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The Challenge for Women IP Lawyers



The Recorder
October 30, 2009
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Much has been written about how difficult it is for women who practice in the field of intellectual property and, in particular, why the growth trend for women attorneys in this area has not evolved as quickly as in other industries.

I have a different viewpoint. I truly believe that women can make it in IP, with many success stories about the women who already have done so. Some of the best lawyers I know are women, and many of them are either at technology companies or at law firms that do a considerable amount of IP work. The life sciences practice area, for example, is dominated by women. My views on this subject are based on my personal opinion, my experiences working at more law firms (and in different geographic locations) than I would like to admit and in my role as president of the Women's Intellectual Property Lawyers Association.

IP litigation is incredibly aggressive, particularly since the stakes are often so high. The work can be all-consuming, with its demands for perfection and requirements for personal sacrifice that are often necessary in order to compete for business. In short, you really need to love it in order to stay in the game. And it is definitely not for everyone. That said, I find it to be the most challenging, interesting and rewarding area of the law. It is never boring, and I am constantly learning and meeting business people, including many who possess the greatest minds that Silicon Valley has to offer. Like the Intel commercial says: "We have our own kind of rock stars." The IP field also is one of the most competitive areas in which to practice because it is commonly seen as being incredibly profitable.

When I first began my legal career, the expectation was for associates to bill 2,400-plus hours per year and become indispensable to the partners with whom they worked. After eight or so long years, the prize for some of those hardworking associates would be a partnership. Somewhere along the way, an additional criteria arose -- that of business development. Since business development and revenue generation are matters that are driven purely by numbers, they should be seen as gender-neutral endeavors. Indeed, I believe that business development offers women the freedom of choice. That is, you don't want to follow others but instead you want them to follow you. And when you work only on those matters that you bring in, you are in a much better position to set your schedule in line with your client's demands. It doesn't matter if you work at 8 a.m. or 2 a.m. as long as you get the job done.

I hardly think that my observations are novel. Rather, I think many women have learned what I have throughout my career. Based on anecdotal evidence, I have seen many intelligent and capable women starting their own law firms or otherwise providing legal advice to companies, particularly in the area of licensing and IP prosecution. I also have known a few women who specialize in IP litigation who have left large, well-established law firms to go out on their own. All of these women inspire me, and I often have found myself wondering whether I would ever be brave enough to do what they have done.

To honor these women, I try every day to serve as a role model to other younger women lawyers and to show them that it is possible to be a rainmaker at a law firm and still maintain some balance in their lives. The reason I devote so much time to my work with WIPLA is so that women who practice IP law don't feel isolated and can use the group as a forum, both for in-house and outside lawyers, for collaborating, promoting one another and learning even more about their field in a cooperative and friendly environment. No offense, but I spend most of my day with men, whether they are clients or attorneys on the opposite side of my matters, and I look forward to the comfort that comes from spending time with other WIPLA members.

So how do I do it? It's not always easy. There are times when I want to throw in the towel. But because I believe in the cause, I would like to share some of the most significant lessons I have learned along the way so far.

  • Success is in the eye of the beholder

For some, success comes from being a partner at a law firm or general counsel at a public company. For others, it comes from finding a job that is intellectually challenging while also allowing them to be available to their family and friends. For the rest, the definition of success usually falls somewhere in between. Know what success means to you and then go after it. Don't let other people judge for you what success means.

  • No one should care more about your career than you

You are the best advocate for your career. Don't let others make decisions for you. Always seek to better yourself, and if you don't devote the time and energy to professional development, don't expect others to do it for you.

  • Be yourself

Everyone develops relationships differently. Find a way that is comfortable for you. One size does not fit all. Find your own style and have some confidence that everything else will fall into place.

  • Don't be afraid to ask

Whether it is an introduction to a prospective client, an opportunity to help a friend with a legal problem or simply a desire to take someone to lunch, don't ever be afraid to speak up. People prefer to hire others that they know and would much rather give work to a friend or to help facilitate a job interview for someone they know. Ask for the things you want, and you will improve your chances of finding common ground with someone.

  • Set reasonable expectations

Whether it is sending out three e-mails a week to people you may have just met at a WIPLA event, going to some kind of business gathering once a month or simply having a great conversation with someone at a party, set reasonable expectations for yourself -- and then make good on them. This is all about building relationships and trust with others. Asking someone for work right off the bat is not going to achieve your goals.

  • Don't be a taker only

Relationship building is a two-way street. Those who are most successful at business development often have something to offer potential clients that doesn't necessarily translate -- at least right away -- into billable hours. Closely related to this is an admonition against stealing clients. There is enough work to go around. Respecting other people's relationships will help to separate you from the pack.

  • Find people with whom you like to work

Being a lawyer is serious business. But because we spend so much of our time at work, it is important to find people you can trust and who are enjoyable to work with. Work can be fun; if it isn't, it might not be the right place for you.

  • Avoid drama

Surround yourself with positive and supportive people who see opportunity and challenge rather than problems and pitfalls. People who have common goals will complement your strengths rather than bring out your weaknesses. Sometimes we choose our shoes more carefully than we choose our colleagues. I have been lucky to surround myself with people whom I would want in my foxhole during battle. I have also come across others who would rather take me down than acknowledge their own shortcomings. Handle disputes with dignity and respect, and avoid the high drama.

  • Maximize the double standard

Despite all the progress that's been made, I believe there is still a double standard for women. Certain qualities that are vital to being a good lawyer are not necessarily acceptable when you are a woman. Be comfortable with yourself, and if others are not, that is their problem. You'd be surprised to find out what is acceptable when you have a $5 million book of business!

I definitely don't have all the answers but I do love what I do. And I also have had a lot of help along the way from both men and women. I have learned some very valuable lessons and have had my share of hurtful growing pains. And yet I think I've come out of it all bigger and better than I ever thought I could be. My father always used to tell me that I could be whatever I wanted to be. The tough part is knowing what that is and having the commitment to go out and get it. I encourage everyone to go get it no matter where that ultimately takes them.

Karineh Khachatourian is a member of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo's Palo Alto office, where she specializes in intellectual property and commercial litigation disputes involving patent infringement, patent licensing, trademark infringement and other IP matters. She also is president of the Women's Intellectual Property Lawyers Association.




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