Holiday Frustrations and your Job Search

For those who are taking advantage of the end-of-the-year lull to focus on a job search, this can be a difficult time of year. It’s sometimes a good moment to get people on the phone. I myself am enjoying a quiet moment of catch-up in the office and am able to connect with folks without a lot of distraction. Having said that, tomorrow I’ll be in full holiday mode, and not so easy to reach. For those job-seekers out there who are working hard, they may not be able to see much response or movement until after the holiday season. That can be incredibly frustrating.

If you want to take this time to look for something new, by all means. But manage your expectations about how soon you’ll be hearing back from people. One way to combat the frustration of sending out queries without response is to spend some time also just reconnecting with folks. It’s a logical time of the year to reach out to past colleagues and just wish them a happy holiday season and a nice New Year. I’ve gotten several warm notes from folks just saying hello–I’m sure those are the people that will be at the top of my list when the new year starts to hit its stride.

Focus for the remainder of the year on what you are sending out, and don’t worry about what comes back in, at least for now. Enjoy the holidays, and wish someone else a happy holiday season.

Help! I just had a baby and I’m freaking out over returning to work.

Many women experience the same fear of returning to work after they have a baby. Even the most driven women are surprised to find the drive to succeed has vanished after the baby’s birth. The maternal instinct to care for your baby kicked in a lot harder and faster than expected. What to do?

Everyone is different. Do not compare yourself to others and be honest with your feelings. The greatest disservice to your child and family is an unhappy mother. Look deep inside and figure out what is the right path for you. There are sacrifices to be made on both ends. If you cut back on work, then your career will be affected significantly but to the benefit of your child. And if you return to work, you will likely feel guilt for leaving your child. Whatever you decide, go in with full force and have no regrets for your decision.

The full-time working mom.

Many women need to work and return to the workforce after maternity leave ends (if not sooner). Or, perhaps they need the break from a crying baby and want to return to work. Or, the drive to succeed never left. For these women, your career is truly your second child. Your supervisors are going to wait and see if you will be able to handle the same kind of responsibility you had before the baby’s birth. Although employment laws protect mothers, the reality is many women do not return to work with the same intensity and are not as “valuable” as they once were. The first year of life for your baby is also going to be the most difficult one for your career. Figuring out the balance between career and baby and even family is a real challenge. If your dream is to become a partner in a law firm or obtain a high-level in-house position like General Counsel or an equivalent high-powered position, you truly have to leave your home life at home. You need to put the same amount of dedication into your profession as you had before the baby.

What does that mean? If you are an associate, that means you need to accept every assignment that is offered, work the same amount of hours as before (if that’s nights and weekends, then it will be nights and weekends), interview and train junior associates and staff, meet with new and existing clients, write articles, etc. etc. While you are at work your focus is advancing your career and doing everything possible to ensure it happens. Do not put pressure on yourself to resume where you left off. Ease into it by setting goals for yourself for the first, second and third months back at work. For instance, during your first month set the goal of working 80% of the number of hours per month as your monthly average. So if you typically bill 185 hours per month, then make sure to bill at least 150 hours during your first month.

You must compartmentalize your life. There is a time for being a mommy, and there is a time to be an attorney. If you have a nanny or take your child to day-care, instruct the person who is watching over your child to call you only in the event of an emergency, such as a high fever, terrible rash, etc. You owe it to yourself to have as little distraction as possible. What that means is that you need to do the groundwork to make sure you trust the caretaker 100%. You have to understand no one is going to take care of your child like you. That being said, there are plenty of people who will take very good care of your child and make sure that s/he is happy and healthy. Spend a lot of time with the caretaker prior to returning to work so that you are comfortable knowing your child is in good hands. Ideally, in the event of an emergency, there should be another person (parent/grandparent/friend/partner) who can assist in managing the child until you return home. If you have a solid support system in place before returning to work, you will be much more effective at work.

Once you leave work, the same level of focus and attention should be put into your family. It will be difficult to juggle career and family for the first year or so. Be kind to yourself, and allow yourself to experience guilt for leaving your child and for leaving work.

All of this will pay off in the end. Statistically, women who are capable of balancing their career and family are the most fulfilled. Furthermore, they will not have to take a step back in their careers as a sacrifice for their family. These women understand and accept no situation is perfect, but the family will thrive as long as the mother is happy and setting a good example for her children.

The part-time attorney.

After having a baby, many women try to work part-time and or do not return to work until their children are in school. If you are one of the rare cases of women who can work part-time, that is terrific. But, you still have to understand that you are compromising your position within your law firm or organization. Many firms/organizations offer the same level of health care benefits to their part-time employees. When times are tough, you will run the risk of being one of the first people to be let go since your cost is the equivalent to that of a full-time employee. Further, law firms tend to let go anyone not considered a “superstar” in tough times. And while you might be a brilliant and talented attorney, you are still only able to work a certain number of hours per week and your position is compromised within the firm.

On the hand, there are firms who tout themselves as being highly supportive women working part-time. Working Mother magazine lists the top 50 Best Law Firms for Women (http://www.workingmother.com/BestCompanies/node/1421/list/271). I do believe there are some very rare cases where a woman can work on a part-time basis and not have compromised her career. She is still on partner track (although it would take a few more years) and has the same respect as her full-time peers. This is not the norm and difficult to achieve. If you can work part-time in such an environment, you too will be happy and have made a wonderful sacrifice for your family.

The full-time mom returning to practice after a hiatus.

Many women do not want to return to work, and do take a hiatus from practicing law for several years. When you decide to return to practice, you must understand you simply do not have the same skill set. And while you were away, associates junior to yourself are now at your level and are your current competition. The market may have changed, and the need for someone with your experience may have diminished dramatically. For instance, if you were a corporate attorney in 2007 and now returning to the practice of law after a two-year hiatus, you will be surprised to find that it is VERY difficult to find a job as corporate attorney. You will need to be very patient with the job search as it could take many, many months – even years. You must be open to the type of work you seek and do not expect to be compensated at the same level you were. As with the corporate attorney example, this person needs to apply to all kinds of positions - litigation, real estate, employment, etc. In an interview, not only do you have to prove your enthusiasm in returning to work but also your dedication to practicing law. Employers will be weary of hiring you for fear you really are not dedicated to practicing and will quit to return home. And once you do start working, even in a position you are less than thrilled with, you must put 110% of your energy into your career. If the firm expects you to bill 160 hours per month, you should work 180. Immediately make your presence known in the organization and reach out to every supervisor with whom you may work. Accept all assignments offered. For the first 6-12 months of your career, you must be a superstar and prove your value. The effort will pay off. Even though the type of work is less than ideal, your supervisors will respect you and treat you very well. And, eventually you will be able to shape your career.

A quick way to tell if somebody is not telling the truth during an interview

I see the good in people and give everyone the benefit of the doubt, unless it is obvious that they are being deceptive. Unfortunately (or fortunately, depending how you see it) I have become adept at noticing certain patterns of behavior that reveal when people are trying to shade the truth. This is not limited to candidates; partners in law firms do the same things. As a recruiter, part of the value I add is to do my best to find out the truth and cut through the bull - this way, candidates and law firms can make the best, most informed decisions and minimize the chances of making bad choices during the lateral hiring process.

When I first started recruiting, I used to beat around the bush regarding difficult questions. I was reluctant to ask somebody if they were laid off, so I’d circle around the question such as, “How were your reviews?” As I became more experienced and comfortable recruiting, I started being much more blunt (in the most respectful way) and figured out numerous interesting patterns.

Here’s one particular strategy you can use - it’s called narrow-pause (yes, I made that up). When you ask somebody a narrow question that requires a yes or no answer (for example, “Were you asked to leave your firm?”), if the person pauses right after you ask the question, this often indicates they are processing the question to determine whether the honest answer will help or hurt their goal. For example, if I ask a candidate, “Were you asked to leave your firm?” and they reply with, “Was I asked to leave?” or “What do you mean?” this is essentially a pause that buys them time to figure out how to answer the question. If they immediately answer a narrow question with a “yes” or “no”, this is most likely to be a truthful response. This can also be used by candidates with law firms: if you ask a partner a narrow question such as “Do you like practicing here?” and the partner responds with, “Wow, that’s a great question”, the partner is grasping for a pause to enable a second to process how to best answer the question in the most politically correct fashion.

If you think this type of stuff is interesting (especially litigators who do a lot of investigation-type of work), check out Janine Driver, an expert on deception techniques: http://www.lyintamer.com/.

Senior Associate With Small Book of Business Seeks Work - Suggestions?

We are hearing this very story several times a week. Even in a flourishing economy, we find that senior level attorneys, especially general litigators, have a difficult time finding a new position after being let go from their firm. Without a substantial amount of portable business (at least $300,000-$500,000), many firms are unable to support the salary of a senior level attorney.

Some attorneys believe if they lower their salary expectations and apply to jobs for junior level attorneys they will have more success. This is not true. Firms who want to hire an associate in the 2-5 year range are not willing to consider someone who is significantly more senior - even if the attorney’s experience is exactly what the firm is looking for. (In a few rare cases it can be done, but the general norm is that it cannot).

While a firm may technically get a “deal” by hiring a more experienced attorney for the price of a less experienced one, firms target a certain class year for many reasons besides experience level. There may already be a number of senior attorneys at the firm who are on partnership track and adding another person at their level (even to come at a junior level) would disrupt the politics within the firm. Firms also hire within a certain range because they simply do not want someone who has too much experience. Firms like to train their associates to do things their way. A senior level attorney will likely have learned to do things in a way that is not conducive to the firm’s practice.

Many of these senior level attorneys have the necessary skills to start their own law practice. Sometimes a bad situation, such as getting laid off from your job, is exactly what you need to set you in the right direction and propel you to do something you have always wanted to do! I recently spoke with a senior attorney who believed if he began a firm with several other senior level attorneys who had a few clients then perhaps each attorney could support the other and build upon their business. For instance, if one attorney has $50,000, another has $75,000, and another has $100,000 perhaps they could all work together and support each other and market their skills as a group. This is a very good solution to the Senior Associate’s predicament. Now, how do you find these fellow attorneys?

I have several ideas on this one. The most obvious option would be to become more vocal and active in your local bar association. Do not simply attend functions related to your practice area alone. On the contrary, you will likely find people who can offer services and skills different than your own in unrelated practice areas! This is also true with CLE classes. Assuming you have not yet met your CLE requirements for the year (or even if you have), you could sign up for a class that is unrelated to your practice, and use it as an opportunity to meet new attorneys who are in the same situation as yourself.

Another thought is to use www.lawcrossing.com. It is free to every employer to post a job. Well, think of yourself as an employer! Be honest in your description of what you are trying to achieve. An example of such a job posting: “Solo practitioner with business litigation practice from the Class of 1999 is trying to start a firm. Looking for talented senior level attorneys with a minimum of $50,000 in portable business to join forces and build upon our talents and grow a business.”

Lastly, once you have decided to start a firm, make sure everyone you have ever met knows about this decision! Make sure to get in touch with old colleagues you had worked with who had since left the firm, law school friends, family, business friends, family friends, old firm clients, etc. etc. You could go as far back as a law school internship or externship or even a high school or college summer job. It is also important to get in touch with your old firm (even if it hurts your pride a little). Firms often have to turn away work for a number of reasons (e.g., case is too small, client conflict, requires too low of billing rate), and may want to recommend you. Before you know you will have developed more clients and built upon our business. It will take years to double your business but be patient and consistent.

How Aggressively Should Firms Re-Hire?

JP Morgan recently announced plans to hire 1200 to staff up its real estate lending capabilities. This is as aggressive a hedge on the recovering market as I’ve seen, in an economy where we still see nothing but mixed signals.

Banks aren’t law firms, of course, but the two industries have a great many parallels. The bursting of the real estate bubble had marked effects on both banks and then law firms, and we’ve seen significant downsizing in both industries. JP Morgan’s bullish hiring makes me wonder: are there law firms who might aggressively start hiring in anticipation of a healthy economic rebound?

I suspect we will see a great deal more reluctance within law firms to over-hire than we might see in other industries. I do see firms trying to predict the perfect time to hire opportunistically before the hiring market becomes competitive again. When we look back, who will be the firms that timed the market right?

Is the market improving? And when is a good time to speak with a recruiter?

The market is very slowly improving. When we start receiving job orders from law firms for associates in certain practice areas we generally take that as a good sign. These practice areas include corporate, trademark, and tax. We first see the changes in the East Coast, and then it spreads throughout the country’s major markets. 2010 will be better than 2009 but not as good as 2008. If you are thinking of moving to a new firm, my recommendation is to stay put BUT speak with a recruiter to see what is realistic. I generally recommend people stay at their current firm if there is nothing pushing them out and wait for another year to resume a job search. But, if you stay in touch with a trusted and honest recruiter, then you will be aware of what is happening in the market and of any unusually good job opportunities.

Litigators See Light

A couple of months ago, I suggested that the recession ’skipped’ over the litigation uptick that usually occurs as more transactional practices struggle. The American Lawyer confirms that 2009 did not provide the wealth of litigation work that we expected to see.

http://amlawdaily.typepad.com/amlawdaily/2009/10/new-litigation-trends.html

Citing Fulbright & Jaworski’s litigation trend report, the American Lawyer notes that the forecast looks much more promising for litigation work. The good news is that patience will be rewarded, as the 2010 litigation budgets may very well be expanding.

Extreme Interviewing?

There’s setting yourself apart, and then there’s stalking. CNN is running an interesting story about the difference between a memorable candidate and a menacing one:

http://www.cnn.com/2009/LIVING/worklife/10/05/cb.out.of.box.tactics/index.html

Of course, the law firm world isn’t necessarily quite so creative–I’m not sure I’d recommend to any of my candidates that they show up for an interview with musical accompaniment. It’s a good lesson, though. How do you stand out without freaking someone out?

Collecting Your Thoughts

I get a lot of calls from job seekers. For obvious reasons, there have been more calls from lawyers who are truly struggling with the market than I’m used to in a good economy. Though we are seeing the signs of recovery, no one who is in the market can afford to start getting sloppy in the way that they conduct themselves as they search for a job. Specifically, I get a lot of calls from folks who sound, well, panicked. You may *be* panicked, but take whatever time you need to collect your thoughts.

For example, I get voicemails where people forget to identify themselves. I get long rambling messages. I talk to people who sound out of breath because they saw a job they thought looked interesting and ran out of their office to call me from the street so they wouldn’t be found out. My personal pet peeve is a five minute message where someone talks a long stream of consciousness, and then speeds through their phone number so I have to listen to the message 3 more times to be able to decipher their contact information.

I’m not someone to stand on formality, but i do feel like more and more lawyers out there are sounding quite frenzied. A gentleman called me a couple of weeks ago and was very literally yelling about the fact that he had contacted other recruiters and they weren’t getting back to him. I understand why he’s frustrated, but yelling to a complete stranger isn’t really a job search strategy, is it?

I suggest that before you pick up the phone to pursue a job or a search, take 30 seconds to collect yourself and very briefly think through what it is you want to convey. It’s ok to feel desperate or frustrated or anxious about your job search, but don’t let that infect your presentation. I heard a judge give some amazing speech to lawyers recently. The gist of it was to be honest, be funny, and be brief. Amen.

Go Ahead and Hate Me for My Optimism…

I am an optimist. It’s in my blood. No matter how bad things get, they have to get better eventually. It’s just how the world works. I am sure many people who have heard my never-ending optimism would like to stomp on my head. Frankly, I irritate myself sometimes with the things that I say. But in the end, I believe that optimism will take you far in life. Take a candidate with whom I recently met. She is as talented as they come, with a resume to match. But she was a senior associate, with no business, in a transactional practice that has been dead-as-dead-gets since the recession first hit. Not surprisingly, she was laid off from her Am Law 10 firm, despite being there for over five years.

Depressing? Hell, yes. But what’s worse is that she is a single Mom. No partner/boyfriend/spouse to pick up the slack during her unemployment, and no shoulder on which to cry.

When we first met, she was devastated. Anyone in her position would be. As we talked, I drew out of her that while she liked her most recent law firm position, there were countless other positions that might be a better fit for someone like her – both inside and outside law firms. At first she was resistant, and she even shed some tears during our meeting, but as I helped her to see the endless possibilities out there, she seemed to perk up. But it wasn’t until I told her that I believed (which I do) that there is a “100% chance that you will get another job” that she breathed a sigh of relief. I quickly qualified that statement by making sure she knew that I could not guarantee that I was going to be the one to find this job, or that it would pay as well, be in her chosen specialty or even be in the legal profession. But the fact remains that each and every one of us is employable, and as the recession begins to fade, the opportunities for talented attorneys are going to increase. It’s just how the world works.

While it may not actually get her a new job, I am confident that my optimistic outlook on her employment future helped to infuse new energy into her search. And for that reason alone, I will continue to irritate myself with my optimistic view of life.