work life balance is alive and well at 37signals

Read an interesting article on the 37 signals blog about “lifestyle businesses”, work ethic (or rather work hours) and reward. The nub:

It’s been a long time since there was a direct correlation with the number of hours you work and the success you enjoy. It’s an antiquated notion from the days of manual labour that has no bearing on the world today. When you’re building products or services, there’s a nonlinear connection between input and output. You can put in just a little and still get out a spectacular lot.

True, though I imagine this varies somewhat depending on the type of  business you’re in. For example, in law there is a certain emphasis placed on billable hours. Needless to say, that results in quite a direct correlation between hours works and success. Of course, it’s not the only factor, but it there is definitely a correlation. It would be interesting to see how the thinking in this article could be transposed into the practice of law. Or for that matter whether it could be.

We’re living proof that you can work much less than popular entrepreneur lore would have you believe and still run a very successful, multi-million dollar business. And still have time for taking flying lessons, learning to play the guitar, nurture your garden, go hiking, enjoy cooking, socialize with people outside your tech circle.

It’s your choice.

Hmm. Maybe it’s time to become an entrepreneur. 😉

via The lifestyle business bullshit – (37signals).

Pretexting, Ethics and Clients

Still catching up a bit – very quick post on the HP “pretexting” thing. As you may recall, HP asserted that its practice of pretexting – i.e. pretending to be someone else to get confidential telephone records – was legal. They were investigated leaks to the press by one of their board members and had resorted to this practice to try and find the leak. I had commented elsewhere long ago when this story first broke that even if it were illegal, very few (if anyone) could consider such actions the least bit ethical.

As most of you know apparently there was some disagreement as to legality and a few folks at HP were charged. Then I read this recent story about how HP was ending its special ties to Larry Sonsini, of the California powerhouse firm of Wilson Sonsini:

Sonsini – famous for decades in these parts – gained national fame in September during HP’s spy scandal hearings in front of Congress. Emails between the lawyer, HP executives and former director Tom Perkins raised serious questions about how sound Sonsini’s advice was around the practice of pretexting. He seemed to indicate that phone record fraud sounded like fair game, after being nudged in that direction by HP’s internal lawyers.

My emphasis. Its unfortunate to hear of something like this. I don’t doubt that he took the time and effort to research the law to come to a reasonable opinion on the matter before advising his client – obviously it was a very grey area of the law. In those circumstances its unfortunate that he didn’t perhaps suggest, notwithstanding the black letter of the law, that it would be unwise do take the course of action they were contemplating. That as good corporate citizens with a significant public profile, that such a practice is not something they should even consider. But then again, maybe he did and they didn’t listen (and of course he would surely have the good sense never to say that in public and embarrass a major client) or maybe he thought that such comments were not for legal counsel to make. Who knows.

The situation is not unfamiliar to many lawyers – particularly when it comes to giving opinions – lawyers are sometimes subjected to pressure to deliver the opinion that a client wants to hear rather than the one they should probably be delivering. By this I’m certainly not suggesting lawyers are delivering bad or incorrect opinions. What I am saying is that there are often grey areas of the law (which tend to be the areas on which legal expertise are sought) and in respect of which opinions can go one of two or more ways. And sometimes, the client will want to hear a certain outcome – for example, in the case of HP, I’m sure they would have liked the comfort to hear from their external counsel that their actions were legal – it would serve as some evidence that they took some degree of diligence and could serve to mitigate consequences if it turned out governmental authorities differed. If he, on the other hand, refused, or proffered a legal opinion that it was fine but qualified with a recommendation not to take such actions, HP likely would have not been very happy with him. And everyone knows what happens when clients aren’t happy.

Its an unfortunate situation to be in. Particuarly in this case, where, at the end of the day, HP still, obviously, isn’t happy with him.