Go ahead and take that imperfect job

Let me start by saying that I get it:  the economy is bad and finding work can feel next to impossible, even if you have phenomenal experience, great academic credentials and have worked at some of the best firms in town.  Having said that, I have to admit that I am little surprised at the lack of flexibility I am seeing in some of my candidates.  The days of being recruited by firms and having multiple offers from which to choose is gone (that is not to say that it won’t come back, but for now, it is a thing of the past).  Jobs are few and far between, and firms can choose from the best of the best.  One would think that in light of the small number of jobs out there as compared to the number of out-of-work attorneys, said out-of-work attorneys would not complain about a job offer that is less than “ideal.”  Apparently, this assumption is completely wrong.

Take a corporate associate with whom I am currently working.  Nice individual, very smart, with great credentials.  She was at the top of her game before the market crashed, but when it did, she was laid off by her AmLaw 10 firm.  That was 10 months ago, and she is still not employed.  Even so, it seems like every time I call her with an opportunity, something about the opportunity just isn’t “right.”  The firm doesn’t pay enough; it’s located in the suburbs rather than right downtown; the position is too focused on finance (an area she has experience in but does not particularly enjoy).

As I said above, I get it.  It really sucks to be out of work, especially when you previously had an untarnished record of getting into the best schools and top law firms.  But the fact remains that this economy does not support the “perfect job.”  Firms are going to pay less, and the jobs that exist are going to be otherwise flawed.  But, that does not mean that you, Ms. Unemployed, should reject every opportunity that comes your way.  We all have to make sacrifices, and if that means driving to the ‘burbs or making 15% less than you would have back when salaries were inflated, then so be it.  At least you will be employed, and I can almost guarantee that if you put up with some of the flaws of the job, when things improve, many of those flaws will disappear.  Salaries will go up again, and more work will come through the door, thereby allowing you to choose projects that are a little more interesting to you.  Hell, when times are good, some suburban firms might even open an office in the city, and if you have put in your time, you might be able to help establish the new office.

I guess what I am trying to say is suck it up while the economy still stinks, and as it improves, so will your job.  That is, if you are willing to accept one that is not perfect.

The Boutique Alternative

Undoubtedly, most of my conversations with candidates involve whether or not they will be able to find a job in 2010 — and how today’s market compares to 2009/2008.  The going commentary is that the first 8 weeks of 2010 have been markedly more active than 2009 (which was essentially a flat-line on the associate hiring side of the coin).  While this bit of information should lift some eyebrows and produce chants of joy, I find more and more candidates have become disillusioned with the job market and disgruntled with New York Big Law in general — leading to feelings of “leaving the practice,” “moving away,” or “taking time off until Big Law starts hiring again.” 

All of this confuses me and here is why:  Big Law is not the only game in town.  That’s a fact!  It’s a fact that bears repeating:  BIG LAW IS NOT THE ONLY GAME IN TOWN. 

Big Law occupies only a small percentage of the overall law firm populace.  In fact, outside of that small percentage, you can find boutique firms, middle market firms, small firms, solo practitioners, virtual law practices, and any number of other “opportunities.”  However, people forget this fact, and we all need to be reminded of what truly exists out there.  Granted, it may not be where you saw yourself upon graduating from law school.  However, these often overlooked places offer real jobs, real opportunities, and real experience.

For anyone who grew up in small town America (that would be me) in the late 70s/early 80s when the steel mills were closing, we saw our parents and our friends’ parents lose their pensions and their livelihood when the steel mills shut down.  What else did we see?  We saw those same parents finding other jobs…anywhere they could.  Some left their professional jobs with corporations for solo practices as consultants.  Some left their career-inspired jobs to do free-lance writing or dedicate their 9 to 5 to other income-producing pursuits.  Others stayed in the professional world but in entirely different professional roles.  The bottom line here is that people did whatever they could to keep moving forward, and a little while later when the economy evened out and jobs were hopping again, some of them moved back into the roles they had originally but with different employers.  Some of them enjoyed their new work too much to make a change backward.  All of the above-referenced parents retired with professional accolades and a pension at the end of the day.  A friend of mine described this single-mindedness as follows (and as told to him by his father):  When you don’t know what to do, DO SOMETHING. 

What does this mean for lawyers right now?  It means that Big Law isn’t the only game in town, and if Big Law is hiring selectively and slowly right now, that’s okay.  Other opportunities exist so be mindful of them, look for them, interview for them, stay connected, involved, committed to your career.  Be flexible, open-minded, and see yourself in the larger picture.  Hopefully, the legal job market will continue to make careful steps toward improvement and hiring, but, until then, you cannot put your life or career on hold.  As they say, the character of a man or woman is not measured by success, but by adversity.  I believe that to be true, and it also bears repeating.

What’s wrong with me?

I suppose it’s possible that I haven’t had enough caffeine today, and it’s making me cranky, but after I read this story about the e-mail flame sent by an NYU B-school professor, I found myself siding with the professor.

http://deadspin.com/5477230/nyu-business-school-professor-has-mastered-the-art-of-email-flaming

A student apparently complained to the professor by e-mail–upset that he wasn’t able to attend a class after arriving late–around an hour late.  But, since it was the first class of the semester, and he was visiting all of the course he was considering that met during that time slot, he should have been allowed to sit in on the balance of the first class.

The professor responded by e-mail.  “…get your s**t together.”  The professor challenged his assumptions about whether it was appropriate (even on the first day of classes) to walk in an hour late.  The professor suggested that just because the student couldn’t have known the professor’s policy regarding lateness, he was still expected to conduct himself according to certain standards.  The professor pointed out that though he has no stated policies with respect to urinating on desks, for instance, there is still no tolerance for it.

I sort of hate to admit I come out pro-professor on this one.  His response e-mail was a little harsh–but also right on, in my opinion.  I hate to be such a stickler for decorum, but the professor is right–professionals should be responsible for their behavior and shouldn’t complain about the lack of consideration when they were–admittedly–terribly late.

I received 9 e-mails from lawyers on Saturday asking to be considered for jobs.  Well, 9 resumes attached to e-mails.  One included a brief cover letter that addressed me specifically.  That was nice.  Several just had sentence fragments.  Two had no text whatsoever.  I don’t need a fancy cover letter when potential candidates approach me.  Even so, it is nice to see a concise and pleasant greeting.  “Thank you for your consideration” goes a long way.  I don’t ignore resumes from any potential candidate, but the way a person introduces themselves to me does make a difference in my overall evaluation.  To paraphrase our NYU professor, there are lots of things that are hard to manage in a career.  Politeness and decorum isn’t one of them, so it’s important to get that right.

The good news and the bad news

The most frequent question I’ve been getting is:  “are things better out there?”

The answer is mixed.  First, there isn’t yet one easy response that applies to all cities, all practices areas, and all lawyers.  For instance, there is good partner level movement–a tremendous amount in fact.  The associate market is changing–which is fantastic–but not quickly and not across the board.

Second, the beginnings of a recovery in the marketplace doesn’t immediately mean that everyone will instantly get re-absorbed into the workforce.  What we see here in New York is a definite upswing in work, which is fantastic news for lots of folks in the legal market.  For example, a lot of firms are doing a tremendous amount of securities work, both transactional and compliance, and our current needs reflect that trend.  The bad news is that the hiring higher-ups have their pulse on the market, and they suspect that in lateral hiring, they can be particularly choosy.

And they are.

The changes in the marketplace are not so simple as whether the economy is failing or whether it’s in recovery.  We are still in an environment where those with the ability to hire new lawyers are testing the market to see the type of the talent they can get.  How selective a firm can be will change depending on how much competition they have in the market.  As the overall work-flow increases in a particular practice and region, job opportunities will expand more meaningfully.

How Long is Too Long?

Over the past week, I’ve had several friends of mine (all of whom are either attorneys or investment bankers) ask me, “Is it normal to not hear from my recruiter for several weeks?”  “Is it normal that my recruiter did not call me back in 24 hours?”  They are asking me this because, quite simply, I am a recruiter, and I should know.  However, the answer to that question is not as simple as it sounds.

First, it depends on your recruiter and his/her time pressures, client needs, and other typical daily work demands.  Typically, a 24-72 hour turnaround time is normal.  If it goes longer, that may be odd; however, it will all depend on that recruiter’s workload. 

Second, it may depend on how many new calls your recruiter is getting every day.  If he/she is getting 30-50 new candidate calls per day–on top of their typical workload–that is a high volume of calls to handle and return.  Thus, you may wish to give them a little more time to get back to you.

Third, it depends on your relationship with your recruiter.  If your recruiter is engaged in a process with you already and/or they have you out for an interview and/or already submitted you for an active position, the turnaround time for a return call should be shorter (within 24 hours) as your relationsihp has already been established. 

At the end of the day, however, there is no rhyme or reason relative to “timing” for a return call.  The best case scenario would be 24 hours but that may be a utopian viewpoint, especially in this economy.  However, the fact that I am fielding these questions from my friends tells me that others may be wondering the same thing relative to their job process.    Thus, I will give you the advice I give to my friends:  “You don’t know why there is a delay, and there may be good reason for it.  As such, try to look at your relationship as a partnership and give your recruiter the benefit of the doubt…especially if you have already established a friendship.  If, however, this is a new recruiter, and you are not feeling taken care of, you may wish to interview other recruiters before choosing this person.  It’s a personal decision based on your own comfort level.  The market has definitely had an effect on timing because recruiters are being inundated with phone calls at all levels and/or sometimes won’t have feedback from interviews right away as firms/in-house delay their own responses to recruiters’ inquiries.  Knowing this, try to be patient.  If patience is not your virtue, move on.  First, however, I would urge you to leave a few messages (just like you would for a distracted friend) and see if you get a response.  If that response doesn’t come in a timely fashion, you may do well to choose a new recruiter.  These relationships are about trust and either you trust your recruiter enough to know that he/she will get back to you when they have some news — or you don’t.  If you don’t, move on.  If, however, you have not yet established a relationship with a recruiter enough to say that trust exists but rather can’t even seem to get a new recruiter on the phone, give it a few weeks and ring again.  That recruiter may not have any options to offer you at the current time, but that can change — and does change — daily.  A call three weeks from now may prompt a response and an opportunity.”  

I, myself, struggle to stay on top of phone calls, with some weeks being more successful than others.   Still, I try.  I hope that helps!   In the meantime, keep the faith that 2010 will bring a smoothing out of the process and things will start moving at a “normal” pace again.

Resume Suggestions for a Senior Litigator and for the general public

I am currently working with well-credentialed eight year litigator who has never moved law firms.  This person has everything it takes to make partner but for various political reasons, he is unlikely to make partner.  While this person has not been asked to leave the firm, this person knows now is the time to begin a search.  It takes time - at least 6 months.  Having never left the firm, the job search process is intimidating.  I made the following suggestions for the resume:

1) If possible, limit your resume to 1 page -even at the senior level.  The most information should be under your current employer.

2) Your resume should have the following in this order: Work Experience, education, professional credentials, publications, etc.

3) Create a thorough case history on a seperate page.  If the case is public, put down the parties involved and then write a brief summary of the case and what you did.  Any successful results obtained you be noted.

4) Get your law school transcript (there are some firms who ALWAYS require this - even at the partner level).

5) Get a writing sample.  Motions that are 10-20 pages long are best.

6) Cut out the fat of a resume.  It is not necessary to list law school externships, internships and clinics if it puts your resume over a page.

7) If you have an interests section, make sure they are either unique or show an important aspect in your personality.  Saying you enjoy reading and watching movies doesn’t really add much.  However, if you enjoy running or participating in a marathon or play an instrument, the reader immediately knows you have a competitive spirit and are somewhat disciplined.  Keep out things like “spending time with my family” as this only makes the reader think that you do not want to spend much time with the law firm family.  And, keep out oddball interests such as competitive hot-dog eating.

Political groups and interest - I really prefer to stay away from this all together.  Unless you happen to know an organization or law firm you are applying to is well-known to support a particular group, just stay out of it.  You could interview with someone who is a staunch democrat and you list you were the president of the Young Republican Organization in college….that really isn’t going to make the interviewer feel connected to you.  If anything, it may start a fight.

9) Do not put your picture on your resume! No matter how good-looking you are, law firms poo-poo this.  Many times, people are laughed at for putting their picture on the resume - even if it a good picture and a good resume. It makes you look vain.  If you are emailing your resume to a law firm, you could put a link to your firm biography if it happens to have a picture, but do not do anything more!

10) List your cell phone number instead of your home phone (unless your cell phone is a work phone).  You want to be able to answer your phone immediately in case a law firm would like to set up an interview or ask you a question about your resume.

How Do Women Succeed in Law Firms?

Last week’s Economist (www.economist.com, subscription required) discusses the causes and effects of an every growing female workforce.  Women do currently populate equal or greater-than-equal proportions in our universities and workforces at large, and there is much to be said and written about how this apparent equality is changing industry and economy.

From my law firm lens, however, there is still a great deal of progress left to be made, especially among partnership ranks.  One of the articles in the Economist stood out.  In the opinion piece Womenomics:  Feminist Management Theorists are Flirting with some Dangerous Arguments, the author discusses whether women will be more successful running corporations by being like men, or by waiting until corporate culture evolves to recognize those leadership qualities that play more to female strengths (for example, consensus seeking).  In the end, the author encourages women to stick to the former.  Women are well-advised to take a harder edge, like Margaret Thatcher.

In the law firm setting, it’s easy to point out examples of successful female partners who have risen through the ranks without taking on the traditionally ‘hard edge’ associated with old school male leadership.  Having said that, there are a few Margaret Thatchers out there as well.  But in order to see more women successful, must we choose one path or the other?  I find it depressing to think that the only way we’ll see women in law firm partnerships approaching 50% is for all female lawyers to do their best approximation of a tough-and-tumble men.  Is that really what it’s going to take?

The decade in review…for associates

If you’ve been paying attention, it’s been a wild ten years on the law firm associate front.  Back when I practiced law, I know I didn’t pay much attention to all the goings-on at law firms in terms of salary wars and bonuses.  As a recruiter, however, an almost global knowledge of law firms and their compensation is a job requirement.

If you’ve spent the last ten years billing, you might check out this interesting read.  Leigh Jones from the National Law Journal has this fascinating profile of the ups and downs experienced by associates in the first ten years of this century.  Could we rewind to 2007? Please?

What am I worth in 2010?

When lockstep was the golden rule, the question of “What am I worth?” was never difficult.  You could easily find that information on any salary chart by looking at your class year and moving horizontally to the compensation posted to know, for certain, what you would be paid by a new employer.

In 2010, such is no longer the case.  The question “What am I worth?” now provokes a large amount of expectation, introspection, uncertainty, fear, and confusion because, generally, we don’t know what you are worth and, sometimes — even the law firm doesn’t know.  As firms readjust their compensation structures to move away from lockstep completely or adopt a hybrid compensation scheme, the numbers associated with any given class year may vary from firm to firm.  Thus, at Firm A, you may be worth $$$ dollars, but at Firm B, you may only be worth $$ dollars.  So, how can one guess at that number, and should one even venture a guess when faced with the question “What is my value in 2010?” 

My first rule of thumb — don’t list a random number.  Many firms are using the question “What type of compensation are you looking for?” as a way to screen OUT potential candidates.  For instance, if the firm wants to pay “X” dollars, and you put a number out there that is “XXX” dollars, you are likely going no further with that firm.   The process just ended.  Hence, rather than risk ending the process by requesting a pay figure that is too high, it would be better to illustrate a mature understanding of the economy and the strained legal hiring market by saying, “I am open.  I recognize the stress that the economy is placing on the legal industry and, as such, I can be flexible on compensation.  Of course, I put a great deal of value on my experience, intelligence, and abilities, but high compensation is not my foremost goal.  Rather, finding a strong practice where I will be fully utilized and subseqently paid at a fair value, that is something I see as reasonable in this economy.”  In other words, you have just punted a bit, but the firm will appreciate your maturity, and you will appreciate staying in the game. 

Not everyone wants to do this, however, and many still believe that their value is the same as it was in 2008.  Nothing could be further from the truth.  Everyone — candidates and firms alike — are rethinking “value,” and we are going to see some major changes this year.  While candidates struggle with the question, firms, too, are looking at each other in New York, DC and the West Coast and wondering — are we all going back to 145K for first years?  Will some of us stay at 160K?  What are we doing?  

Thus, when faced with the question “What am I worth in 2010?” — answer that question with an eye toward the economy, toward a change in your own value from past days, and toward a real knowledge that the firm, itself, may not even be sure!  However, together, you may have the ability to guide each other toward a fair number that works for both of you.  The compensation question/answer is no longer a bright-line rule.  It has, instead, become a point of conversation and negotiation.  The sooner you are able to get comfortable with that reality, the better deal you will be able to craft for yourself.

Sixth Year Associate in Good-Standing at Branch Office of Large Firm Wondering Whether He Should Consider Moving to a Firm with Better Opportunity for Partnership

I was recently speaking with a friend who is a sixth year corporate associate with a large firm in Los Angeles. This year the firm promoted only two associates to partner and neither one works in the Los Angeles office. My friend has consistently had very good reviews, and the Los Angeles partners have told him they will go to bat when he is up for partner. However, he believes the Los Angeles office does not have the pull and power it used to which is partly why the firm did not promote anyone from his office. While my friend is happy at the firm, he can not help but be concerned for his future and opportunity for advancement. He was wondering what he should do.

Sadly, the chances of making partner these days at a large firm are slim – even in a booming economy. There are many factors that come into play as to whether someone is promoted to partner, including likeability of candidate, potential of candidate to bring in business, political savvy of candidate, candidate’s practice area, hours candidate billed over the last 3+ years, and the economics of candidate’s firm. In the case of a large firm’s branch or satellite office, you also need to consider the office’s overall reputation within the firm. It is important to consider whether the partners in your office have the “pull” to help advance your career. If the firm has routinely promoted associates in your office to partner and this happens to be an “off” year due to the economy, then my best recommendation would be to stay put but explore other opportunities as a precaution.

If the Los Angeles office has not been self-sufficient and has relied on other offices for work for over two years, it would be wise for my friend to explore other options very seriously. As you get more senior, it will become more and more difficult to move to another firm without having an existing book of business. Now is the time to look into other opportunities. 2010 is already showing signs of being a stronger market for laterals.

You can expect a firm of ANY size to take at least two to three years before they even consider a lateral associate for partnership. There are NO guarantees. It is possible to be turned down for partnership, but then make partner at a later time. Of course you may be promoted to Of Counsel (if the firm has attorneys with such a title) and then promoted again to partner. At this stage in my friend’s career, ANY law firm – no matter what the size – is going to hire him with an eye toward partnership. The hiring process will take much longer than for more junior associates, and he will certainly be asked to provide a conflicts form and possibly a business or marketing plan. A firm is going to ask him questions about his existing experience but also about his relationships with firm clients. Ideally, any firm that hires him will hope he is able to bring in work and certainly will expect him to help generate more work from existing clients.

Many believe it is “easier” to make partner at a small or mid-sized firm. This assumption is usually true, but the factors that come into play in making partner at a large firm are the same factors that a small or mid-size firm considers. With more and more large firms focusing on their core or top 10 institutional clients, more and more of the “middle market” companies are being referred to the small and mid-size firms. Also, generally these firms have lower billing rates (although not always) making it is easier to bring in new clients who simply can not afford large firm billing rates.

It would behoove anyone in my friend’s position to speak with a seasoned recruiter who would offer advice for his/her particular situation. Work with someone who is honest and is going to look at the big picture. You need a recruiter who is not motivated by money but rather helping people and doing the right thing. Particularly if you are in good standing at your firm, like my friend, and not necessarily in a rush to leave, work with someone who is going to offer good advice based on what is best for your career and not the recruiter’s need to make a placement or fill a job opening. Of course, I would recommend BCG Attorney Search (www.bcgsearch.com) to find such a caliber of a recruiter!