús G.Q Garza
|
This is the type of book for which you
must roll up your sleeves because you are going to get just a little
bit dirty examining the nuts and bolts of the game of negotiations.
Written primarily for the uninitiated, this book gives just enough in-depth
study to the different phases of negotiations. It also makes a good
desk reference for those experienced in negotiations. Prof. Kramer views
negotiations as a game and outlines very nicely the groundwork needed
to understand not just the fundamentals of negotiations, but also planning,
an often overlooked, yet important, aspect of negotiating.
The practical and useful "tips, tricks, and traps" throughout
the book distinguish it from a writing that is more theoretical or academic
in its approach to analyzing negotiation strategy. The specific technique
the author uses to convey his message is to take a particular component
of the negotiating game, explain it fully, and then add an easy-to-understand
application of that concept. The tips, tricks (which actually turn out
to be treats), and traps can be applied to almost any negotiation setting.
These tidbits are the book's most helpful aspect.
Each chapter is full of examples that are written in a
"mini-hypothetical" format. These examples are short, usually five to
seven sentences, and quickly get to the point. Some of the examples
may be too simplistic for a seasoned negotiator. Simplistic or not,
these examples paint an accurate picture of the behind-the-scenes happenings
of playing the negotiating game and what occurs when mistakes are made.
The stages of the traditional bargaining process are discussed
in chronological order. For the tenderfoot, reading the book cover-to-cover
probably would be the most useful. For the veteran, a more practical
approach may be to keep this book close at hand and refer to it during
actual bargaining. As another tool of the trade, this book is very helpful
and easy to understand.
Jesús
G.Q. Garza, U.W. 1996, is general counsel for the Wisconsin Technical
College System Board, Madison.
The
Revenge of Brand X
By Rob Frankel (Encino, CA: Rob Frankel, 2000). 272 pgs.
$39.95. Order, www.revengeofbrandx.com.
Reviewed by Gordon Shea
|
When the NASDAQ plummeted earlier in 2001, old-school
investment wisdom suddenly was new again. Maybe it really does make
a difference, this wisdom goes, whether the dot-coms turn a profit.
Within days, however, the NASDAQ recovered without any discernible shift
in the dot-com business paradigm.
Why? Rob Frankel's The Revenge of Brand X: How to
Build a Big Time Brand on the Web (or Anywhere Else) doesn't answer
this question. What it does do, however, is force readers to rethink
both old and new conventional wisdom about valuation in the Internet
age - if not of stocks, then at least of some trademarks.
This book does not read well cover-to-cover. Frankel
writes in the conversational style of the many "do-it-yourself" books
that clog bookstores these days; a better subtitle for this might have
been "The Complete Idiot's Guide to Internet Branding."
Frankel provides good advice about how businesses can
create positive associations in consumers' minds, and about how the
Internet can help this process. At Frankel's best, he can be a thought-provoking
iconoclast - convincingly arguing, for example, that Coca-Cola and Microsoft,
two of America's most recognizable businesses, are also two of America's
worst brands. Frankel drives home such points with pithy chapter subheadings,
lists, appendices, and useful checklists at the end of each chapter.
Frankel's smarmy and self-reflexive voice, however, nearly
buries his points. The author doubtless had fun writing this book, but
the result is a read that is often painfully off-key. The same irreverence
that allows Frankel to doubt Microsoft's brand name, for example, becomes
borderline offensive when it uses the images of a crucifix and the American
flag to illustrate general points. Perhaps just as unforgivably, this
book contains some major editing gaffes of punctuation and grammar.
The Revenge of Brand X works on the level at which
it probably was meant to be read: by busy businesspeople in a few hours.
Although targeted to businesspeople, attorneys or firms interested in
establishing a unique Web presence, for example, could get something
from this volume. Intellectual property and corporate lawyers also could
use this book to provide clients with fresh ideas on beefing up Web
strategy or on differentiating the client's goods and services from
those of competitors.
Perhaps there is no better testimonial for Rob Frankel's
ideas than this book itself. Though this book too often is sloppy and
facile, both of its covers feature glowing pro-Frankel blurbs and glossy
author photos. The book's dedication page thanks "FrankelBees" (presumably
rabid fans of the author), and the back cover prominently displays the
author's eponymous Web address, along with a phrase defining the concept
of "branding" that the author apparently trademarked personally. Rob
Frankel's branding strategy certainly seems to work - even if only for
Rob Frankel.
Gordon
R. Shea, Marquette 1998, has written on topics ranging from telecommunications
policy to gun control laws. He lives in Chicago.
Fair
Disclosure and Insider Trading Reforms: Reg. FD, Rule 10b5-1 and
Rule 10b5-2
By James Hamilton & Ted Trautmann (Riverwoods, IL: CCH Inc.,
2000). 88 pgs. $29. Order, (800) 449-6435.
Reviewed by David Sparr
|
This is essentially a guide for inside corporate counsels' use in advising
those within their companies who are providing information about their companies
to outsiders. Regulation FD follows logically from the rules previously
adopted on insider trading and insider tips. Regulation FD sets forth the
rules prohibiting unfair selective disclosure and encouraging broad public
disclosure about the company and its activities. Prior to the establishment
of Regulation FD, information frequently was given to selected analysts
and other persons who could use the information to make trades or otherwise
benefit themselves before the general public became aware of the information.
Analysts who had failed to provide favorable data about companies could
be selectively excluded from receiving that information, a process that
caused conflicts of interest and pressure to report favorably about particular
companies.
The book first discusses the purposes of the Securities and Exchange
Commission (SEC) and the need for the regulation. It also describes exclusions
from coverage for certain disclosures and the reason for these exceptions.
The actual regulation follows, and the largest part of the book consists
of discussion by the SEC staff of the need for the rule and the intent
behind it.
The book lacks discussion of some rather important issues, such as decisions
by some companies to simply not make any disclosures to avoid running
afoul of the regulation. This unintended result of the rule limits the
available information about companies, contrary to the SEC goal of getting
information to investors. The authors point out that this rule forces
analysts to actually talk to customers, and do some of their own work
rather than relying on company news. While Regulation FD has resulted
in open webcasts and conference calls to which investors are invited,
it has resulted in at least as many situations in which companies have
decided to release information only under very formal circumstances. This
book is a worthwhile read for lawyers who advise their corporations, and
is similar to CCH tax guides in format.
David K. Sparr,
U.W. 1978, practices in plaintiff's personal injury. He recently retired
from a 10-year stint as a Wisconsin Academy of Trial Lawyers board member.
World
War 3.0: Microsoft and Its Enemies
By Ken Auletta (New York, NY: Random House, 2000). 436 pgs.
$27.95.
Reviewed by Pamela Gallant
|
The author considers several intriguing questions raised by the antitrust
suit brought by the Department of Justice against Microsoft: Has the historical
legal notion of a monopoly become obsolete in today's fast-changing Information
Age? Is a company guilty of antitrust violations if there is no evidence
that consumers have been harmed by its behavior? Did Microsoft's decision
to integrate its Internet browser with its Windows operating system cross
the line between accepted business practices and illegal, anti-competitive
behavior? Auletta, an esteemed journalist, considers these and other issues
that lie at the crossroads of law, technology, and economics. Regardless
of the conclusions drawn by the reader - including whether Microsoft is
a villain or victim - the story of the trial is absorbing, largely because
it is populated with colorful characters.
The book dissects Microsoft's trial strategy, including its decision
not to call Bill Gates as a witness. As a result of this strategic decision,
the judge and the media were left with the impression of Gates in his
pre-trial video deposition, which was described as generally more damaging
than helpful and showed Gates as evasive. The government's hired gun,
celebrated trial attorney David Boies, took every opportunity to play
the video for the court. Auletta also concludes that Microsoft backed
itself into a corner, and irritated Judge Thomas Penfield Jackson, by
refusing to acknowledge that any of its business practices were intended
to capture Netscape's market share. Although this book will engage the
general reader, trial lawyers in particular will find the detail paid
to the motivations behind the strategies worthwhile.
Auletta has written the definitive account of the antitrust proceedings
against Microsoft.
Pamela Gallant
(nee Szymczak),
U.W. 1992, is a telecommunications attorney, emphasizing regulatory matters
in developing countries, with the international consulting firm Booz Allen
& Hamilton, McLean, Va.
To
Review a Book...
The following books are available for review.
Please request the book and writing guidelines from Karlé Lester
at the State Bar of Wisconsin, P.O. Box 7158, Madison, WI 53707-7158,
(608) 250-6127, klester@wisbar.org.
Publications and videos
available for review
Assessment of Earning Capacity, by Michael Shahnasarian
(Tucson, AZ: Lawyers & Judges Publishing Co., 2001). 170 pgs.
Changing Jobs: A Handbook for Lawyers in the New Millennium,
3rd ed., edited by Heidi McNeil Staudenmaier (Chicago, IL:
ABA Law Practice Management Section, 1999). 349 pgs.
Corporate Director's Guidebook, 3rd ed., by Committee
on Corporate Laws (Chicago, IL: ABA, 2001). 88 pgs.
The Criminal Lawyer's Guide to Immigration Law: Questions and
Answers, by Robert James McWhirter (Chicago, IL: ABA Criminal
Justice Section, 2001). 377 pgs.
Divorce Forms: A Handbook for Clients, edited by Williard
H.DaSilva (Chicago, IL: ABA Family Law Section, 2001). 40 pgs.
Internet Law for the Business Lawyer, by David Reiter,
Elizabeth Blumenfeld & Mark Boulding (Chicago, IL: ABA Business
Law Section, 2001). 555 pgs.
Keeping Kids Out of the System: Creative Legal Practice as
a Community Child Protection Strategy, by Leigh Goodmark
(Chicago, IL: ABA Center on Children and the Law, 2001). 121 pgs.
Krueger on United States Passport Law, 2nd ed. 2000., 3rd supp.
2001, by Stephen Krueger (Hong Kong: Crossbow Corp., 2001).
400 pgs.
Uniform Probate Code: Official Text, Comments, History,
CCH Editorial Staff (Riverwoods, IL: CCH Inc., 2001). 1,484 pgs.
Unlocking the Clubhouse: Women in Computing, by Jane
Margolis & Allan Fisher (Cambridge, MA: The MIT Press, 2001). 172
pgs.
Wisconsin Secured Transactions Under Revised Article 9 of the
Uniform Commercial Code: Forms and Practice Manual, with forms on
disk, by Anthony C. Marino (Brooklandville, MD: Data Trace
Publishing Co., 2001).
|
|