How Easy is it to Relocate if You Went to a Second-Tier Law School?

I have a law degree from a Tier 2 school in California and I’d like to move to New York, what are the chances that I’ll get a good job?Unless you graduate from one of the top 25 law schools (sometimes top 15), a law degree is generally most marketable in the state in which you graduated. The reasoning behind this thinking (followed by most law firms) is that unless a candidate has exceptional qualifications, there is no incentive to pay additional fees to search for an out-of-state attorney, especially if there are several local attorneys looking for jobs. The exceptions to this rule are lawyers with highly specialized skills that are in high demand or work experience in a top law firm.

High demand jobs will always be easy to fill and therefore, the transition from state to state would not be a problem. However, chances are that if you are asking this question, you may not have the higher level science or accounting experience some firms look for when trying to fill the in demand positions. Almost everywhere in the county, firms and corporations would be willing to overlook a mediocre law school in exchange for technical expertise.

Prior experience in a top law firm can also vastly improve an attorney’s chances of relocating successfully with a less well-known law school degree. Of course, if you are already working in a top law firm in a major metropolitan area, you most likely succeeded at a top law school, probably making law review or placing in top 10% of your class. If this is not the case, however, and you were able to find a job at a top firm despite that, the prestige of your job will provide you with the credibility that perhaps your law school couldn’t provide on a national level.

At a certain point in the career of an attorney, the work experience overshadows the degree in hiring decisions. Unfortunately, when that happens for each firm can be different, so it is impossible to tell when the right time to move is. If your career is still in its early stages, though, you might consider sticking in your home market where your law school will provide you with the kind of connections that you need to get placed at the top firms, if that is your aspiration. If you start out at the local office of a national law firm, that firm may even allow you to transfer to another office without having to look for a new position altogether.

One last thing to note is that good grades can help your cause immensely. While the name of your law school might not carry the same cachet as some others, an incredible performance at a Tier 2 law school (top 5%, top 10%, Managing Editor of Law Review, solid summer associate work) can make you look like a good candidate, no matter what school you graduated from.

Factors to Consider while Evaluating an Offer

You’ve spent the last few months updating your resume, working with your recruiter, evaluating firms, and interviewing. Finally, all of the hard work has paid off and what you have been waiting for has arrived: the offer. However, while you may feel a sense of relief, accomplishment, and happiness, you may also feel a sense of anxiety and uncertainty. This is a serious decision to make, and before making it, you should weigh certain factors carefully.

Each of us, of course, is different, and determining what factors are important may vary greatly, depending on the individual. You may attempt to negotiate a higher salary, additional vacation time, and better health benefits. However, these items are often part of a standard package determined by the firm’s compensation structure, and you may or may not be able to effectively negotiate them. In addition, other factors, such as a firm’s “culture,” are also unlikely to change. Determining whether you can accept the offer and the firm for what they are can tend to be as difficult a decision as any you will have to make during your job search. The following factors should be considered when deciding whether or not to accept an offer.

Compensation
Even if money isn’t what gives you the most job satisfaction, no one can argue its importance. Most of us want to make sure we are being paid what we’re worth and what the going rate is for jobs similar to ours. This is where your recruiter can be of invaluable assistance. Your recruiter can provide you with information as to whether the offer is in step with the firm’s compensation structure, negotiate on your behalf when appropriate, and provide you with information on how your offer compares to what others are making at the same level, in the same practice area, in firms of similar size and status, and in the same geographic region.

Firm Culture
Every firm possesses a culture which can range from the traditional and conservative to the entrepreneurial and liberal. This is where the impressions that you formed during your interview will help you determine whether the particular firm environment is right for you. Were people talking to each other when you walked the halls? Were the doors closed or open? Was the staff treated with respect? How did the partners and associates interact with each other? How formal or informal was the interview? How did people dress? Was the office decorated in traditional oak panels, dull colors, or was it modern, with bright art and lights? Finding an environment that reflects not only your personality, but also your ability to effectively develop professionally is a key element in your future success as an attorney. Certainly, many attorneys can be happy and thrive personally and professional in completely different environments. What you need to determine is what environment would be the right fit for you.

Sharing a Common Goal
Firm culture also comprises other factors, including shared attitudes, values, goals, and practices that characterize a firm. If you value your time away from the office, a firm with a high billable requirement that consistently requires late hours and weekend sessions may not be right for you. On the other hand, the type of work you seek, the mentoring you require, the opportunities for growth, and the sophistication of the practice may also translate directly into more hours spent at the office. What you need to determine is whether this is a firm that shares your values, goals, and ambitions.

Fitting In
Another factor that you should focus on is whether the people you met when you interviewed with the firm are the type of people you want to work with. You are going to be spending a great deal of time at the office, working very closely with your colleagues, and the ability to get along with them may be critical to your success. The interview will provide you with insight to help you make that determination. This is also where you may want to consult with your recruiter to provide you with additional information about the firm and its particular practice groups. Networking can also be useful, and you may want to call your list of contacts and gather additional information about the firm.

Each of these factors taken alone may not make or break your decision to accept or decline a job offer. Moreover, these are but a few factors to consider when making a decision. You may also need to consider additional factors that are particularly relevant to your job search. Whether you choose to accept or reject a job offer, you should first inform your recruiter about your decision, and discuss these and other factors with your recruiter directly. Then, you should contact the employer who made that offer in a timely fashion. Your rejection or acceptance should be done formally, in writing, as well as by telephone. The legal community is a small one, and you may at some point develop a relationship with that employer albeit as a superior, a colleague, a client, or even your next-door neighbor. Therefore, irrespective of your decision, one of the most important things you should consider when mulling over a job offer is the importance of safeguarding the relationships that were created during this process.

Making a Lateral Cross-Country Move to San Francisco

I’m a litigator living in Boston and work at a large firm. I’m unhappy with my current firm environment, and I want to relocate to San Francisco since the market is picking up a bit and I wanted to practice in S.F. as soon as the market got a bit better. I have strong credentials, but have not passed the California Bar. I do have ties to the area since I was born there, have family there, and my girlfriend is working there as well. What are my chances to successfully make the lateral move to San Francisco?

Dear Ryan:

Thanks for taking the time to write to me: the short answer to your question is “it depends.” Obviously the answer to this question answer is a case-by-case basis, and you really haven’t provided enough data to allow me to provide clear guidance, so I would encourage you to talk to me or one of my colleagues in our San Francisco office so that we can advise you more fully.

First, let me correct a misperception about the litigation market in San Francisco–it is one of the few areas of the law that has been throttling along nicely. There have been fewer jobs in this practice area though because firms have made use of their less-busy corporate associates to handle excess work.

As your letter implies, making a successful lateral move depends on a number of things, some of them easily quantifiable, while others are not. The primary factors used by a firm will be the trifecta of (a) quality of your work experience at your current firm, (b) your academic credentials, and (c) whether a firm considers you to be a good cultural fit. The fact that you have ties to the Bay Area will assist your search, as you will be able to demonstrate your long-term commitment to the Bay Area, a factor which firms do consider. And, in our experience, it is rarely a factor that will queer a deal. In our experience, firms frequently overlook a lack of California bar experience, provided that the candidate has excellent other credentials and is barred in another state. I hope this helps, and we look forward to talking with you soon.

Looking for Greener Pastures

You are a partner at a solid firm where you generate a respectable book of business on an annual basis. You feel your career at your current firm is heading toward a perpetual stagnation. You feel that you lack the resources to build your practice, or you view the firm’s overall commitment to client relations or service as inadequate. Worse yet, you believe the culture or prestige of the firm has suffered because of the actions of your partners. Perhaps you have great concern regarding the firm’s profitability or compensation structure. Or you question the management in guiding the firm through the uncertain future. Whatever the reason, you are contemplating leaving your firm to improve your unfulfilled expectations.

But taking your practice to another firm is complicated and requires extensive effort on your part to make sure your future home satisfies those concerns that you deemed deficient at your current firm.

The first and most important aspect of conducting your search is maintaining confidentiality. If word gets out that you are thinking about leaving your firm, the consequences could be harsh both to your professional development and for your clients. The most secure way to maintain confidentiality is to use a competent attorney search firm. In addition to maintaining confidentiality, there are two significant tasks that the search firm would handle on your behalf.

Second, the search firm should first provide an honest assessment of your marketability to potential firms, highlighting your strong and weak attributes. One of the most important determinants of your success in the marketplace today is your total book of business. Other related matters include your billing rate and utilization.

Third, the search firm should provide you with an appraisal of the market and how your candidacy will fare in the marketplace. A good recruiter should have anecdotal information regarding potential firms that would be beneficial to your search. Perhaps the firm is in talks to acquire a practice group that would require someone with your expertise. Sometimes, unending merger talks are demoralizing and may encourage exodus of highly productive partners to others firms.

Finally, the recruiter should undertake an affirmative search on your behalf. It is important that the recruiter not disclose you while conducting an affirmative search. The recruiter should have a complete understanding of why you want to switch firms and must diligently examine potential firms in the marketplace to determine the best firms that exhibit traits that would be a good fit for you and your practice.

Relations of partners to a firm are similar to being in a marriage. It used to be taboo for a partner to quit a firm to join another firm, but just like marriage the unthinkable has become more common. The common argument to support this is that if you are unhappy, why stay?

However, departing without a thoughtful analysis of all the pros and cons could be a huge mistake. Here is a list of issues – which is not listed in order of importance – to consider when you contemplate jumping ship.

1. Firm debt. We have all read or heard about Brobeck and the havoc it has wreaked on the lives of partners who stayed too long. A firm’s debt undoubtedly is owned by the partners and it is a mistake to ignore it. Can you imagine if you had joined the firm 6 months prior to it dissolving?
2. Is profitability important to you? Would you be more interested in a firm that has $1 million profit per partner, or would you rather prefer a firm that is less profitable but provides a less demanding environment. There are plenty of firms that provide a better “quality of life” environment that are attractive to lawyers who are just as well-regarded and reputable as those in highly profitable firms. Also, is the firm highly leveraged with regard to partner/associate ratio, which may be indicative of lack of productivity on the partnership?
3. Compensation. What is the structure of the partnership? Would you be eligible for income or equity partnership? Partner compensations also are important in order to attract other talent. Maybe your clients require top quality tax work, but because of compensation issues the partner who handles such work leaves because she is unhappy with the compensation structure. Also, top associates will flock to better paying firms unless there is something to counter the attraction of the greenback. Perhaps, the firm provides a better quality of life, or allows associates to focus in their desired practice area, or provides associates with real partnership potential.
4. Would the billing rates of the firm discourage your existing or potential clients from sending work your way? The worst thing to do is to change firms, and later find your clients balking from raising the billing rates even though they may have agreed to it earlier.
5. A conflict with your existing clients is an obvious problem. But how about conflicts with potential clients? So many partners pick up and leave firms after a large piece of business is refused by their firm because of an institutional client of the firm.
6. Although people subtly focus on it, the culture of firm one wants to join is very important. Applying the philosopher Isaiah Berlin’s definition of culture to a firm it would be its “goals, values and pictures of the world” that are demonstrated in its actions, relations internally and externally, rules and routine practices of its members who are self-monitoring. You won’t find it written anywhere, but you feel it when you walk through its halls.
7. Is the firm democratically or autocratically run? Nothing drives people crazy like a renegade managing partner who makes significant decisions without consulting or informing his partners. It could be as simple as changing the firm’s corporate credit cards, causing embarrassment to partners when attempting to pay for client lunches, to taking on more debt than was agreed during the last partnership meeting.
8. Can the firm service your clients? Does the firm have the requisite expertise that is essential for your clients? Does the firm value providing top client service, or is the firm more interested in business generation? Does the firm have an office in a city that is important to your clients? For example, clients who need access to the capital markets require a firm to have a New York office. Or, clients that need regulatory services desire to hire a firm that has a Washington, DC office.
9. Is the firm’s prestige critical to you, your clients’, or your reputation?

Although this is not an exhaustive list, thinking about these issues beforehand would make the process painless, interesting and, hopefully, rewarding at the end. At BCG, our recruiters stand ready to assist you in exploring opportunities in a new firm.

Transitioning to a Law Firm from In-House

I would like to transition back to law firm life after working in-house for the last six years — what kind of hurdles should I expect?

Of course, every case is going to be different, but as more and more of the in-house attorney workforce attempts to make the move back to law firm life, they are finding out it is not as easy as it once was to obtain a position at a law firm. As everyone is probably aware of, the downturn in the economy has meant that a lot of in-house positions that arose in the past have disappeared. These attorneys are finding it harder to find positions in law firms than those who stuck it out in law firms for several reasons. Here are some ways of getting around that:

1. Many law firms want to believe that the sole purpose of your life is to come in every morning and bill hours in the name of the firm. While it is not necessarily true that attorneys who stuck around the law firm scene are more willing to believe this, many firms will take your in-house experience to mean you were trying to get away from the more demanding workload that law firms require. One way to get around that is to seek out so-called “lifestyle firms” or firms that don’t necessarily expect you to bill 2,500 hours a year and will probably not hold you to such a high standard when it comes to your dedication to law firm life.
2. Another reason that law firms can sometimes be hesitant to take on attorneys that have been working in-house is that they believe that the work required in corporate environments is not as strenuous as that required in a law firm. This can translate to them not believing that you can handle the work that they need their employees to do. Emphasize the work you have done that is on par with work that law firm attorneys do in your resume and make your prior law firm work prominent.
3. Law firms like attorneys that are going to be loyal. Despite the fact that more attorneys are switching firms than ever before, partners like the idea that the attorney they hire laterally will try to make a home in that firm for a long while. By leaving law firms altogether, you have already made them suspect. Perhaps this is not as easy to get around as the others, but if you truly emphasize how much you desire to work in a law firm, some employers will take that into consideration.

Last, but far from least – if you can bring work from your former corporate employer to the law firm, that would (for obvious reasons) be a big bonus in getting you hired. This may not be feasible, but if it is, it could go a long way to getting you any law firm job you want, especially if the business you bring with you could potentially net the firm a lot of money.

It’s Not YOU, It’s the Economy

One of my favorite New Yorker cartoons goes like this.  A man and a woman are sitting across from each other in a cafe.  The woman says to the man, “It’s not YOU, it’s me.  I don’t like you.”

Given the harsh economy we’re all dealing with, I think of this cartoon on a regular basis, though in a slightly different context.  I’m the woman and my would-be candidates are the man; however, the difference is that I LIKE my would-be candidates and wish that I could work with them.  Alas, the deterioration of the market place prevents me from taking on most of the people that contact me.  This will change, of course, once the market improves, but I write today to console those of you who have been, or will be, rejected by a recruiter.  It’s not YOU, it’s the economy.

Like medicine, I believe that one of the first rules of recruiting is “to do no harm.”  As a recruiter, and a former practicing attorney, I know the market place and it’s my duty to be as honest with would-be candidates as possible.  Lately, this means turning down some terrific attorneys whom I would have gladly worked with at this same time last year.

Why so selective?

Because here in the Bay Area the talent pool is spilling over while the jobs are drying up.  And so, if you are a general litigator with no book of business, you are most likely competing with the hundreds of attorneys who have recently been laid off.  But you do have resources.

Here is a link to yesterday’s Legal Pad where an associate discusses the success a friend off hers has had using Legal Authority (a sister company of BCG): http://legalpad.typepad.com/my_weblog/2009/02/advice-for-a-jobhunting-associate-considering-a-new-practice-area.html

Also, for those of you who are frustrated in your job search and feel that there must be some AMLAW firm out there who will hire you, here is a webiste to LawShuck’s lay-off tracker:  http://lawshucks.com/layoff-tracker/.  The intent of providing this site is not to scare the beejesus out of you but to help you make informed decisions.

For example, maybe you will decide to stay in your current job and hang on tight for as long as possible.  Or, if you have been laid off, maybe you will be open to exploring the smaller markets that haven’t been as impacted as the large cities.  If you have specific questions about the Bay Area market, I am happy to help.  But if I’m unable to work with you in finding a job, please remember, it’s not YOU, it’s the economy.

-Erin

A Fast Way To Torpedo Your Career Backward or Move Forward

Birds of a feather flock together.
If you’re an eagle, don’t hang around chickens:
Chickens can’t fly.

 If there is one thing that can assist you in ruining your legal career in the most rapid way possible it is to make the mistake of choosing the wrong friends at work.  Far too many attorneys realize this crucial mistake and end up torpedoing their careers due to this.

On my spare time I spend several days per year interviewing students interested in attending the college I went to.  In these interviews I am continually reminded it seems of something that is profoundly true in many respects: the environment people spend their time in has a tremendous influence on who they will become.  In Los Angeles there are a few private schools where an astonishing 30% or more of the class ends up going to ivy league colleges.  When I meet kids from these schools there is often a real discernable edge to them that I pick up even before I get around to reviewing where they went to school.  The kids are polished, they speak with confidence, they are knowledgeable about the world in a sophisticated sort of way.  What these sorts of generalities have shown me is that the environment these kids are coming out of has a tremendous impact on who they eventually become.

There are attorneys inside law firms and other legal organizations who are clearly and unequivocally on the way up.  There are also attorneys who are clearly and unequivocally on the way down.  If you spend your time at work and outside of work with attorneys who are on the way up you too will be whisked towards achievement.  If you spend your time at work with attorneys who are on the way down you too will gravitate towards losing.

I have noticed a few trends which continually seem to repeat themselves over and over again in every organization I have been associated with.  This was also something I noticed when I was practicing law.  The scenario is this.  Try as any organization might-whether they are hiring graduates of the best law schools, the best firms, or the people with the best records or not - people are sometimes going to be hired who do not do their jobs all that well.  The people may be lazy and not value their jobs.  The people may have been fired from their last employer and have anger towards employers in general.  The people may be angry at the organization and the world that they are not making a $1,000,000 a year.  The people may be incompetent and unable to complete tasks.  The people may have interpersonal problems with other employees.  The person may not be able to receive direction from their superiors.  The person may have been treated unfairly by the organization.  All sorts of scenarios are possible.

What happens when there is an angry person inside an organization that the organization is “down upon” is that some of these people improve, some leave, some do not improve and means get “sour grapes” and become angry with the organization.  The sour grapes response is most common because it is always far easier for many people to blame others for their shortcomings than take responsibility themselves.  This is the common response.  For some “sour grapes” people will begin attempting to infect others with their dislike of the organization and find fault with the organization and its people with about every chance possible. They literally create ”cancerous cells”.  The people who find themselves in the circle of friends with this person in the organization will generally become infected with this “bad attitude” as well and one by one the members of this group will generally either lose their jobs due to declining performance or they will leave the organization.

The reason that people close to negative people inside organizations also tend to become negative is because everyone all does things to cooperate or compete with people in their environments.  On one level this can be your circle of friends and on another level it can be the people within your firm.  This is the same reason I have noticed certain trends among the people from the best private high schools around Los Angeles, for example.

A. Drawbacks of Spending Time with Cancerous People in Your Organization

When you are inside a law firm or any other legal employer the most important thing you can possibly do is avoid “cancerous cells” and attempt to spend your time associating with people who are “winners” and likely to do well.  Let me briefly review some of the major drawbacks of spending time associating with cancerous people inside a legal organization or those on the way out:

1. By Associating with Cancerous People the Organization Will Assume that You Too Are a Cancerous Person against the Organization

When I was in high school I was best friends with a guy who got kicked out of school at the end of his junior year of high school for upsetting a particular math teacher in the school.  In my senior year of high school I asked this particular math teacher to write a recommendation to various colleges for me.  I also asked another math teacher to write a recommendation for me.  Despite what I thought had been a good relationship with the math teacher,  but this math teacher thought differently of me I believe after the incident with my friend.  In fact, his recommendation of me was so dire that when I was interviewing with one of the schools I had applied to the school itself told me they could not believe how bad the recommendation was and thought it “must be a joke”.

My own school later told me that this had prevented me from getting admitted to numerous colleges and one of my teachers subsequently told me that the reason the teacher had written since an awful recommendation was due to the fact that my friend had upset him so badly.  He said that the teacher believed there must be guilt through association.  Years later, I can see why he did this to me.

In every organization once the organization sees bad people they instinctively look for those around that person in order to identify other “bad people”.  In retrospect this makes perfect sense.  This reaction is almost “tribal” in nature and probably we are programmed like this on a genetic level so that we can avoid danger.  When you associate with negative and cancerous people they are likely to get you pegged in the same way.  This is not the wisest of career moves.

2. People Who Are Failing and Angry with Their Employer Are Having Issues with Their Organization Are Likely Doing Something to Cause This and Will Teach You to Do the Same

When people have tons of “sour grapes” they usually have these sour grapes for a reason-and it is generally because they are failing.  They may be failing because they are lazy, have tons of turmoil outside of work that makes concentration difficult, abuse substances at work to such an extent that they cannot do their job at work. Because they are in a job they cannot handle, they are upset and having issues; if you spend time with them they will teach you how to be just like them.

Once we get outside into the real world, the people who tend to be the most popular and liked the most by others are the people who have the brightest outlooks and make others feel good about themselves.  The people who are most alone are very good at doing the opposite.  Have you ever noticed that when you spend time around people who are happy you too feel happy?  Have you ever noticed that when you spend time around people who are gravely depressed you too feel depressed? The same goes for enthusiasm and other sorts of emotions.  I have known people who have become wildly famous and when I was around them before they became famous I too felt this enthusiasm.  I have known people who ended their lives and when I was around them I too felt their despair.  You become like the people you are around with.

In school if you spent your time with people who abused drugs you probably ended up doing this as well.  If you spent your time around athletes you too were probably an athlete.  The world works like this.  If you spend your time around people who are winning you too will end up winning.

B. Benefits of Spending Time with People on the Way Up in Your Organization

1. People Who Succeed Start and Finish Things

People who succeed do certain things and do them consistently.  People who succeed are the sorts of people who start things and then also finish them.  Anyone can start a project.  It is the people who start and finish projects who make the real difference.  People who achieve meaningful success know how to both start and finish things.  They will show you how to do this too.

In order to start and succeed things you need to exhibit a high level of self-discipline and a lot of people do not necessarily have self discipline.  People who discipline themselves know that success requires consistent follow through and always.  Follow through is something that will run off on you too if you hang around people with the ability to follow through.

2. People Who Succeed Over the Long Term Have Passion

You simply cannot succeed over the long term if you do not have a certain level of passion for what you are doing.  This passion is also contagious.  If you spend time with people who have passion then you will also pick up their passion.  Passion for your job is the rule among passionate people.

Some people receive inheritances.  Other people have powerful parents who get them the best jobs.  Other people get lucky.  However, over time the people who succeed are the ones who have passion.  Surround yourself with people who have passion-that makes all the difference.

3. People Who Succeed Share With You Their Insights

Different people cope with their work environments in different ways.  People who succeed and manage to find happiness in the work environments have a certain way.  When you spend time with successful people in your work environment the insights you get from them will rub off on you too.

4. When You Spend Time With Successful People You Too Become Associated With Success in the Eyes of Your Superiors

When you spend time with successful people you will also become associated with success in the eyes of your superiors – in most cases.  Your superiors will see you as someone interested in learning how to succeed at your work as well.  They will see you as someone who is part of the crowd of people on the side of the employer.

Conclusions

Select the people you spend time with both inside and outside of work carefully.  Some people and their careers are going up and others are on the way down.  This is something you can generally tell very quickly after spending time with people.  Once you learn to recognize those who make winning a way of life you too can succeed.  In order to grow you need to surround yourself with those who make growth a way of life.