At present, I am very jet lagged, having returned recently from a Russian riverboat cruise down the Volga River from Moscow to St. Petersburg. So as I slowly return to normal, I wanted to share some reflections with you who may or may not have reinvented yourselves into travelers.
Thirty-two years in the legal profession, the last 15 of which have been as a recruiter and consultant, has provided a unique perspective on the career paths of lawyers. I have witnessed some, who I would have bet would become wildly successful, fall far below expectations. Others, who, early in their careers, were not superstars, ultimately rose to extraordinarily high levels, much to the surprise of many who started with them.
This series examines the most common career missteps I have observed during my 30-plus year career as a law firm partner, general counsel, recruiter, and legal consultant. Last month, the first three such mistakes were discussed: 1) staying trapped in the wrong practice area; 2) not giving your firm or company a real chance, and 3) succumbing to inertia when action is needed.
Arbitration gives the parties one bite at the apple. Sure, the governing arbitration statutes set forth several ways to attack a final arbitration award. For practical purposes, however, entry of a final arbitration award is the end of the road for virtually all litigants.
On Sept. 28, the Department of Health and Human Services, Center for Medicare and Medicaid (CMS) issued a final rule reforming requirements for long-term care facilities. The final rule, published Oct. 4, states that long-term care facilities who receive federal funding are precluded from entering into mandatory pre-dispute resolution agreements with patients, such as arbitration clauses.