Europe Beware!  The Yanks Are Coming
By Martin Kimel

The Baltimore Sun (Apr. 15, 1992)

   European lawyers beware: The Hawk has landed.

   News articles over the last year or so have reported that aggressive American  law firms have descended upon the Continent in search of new business connected  with the economic integration of Europe now underway.

   Barry Hawk, who heads the Brussels office of mega-firm Skadden, Arps, Slate,  Meagher & Flom, has suggested that by working seven-day weeks to impress  clients, the American law firms are pressuring the reluctant Brussels bar to do  the same.

   Hawk told the story of a European client who asked Skadden one Friday for  research and was amazed to receive the product by Monday morning.

   They weren't used to that, but, believe me, now they're getting used to  it,'' Hawk is quoted as boasting.

   Wonderful. The big New York-based law firms already have largely ruined the  practice of law in America. Now they want to ruin it in Europe, too.

   Paying huge salaries to their new recruits, these firms need to squeeze every  billable hour possible out of their associates. To do so, these firms thrive on  creating a crisis atmosphere even when no crisis exists.

   Since at least the Renaissance, Europeans have been willing to wait until  Wednesday -- or even the following week (quelle horreur|) -- for a legal  opinion. Now, apparently, they must be convinced that they need the work  completed over the weekend.

   As a result, instead of leisurely strolling about Brussels' Grande Place or  visiting Paris for the weekend, some young lawyer will get to spend Saturday and  Sunday inside a law library.

   The old saying has it that Americans live to work, while Europeans work to  live. For European attorneys who value their five-week holidays and time away  from the office, there is real cause for concern.

   Survey after survey shows that American lawyers are highly disaffected. The  reported cases for the widespread dissatisfaction include long hours, tremendous  stress and contentious wrangling over matters that, in any large scheme, are  pretty unimportant. And now the American super-lawyers will export this way of  life to Europe.

   Nor is there much hope that the American legal eagles (or Hawks) sent  overseas will become Europeanized'' and thus more easygoing.

   Attempts to mellow the African killer bees'' by exposing them to European  bees failed, and there is little reason to believe that exposing American  lawyers to their European counterparts will make our swarming attorneys any less  aggressive. Rather, it is more likely that the pressures to compete will  Americanize'' the European advocates.

   The precedent is not encouraging. When I was in law school in California in  the mid-1980s, some people thought that the large-scale entry of women into the  American legal profession would feminize'' the profession and lead to the rise  of stereotypical feminine attributes in legal institutions.

   Law firms, the thinking went, would become more caring, supportive places in  which to work. As for dealings with opposing counsel, there would be less macho  posturing.

   While all the data isn't in yet, it seems that the women who have succeeded  in law firms have not transformed these institutions; instead, they themselves  have been transformed.

   Whether it is because they had those qualities originally or developed them  on the job, the successful female attorneys are generally just as tough and  obsessively devoted to their work as are their male colleagues.

   If women couldn't reform the hard-driving American law firms from within,  there is little chance that the Europeans will be able to do so from without.  So, absent action, it is likely that the relatively laid-back European  counselors will pass the way of the Austro-Hungarian Empire.

   A kind of blue law, one that prohibited lawyers in Europe from working more  than six days a week, might help. But this would probably prove impractical.

   Unfortunately, it seems that the European lawyers' only chance to preserve  their way of life lies in erecting barriers to entry to keep the American  power-lawyers out. Then, maybe we Americans could follow suit -- and the  super-lawyers could go ply their trade in Tristan De Cunha or Micronesia.

   Should the Europeans desire assistance in drafting such protectionist  legislation, I offer them my services. Not to worry, though: while in Europe, I  promise not to work weekends.