What is the best way to turn down an offer?

I was included in the following email string a couple of years ago ago that was probably circulated to tens of thousands of attorneys.  I will quote it below in full since it is so instructive:

From: ###
Sent: Friday, February 03, 2006 9:23 p.m.
To: @@@
Subject: Thank you
Dear Attorney ###,
At this time, I am writing to inform you that I will not be accepting your offer.
After careful consideration, I have come to the conclusion that the pay you are offering would neither fulfill me nor support the lifestyle I am living in light of the work I would be doing for you. I have decided instead to work for myself, and reap 100% of the benefits that I sow.
Thank you for the interviews.
###, Esq.
—–Original Message—–
From: ###
To: ###
Sent: Monday, February 06, 2006 12:15 p.m.
Subject: RE: Thank you
### –
Given that you had two interviews, were offered and accepted the job (indeed, you had a definite start date), I am surprised that you chose an e-mail and a 9:30 p.m. voicemail message to convey this information to me. It smacks of immaturity and is quite unprofessional. Indeed, I did rely upon your acceptance by ordering stationary and business cards with your name, reformatting a computer and setting up both internal and external e-mails for you here at the office. While I do not quarrel with your reasoning, I am extremely disappointed in the way this played out. I sincerely wish you the best of luck in your future endeavors.
#
—–Original Message—–
From: ###
Sent: Monday, February 06, 2006 4:01 p.m.
To: ###
Subject: Re: Thank you
A real lawyer would have put the contract into writing and not exercised any such reliance until he did so.
Again, thank you.
—–Original Message—–
From: ###
To: ###
Sent: Monday, February 06, 2006 4:18 p.m.
Subject: RE: Thank you
Thank you for the refresher course on contracts. This is not a bar exam question. You need to realize that this is a very small legal community, especially the criminal defense bar. Do you really want to start pissing off more experienced lawyers at this early stage of your career?
—–Original Message—–
From: ##
To: ###
Sent: Monday, February 06, 2006 4:28 p.m.
Subject: Re: Thank you
bla bla bla

I have thought about this email numerous times since I received it and believe it is very useful for framing any discussion regarding how to turn down an offer.  Invariably, most attorneys and law students find themselves in a position where they receive an offer from an employer and decide-for a variety of reasons-to turn down the offer.  When you receive an offer you are going to turn down there are several things you need to remember.

First, regardless of what city you are in the legal community is small.  Even in a city as large as New York you are likely to come across attorneys in your practice area again and again throughout your career.  You will run into them at bar events.  You will encounter them in the course of your practice.  Some of these attorneys may join a firm or company you are with in the future.  Numerous, numerous encounters will happen.  You always want to have good public relations on your side.

If you burn bridges or anger people when turning down an offer they will resent this and they will get back at you in some way most likely.  You need to be very, very careful.  No one is omnipotent.

Second, if you received an offer there was most likely some sort of connection between you and the employer-something clicked right.  You received an offer because someone liked you and believed that you could do a good job with the firm.  You need to embrace and treat people who believe in you well.  Not doing this is a huge mistake.  The most important people to you in your career are the people who have believed in you.  Do not forget this.

I remember hearing a very famous and successful lawyer address a group of people one time in the past.  I would estimate that this particular attorney had a book of business in excess of $10,000,000 and the attorney was very impressive personally and professionally on numerous levels.  This attorney stated that the biggest mistake he made in his career was not being better friends with people in law school and not getting closer to attorneys he met when he was younger.  I thought a lot about this and realized that one of the biggest mistakes that people make is not getting closer and having a better relationship with people.  You never know who can help you along the way to success throughout your career.

Third, you may need a job from the firm you turned an offer down from in the future.  The marketability of an attorney in a given practice area and firm can change at the speed of light.  One day corporate is the hottest practice area and the next it is the worst practice area and attorneys are forced to change careers it is so slow.  You simply never know and need to be very, very careful.  Do not overestimate yourself.

Throughout my career as a legal recruiter I have seen many an attorney receive an offer and turn it down for a larger firm, a higher paying job-you name it-and then several months later lose a job or decide that the job is not what they want.  You need to understand that where you are today in terms of your marketability may not be where you are tomorrow.  Regardless of where you went to law school, what firm you are currently at-you name it-that can all change in an instant.  Do not forget this.

Fourth, if you conduct yourself well the employer may come back with a counter offer.  I have seen associates offered partner positions by the same firm after turning down an offer.  I have seen salaries increased and all sorts of other great things happen.  You do not need to give specific reasons for turning down the offer-but you need to remember that if you conduct yourself with class you do not know what sort of good things may happen.  Be very, very alert that what is a negative thing you are doing could turn out to be a real positive if handled well.  You just never know.

This brings me to the answer to the question.  When you turn down an offer you need to make the party you are turning down the offer from think it is the hardest decision you have ever made.  You want them on your side.  You want turning down the offer to be a positive experience for you and the party you are turning down the offer from.  You want the person you are turning down the offer from to be your advocate in the future-you need them on your side regardless of what you may believe at this moment.  Create a positive aurora around you and your career and use the offer as an opportunity to do this.

Prepare for Change

Change is in the air.  While millions of Americans are looking with hope to the new President, Obama’s inauguration tomorrow is a great reminder that being able to adapt to change is a critical component of career success.

In the practice of law, this is particularly important because as a group, lawyers are not alway good at accepting change.  This may come in part from the fact that lawyers spend their days helping their clients to avoid risk.

But like it or not, change is coming to the legal profession and what was yesterday’s hot practice area can easily become today’s moribund practice group (think collateralized debt obligations).  What was once a highly profitable way to staff a case (e.g. placing a team of high priced associates on a large document review project) may no longer be viable in a world economy.

Adapting to change is easier said than done.  Humans are not well wired for change and as a group, lawyers are particularly bad at accepting new ways of doing things (though there are of course some exceptions).

On the other hand, if your practice group is particularly slow, it is certainly possible to change practice areas, particularly if you are looking to leave a slow practice group to join a busy practice group.  Just read the last post on this blog for more info on that subject.

The Principle of “Kaizen” and BCG Attorney Search

MEMO

TO: BCG Attorney Search

FROM: A. Harrison Barnes

RE: Kaizen at BCG Attorney Search

DATE: January 15, 2009

Introduction

This memorandum discusses the principle of “Kaizen” which in many circles has been called the key to Japan’s success in many industries. On a daily basis, each of us should be questioning how things are done and improving the processes and procedures in place for BCG Attorney Search.

As we make continuous changes to our database, as we service existing candidates, as we work with new candidates, as we are helping each other to learn, as we are investing in the future through our efforts now, as we are making efforts as a group to help each other and the candidates we are serving–we are following many of the principles of Kaizen.

I sent out a short memo on Kaizen several months ago; however, I wanted to follow up on this in more detail. It is my opinion that through following many of the principals of Kaizen, we can eliminate many of the profound inefficiencies which characterize the operation of recruiting firms as we know them on a daily basis. It is only through eliminating these inefficiencies that we will experience the levels of success we are capable of achieving as a group.

While we are already following many of the principles of Kaizen, we need to expand on continuing to foster a culture of continuous improvement within our firm.

Our actions need to be geared towards ensuring that we grow, become more efficient and experience the levels of achievement we are all entitled to and will experience if we achieve our goals. It is my hope that we can take many of the observations provided by this memorandum and apply them to our goals as an organization. As an added benefit, I believe that this memorandum provides many useful examples we can draw from in our daily lives.

Kaizen Defined

Kaizen has been variously defined; however, two common definitions are:

KAIZEN means gradual and orderly, continuous improvement. The KAIZEN business strategy involves everyone in an organization working together to make improvements.

KAIZEN means improvement. Moreover, KAIZEN means continuing improvement in personal life, home life, social life, and working life. When applied to the workplace KAIZEN means continuing improvement involving everyone.

Kaizen is a tool originally used by Toyota to foster continued improvement within its Toyota Production System. It began as “Quality Circles,” a means of factory shop floor employees solving quality issues within a structured team framework, using specific new tools.

1. “Kaizen Events”

At Toyota, and other Japanese companies, Kaizen events are constantly occurring. In general, a Kaizen event will involve the management appearing at the desk or machine of a worker and observing exactly how they do their jobs. The efficiency of the processes and procedures followed by the employee in doing their job are aggressively questioned, critiqued and analyzed. How does the employee hold a tool? How many steps does it take to go between different machines where the work may be occurring? Then, as inefficiencies are pointed out, the employee is expected to adapt and change immediately. The intensity of a Kaizen event cannot be underestimated. Most people have common ways of doing their jobs that become ingrained in them and are resistent to change.

During a Kaizen event, if the employee does not not immediately change and correct the inefficiency, they are fired on the spot and another person is brought in to do their job. When a Kaizen event occurs, the President of Toyota might even follow around a janitor to figure out the inefficiencies in the way he performs his job—no employee escapes Kaizen events. This approach to work is something that occurs at all levels of the organization and involves everyone. Work, and how it is done, is constantly questioned in order to raise the level of efficiency.

One of the most important aspects of Kaizen is that it is something that the entire company participates in. In the lunchroom, factory workers may discuss with each other how to address various inefficiencies. The employees are empowered to address inefficiencies without the involvement of management and also take great pride in being efficient. When Kaizen events do occur, the most efficient groups take great pride when few inefficiencies can be pointed out in their work. Like an organism, work groups are constantly changing and becoming more efficient on a daily basis.

While this Kaizen approach to managing a company may sound in some respects draconian, it does result in the process of ensuring that work is performed in the best possible manner with the least amount of waste. While he did not call it “Kaizen”, this method of approaching work was also the building block behind each of the companies started by Howard Hughes (many of which are growing multi-billion dollar companies today decades after his death). For example, companies like Hughes Space Systems (which started Direct TV) are products of this continuous drive for improvement and were founded by Hughes disciples decades after his death in a Hughes-created corporate environment which pushes constant improvement and innovation.

The point of a Kaizen event, and Kaizen generally, is that the norm must constantly be questioned in order to ensure that the work is performed in the best possible manner. I was reminded of this principal in reading a recent Motor Trend article which discussed the fact the engineers who designed the Lexis LS400 decided to half the space between metal fittings in the car this year. While this was completely unnecessary (the car is consistently ranked one of the top 10 cars in the world in terms of quality), the engineers did this because it was an improvement and one they believed they were capable of making.

While Kaizen may seem insignificant, I can assure you that this principal is an important foundation behind BCG Attorney Search’s very existence and that following Kaizen is something that will be rewarded around here. An example of a Kaizen-related event is when a small change was made to the database by an employee after being aggressively questioned by another employee about her efficiency. The change made to the database resulted in a savings of over one week of work for the person per month. While my response was atypical, in conjunction with other Kaizen principles the person exemplified in her work, she did receive a meaningful raise.

Kaizen, as you could learn from the definition, is a common word and very natural to individual, continuous improvement in personal life, home life, social life and working life. Everybody deserves to and should be willing to improve himself/herself for the better continually. “If a man has not been seen for three days, his friends should take a good look at him to see what changes have befallen him” quoted from the old Japanese saying, describes how natural KAIZEN is.

Kaizen at BCG Attorney Search

Not a day should go without some kind of improvement being made somewhere here. I have provided some tips below that should give you some ideas about what Kaizen philosophy is and how we have implemented and can implement Kaizen at BCG Attorney Search:

1. We should discard conventional fixed ideas. A perfect example of this is the fact that we are often of the opinion that only certain types of candidates are placeable. For example, we seem to have a firmwide consensus that certain types of attorneys are not placeable. Nevertheless, several recruiters has proven this is not true.
2. We should think of how to do it, not why it cannot be done. We frequently have various tasks which seem impossible.  We need to find ways to ensure they are done. It is also axiomatic that we can make more placements if we are taking each and every telephone call that comes into the office. How can we fix these problems?
3. We should not make excuses and start, instead, by questioning current practices. There are plenty of reasons that certain goals we set might not get completed in a timely manner. One issue we have had in the past is that goals which are not set are not completed. If we cannot complete the goals which are set, then the real issue is how we are doing our work and the efficiency we are bringing to it. The issue should not be that we have the work to do. Just like virtually every other United States company, there is not a lot of room for excuses about why goals cannot be met here.
4. We should not seek absolute perfection. Do it right away even if for only 50% of target. While we are aiming for perfection, simply stated, perfection is not always possible. Taking actions to ensure that we do our best is vitally important to our success. It is better to make an effort at doing something than not doing it at all.
5. We should correct it right away, if a mistake is made. Mistakes happen. What is most important is realizing that we need to correct mistakes rather than allow them to continue. We should always be asking ourselves why something did not work out the way we wanted to instead of dwelling on a mistake.
6. We should ask ‘WHY?” five times and seek root causes. If we believe that there is any need for improvement, either in our organization or in how we are doing our jobs, we need to ask ourselves “WHY” and search for the reasons we need improvement and how to effectuate that improvement.
7. We should seek the wisdom of multiple people rather than the knowledge of one. None of us can possibly know the solutions to every issue we face. It is better that we all operate as a contiguous group—learning and growing from each other—than as islands unto our own. This is probably the largest single reason recruiters fail—seeking input from others is vitally important to our success.

Kaizen Lessons

In our day-to-day work it is important that we do not accept convention ritualistically. Instead, we should always be seeking to improve the work that we do and become more insightful, more efficient and more alert to ways to improve the environment around us.

Good Legal Recruiting and Your Unique Selling Proposition

Even while you may be a good candidate, it is also extremely important that you are differentiates from other candidates. Good recruiters distinguish their candidates from all the rest. A really exceptional recruiter makes their candidates special in the eyes of law firms.

You should always work with recruiters who understand thid.

That is why using a recruiter is the single most effective way to get a job if the legal recruiter is good at their work. When a good legal recruiter is involved, the candidate can get many more interviews and job offers than they would if they sent themselves on their own or used an average legal recruiter.

Through our letters and packaging of our candidates we have the ability to make our candidates stand out and get more offers.

Every Candidate Needs a Strong Unique Selling Proposition

How does a good recruiter get their candidates differentiated? By creating a Unique Selling Proposition – or USP.

A USP is that distinct and appealing idea that sets you favorably apart from every other candidate who is approaching the law firm either on their own or through another recruiting firm. The long-term successes our recruiters to achieve for their candidates will, ultimately, be helped or hurt by the USP they decide upon for each candidate.

This is what good legal recruiting is all about.

The possibilities for building a USP are unlimited. It’s best, however, to adopt a USP that dynamically addresses an obvious void other candidates for the position may have that a recruiter’s candidate can honestly fill. Beware: It’s actually counter-productive for a recruiter to adopt a USP if their candidate will not appear to fulfill the promise once they interview.

Most candidates represented on their own or through other recruiters don’t have a USP, only a “me too,” rudderless, nondescript, unappealing letter that feeds solely upon the sheer momentum of the law firm with an opening. There’s nothing unique; there’s nothing distinct. They promise no great value, benefit, or service — just “hire x candidate” for no justifiable, rational reason other than a good law school or experience from a given law firm.

It’s no surprise then that most recruiters, lacking the ability to attach a compelling USP to their candidates, merely get by. Their failure rate is high, their recruiters are apathetic and grasp at every straw, and they get only a small share of the potential business. But other than recruiter’s pedigree or the firm they work for, why should any legal recruiter be in business or even practicing our profession if they fail to market their candidates in any appealing way, with unique features and abilities?

Would you want to patronize a recruiting firm that’s just “there,” with no unique benefit, no ability to market your unique strengths, no especially comforting counsel, no persuasive ability and no ability to synthesize your unique strengths? Or would you prefer a firm that makes you appear to be a superstar fulfilling the law firms hiring needs? Or one with the most jobs, the best recruiters and recruiters who actually CARE about the work that they are doing? Or one that represents the “Rolls Royce” of attorneys?

With each candidate we represent we reduce their USP to its sinewy bare essence.

Try it. With paper and pen, prepare a one-paragraph statement of your USP.

The USP is the hardest thing to write and generally goes into the summary section of our letters.It is the most important part of the letter.At first, you will have trouble expressing it tightly and specifically. It may take two or three paragraphs or more. That’s okay.

Our recruiters ruthlessly edit away the generalities, and tenaciously focus on the crispest, clearest, most specific promise the candidate could possibly hold out. Then, they rework it and hack away the excess verbiage or hazy statements until they have a clearly defined, clearly apparent USP a law firms can immediately seize upon. And then, they integrate this USP into each paragraph of the letter, repeat it when they speak with law firms about their candidate, drill this into their candidates as something they should talk about in interviews..

However, remember this axiom: You will not appeal to everybody. In fact, certain USPs are designed to appeal to only one segment of law firms. There is a vast gulf between law firms, and any USP probably can’t reach them all. To our recruiters we ask “Which do you want to stake out as your candidate’s market niche?”

Our recruiters also analyze the market potential of various USP positions in terms of interviews and offers.

Immediately following a placement write, we try to call or visit the law firms. During this follow-up effort, we do our best to see to it that the law firm feels important and special, and that they are “resold” on the value of the hire they just made. We repeat the candidate’s USP and remind the law firm how it helped them make their hiring decision. We reassure law firms about their wise decisions, and show how the same USP that served them this time will be there to serve them in the future.

Good marketing requires that you give law firms rational reasons for their emotional hiring decision. There is a formula for success, and the USP related effectively by recruiters is truly an integral part of that formula.

When the Going Gets Tough, The Tough Get Back to Basics

I’ve noticed an uptick in recent weeks in news stories, blog posts and general chatter about all of the “opportunities” available to attorneys in these harsh economic times. For example, there have been numerous articles about what a great time it is to put out your own shingle or to shift to a boutique law firm that may be able to weather the economic downturn better than BigLaw. While my personal career success is dependent upon attorneys moving from one firm to another, I recognize that there are many attorneys more concerned about hanging on to their current jobs than undertaking a dramatic (and potentially risky) new venture. What is the best strategy to hang on to what you already have?

Well, it’s simple: Get Back to Basics.

While there are a lot of factors outside of your control that may affect whether you keep your job (economic times, partner business development, cases settling or transactions being put on hold), there are a host of things that you can do to keep yourself off of the short list of the next round of layoffs or firings. All of them boil down to one essential strategy: Demonstrate to your employer that you are valuable and, ideally, indispensable.

By this I don’t mean that you should send a firm-wide email outlining your positive attributes, but rather that you should strive to outperform expectations and to raise your profile so that the decision makers know what you are doing. In tough times, the strongest performers survive. What does this mean?

• Be loud, aggressive and persistent in seeking new work. There may not be much, but everyone in a position to dispense work should know that you want to be first in line. Take partners to lunch or coffee. Visit partners’ offices and remind them that you want to work with them. If you are aware of specific new matters, ask the decision makers directly to staff you on them.
  
• Volunteer for the most unattractive and unpleasant assignments. Be enthusiastic about completing them quickly, professionally, and without complaints.
  
• Talk about yourself. Be sure that everyone knows your skills, expertise and interests. This is not the time to be a wallflower or to downplay your capabilities.
  
• Be positive. No one wants to work with (or to give work to) someone who is negative, complaining and unpleasant.
  
• Be a team player. Demonstrate that you are willing to do whatever it takes for the success of clients and the firm.
  
• Latch onto successful people. If there are partners, counsel or other associates in the office who seem to be busier than most, do whatever you can to connect yourself to them. Success breeds success.
  
• Lastly, and perhaps most importantly: Do excellent work. Now is not the time to be making careless mistakes or, frankly, any mistakes. Your goal should be to exceed expectations on every project.

None of these strategies is new, innovative or pioneering. But that is the point. Getting back to basics is the surest way to making sure that you are recognized for the right reasons, and to improving your chances of hanging on to what you have, at least until you want to make a move.

A Bird in the Hand?

As a result of the recession, a number of national firms have frozen salaries into 2009. Although it’s not terribly hard to understand why a firm would do that, I have heard one law firm suggest that freezing salaries would allow a firm to be in better position to offer bonuses at year end in 2009. Which I suppose begs the question or whether (as an associate) you’d rather get, say, $15K more in salary over the course of 2009 or have a better chance at getting a bonus, which could (in a market like New York) be significantly more than that amount.

Many of us are quite risk averse, so I’m not sure that a more concrete bonus a year from now softens the blow. Bonuses are usually quite discretionary, so it seems hard to drill down on what the exact benefit is in this situation. Having said that, maybe it’s wise to make sure to hold enough in reserve to reward those associates who go the extra mile in 2009. If you had to pick, which would you give up?

Timing is Everything

What does this mean for you right now? It means that over the next two weeks in January, firms will be closing out old jobs from 2008 and activating new jobs. By the end of January, 2008, therefore, we should have a clear picture of hiring for the winter season.

Our fingers are crossed that such picture will be a good one. In light of this fact, now is the time to call your recruiter and ascertain whether something new might be on the horizon for you in 2009. He/she will have a good idea whether such will be the case shortly. If so, fabulous, you can get to work submitting to new opportunities. If not (and the picture of 2009 seems the same as end-of-year 2008), then at least you will know that now may be the time to pursue other career options or think outside the box a bit more (relative to geographic regions, for example) in order to generate something for yourself in 2009. It’s knowledge worth having and a good way to begin the New Year with a pro-active stance and realistic expectations for yourself and your career.

Some Reminders Regarding References

References are kind of like the frosting on a cupcake.  They are one of the final touches that go into making your job search successful and sweet.  Many people overlook the importance of offering good references to prospective employers.   Here is a short checklist of some reminders regarding professional references in a law firm setting.

1. You generally need 2-3 partner references from your current and/or previous firm(s).  References are generally never attorneys who are more junior than you.

2. Make sure you choose references that really know you and can sing your praises.  Don’t feel shy about confirming with your references whether or not they feel comfortable giving you a positive character and professional reference.

3. Ask your references if they have a preference in how they would like to be contacted by prospective employers.  Since they are doing you a favor, try to be accommodating to their time and busy schedules.

4. If you are currently employed by a firm and are asked to provide references from your current employer- wait until you have signed a written offer letter by your new employer, before asking for references from your current firm.

5. After prospective employers have checked your references, be sure to send a thank you note and a small gift of appreciation to your references.  This is a thoughtful gesture to let your references know that you are grateful for their kind words and time.