View from the Top Highlights: An Interview with Melissa Bayer Tearney, Partner, Nixon Peabody LLP

7/13/2006

Open PDF: View from the Top Highlights: An Interview with Melissa Bayer Tearney, Partner, Nixon Peabody LLP

Melissa Bayer Tearney is a partner with Nixon Peabody LLP. Her practice focuses on defending white collar criminal cases. Ms. Tearney has extensive trial and appellate experience in state and federal courts. She has represented individuals and corporations in civil and criminal matters in several substantive legal areas, including health care fraud and abuse, mortgage lending and other financial institutions frauds, financial fraud, and affordable housing, HUD, and real estate fraud. She also handles cases involving hazardous waste and other environmental violations, foreign corrupt practices, customs violations, antitrust violations, and civil and criminal RICO.

Ms. Tearney routinely represents clients before state and federal grand juries and investigative bodies. She also assists clients with developing programs to comply with all applicable laws and prepares compliance manuals to prevent governmental or regulatory scrutiny.

Her experience includes defense of national pharmaceutical companies in a class action alleging RICO and antitrust violations, defense of a metal refining company for foreign corrupt practices and customs violations, and representation of a Fortune 200 company in actions alleging fraud involving its acquisitions of a major subsidiary.

In addition to her law practice, Ms. Tearney devotes her time to outside activities and is the recipient of several awards. She serves as a chair for the United Way Allocations Committee and on the board of directors of the Women’s Auxiliary of Hebrew Senior Life. She is a member of the Massachusetts Bar Association, the Women’s Bar Association, and Phi Beta Kappa. She has also been selected for Boston Business Journal’s “40 Under 40.”

Ms. Tearney graduated with a BA, magna cum laude, from Harvard College in 1988 and earned her JD, cum laude, from Harvard Law School in 1991. She is admitted to practice in Massachusetts.

Q&A with Melissa Bayer Tearney

What advice would you give a young woman considering a career in the law today?

The law is a great career for women. Now that I am fifteen years out of law school, I strongly believe that if you pick the right firm and the appropriate professional situation, a career in law is an excellent choice for the many phases of your life. It is a professionally challenging choice, but one that can afford the flexibility one might need to strike a balance between career and personal goals.

How did you find the right fit for you?

Firm culture is the most important factor in my view. I tell students I interview about my own experience as a law student visiting firms. I learned a great deal about a firm from walking through the halls from interview to interview. I was careful to observe how people at the firm related to each other—both lawyers and staff, and lawyers with each other. I felt most comfortable at Nixon Peabody. Firms may be very much the same in terms of the sophistication of the legal services they offer and the clients they tend to attract. The real and important differences are the people you work with and the culture that the firm encourages. How people within the firm treat each other is a clear indicator of how they will, in turn, treat their clients.

Have you personally experienced any advantages or disadvantages in your legal career because of your gender?

I believe that being a woman is an advantage in a legal career. More women are accepting positions as in-house counsel and those women are looking to hire other women in law firms. This trend is indicative of a larger trend of both law firms and companies paying increased attention to diversity as a whole. I also believe that women partners in law firms increasingly are referring work to each other, creating important networks within and across practice areas. Fortunately, I have not experienced any disadvantages because of gender, either at the firm or with clients. Clients want excellent legal service. If you provide excellent legal service, clients will want to work with you, irrespective of gender. If clients have any doubts about whether you are “tough enough” or “too nice” when you walk in the room, they immediately will lose these doubts when you impress them with your legal skills.

What kind of steps have law firms and other legal employers taken in the last few years to create a better working environment for women? What else do you think needs to happen in this area?

In terms of women specifically, our firm has made great strides. I was a junior associate at Nixon Peabody when the first associate went on maternity leave. There has been tremendous progress since that time. Our firm, and other firms, has become increasingly flexible with work schedules. We have several women working a variety of part-time schedules. Our firm also has promoted mentoring programs and affinity groups that have provided women with the support they need to succeed. Younger women now have role models with a variety of styles, skills and experiences.

Firms need to continue promoting women into management positions. When women gain positions of influence, they can affect policy and best practices at the firm. Women in management positions also serve as important role models for the younger women being recruited into the firm.

What sort of structures need to be in place to increase the number of women law leaders at top law firms and in corporate counsel capacities?

I do not believe that the issue is recruiting. The biggest challenge that firms and companies now face is retaining women. Our firm has taken steps to bolster the support systems in the workplace that allow women to better balance their careers and outside commitments. I have two small children. I try to mentor as many women as I can in the firm to demonstrate how you can have both a challenging legal career and a wonderful family life. I can say from personal experience that it comes down to flexibility and mentoring, and the combination of these two assets within the firm culture makes a tremendous impact.

What impact has your career in law had on your personal and family life? Do you have any special techniques, methods, and philosophies that help you maintain a work/life balance and be a successful lawyer?

My career has definitely had an impact on my family life, and it has been a very positive one. I have a ten-year-old daughter and a six-year-old son. I always have worked full-time; this is all my children know. They have been able to see first hand, from me and from my husband, how they can have a successful career and still be an attentive and loving parent. I believe that this lesson is particularly important for my daughter. She is quite proud of what I do and tells everyone that she will be a lawyer and have several children!

I am lucky to have a wonderful husband who is extremely supportive, although his career is very demanding as well. We are careful to spend quality family time on the weekends and in the evenings. We never miss an activity or performance at our children’s school. We also have paid special attention to providing a strong and consistent support structure for our children when we are unable to be with them.

During the day, I set aside work I can do easily at home after the children are asleep. Such work includes reading and editing briefs, reviewing documents, or catching up on professional reading. I focus my day on client meetings and critical interaction with associates on client matters. By prioritizing my work in this way, I am able to be home in the evenings and accomplish what needs to get done in the office. Moreover, I make myself accessible to clients and associates while at the office and at home. In this way, there is less pressure to be at any one place at a particular time.

With all this said, I do not think “one size fits all.” You have to find the best strategy for balancing your life and work that works for you.

What other careers and life choices did you consider before deciding on a career in the law? If you were not practicing law and you could not be a lawyer, what would your dream career be now?

I did not consider any other careers outside of the law (and litigation specifically). I come from a family of criminal defense lawyers, so I always assumed that law would be my career. As I do a lot of pro bono work, my ideal job would most likely be something in the area of legal assistance and advocacy for the indigent. But I cannot think of another career for which I would be better suited.

How do you expect the practice of law will change in the next ten years?

The legal market will continue to consolidate. The competition for legal work will increase and firms will grow larger. Both these trends mean that women must be vigilant about identifying good mentors within the firm and business community. I have had tremendous mentors throughout my career, both women and men alike. These mentors are a primary reason for my success in this profession.

The practice of law is also becoming increasingly specialized. I see this trend as a benefit. It allows you to become an expert in one particular legal area. For example, from a litigation perspective, it is helpful for me to be able to focus on white collar criminal defense rather than being expected to handle a variety of commercial and complex litigation cases. I find that this trend also has helped me balance my work and personal life because I am more focused in my career goals.

The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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