Don't Show Me the Money?

I was talking to a former candidate of mine the other day--he had joined his current firm just at the tail end of the salary wars last year. He was strongly of the opinion (at the time) that New York firms should have raised associate salaries above where they are now to compensate for the cost of living adjustment.

He doesn't think that now.

Of course, salaries will go up again, although no one knows when that might be. The uncertainty of today's market will reverse over time, and once again, associates will be scanning the blogs for news of market salaries hikes and special bonuses. But for now, the market is sobering us up, and I hope that we'll all remain conscious that there are reactions for every action. Today, my friend is busy and is becoming a truly fantastic lawyer. He's grateful for his experience, and doesn't worry so much about his cost of living. What a difference a year makes.

Let's All Hurry Up and...Wait

Several years ago, my colleague, Dan Binstock wrote an article called "Play the Waiting Game" that was published in the Legal Times. In his article, Dan discusses the nerve-wracking act of waiting to hear back from a firm after a second round of interviews. It's quite funny but also provides very good advice so I often pass it along to candidates who find themselves in this unbearable juncture of the hiring process. Check Dan's article out at: http://www.bcgsearch.com/crc/play_the_waiting_game.pdf

Now, three years after it was written, this article has become more relevant than ever. And, while it focuses on the waiting period after a full-round of interviews, the same principles can now be applied to ALL stages of the interview process. There is no doubt that as the market slows down, firms are being extremely cautious and deliberate in their hiring decisions. Whether you are between a phone screen and an in-office visit or between a full-round and the possibility of an offer, firms are taking their time. But, let's focus on the positive side of what I just said--there are firms out there that are interviewing for lateral attorney positions and (gasp) they are hiring! Thus, we want to encourage all of you out there who are in the lateral job market to:

1. Start your job search as soon as you know you'll need and/or want to make a move;
2. Be prepared to exercise the utmost patience throughout the process; and
3. Confer with your legal recruiter before sending any follow-ups to the firm.

Finally, keep in mind that the passing of time does not necessarily mean the response will be disappointing--it just means everyone is being careful and, in the end, careful hiring decisions result in greater job security.

More on Best Firms for Women

As I've previously noted on my blog CounseltoCounsel, Working Women magazine is out with it's second annual list of best law firms for Women. I pointed out in that post that it is important to keep lists like this in perspective.

This week, Massachusetts Lawyers Weekly highlights the complexity of the question (i.e. "Is this a good firm for women?") The article points out that two of the firms on last year's list have since been sued for sexual discrimination by their associates. Despite this, one of the firms appeared on the 2008 list again. The other firm claims that it did not apply to be on the list because the application process was too cumbersome. Hmmm. Again, the takeaway is that rankings should only be one of many factors to consider when making career decisions.

While I do believe that rankings like this can promote better workplace policies, it is important to learn how those policies are working in practice.

Build Your Book, Build Your Stable Future

"What's your book?" is a question we recruiters regularly ask our senior candidates looking to make a move. The answer firms want to hear is, at least, "1.5 million." That figure may sound intimidating to you if you're just beginning your legal career but it's an important goal to keep in mind for several reasons.

First, your stability as an attorney in a large firm is directly proportional to the amount of business that you bring in. The more business you bring to your firm, the better your chances are that you will be allowed to stay. Despite glossy brochures touting pro bono programs, law firms are business machines driven solely by the bottom line. You may be a terrific legal writer with enviable courtroom presence, but if you're not bringing in business by the time you're a 6th-8th year, your position at your firm becomes precarious.

Second, with a book of business comes leverage and with leverage comes options. "Up or out" is a phrase we often hear to describe the progress of attorneys within their firms' hierarchy. If you are moving "up" that means that you are developing business contacts and bringing in clients while billing the requisite hours and producing sound work.

For those attorneys that have failed to move up and keep pace with their business developing peers, then they will be pushed out. The career lifespan of a big firm associate is relatively short, about 8 years, so it is extremely important to start developing business as soon as you know what a stipulation is and how to get one. Having your own book of business gives you leverage in your partnership negotiations and it gives you options should those negotiations leave you wanting.

Third, building a sizable book of business will earn you the respect of your colleagues. It shows that you understand that new business is the life blood of your firm and that you're willing to make that extra effort to keep it pumping. Given the competitive market and the daily mega-mergers, it may come to be that "of counsel" and "non-equity partners" become relics of a bygone era. Making the extra time to network shows your firm that you're committed to them which will, in turn, make them commit to you.

Fourth, building your book is not only financially rewarding, but also personally satisfying. One of the junior partners I used to work with at my old firm was a dynamo at bringing in new clients. He took pride in his talent and felt that it helped make up for some other areas of his practice where he wasn't as strong. Plus, working on your own cases that you personally staked gives you some freedom and elbow room. In many cases, you will be the senior decision-maker which can be a very empowering experience.

Finally, building your book doesn't have to be drudgery. With the advent of Facebook and LinkedIn, it's become easier to re-connect with old contacts while developing new ones. So seek out your former classmates, take them to the Watergrill and get cracking!

(Check out the following website for some excellent tips on how to develop business: http://www.clientfocus.net/)

The Power of Writing Down Your Goals

Michael Phelps has done it. He holds the illustrious title of being the only person ever to win 8 gold medals in one Olympic Games competition. See this article from Time magazine for further details on Phelps: http://www.time.com/time/world/article/0,8599,1833462,00.html?imw=Y.

Through his talent, hard-work, and determination, Michael has fulfilled his Olympic destiny. Another thing that very likely contributed to Michael's historic Olympic triumph, is that he visualized his success by writing down his Olympic goals. This is something that all of us can do to help us focus in on what is really important to us, career-wise or in our personal lives. There is something powerful about writing down your goals and desires, and keeping evidence of them. Seeing your goals on paper takes them from the "dream" stage to an undeniable reality that is clear for anyone to see.

Thus, regardless of if your long-term goals are to make partner, start your own firm, go into public interest law, or any other career-related achievement- try taking the time to write down your goals and the steps you need to achieve them. Getting focused and honest about your goals is the first step to success and hopefully you will be on your way to something great.

What's On Your Facebook Page?

The National Law Journal recently published an article (http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202423725315&pos=ataglance) which discussed the fact that jury consultants and trial lawyers are now researching social networking sites and personal blogs to assist them in the voir dire process. Conducting Internet research has proven very useful by providing trial lawyers with valuable insight about potential jurors that is not readily apparent through voir dire. It appears that what people post on their MySpace or Facebook pages is far different from what they state on their jury questionnaires. For example, the article mentions a case where the defense successfully had a juror dismissed after discovering that the juror had lied on her questionnaire through an Internet search.

Jury consultants and trial lawyers are not the only ones who are using Internet research in this manner. Law firms often use the Internet as well to conduct informal background searches on potential lateral candidates. More and more firms are searching the Internet, especially social networking sites and personal blogs, to gain better insight into a potential candidate. Thus, before you start your job search, it is very important that the public information on your Facebook or MySpace page does not contain anything that you would not want a potential employer to know. After all, you never know who may be googling your name next.

Too Many Transitions Without Ever Having Moved--

In the legal recruiting business, too many transitions between firms can limit your mobility. Top AmLaw firms often will not tolerate more than one move in the first 5 -7 years of your associate career when considering whether to bring you in. Many associates know this and are very strategic and careful in making a move count and avoiding a potential "course correction" that will add another entry to the resume, often to their detriment.

But what do you do when your law firm has transitioned while you have literally "stayed put?" This dilemma came to mind today when I received an updated v-card from a very skilled senior associate. The only change from his previous contact information was the name of the firm and the email domain. Same address. Same phone. Same fax. And this was the third time this had happened in the last four years.

The Bay Area market may be at the forefront of this phenomena. It seems every week a new out of state firm is setting up shop in the Silicon Valley, usually by acquiring practice groups or taking on a another firm's regional office that was unable to reach critical mass. When presenting resumes to Silicon Valley hiring personnel, especially in the areas of corporate practice and IP, there is some forgiveness for many "apparent transitions" if the "merger or acquisition" between firms is still relatively fresh in everyone's mind. Candidates have developed the asterisk technique on resumes to label the current firm and then in a footnote name the prior firm who was acquired. Unfortunately, the "chain of title" on some of these resumes is getting long and the footnotes are beginning to distract.

What do you do if you are in this position? First, make sure you are aligned with strong senior attorneys in your group. Is there a reason for this lack of stability? What is the personality of your supervising partner? Why has the group been vulnerable to takeover? A multitude of factors can help you decide whether you are still on a positive career trajectory or whether the dynamics may cause this to repeat and repeat. You can get advice from many people in this regard, including your legal recruiter who is familiar with the "word on the street."

Second, don't be too complacent and assume the firm coming in is the correct firm for you if you were part of a "package deal." Each firm has a personality. Each has a unique management system. Each operates with their own set of assumptions. Make sure that your goals and style are compatible with the new firm. It can be exhausting to have to go through this uncertainty every couple of years. The path of least resistance and driving to the same office each day can be attractive. But, are you poised to achieve your goals? You must do your own diligence as proactively as the acquiring firm has done theirs.

Third, if you see yourself moving into a market where these "footnotes" will be seen as career transitions, it behooves you to do everything in your power to limit more entries on your resume. It may be wise strategically to align yourself with a very established practice group that will be here in ten years if you plan to move to a new market in eight. And when you choose a legal recruiter who will represent you in the new market, make sure to choose someone who understands at the gut level your role or lack of a role in the transition. Find someone who knows how to explain the change of firms factually and in the best possible light to potential employers.

Mobility is a major theme in these times. In this market, it is not just candidates who are mobile, it is also law firms. When dealing with these forces, keep a sharp eye on your goals, don't "just go along for the ride," and use all the resources at hand to evaluate your options, including a savvy legal recruiter.

May your transitions be few and positive!

Holiday Cards in August?

My colleagues and I have written a number of times on this blog about the value of on-line networking sites like LinkedIn (e.g. here, here and here.) While I'm a big believer in adopting new technology, I also know that it is important to hold on to some of the old ways of doing business. And one of the old ways of doing business is to send personalized holiday cards that demonstrate to clients that you are truly thinking about them.

Okay, maybe August is a little early to be thinking about holiday cards. But is it really? Do you have a holiday card list already prepared? Maybe it's time to get a head start. Are you going to order your cards early enough in the Fall so that you can write personal notes on most of them before they are sent out?

Thinking about sending out e-cards this year? What about printed cards that include a facsimile of your signature? Guess what: no one is fooled. These and other tips about going back to the analog world when trying to connect with clients and referral sources.

'Tis the Season (For Recruiting)

It's recruiting season at law firms again. You can take the recruiter out of a law firm, but you can't take the law firm out of this recruiter. After many years spent coordinating or managing law firm hiring programs, I cannot help but think about the fact that it's that time of year again.

On Campus hiring starts much earlier, now that most law schools have pushed their schedules back from fall and into summer. Many have already visited a campus this August. If you pay attention in a few weeks, you'll notice all the gray and black suits accompanied by associates in restaurants all over town, having the famous interview lunch.

This year the landscape of recruiting programs has undergone a renovation and for many legal employers, it will be a work in progress for most of the fall. It is more difficult for firms to determine how many offers to extend to get the "right" number of hires to fill up their summer associate programs or round out their incoming associate classes, but to not wind up with more associates than they can provide work. It is difficult to anticipate what the needs of various practices areas will be due to economic uncertainties.

For the first time in many years NALP has revised the guidelines for students and employers and rolled the deadlines for decisions. There has been a change in how many offers law students can hold and for how long. Whether and to what extent law students are aware of the soft legal market and the number of firms who have had reductions in force remains to be seen.

Whatever the circumstances at your firm, a best practice any year and especially this season, is careful preparation. If you are an attorney or hiring manager in the trenches of a firm and expect to conduct on campus interviews or meet with call back candidates, now is the time to determine the answers to the questions that law students ask every year and to set the stage for how to handle new and possibly more sensitive lines of questioning, without really having certainty of what the future holds for the industry or your particular firm.

This is a year when every one participating in the recruiting process will need guidance. An interviewer training is usually standard, this year it is definitely a good idea. Providing a well crafted message on how the firm wants interviewers to convey answers to questions about lay offs, any changes in policies for extending offers, and what size program the firm is aiming for, or any other concerns you can anticipate, should be decided on as soon as possible.

One bit of insight you might consider is that it is not necessary to raise topics or offer more information than necessary, unless there is a question from a candidate. Especially if there is ambiguity about hiring needs and practice groups, or the size of the program. It can be harmful in the way a firm is perceived and call attention to areas that would never have crossed a law students mind.

There are always cases where a firm may have had a recent partner departure, and wouldn't you know, one of the candidates that is visiting the firm will turn out to have been a fan of the partner who left. Maybe they took a course the person taught at their law school, or heard them speak. Having an answer if a candidate asks about such matters is important, but it does not need to brought up with the candidates who do not ask.

I have noticed from meeting with numerous firms and listening to their perceptions of the way they are viewed externally (both positively or negatively), that events within the firm may feel way more obvious from the inside than they actually appear from the outside. These are law students and they are primarily worried about getting a summer job and what their prospects for receiving an offer will be if they accept a summer offer. Likewise for third years looking to have a back up option or a position following graduation. This is a distinctly different audience than lateral partner and associate candidates.

Many firms have held or are planning interviewer trainings. A measure of additional support for having a consistent message for recruiting regulars and pinch hitters would be preparing a brief fact sheet with commonly asked questions and the appropriate answers, that can be updated as needed should things change, and distributed electronically when schedules and resumes are circulated. It can be done to suit each individual firm, and go beyond the basics out lined here and include ways to address distinctions between your firm and competitors, whether the firm allows splits, or anything else your recruiting team feels will be useful to include.

It never ceased to amaze me how under informed many partners were about such things, but they are usually just too busy to think about it until they are asked. Having the answers will make your interviewers look good and enhance the esteem with which a candidate sees the firm.
By proactively determining and managing the tone to be set this year, rather than leaving it to chance or to the individual of discretion of each interviewer, the process will go much more smoothly for everyone. People appreciate being informed and offering law students the answers to what seems so mysterious to them at times, shows good faith and transparency on the part of the firm.

As an added bonus, sharing plans for the summer program or incoming associate hiring plan might provide a measure of comfort about the health of the firm. Affirming that there is a future and thinking ahead to another summer program could boost morale and calm down the anxiety level. Even in the most stable and profitable firm, the rumor mill is swirling because anyone in the industry cannot help but notice what is going on all around them and wonder if their firm is alright.

A successful recruiting season is far more likely if these measures are taken in advance and applied in the communications between interviewers and prospective hires, so that the firm is presented well and accurately. If you participate in your firm's recruiting program and there has not been a training session scheduled or any background information distributed, definitely inquire with your hiring manager or partner. They are probably already working on it, but if they are not, they are likely to appreciate the suggestion.

What this hiring season will look like in retrospect remains to be seen. It's a mystery, just like the way Santa gets in and out of those tiny chimneys when he is so big and beautiful. We may never know about Santa, but for this recruiting season, we'll have the answer in a few months.
Season's Greetings and good luck with your hiring!

Don't Ask "Why"

On the eve of the Beijing Olympics, my local public radio station interviewed a sports psychologist, JoAnn Dahlkoetter, on the subject of achievement. Dahlkoetter, who won the San Francisco marathon in 1980, had numerous interesting things to say about achievement. Most of what she said has relevance to being a successful lawyer--whether you are striving to develop a high level of competence in your practice niche or trying to build your own practice through effective marketing . You can catch it on the WBUR website at your leisure.

She was particularly insightful on the subject of overcoming adversity. One strategy that she suggested struck a chord with me. She indicated that in the face of failure, don't ask yourself "why" it happened. You can always come up with reasons to blame yourself (and being a lawyer where you are paid to identify how things that might go wrong, this is particularly true.) Instead, she suggests that after a set back, ask yourself, "what" should I do next or "how" can I get past this. I guess this is another way of saying focus on the present or on your future actions rather than dwelling. Now I just have to figure out "why" this has been hard for me in the past!

I am Superman

In my estimation, confidence reigns supreme. My friends are snickering as they read this because most will agree that my confidence level does not need improvement. I thinks it is actually an attribute in my profession. Come to think of it, I cannot think of any profession where this would not hold true.

But, alas, confidence is not everything. As much as I like to think that confidence is the ultimate trump card, confidence has sometimes failed me, or, at least not been enough.

My best example is interviewing. Let me start out by saying that I am a terrific interviewee. It's true (see? confidence). So I begin each interview preparation session with a candidate by emphasizing what I know. The primary issue I target in each of these sessions is exuding confidence during the interview. "Confidence" is perhaps a nebulous term, but I get specific. Confident people look, act, talk and dress the part.

When I have finished stressing the importance of confidence, I address a second issue that really bears no relation to the above: the curve ball. And, my friends, there's the rub. I tell candidates to prepare for the out-in-left-field questions, but, isn't this really a contradiction in terms? How do you really prepare for the unexpected?

Well, in large part, you don't. Sometimes I really want to ask a candidate if he/she has a background in improv. That, I think, would be an immense plus. Strangely enough, a history of arguing motions before courts doesn't get you there. Judges can indeed ask tangential questions, but, personally, the issues judges raise are at least related to the case at hand. Interviews, though, are a different ball game. To say that certain questions come out of left field in no way encapsulates some interview behavior.

As mentioned, I am an interview master. However, I have been in interviews where the interviewer's line of questioning has left my mouth gaping. I'm thrown entirely off base. Yes, I know to expect the unexpected, but really. I mean, REALLY.

There are too many of said instances to discuss today; however, here are a few of my dear interviewing memories:

Interviewee as deponent. I always approached an interview as everybody putting their best face forward. Sadly, this is not always the case. Sure, you make sure you brushed your teeth, ate a protein-rich breakfast (not in that order), put on your power suit, and spent that extra 5 minutes on your hair. You are set. Well, the interviewer may also be set, but he has clearly been reading a different interviewing guide than you. It's certainly not a BCG guide.

You get to the interview prepared to have a pleasant chat about your experience, and BAM! You begin to ask: Is this an interview or a deposition? This guy is not trying to make nicey-nicey chat with you, he is treating you as though you've done something terribly wrong. He's flat out belligerent. What is it, you ask? Should I have spent yet another 5 minutes on my hair? Should I have declined that extra cup of coffee from the kind recruiting coordinator?

Nope. It happens. I've been there. It was a painful thirty minutes (that felt like thirty days). How did the self-proclaimed interview master handle it? Well, surprisingly well. I was asked to return for more interviews, which I guess is good since I was convinced the first guy hated me. I'd like to say I rose above it, like a phoenix rising from the ashes. "No," I heard myself saying, "I wouldn't take this job if it were the last job on the market." So, naturally, I agreed to another interview.

The last laugh was unfortunately on me. Two hours before my call-back interview, my recruiter called me to say that the firm had hired someone else. I wanted to call this firm personally and tell them that I hated them and that, if the litigation market hadn't been so poor, I would not have even considered them. Of course I didn't. That was, in retrospect, a wise decision. What was a poor decision was setting myself up for more. Even at the time I felt like the abused spouse who returns to the abuser. Don't do it. If this happens to you, tell your recruiter what happened and expect him/her to address the issue with the firm. I wish that I had made it clear to my recruiter that I expected the firm to get such feedback. Oh well.

Interviewee as anonymous everyman off the street. I was interviewing with a large international firm in my chosen market. I was dressed in my power suit. I was prepped. I was focused. I was incredibly unprepared for what was to follow.

As I approached the large office building in my large market in my power suit and 5-minutes-extra hair, I instantly felt a little off. I looked up, and who should I see walking towards me but Superman. You know him: red cape, blue body suit, large "S" across the chest. Superman. I almost spilled my Dunkin Donuts coffee all over my power suit. Thankfully my 5-minutes extra hair was undisturbed. It turns out that it was Halloween, and I did not know that. I had gone to a Halloween party the previous weekend and had totally forgotten that interview day was the actual Halloween.

A little distracted, I proceeded up the elevator to my destination. Everything went surprisingly smoothly until I met the partner with whom I would be working. I walked into his office, and the level of disorganization was surprising even for a busy person. He spent about three minutes shuffling though his mess to locate my resume. When he found it, it was clear that he had never glanced at it before. His area of practice was primarily soft IP and mine wasn't (I had done a little but not much). He asked me whether I had a technical background, and I said "no." I think that my B.A. in the "Plan II Honors Liberal Arts Program" would have clued him in on that fact.

It doesn't matter. That was actually the least disconcerting incident that day. I took more offense to the 5-minute phone call he took in the middle of the interview. What can I say? Clearly I am not working for this firm now. In retrospect, I wish I had asked Superman if I could don his costume for the interview. Maybe it would have given me superpower strength. Or, heck, at least a good laugh.