At What Point Does a Lawyer’s Experience Outweigh Class Rank?

Grades play a part in a great many hiring decisions. However, the weight they are given depends on the particular firm involved and whether you are (A) a junior attorney or law student, (B) a mid-level to senior associate or (C) a partner. At each stage of your career the importance of grades will diminish. When you are considering a lateral move, there are certain firms that will never look at you unless your grades meet their standard. The very most prestigious firms such as Latham & Watkins, Skadden Arps Slate Meagher & Flom, Wachtel Lipton Rosen & Katz, Munger Tolles & Olsen and others will in almost all likelihood never interview or hire you unless your academic performance falls within a certain cut-off set by the firm, regardless of what stage you are in your career.

However, it is also worth noting that the most prestigious firms are often willing to look at individuals who are stellar performers who did not go to Top 10 or even Top 25 law schools. The most prestigious firms are looking for excellence; excellence in their minds begins when you receive your first grades in law school even if it is a second or third tier law school. Either you have it or you don’t.

There are many reasons that several top firms are so aggressive about grade cut-offs. The main reason is because it provides their clients assurances that the best lawyers possible are doing the work. It also increases the “aura” of a firm if they are widely known for being highly selective. In addition, these firms can afford to be so selective because they are places where many want to work. If you want to move into the very highest rungs of law firm practice (which is defined by prestige) your grades will be significant throughout your career.

The Importance of Grades for Junior Attorneys and Law Students

As any attorney who has ever participated in on campus recruiting is no doubt aware, grades are an extremely important criterion that firms use in the hiring of junior attorneys. Grades are far more important for law students than junior attorneys. Indeed, at no other point in your career will your grades be more important than when you are a law student.

Law Students

One of the main reasons that grades are emphasized so much for law students is that firms have very little else to go on when they are making hiring decisions. Firms can look at your college and your performance there. Firms can look at what activities you participated in during law school. Firms can also decide how much they like you. But in terms of judging how serious you are about law school, and how much aptitude you show for the practice of law, grades are generally the most important criterion that firms use in the hiring of law students.

In many respects, this is somewhat understandable and there is support for firms taking law students’ grades so seriously. For example, several studies have been done which have shown that your LSAT score, and not undergraduate grade point average, is the best predictor of your academic performance in your first year of law school. Similarly, there have been studies done that show that your performance in your first year of law school (and not during your second and third years) is the best predictor of whether you will pass your state’s bar exam on the first attempt.

The largest and most prestigious firms typically have the most serious grade cut-offs for law students. In addition, the firms that do on-campus recruiting at your law school also tend to place a great deal of emphasis on grades due to the fact that they can compare the transcripts of many students at one time. There are many large national firms that will only consider graduates in the top 5% from top national law schools and others that will dip below this to the upper 50% in the hiring of law students from top national law schools. The importance of your grades will generally increase as you go down the law school ranking ladder. For example, if you attended Yale Law School, your grades will be less important to most law firms than they would be if you attended a fourth tier law school.

Nevertheless, it is important to note that law students from most law schools can find positions in most cases regardless of their grades. If you are interviewing with firms that typically do not do a lot of on-campus recruiting at your school, the odds are that grades will be emphasized less than they otherwise might be. In addition, many smaller firms may emphasize grades a great deal less than top national law firms due to the fact that they may be more than happy to get a student from your school. Finally, there are certain specialties (such as patent law) where your academic performance in law school may be emphasized even less than your undergraduate performance by some firms.

As recruiters, we have been amazed by the fact that grades are not always emphasized as much as some attorneys might think. We have seen attorneys from Fourth Tier law schools at the bottom of their class get positions during law school with top national law firms, for example. In general, there is some predictability to where people end up based on their grades. Nevertheless, there are exceptions to this rule and we continue to see them on an ongoing basis. The fact that the exceptions do occur with regularity should clearly demonstrate that there are forces at work beyond grades in hiring decisions made by many firms.

Junior Associates

Associates with one to three years of experience considering a lateral move are typically worried about their academic performance and how this might affect their move. The reasons associates worry about this so much is due to the fact that they have been so recently conditioned about the importance of grades during law school. As you progress in your career, grades recede in importance. Many attorneys are able to move to firms they might not have been able to get jobs in while they were in law school when they move laterally as junior associates.

The largest explanation for why grades will recede in importance when you have one-three years of experience is due to the law of supply and demand. If you think about it, the law of supply and demand is something that is important throughout your legal career. As a law student, you competed with many associates who are indistinguishable based on not much more than the law school they attended and how well they did there. The best jobs generally go to the best students from the best schools. As a practicing attorney moving laterally, the best jobs generally go to the attorneys who are most in demand. In this case, more often than not, it means the attorneys from the best firms, with the level of experience and the demonstrated expertise that the firms need. As set off below, due to the law of supply and demand, as a lateral attorney moving you will be competing with fewer attorneys for the same positions and firms will not be able to be as selective in terms of your grades:

• First, when you are one to three years out of law school, you have presumably begun to specialize in some branch of law. The more unusual that branch of law is, the fewer attorneys you will be competing with for your position. Accordingly, firms desiring someone with your skills will be more likely to overlook a less-than-stellar academic performance to get someone with your skills. As you are no doubt aware, firms are forced to “write off” a great deal of an attorney’s time during their first year of practice because attorneys are not the most productive their first year. As you get more skills and experience, your value to firms increases because they do not have to write off as much of your time. The value of this training increases exponentially depending on how few attorneys practice in the same branch of law as you do.
• Second, many attorneys leave the practice of law entirely during their first three years of practicing law. Accordingly, those that continue to practice law are competing with fewer people for the same positions. Because there are fewer people you are competing with, firms do not feel the need to be as selective about whom they hire based on grades.
• Third, you will be benefited by the fact that you have proven that you are dedicated to the geographic location you are in. The benefit of being part of the legal community and having stability in the region is something that is very important to law firms.
• Fourth, the law of supply and demand is also governed by the fact that many attorneys disqualify themselves from big firm practice very early in their careers by accepting jobs with firms that are not conducive to moving laterally to a grade conscious firm at a later date. For example, many attorneys accept positions with insurance defense firms, or smaller unknown firms that do unsophisticated work. While there is nothing wrong with this decision, the fact of the matter is that most firms that care about grades want to hire attorneys they perceive as having the training it takes to practice law in a big firm environment. Because the substantial majority of law graduates go to firms that grade-conscious firms perceive as not providing a high level of training, the fact of the matter is that most grade-conscious firms cannot afford to be overly grade conscious when hiring laterals. In fact, the quality of the firm you are coming from is most often more important than your grades when you are moving as a lateral with 1-3 years of experience.

If there was ever a better illustration of the points discussed above in action, it is the hiring of corporate attorneys on both coasts in 1998 through most of 2000 which took place at a dizzying place. Many of the most prestigious national law firms were hiring corporate attorneys out of small law firms without ever seeing so much as a transcript. This pattern emerged because the firms had more work than they could handle. While most of the best-known names in the legal profession were inflexible with lowering their standards, a great many firms did budge on their standards and hired everyone they could get. In this circumstance, the importance of grades virtually vanished.

None of this is to say that grades completely recede in importance. If you think about the law of supply and demand, you will quickly realize that it can also make grades important later in your career. In the example above, there was a tremendous demand for corporate associates on both coasts for a three-year period. In 2002 this trend has reversed itself. With numerous corporate attorneys from top national law firms competing for the same positions, grades can certainly become something of importance in distinguishing between candidates.

Mid-Level to Senior Associates

In the mid-level to senior associate realm, the same prejudices that the largest firms have about grades are still present. The largest and very most prestigious firms still are generally quite interested in your grades. Nevertheless, as recruiters we have noticed a greater willingness of firms to “look the other way” or not take grades as seriously as they definitely would for law students and to a lesser extent would for junior associates.

The Mid-level Associate

As a mid-level associate, firms are generally most concerned about your legal skills and the potential you show. If you are coming from a firm with some stature, then law firms will assume you have the training that they need. Mid-level associates are typically quite profitable for firms because they can efficiently do the work at rates that clients will not balk at. As a mid-level associate, most firms will look at your grades. Nevertheless, firms’ largest concern will be with your ability to do the work and the potential you show for growth within the firm.

The same illustrations outlined above regarding (1) your specialization, (2) the number of attorneys still practicing, (3) your geographic commitment, and (4) the firms that have given you high-level training become even more important for midlevel associates than they are for junior associates.

The Senior Associate

After several years of practice, the same four factors identified above become increasingly important in firms’ evaluation of your relative strengths. In addition, firms become more concerned with your potential to make partner and your business generation abilities. At this level, these other concerns far outweigh grades at 99% of firms.

The Partner

At the partner level, grades have almost no importance. Concerns about your business generation ability and other factors assume an importance far beyond your grades. In fact, we would estimate that in 7 out of 10 partner placements we make, the firms hire our candidates without ever requesting to see their grades. There are, of course, exceptions to the rule. In fact, there are some super prestigious national firms that will continue considering your grades to be of paramount importance throughout your career. On some occasions, we have seen partners who were national figures in their practice area with multi-million dollar books of business not get interviews because of their law school grades. Nevertheless, this occurs quite infrequently.

Conclusions

Grades are most important for law students. At the junior associate level they become less important and become even more so throughout your career. While law school is three short years, your legal career can span over 30 years. Accordingly, it goes without saying that your law school performance is by no means the most important indicator of the success you will have in the practice of law. Nevertheless, there are some American law firms where your grades will prevent you from getting a position throughout your career. However, with all the opportunities available in the market, one’s law school grades ten, five or even one year after law school are not something that will hold you back with most firms if you have managed other aspects of your career correctly.

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Moving Your Practice (and Portable Business) to Another Law Firm

Moving your practice to another firm is a daunting task that requires your undivided attention to detail, your ability to identify and navigate around potential minefields, your capability to resolve issues expeditiously, your interpersonal skills to temper hurt feelings and egos, your access to the resources of your new firm, and the assistance you receive from key individuals within your current firm as well as others outside of your firm, such as your recruiter. You should start preparing your exit from the instant you decide to look for greener pastures. It is essential for you to anticipate potential pitfalls so that you can devise contingency plans well in advance to avoid embarrassments and confusion.

It helps to always focus on your clients, who are the most important element in making a move successful. Everything you do should directly or indirectly relate to your clients. Obviously, you have both an ethical and legal duty to continue to provide the necessary service to your clients during your move. The second most important element is to act expeditiously. Remember that time is your enemy; the longer it takes you to resolve issues to complete your move, the more likely additional problems arise. Below is a checklist to consider in contemplating your move:

1. Before you talk to any firm, the first thing you must do is determine whether or not your clients would move with you. Because of your long-term relationship you may believe a certain client would move with you and that you may feel it is unnecessary to confidentially inform your client of your intentions. This is fine, but be prepared in case the client does not feel the same way you do. If you have any doubt, you should have confidential discussions with each of your clients and you should get a firm verbal commitment that they would follow you to your future firm.
2. Another reason you would want to inform your clients beforehand is to avoid a situation where a client may have personal or legal conflict that cannot be waived or resolved with a potential firm’s lawyers or clients. You should prepare a list of firms you must avoid based on your discussions with your clients.
3. One way to head off potential problems with continuing to provide services to your clients while preparing your transition to your new firm is to determine ahead of time whether a service partner or other key personnel, such as associates, paralegals or secretaries, are interested in moving with you. Be careful not to disclose your intentions indiscriminately throughout your current firm. You should first target those individuals without whom you cannot adequately service your clients. Then obtain from each individual a verbal commitment that they would keep your intentions confidential and whether they will move with you to the new firm.
4. After you have met with your potential new firm, and there is a mutual attraction toward one another, the next step should be to have a conflicts check done. Because you already know which firms to avoid, you should not encounter too many problems. Any red flags should be resolved at this stage.
5. Once you receive a written offer from the new firm and you are ready to sign it, you should give a written resignation to your current firm. You should inform all the key people in your firm, including the managing partner, the executive committee members, and the head of your particular practice group, of your decision. In your conversations with these key individuals, try to avoid any negative criticism of the firm. It is now too late to be critical of the firm since you have made up your mind to leave and any negative criticism will be viewed as a final departing insult. Remember that this firm still has to cooperate for you to have a smooth transition to your new firm.
6. You should request that your new firm have business cards prepared as soon as possible.
7. At this stage, you should already know exactly which clients would move with you. You should have your new firm prepare notices informing courts, adversaries and opposing counsel that the new firm is replacing your old one. For litigation matters, Substitution of Attorneys should be prepared, executed and filed with the court. For transactional matters, letters to all parties involved in the transactions should be adequate. Because it is important for you to prevent major disruptions in servicing your clients, these notices should be done swiftly to avoid missing important court imposed deadlines in a litigation case, or neglecting contractual obligations in transactional matters. Given that you have already held discussions with your clients informing them of your intentions and that they have agreed to move with you to your new firm, there should not be any surprises during this step.
8. For all pending matters, inform all of your clients by letter of the name, address, telephone number and other pertinent contact information of your new firm. Include your new business card.
9. Make the necessary arrangements, and document it through a confirming letter, with your old firm so that you will receive all incoming correspondences and letters the same day or hour they arrive.
10. Inform the postal service and other mail carriers regarding your new address.
11. Your new firm should assist you in making the necessary arrangements for the physical transfer of your clients’ files.
12. Likewise, your new firm should assist you in transporting your personal items, files and furniture.
13. Your new firm should prepare and send out a press release announcing your joining the firm.
14. Your new firm should consider publishing a notice in various legal journals announcing your joining the firm.
15. Your new firm should also send out announcements to your and the firm’s clients, potential clients, professional acquaintances, associations with whom you have a membership, and anyone else in your Rolodex.
16. In the event the press interviews you, you should never say bad things about the firm you are leaving. Stay positive! Also, get assurances from your new firm that no disparaging comments about your old firm will be made to the press as it relates to your departure.

Obviously, this is not an exhaustive list and you may need to add to it depending on your particular circumstances. In our experience assisting partners and practice groups in making a successful and smooth transition to a new firm, preparing ahead of time is vital. In making your preparation, your focus should be on your clients and proceeding expeditiously. Assume that you will encounter surprises and difficulties, but preparing in advance will make the process less daunting.

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How to Keep a Job in a Tight Market

The days of absolute job security are gone for the time being. Many large law firms continue to lay off associates, and some are even demoting equity partners to non-equity status. However, litigators with top academic credentials and with major law firm experience continue to be in demand, and patent lawyers with a background in electrical engineering still manage to get more than one job offer.

If you are a corporate or e-commerce transactional lawyer, and you still have a job, you must do what you can to keep it in this turbulent economic time. Even though you may keep your eye on other opportunities, you must not lose your focus on maintaining excellent working relations with the partners at your firm, particularly those in hot practice areas. This is especially true if it is your intention to remain at the firm after the market improves or you have a long-term goal to become a partner at the firm.

What should you do to make yourself indispensable to your firm, so that even if layoffs are announced you will be spared? This article will discuss how you can hold on to your job even in a tight market.

Be A Team Player. Always show an energetic and welcoming demeanor at the firm. If your workflow is slow, ask for additional assignments. Some associates do not ask partners for work because they find it demeaning or fear rejection. In most cases, because those associates are perceived to be aloof and not willing to work, they are the first to be laid off. If the work in your practice group is slow, volunteer to assist in matters that are outside your practice area. Be willing to help out and assume responsibility in tasks that might not normally interest you. Not only will you raise your billable hours, the firm’s partners will also appreciate your initiative and commitment to the firm.

In addition, volunteer for various firm activities and business development matters without expecting something in return. Offer to help partners and senior associates in their pro bono cases or in writing an article. Writing articles benefits your firm as well as your professional development. Not only will it enhance your resume, you also will become known in the legal community.

If you are asked to help out on a project, accept it unless you have a very good reason not to do so. If you must refuse, apologize and explain to the partner that you would be able to assist to a smaller degree, such as by completing specific legal research pertaining to the project or by writing some part of the article. Never refuse outright, and always put a positive spin on declining assignments.

Doing Excellent Work Is Only One Part Of Your Value To The Firm. Of course, doing excellent work, having an in depth knowledge of your practice area, and billing well above the minimum required - especially if the work exists - are very important for your success at a firm. Obviously firms are less forgiving of unproductive associates in slow economic times, and you should not give decision makers reasons that you should be asked to leave.

But seniority and relationships with key lawyers at the firm are factors that are vital when a firm has to make a decision as to who should be laid off. Associates must develop relationships with key partners and associates to enhance their longevity at the firm.

You should go to every firm social event that you can. Don’t be overbearing, but you should try to have conversations with key lawyers at the firm. Be subtle in your approach, and try to show them that you are an interesting and likeable individual. Do not talk about yourself too much, and be a good listener. Follow their lead in the discussion, and ask relevant questions showing them your interest in what they are saying. If you do get a chance to speak with them one-on-one, you can be more direct and volunteer to help out on a matter they are handling.

Keep Abreast Of The Legal Job Market. With some exceptions, people who have been laid off have ignored warning signs. Perhaps there are rumors at the firm, or in the legal community. This does not mean that your resume should be in front of other potential firms at the first sign of rumors. Rather, you should begin to gather some intelligence at the firm regarding the rumor, and who may be affected if the rumor is true. There is always some associate at the firm who is well informed of confidential deliberations by the firm’s leaders. Be very careful, however, and make sure you do not fuel the rumor. You do not want any attribution to a rumor, because if there is anything that offends firm leaders, it is the person who infects the associate pool with negative news about the firm regardless of whether what is being said is true. You also should look around to determine who is sought out by partners to handle matters and who is being ignored. You should also ask yourself if you are being passed over for assignments.

After gathering the intelligence, if you conclude that you may be a victim of a layoff, be proactive. You are more than welcome to contact us so we can advise you on the current legal market, the likelihood that you will find employment, and how to best approach your search so that you will have started the process before the hammer comes down.

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How to Effectively Interview Lateral Candidates: Pointers for Law Firms

Numerous books, articles, and training materials have been written on the subject of how to successfully interview for a job. Most of this information is geared toward the job candidate, instructing him or her to dress professionally, arrive on time, anticipate difficult questions and prepare responses, maintain eye contact, avoid slouching, and generally make the best impression on potential employers.

However, the role of the interviewer is just as important to the success of the interview process. First, the goal of the interviewer is to gather enough information to properly evaluate the candidate and determine if he or she is a good fit. The interviewer’s ability to accomplish this task can be the difference between an informed hiring decision and a costly mistake.

In addition, the interviewer’s goal is to effectively promote his or her company in order to attract the best possible candidate for the position. In a law firm setting, today’s thriving legal market has made the hiring process increasingly competitive, as firms vie for the strongest candidates in certain practice areas. For example, in Washington, DC, there is a high demand for experienced commercial real estate and corporate associates and a relatively low supply of qualified candidates. As a result, strong lateral associates in these practice areas are often in the enviable position of being able to choose between offers from several firms. Therefore, the interviewer’s role in best presenting his or her firm to strong candidates is particularly crucial.

Since attorneys in private practice are trained in the practice of law rather than the art of interviewing and often have extremely demanding schedules that make it difficult for them to spend a significant amount of time preparing for interviews, it can be challenging for firms to ensure that lateral interviews are accomplished as effectively as possible. Nevertheless, there are some steps that the firm’s recruiting department can take to help ensure the success of the interview process.

Based on the experiences of BCG Attorney Search’s legal recruiters and feedback we receive from the candidates we represent, here are some pointers that we hope can help your firm and its attorneys when interviewing lateral candidates. While situations vary and all of these suggestions may not be practical in every case, we provide them as a general guideline for your firm’s use.

PRIOR TO THE INTERVIEW

Provide interviewers with a detailed description of the position. In order to choose the best candidate for the job, the interviewer needs to have a clear definition of the position the firm is seeking to fill. This information is often obvious, especially if the practice group is small and specialized. However, if the position requires particularized knowledge, experience, or skill levels, and the job description is detailed and lengthy, it is helpful to provide this information to the interviewer—especially if the interviewer is a junior associate and is not as familiar with the firm’s hiring needs.

Provide interviewers with detailed information on the candidate, including any cover letters submitted. Interviewers should have access to and review as much information about the candidate as possible prior to the interview. Some recruiting companies, including BCG Attorney Search, prepare detailed cover letters explaining very relevant information, such as the candidate’s reasons for seeking a change, performance reviews, etc. This background information is very useful to interviewers and can provide topics for discussion during the interview.

Select the right interviewers. The firm’s recruiting department may well have limited options when it comes to deciding which attorneys to include on the interview schedule. However, to the extent that there is some flexibility, it is advantageous to select those attorneys who have both the time and the desire to conduct an interview and to present the firm in the best possible light. If an attorney is extremely overworked or stressed preparing for a trial, this stress will be apparent to the job candidate and can be off-putting. Similarly, if an attorney seems to be at a point where he or she is disenchanted with the firm or the practice of law in general, this attitude will be conveyed to the candidate. For these reasons, selecting appropriate interviewers whenever possible can be of considerable value to your firm.

DURING THE INTERVIEW

As discussed above, most attorneys are not interviewing experts and could benefit from receiving some general guidelines on how to conduct interviews. Specifically, they should be encouraged to:

Build a rapport with the candidate. At the same time that a lateral candidate is being evaluated, he or she is also evaluating the firm, its atmosphere, and its people. If a candidate feels comfortable at a firm, he or she is much more likely to look favorably upon an offer from that firm. In addition, a candidate who is at ease in an interview is much more likely to speak freely and share information that will help the interviewer in making his or her evaluation.

To that end, interviewers who are friendly, warm, and attempt to build a rapport with the candidate by continually establishing a sense of trust with him or her throughout the interview will increase the comfort level of the candidate and enhance the information-gathering process. To build a rapport, an interviewer can initially make small talk with the candidate and ask simple, close-ended questions (e.g., “Did you have any trouble finding our office?;” “How is your summer going?”) to make the candidate feel at ease.

In addition, the interviewer can identify and reflect back a candidate’s nonverbal cues. For example, if the candidate sits forward in the chair and uses his or her hands to gesture when speaking, the interviewer can follow the candidate’s lead and casually mirror (without mimicking) these movements. In this way, the interviewer can establish a rapport with the candidate and facilitate the free flow of information during the interview.

Ask open-ended questions. Open-ended questions - typically questions that begin with “why,” “how,” or “what” - are designed to allow the candidates to express themselves more fully, and enable the interviewer to gather more information on the candidate. Once the introductions are made, the interviewer should avoid posing closed questions (”Do you like practicing law?”) or leading questions (”I love working late nights, don’t you?”) and instead focus on open-ended questions in order to facilitate communication. Some examples of open-ended interview questions are:
- Why do you want to change jobs?
- What interests you about our firm?
- How did you end up specializing in ____ law?
- What are you looking for in a new position?
- Tell me about a recent case/transaction that you worked on.
- How much experience have you had mentoring junior associates?
- What are your favorite aspects of practicing law?
Interviewers who reviewed the candidate’s resume and other materials prior to the interview can also ask open-ended questions pertaining to the candidate’s specific background and achievements, which will impress the candidate by showing that the interviewer was interested in the candidate’s background.

Be a good listener. In order to learn valuable information about the candidate, the interviewer must not only ask open-ended questions; he or she must also actively listen to the candidate’s responses. Active listening includes maintaining eye contact, listening closely to what the candidate is saying, repeating what the candidate said, and asking follow-up questions.

If the interviewer speaks for 25 of the 30 minutes of the allotted interview period rather than spending a substantial amount of time listening, the candidate may come away from the interview feeling both uncertain as to how he or she did and concerned about the interviewer’s apparent lack of interest in the candidate’s work experience and accomplishments. At the same time, the interviewer did not gather sufficient information about the candidate to make an informed judgment as to whether the candidate would be the best fit for the job. While some sharing of information by the interviewer is needed in order to promote the firm, ideally the parties will engage in a back-and-forth discussion—similar to a tennis match—that will allow both parties the opportunity to speak and exchange information.

Avoid pop quizzes. Some of our candidates have reported that they received a pop quiz about their writing sample or the statutes pertaining to their area of specialization during an interview. Unlike law students, who must endure the Socratic method of teaching while in law school, most experienced lateral candidates do not respond well to being put on the spot in this fashion and may form an unfavorable opinion of the interviewer and/or firm if this technique is employed.

Resist the urge to make a snap judgment. Studies have shown that many interviewers make a determination about a candidate very early on in the interview, often within the first few minutes. However difficult, interviewers should resist the urge to make snap judgments about candidates and instead take the time to listen and gather appropriate information before forming an opinion. A candidate who initially may not seem like the best fit could turn out to be ideal if given the chance to communicate his or her experience and strengths during the interview.

AFTER THE INTERVIEW

Gather comments from the interviewers as soon as possible. Interviewers should write out their notes and comments about a candidate as soon as the interview is completed in order to memorialize their thoughts in the most accurate manner. The firm’s recruiting department can encourage prompt return of evaluations by requesting them back within 24 hours of the interview or providing an incentive for those who return their evaluations the soonest. Doing so will assist the firm in compiling information on a candidate and will also reduce delays in following up with particularly strong candidates, who may perceive any delay on the part of a firm as a lack of interest.

Ask the legal recruiter for feedback. If a lateral candidate came to your firm via a legal recruiter, the legal recruiter will contact the candidate shortly after the interview for a debriefing. During these conversations, candidates typically provide very frank assessments of the interview and their interviewers, which information can prove invaluable to firms in determining how better to improve their interview process. This is especially true when firms are having difficulty filling a particular position and can’t figure out why. In these situations, ask your legal recruiter for feedback.

In conclusion, we hope that the above pointers will help to make your firm’s interview process more effective and successful. If you have any questions, please feel free to contact the BCG Attorney Search office in your region and we will be happy to further assist you.

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Can BCG help someone find a job in a geographic area not generally associated with his or her practice area?

Q: Can BCG help someone find a job in a geographic area not generally associated with his or her practice area, such as an entertainment attorney in Nebraska or an agricultural property lawyer in New York City?

James LaFontaine, Chicago

A: It really depends on the practice area and the city. Some practices do not need to use recruiters; these groups will hire candidates through contacts or word-of-mouth. Likewise, some areas of the country, such as Nebraska, do not have a large enough legal market to require the services of a recruiter. Within large cities such as Los Angeles and New York, some entertainment practices work with recruiters. I do not think I’ve ever come across an opening for agricultural property, so I doubt these practices would use a recruiter. Other practices that do not generally work with recruiters are personal injury, immigration, insurance defense (not insurance coverage—that is very different), civil rights, criminal law, and family law.

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Tomatoes Don’t Move

On a day-to-day basis, I am a relatively serene person.  I’m glad to have finally rediscovered my tranquil side because for five years it was notably absent.  I was, after all, a practicing lawyer.  Do you remember the scene in Tootsie where Sydney Pollack, an agent, tells Dustin Hoffman that he can’t get him any work because no director anywhere will work with him?  Dustin Hoffman’s character, Michael Dorsey, is “difficult”.  In fact, he is so difficult that he gets fired from a commercial because, when playing a tomato, he refuses to sit down.  “Tomatoes don’t move,” Michael tells his agent in self defense. 

I identified with Michael Dorsey’s irritation when I worked in BigLaw.  The inanities of large firm culture really seemed to overwhelm me.  Unlike Michael, I never vocalized my disdain (okay, almost never), but I would constantly stew over things that were clearly misguided and ask myself “why in God’s name would you choose to proceed that way?”  There were usually some expletives thrown in there, too.  I just found certain things rankling. 

For instance, I worked at one firm where there seemed to be a strong and perplexing aversion to research memos.  I was told early on that my particular section really didn’t do those.  What then, I asked, should I type in their stead?  Oh, nothing, I was told—just give me the cases you find.  Okey dokey, I said to myself, so, if I am to understand this correctly, you want me to print out cases from Westlaw and hand them to you without any analysis?  Well, I guess I can do that.  But you might want to hire someone else for the task—say, for instance, a monkey (albeit a smart monkey)—because I could train a monkey to enter search terms on Westlaw and hit the print button.  I think I actually saw that on Animal Planet.  And, by the way, what are you going to do with the cases once you get them?  Come into my office and ask me why I think a certain case is relevant?  If that’s the case, wouldn’t it really be a time-saver in the end to have me draft a short little memo?

What elicited an even a bigger “why?” was the next step in the process—writing the brief.  Not that I would know much about that process since the partners in my section rarely trusted associates to draft anything.  In the mind of my section heads, briefs were too beautiful, too sacred to be sullied by the dirty hands of the salt mine workers.  Funny, I thought.  Aren’t drafting memos and briefs the bread and butter of associate life?  Who, then, you may ask, would draft the briefs if not the obvious contenders?  The partners, of course.  That’s odd, I said to myself.  At other firms partners would rather stick hot pokers in their eyes than sit in front of the computer and cite cases in a brief. 

All of this is to say that the partners in my section did a lot of work that clients do not typically pay partners to do.  Why these particular clients were willing write us a check every month was beyond me.  Again, “why, why?”  It’s also to say that I ended up doing a lot of things that clients didn’t typically pay mid-level associates to do, i.e., document review and performing the monkey routine on Westlaw.  I felt stuck in a phrase, watching the skill set I had accrued flag.  I didn’t take one deposition or argue one motion when I worked there—both activities in which I had gained experience in the past.  In my mind, if I continued down this road, then, like Michael Dorsey, I would soon be unemployable.

I noticed that other associates around me didn’t tend to be bothered by these things to the extent I was.  They kind of laughed along with me when I pointed out these disturbing trends, but they didn’t seethe with anger.  I kind of felt I was the only person who wasn’t waltzing through life in a daze.

In truth, I was the one in a daze.  The business management in my section was not going to change, no matter how asinine it seemed.  I don’t to this day waver when I characterize my former section as poorly and inefficiently run.  There is, after all, a problem when partners are billing 2300 hours/year and associates cannot meet their 2000 billable hour requirement.  However, I was the one that would have to change—not my actions, but the level of distance I chose to put between myself and the situation.  If I couldn’t manage this task, I would have to make a more significant change.  I eventually did the latter by leaving the practice of law.  And I started dressing in drag.

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Relocating to New York City from New Jersey

Q: I have been working in a small firm in New Jersey practicing labor and employment law since I graduated from Rutgers in 2007. I was in the top third of my class and was on Law Review. I really want to make the jump to a top-tier New York firm, as I feel I have developed my skills to a point where I can excel at a higher level. Is there any chance I can transition to a top labor and employment practice in New York City?

A: Thanks for your question! We often talk to attorneys who are interested in the challenge and sophistication that many Manhattan-based large firms offer. Not surprisingly, those firms are quite picky about the candidates they consider. Certainly, your academic record is very relevant. It sounds like you did well in law school, although where you went to law school and what your transcript looks like may make a difference, depending on the firm. Some of the larger firms in New York don’t like to see anything less than a B on transcripts, so we’d have to investigate that a bit further. Moreover, if you went to a top law school, it’s likely that top 1/3 of the class is more than sufficient. And congratulations on making Law Review! It’s a great academic honor and will be a valuable credential in your job search.

Because you are coming from a small firm in New Jersey, it may be difficult to join a large New York practice; but the truth is, it just depends. What sort of experience have you had? If you’ve had the opportunity to handle work that is relevant to the New York firm, you may still be quite marketable. For example, you may be with a boutique practice that is normally litigating employment issues against large firms. This may be very attractive to a potential firm because it’s likely that you are accustomed to the sophistication of the work and charged with a great deal of responsibility. However, large New York firms, on balance, will favor large law firm experience because a large law firm associate is almost certainly already trained to work well in that environment. Learning how your experience compares to that of your law school classmates in large firms will give you some indication of whether your skill set is marketable.

Finally, you should become admitted to the New York Bar as soon as possible, if you are not already. Because you are in a litigation-oriented practice, admission to the bar is especially important.

I would make sure to stress that you have the best of intentions and that you have a recruiter who can help you articulate those to a potential new employer. You are obviously ambitious and enjoy being challenged. These are great qualities for a mid-level associate. Your potential employer should know that you are ready to work hard and take every opportunity to learn and develop. Best of luck to you!

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