A Note (or Wake-Up Call) to Mid-Level Associates

The lateral job market is consistently at its best for associates with 3 to 5 years of experience, as these attorneys generally have adequate enough training and experience to be able to hit the ground running at a new firm. More junior level associates – with one to two years of experience – tend to be in demand on a less consistent basis, with demand increasing during economic boom years. So, for the foreseeable future, the market continues to favor associates at the mid-level.

Attorneys with more senior level experience consistently have a more difficult time making a lateral move, unless they have a portable book of business or very specific and in-demand practice area expertise.  While in past years, law firms were interested in bringing on senior level attorneys, with top experience and credentials, to “service” other partners or firm practice areas, the trend has changed. We are not likely to see increased demand for senior level attorneys until the economy picks back up. It always pays to try, but senior level candidates need to be patient and recognize that, at their level, it could take significantly more time to make a lateral move.

For those who have not yet reached the senior associate level, now is the time to look to make a lateral move. You will be at your most marketable between your third and fifth years and, therefore, will have more available options. Peak hiring season tends to start just after the start of a new year, which makes now the optimum time to begin your job search.

Tips for Effectively Utilizing Internal Contacts During Your Job Search

I decided to write this article after being asked by candidates, on a number of occasions, for my opinion on how to best utilize internal contacts during the law firm application process. This is a great question and it comes up often. While much depends on the circumstance, as a general rule of thumb, candidates fare far better when they allow their recruiter to submit their application and then have their contact “bolster” the candidate’s submission. This is the case for several reasons:

• First, if you are working with a good recruiter, they will present a complete application to the firm (rather than just floating a copy of your resume to someone). This will include a detailed cover letter prepared by your recruiter, your resume and transcript, a writing sample, and any additional relevant details.
• Second, your recruiter should know the appropriate contact person within the recruiting department and can make sure that your application gets in front of the correct person.
• Third, your recruiter has the expertise and can commit the time to continuously following up on your submission and advocating for your candidacy as needed.
• Fourth, if you are granted an interview, your recruiter can help you prepare for that interview.
• Finally, if you use this consistent approach to applying to firms – rather than supplying your resume to multiple people without accounting for where it’s going – you will preserve the confidentiality of your job search and will ensure that your resume does not get into more hands than necessary.

I have talked to many former colleagues and acquaintances that are at the management and partner-level in law firms of all sizes. Almost all of them receive resumes from friends, colleagues and associates on a regular basis and, in most cases, those resumes simply sit in their email inboxes or on their desk. Why? They don’t have the time or incentive to pass that resume on to the appropriate department and to the firm’s recruiting coordinator. They are generally far too busy working on their own matters and do not have enough information about a candidate (based on a one-page resume) to effectively advocate for them. Additionally, keep in mind that – even though you may think the world of your friend who may be an associate at a law firm of interest to you – it is never clear what that attorney’s standing or reputation is at their firm. If they don’t have the clout, your resume may get nowhere. Recruiters with strong submissions and a reputation for presenting firms with excellent candidates will typically have a lot of clout within law firm recruiting departments and can, thus, get their candidates before the firm.

Of course, this is not a hard and fast rule. There will certainly be circumstances where it makes sense to directly present your resume to a law firm, but these circumstances will be rare (for example, if you have a direct connection to the firm or practice group’s hiring partner). Absent that sort of high-level connection, we have seen that the most effective way to get before a firm is to have a trusted recruiter submit your application and provide you with the appropriate contact person within the firm’s recruiting department so that you can have your contact “bolster” your submission by acting as a reference. Wait for a couple of days, following your recruiter’s submission to the firm, so that your submission has time to be processed by the firm’s recruiting department. Finally, I would recommend that you do not provide a copy of your resume to your friend/contact (but rather just have them contact the firm’s recruiting department to put in a good word for you).  In the past, when candidates have provided their friend’s with resumes, the confidentiality of their search has been breached and, more often than not, it has resulted in confusion and frustration within the law firm, since the firm then has multiple copies of your resume). While it requires some forward thinking and clear communication between you and your recruiter, if done correctly, this approach should be the most effective way to land an interview.

Don’t Believe the Hype About “Exclusive” Job Openings

Lately, we’ve been hearing from candidates that they are receiving cold-calls from recruiters claiming to have “exclusive” job listings that can only be applied for through that cold-calling recruiter. Of course, this is nothing new, and is indeed a favored strategy of cold-calling recruiters; but, I’ve recently seen candidates make costly mistakes as a result of such calls, including one instance where a candidate accepted an offer that ultimately is a very poor fit for her credentials and her stated long-term career interests.

The bottom line: when it comes to “exclusive” job listings, don’t believe the hype. Only in rare instances will firms enter into exclusive arrangements with a recruiter with respect to a job opening. Think about it – by doing so, a firm vastly limits its potential candidate pool. Of course, there are some instances where contractually binding exc lusive or retained search agreements make sense – for example, when a firm is looking to bring on board a new practice group or has had trouble finding qualified candidates for a position requiring a very specific or technical skill set. But these instances are rare indeed.

Here are some tips on how to handle the next cold call from a recruiter with a so-called “exclusive” job listing. First, ask them some key questions, such as: why is the law firm in question handling this particular search as an exclusive rather than opening it up to other recruiters?; how does the recruiter know that this is an exclusive search/i s there a contract between this recruiter and the firm stating that the recruiter is the only person entitled to fill this job opening?; and, why was the recruiter interested in taking on this exclusive search/what is it about this firm and this position that so appeals to the recruiter? If this is truly an exclusive, the  recruiter will easily be able to answer these questions (and, in fact, most good recruiters who are handling an exclusive listing will provide  answers to these questions before you even get a chance to ask them).

Also, don’t forget to use your common sense. If the cold-calling recruiter is overly-concerned about you disseminating information about this listing to your long-term recruiter, this should give you some pause. If it is really an exclusive the recruiter won’t be too concerned about this, since they should have a contractually binding agreement in place stating that they are the only recruiter who can submit candidates for the position. Lastly, as always, be leery of a recruiter who is ready to fire off your resume to a law firm after nothing more than a 5-minute conversation with you. That recruiter can’t possibly know enough about you or your career goals to be an effective advocate for you, or to help steer you towards opportunities that are best-suited to your expertise and interests.

Remember, the best way to ensure a successful job search is to adhere to a consistent approach. If you’re working with a recruiter you trust, stick with that person. If that person knows that you are putting your search in their hands, they will be fully committed to finding you the best fit for your interests (and will advise you accordingly, rather than trying to steer you towards an opening they have been incentivized to try to fill on behalf of a firm). Finally, keep in mind that you are better off sending your resume to as few recruiters as possible – this will help ensure the continued confidentiality of your search and can help protect against the unauthorized dissemination of your resume.

What do you have to offer your future employer?

Here’s some practical advice for senior associates, of all practice areas, looking to make a lateral move: start thinking about your business development prospects and what you can do to market yourself to potential clients once you make your lateral transition.  While this advice is of particular importance when considering lateraling from a large national or international law firm to a smaller national or regional law firm (as these firms almost uniformly ask about a candidates business development plans prior to or during the interview process), it also holds true for senior associates looking to transition to larger firms as well.

Consider putting together an informal business development and marketing plan that explains to law firms what you have done in the past to network and establish your presence in the market, as well as what you plan to do in the future. For example, be prepared to discuss your prior and future publishing activities, including articles, client alerts, blog postings, and white papers. You will also want to discuss any conferences you have attended and/or presented at, as well as online networking activities (again, blogging comes to mind).  You should also consider prospective client contacts, both among existing firm clients, law school classmates, personal contacts and other possible sources of referral business.

You should offer to provide this information to potential employers even prior to being asked for such information. Presenting this information to prospective employers in a thoughtful and concise written format will often make the difference between receiving and not receiving an offer. Although law firms don’t necessarily expect senior associates to come in with a book of business, they do want the assurance, particularly at smaller or more regional law firms, that prospective hires are business-minded and are thinking about their potential long-term contributions to the firm.

Tis the Season for Lawyers with a Computer Science or Electrical Engineering Background

As most IP lawyers know, market needs are constantly shifting depending on the kinds of technical expertise required by client matters. For months, there might be an overabundance of patent litigation and prosecution positions listed for candidates with a mechanical engineering or a biology background, while at other times it seems all law firms want are lawyers with chemistry backgrounds.

For the last couple of months, law firms on both coasts have unquestionably been focused on IP litigation and prosecution candidates with undergraduate and/or advanced degrees in electrical engineering or computer science. This trend has been consistent throughout our markets, including New York, Boston, Washington, DC, San Francisco, Silicon Valley, and Los Angeles and – while it has been a notable trend for the last couple of months – it will likely end soon, as firms shift their focus to candidates with other technical backgrounds.

For those of you with a technical background in computer science or electrical engineering: this is the season for you to seize new opportunities.  Even if you are not certain whether you ultimately want to make a move, now is the time to explore options, since the market is currently heavily favoring candidates with your background.

If you are a patent litigator or prosecutor – and you are at all contemplating a move within the next several months to one year – pick up the phone and contact a recruiter who can help you explore options and capitalize on the market while it is working in your favor. Lastly, keep in mind that the job search and hiring process can take a while. It’s best to start early so that you create every possible advantage and opportunity for yourself.