Job Hopping: The Death of Legal Careers

It is not unusual today for associates to work at two or three law firms before “settling down.”  If you find yourself, however, having worked at three law firms within your first four or five years as an associate and looking again to make a move, you may be branded a job-hopper.  If this happens, you risk becoming no longer marketable as an attorney.  Making or trying to make too many lateral moves can result in firms thinking, among other things, that your work is mediocre, that you do not work well with others, and/or that you are not happy in your job and will not be happy anywhere.  Therefore, while lateral moves have become common, they must also be sensible.

Part of my job as a recruiter, is to make sure that the attorneys I place at a new firm are going to that firm for the right reasons.  Another part of my job as a recruiter is to explain to firms why my candidates want and should make a lateral move.  There are many practical reasons to make a lateral move – (1) you are moving to a new geographic region, (2) there have been significant structural changes to your firm’s practice group, and/or (3) you would like a change in the type of work you are doing.

People change geographic regions for all sorts of reasons, some of which include moving from a small town to a big city (or vice versa), moving closer to family and friends, and moving to accommodate a significant other.  All of these are understood by firms to be worthy reasons to make a lateral move, and quite often the person interviewing you for your potential new position has had to do the same.

Significant structural changes to a firm’s practice groups are not infrequent.  One or more partners may retire or leave the firm.  The bulk of your practice, such as litigation or real estate, may be transferred to a different firm office, leaving your practice group anemic.  Wanting to continue to be busy and do complex and challenging work is a great reason to make a lateral move.  Additionally, it is perfectly acceptable during an interview to state that you feel like there is no room for you to make partner at your current firm because the firm no longer has the volume of work in your practice group that would necessitate adding another partner.

Wanting a change in the type of work you are doing is probably the most common reason why attorneys seek to make a lateral move.  You may want to leave litigation to do transactional work.  Your firm may be partner heavy and you are not getting the quality of work you had hoped.  You may be at a smaller firm that cannot handle the level of complexity and sophistication of cases on which you would like to work.  You may want to leave your big firm to work at a smaller firm that focuses more on regional work, or can provide you with more of a variety of work.  If it is true change in the kind of work you want to do, a move makes sense.

Firms love to bring in lateral attorneys, but they want to feel that the attorneys will make valuable contributions to the firm, and that they are not being used as a stepping stone in the attorneys’ career paths.  Making a lateral move may be the best move of your career; just make sure that you are making it at the right time and for the right reasons.

Play To Your Audience

Everyone is always acting. In personal relationships, we do this instinctively. We play the sister, daughter, best friend, mother. The way we act, re-act and present ourselves are habitually different based on who we are speaking with, or, our audience. In our professional lives, these identities have to be a bit more thought out and are particularly important during the job-seeking process.

Professionally, you’ve played the over-stressed, hard-working law student; the eager, young Summer Associate; the ready to please, entry level attorney; perhaps the mid-level attorney trying to find her place in the firm and the greater legal market.  During each of these stages, you have taken on different characteristics, attributes, that pushed you further along in your career.  Whether you are aware of it or not, you have represented your version of what the professor, employer, supervising partner has wanted to see and you have shown your value to them. When searching for a job, you must do exactly this, from the formation of your resume and throughout the interview process.  You might, however, find that you have to juggle a few identities. Let me explain.

My goals as a Recruiter is to give my candidates as many options as possible. As a job seeker, it’s always important to be familiar with all of the viable paths available to you. This is especially true for a trying legal market. For example, if I am representing a litigation attorney that has done work in employment law, I would encourage my candidate to pursue openings in general commercial litigation as well as employment litigation. This attorney should have two separate resumes that are tailored to each type of position, but more importantly, their interview will differ because their audience is different. In one scenario, this individual will be speaking with attorneys for a general litigation position and should play up her interest in variety of work.  The same week, she may be interviewing with a national labor firm, where she must emphasize her commitment and passion for labor/employment work.  This is the same, well-qualified attorney, but she has two different “identities.”

Here’s another example. If I’m representing  a candidate that is interested in lateraling to a smaller firm, but is hesitant to give up his market salary, I may suggest that this attorney also look at large, national firms with smaller regional offices. In this case, his resume would probably look the same, but the transcripts of his interviews would be drastically different. He needs to play to his audience.  With an interview at a smaller firm, he cannot express that what he enjoys at his present firm is the national platform and would like to join a firm with greater logistical support. With the interview at a large firm, he cannot say that he prefers to be in a more contained environment, where he is the “head of the ship” and does not have to work with attorneys from other jurisdictions.  I know this may sound obvious, but the firm that you are presently interviewing with at that moment, is your dream law firm.

Firms have ways of teasing the truth out of you with questions like, “Why do you think you would be happy here?” or “Why are you seeking other positions at this time?” or “Where else have you interviewed/applied?” This is not the time to ruminate and give them the deepest and most honest answers from you soul. If you are meeting with Latham & Watkins, do not tell them that you have an interview with a small, regional law firm. You need to make sure you have staunchly stepped into the appropriate “identity” and answer accordingly. Play to them!

Please note, I am in NO way advising that you be dishonest! Interviewers can sense that immediately. Finesse and tailor your truthful answers to convince the attorneys that you will be happy at their firm.

In addition to knowing the firm you’re interviewing with, be very familiar with the interviewers.  Look for commonalities, either professionally or personally. Maybe this interviewer attended college where you went to law school? Perhaps they used to live in a place where you spent a lot of time? Even if these parallels do not come up in the interview, you will be more confident sitting across from someone you know a little bit more about and can identify with in some way. This will inform your identity.

Remember, the objective is to get as many offers as possible.  Then, the real power of your career path rests in your hands. The best way to elevate your career confidently is to know that you have explored all of the possibilities.

We all act. Everyday. Let’s recognize this, use it to our advantage, and position ourselves to secure the best law firm position possible.

5 Career Resolutions for 2013

A brand new year offers you a fresh start and an opportunity to improve your life.  While you are busy setting resolutions for your personal life, don’t forget to assess and revamp your professional life as well.  Below are my top five career resolutions to help you achieve your career goals.

1.    Improve Your Business Development Skills

Gone are the days of the service partner and the associate who sits in his or her office cranking out brief after brief or document after document.  Law firms are looking for partners who can support themselves and bring revenue to the firm.  If you are a junior associate you may think you have several years before you have to bring clients to the firm.  The truth is, you need to start developing your networks now and solidifying relationships that can and will lead to business down the road.  This is the single most important skill to have as a lawyer in today’s legal market.  Study the rainmakers at your firm and take notes – what makes them successful at bringing in business?

2.    Get Out of the Office and Network

Networking is important for your career in many ways.  It’s crucial for developing business but can also open doors for you career wise, both in the near term or long term.  Good networking opportunities include law school or undergraduate alumni events, industry events and conferences or even the popular happy hour spot down the block from your office.  When networking with people, think not just about how they can help you but how you can help them – is there a helpful introduction you could make or someone else in your network who would have an interest in meeting this person?  Helping others leverage your network is important for creating meaningful relationships.

3.    Set Career Goals

Each year, it’s important to take some time away from the daily demands of your job and reflect on what your career goals are for one, three and five years from now.  Do you want to make partner?  Go in-house?  Start your own firm?  What do you need to do to accomplish those goals in the timeframe you set forth for them?  If you don’t take some time to determine what you want to achieve and when you want to achieve it, no one’s going to do it for you.  In addition, this goal-setting process will help elucidate the kind of people you should be reaching out to in your networking efforts.

4.    Keep your Eye on the Job Market

There’s no downside to keeping track of what’s going on in the job market.  You’ll often find that the best opportunities come along when you least expect them or want to make a move.  You’ll also find that it’s always easier to find a new job when you already have one that you like or are comfortable in, even if it’s just for now.  What’s the best way to do this?  It doesn’t hurt to keep an eye on legal job boards, but probably the most important thing you should do is establish a relationship with a recruiter you trust who can keep you posted on opportunities.

5.    Make Time for Yourself

While it’s always easier said than done, take some time just for yourself.  Take a vacation, go out with friends, hang out with your family, do whatever it is that helps you relax and take your mind off work.  The legal industry is a demanding one, and without a break from work from time to time, you’ll soon find yourself burnt out and questioning if you’ll ever (or even want to) achieve the goals your set out for yourself.

Am I Overqualified?

Many times in my career in attorney placement, especially since the economy has been suffering, I have seen a steady stream of applications from attorneys who possess substantially more experience than the position for which they are applying.  These attorneys are sometimes frustrated at not being considered for a job that they feel they could do in their sleep.  Why would a law firm not want someone with 10+ years experience to fill a slot calling for 2-5?

There are several reasons.

1.  Law firms want their associates to be happy.

Law firms invest in their attorneys, and they don’t want to waste their investment dollars.  They want the attorneys they hire to be happy, so that they will stay and make money for the firm.  To this end, law firms generally frown on hiring someone and then making that person take a cut in seniority because they fear it will cause grumbling.  I have personally seen this happen.  Attorneys who take a class year hit may obviously complain about salary.  Perhaps of greater concern, however: they sometimes also are unhappy with the work they are expected to do, because it is too junior for them.  Attorneys are trained to be ambitious and hungry, and to go after responsibility: qualities that are often valued in young associates.  However, if a firm hires a 15-year attorney for a mid-level associate position, the fear is that the attorney will want to do senior level work, and will fight other attorneys to get it.  That attorney may also impose strategy ideas where they are not welcome.  Similarly, attorneys who are more qualified than the job they are hired to do may also seek to make partner at a faster pace than the firm is comfortable with, or has room for.  These are all factors that may create an unhappy hire, and law firms seek to avoid this.

2.  Law firms want to make an investment in their associates.

Law firms understand that they may not get fabulous, perfect work out a second-year associate.  Why, then, would they invest in such a person, rather than hiring a 10-year associate?  The answer is loyalty.  Law firms hope and believe that if they train, nurture, and show a junior associate how to practice law, that person will feel loyal and appreciative, and will remain with the firm down the road.  Good firms are not afraid to invest in promising junior people, with the hope that the person will be a cheerleader for the firm.  Similarly, they may be skeptical about investing in an associate who has been trained for many years at another firm; that person may want to do things her way.

3.  Law firms know that they want.

If a law firm advertises for a 2-5 year associate, generally speaking, that is what they want.  Large firms especially prefer to have a good balance among their class years, sometimes adhering slavishly to class year quotas.  Therefore, while it doesn’t hurt someone from other class years to apply for those positions, those applicants will probably not get in the door.

So… What’s a well-qualified attorney to do?

It is true that there are not many senior level positions for attorneys who do not have partner-level portable business.  This is the sad reality, and I speak with many attorneys who are in that situation.  My advice to these attorneys is to network as much as possible, especially with smaller firms, and sell what you do have; your skills and ease of practice.  Often, firms will talk to well qualified attorneys who have no business , but they won’t advertise those needs.  They might be part time or temporary opportunities where a firm needs extra hands on a particular matter.  It is up to you to be proactive.  Figure out which firms might be interested in your skill set, contact them, and let them know that you are available and what you can do.

What Are Some of the Best Ways to Impress a Law Firm in an Interview?

The interview is the primary opportunity for a candidate to either shine – or fall on their face – when it comes to pursuing an offer.  As an initial matter, you should appear professional at all times – both in dress and demeanor.  This means that you should be professional to everyone you encounter, and not just the partners.  You should also appear motivated.  This is the second key to impressing law firms.  Firms are like people – they want individuals who want them.  Firms also like individuals who are wanted.  Mentioning that you have other firms interested in you can also play to your advantage.

The third key to impressing law firms is to give impressive answers to their questions.  This requires serious preparation.  A candidate should be ready to answer every obvious and likely question.  This includes questions about their resume, their work at their current firm, why they are on the market, what they are looking for in a firm, etc.  You should also take the opportunity to be a “showman” (within reason, of course).  You should appear excited and energetic, and be willing to use appropriate facial expressions and hand gestures.    This is also true on telephone interviews.  Even though the interviewer cannot see you, your excitement and energy (or notable lack of it) will come through your voice.  Answering questions is a prime opportunity to sell yourself.  This is not a time to be shy about achievements or how others have praised you.  You also want to show a personality that is outgoing, engaged and entertaining (within reason).  Firms want to work with people who are good to work with.  It is also important, of course, not to give answers that make you look bad.  Never bad-mouth your own firm or make tasteless jokes.

The fourth key is to ask impressive questions. Asking good questions is also an opportunity to sell yourself.  They should be clear, thoughtful and relevant.  Asking a lot of smart questions about the firm and your practice area also shows interest, and thus motivation.  It also makes you look good by showing that you are intelligent, savvy and well-prepared.  You can also make yourself look good with questions that suggest good things about you (such as you are a hard worker, believe client relationships are important, etc.).  Another example of an excellent question is “how will you inform me if I am doing an excellent job for you?  Another advantage to this question is that it also suggests that you are serious about the quality of your work.  In addition to asking questions about the firm, asking partners about their own practices is also an excellent way to make positive connections.  However, it is best to avoid more sensitive questions regarding compensation, benefits, hours, etc. until later in the process. In sum, interviews generally revolve around two things – appearance, presentation and questions (both asking and answering).  Excelling in these areas provide the keys to impressing law firms.

Top Ten Interview Questions

When I am preparing a candidate for an interview, we discuss many topics ranging from the trivial, i.e., what should one wear, to the critical, i.e., how to respond when asked why you are leaving your current employer.  Obviously, the manner in which these topics are handled is different for each candidate because each candidate is unique.  There are no standard answers.

However, there is one topic – the questions that a candidate should ask his interviewer – where I do repeat myself often.  I have a couple favorite questions that invariably earn high marks from my candidates during their post-interview debriefings.  In order to have more than a couple great questions at the ready, I decided to ask my fellow BCG recruiters about their favorite questions. My goal was to develop a list of truly outstanding questions – my “Top Ten” if you will – designed to impress the interviewer and make my candidate more memorable – a key feature in a competitive market if one hopes to secure an offer.

Before I get to my Top Ten Interview Questions, I need to discuss the more mundane questions that you may want to ask at some point during the process as well.  For example, you probably do want to ask about how work is assigned, how feedback is given to associates, when you will get client contact, and how deals are staffed (partner to associate ratio.)  I do not mean to disparage these questions.  They are important and will provide important information about whether any particular position is right for you.  However, nearly all candidates ask these questions and you want to be able to set yourself apart from the crowd.

To that end, you may want to employ one or more of the following questions which should elicit thoughtful and animated responses.  The questions are not in any particular order so they are not truly a David Letterman “Top 10”.  Rather they are questions which, based upon your interviewer’s personality and the general tenor of the interview, you may opt to use in order to make your interview notable.  Without further delay, my Top Ten Interview Questions are as follows:

1. What has been your most exciting experience working at this firm?

2. Is there anything that you did not know about this firm when you joined that would have been helpful or good to know?

3. If you and I were to work together on a matter, how would you utilize an associate with my skill set?

4. If I meet your expectations, what career growth can I reasonably expect?

5. What precipitated your hiring need right now?

6. Why did you choose this firm?

7. Of which accomplishment is this firm most proud?

8. Where could you use the most support in your practice right now?

9. How would you characterize the culture and philosophy of the firm?

10. What is your favorite part of your job?

I cannot stress the importance of engaging your interviewer in thoughtful conversation and these questions go a long way toward said goal.  You may not want to use all of them (or any of them) if the interviewer does not seem amenable to innovation.  However, commit them to memory in case you want to use them, as you may be pleasantly surprised by how these questions can turn an interview around for the better.  Good luck and remember – there are no stupid questions!

Did I Get The Wrong IP Credentials?

I work with a lot of IP candidates, and the IP market for both attorneys and patent agents is somewhat unique.  For general attorneys, whether it be litigation or transactional, it matters more where you went to law school and what you have in the way of work experience than it does what your undergraduate major was (with the caveat that it never hurts to have, say, a finance background if you are doing finance transactions).  But in the IP world, if you are an otherwise strong candidate, your job prospects will likely hinge on what it says on your degree depending on what the legal market is looking for at any given point in time.

There is currently an intense demand for attorneys and patent agents with degrees in electrical engineering and/or computer science.  In fact, nine out of ten IP positions on the west coast are seeking such a background, and many firms will not even consider a candidate without a formal degree in these areas, regardless of that candidate’s knowledge and experience.  In speaking with partners and recruiting coordinators at law firms, it is clear that this dynamic is driven by client demand.  Thus, current job-seeking candidates with degrees in the life sciences are finding that their opportunities are few and far between (we have seen a recent small but significant uptick in demand for life sciences IP on the east coast, and are optimistic this will start to be the case on the west coast towards the middle part of next year).

What this means for you as an IP candidate is that, if you have a degree (even a Ph.D.) in a particular technical area, and you are finding that you are not getting any traction with law firms, it is not because you have “bad” credentials, it just means that you will have to pay attention to the market and either have the patience to wait for demand to pick up in your field, or make sure to jump on available opportunities if your background is in high demand at the moment, because that can always change as the hiring cycle and market moves on.  In either case, a good recruiter should be able to inform you about the state of the market, and the likelihood of landing interviews quickly or tempering your expectations and having patience to wait for the next market cycle.

How to Resign Gracefully

With bonus season upon us, many law firm associates are beginning to plot their next career move.  Some may be looking for an in-house or government job, a position with a smaller firm, or employment in another city, while some are simply looking to move to another firm not that much different than their current one. The good news is that lateral hiring picks up after the holidays and your chances of finding a new job are high.  Here are some tips for resigning from your current job without burning any bridges:

• You MUST resign in person.  It is unprofessional (and cowardly) to resign by email or phone.
• Give notice first thing in the morning.  You’ll have more courage before that jolt of caffeine wears off and your boss is more likely to be around.
• Give your notice to just one person – preferably the partner or supervisor for whom you do the most work.
• The conversation with your boss on resigning should be brief and concise:  “I want to let you know that I will be leaving (current firm) to join (future firm).  I’ve thought long and hard about this decision and although I’ve really enjoyed my time here and have learned a lot, I know this is the right decision for me at this point in my career.  Thank you for all of your guidance and mentoring and I hope we can stay in touch.”
• Don’t talk about resigning to your peers beforehand – you do not want your boss to hear about your resignation from another source.
• If your partner or boss is unsupportive or even angry – don’t take it personally.  They are most likely sad to lose you and are already worrying about who is going to take over your matters.
• If your partner or boss asks you to reconsider leaving – stay strong. You have made your decision.  In my experience, associates who withdraw their resignation wind up leaving within the year – mainly because of unfulfilled promises from the partner who encouraged them to stay.
• Please refrain from criticizing anyone or anything at your current firm – even if the HR department asks for feedback.  Leave on a high note and stay positive.
• Ask the HR department for their departure policies and follow them closely.  Do not take any client files, precedent or work product unless you have written permission to do so from the Conflicts Department.
• Take a break before you start at your new job.  This is the only time in your career that you can take a vacation without having to check your email!

It’s Been A Week and I Haven’t Heard Anything

If you are embarking on a job search in the current legal market, it will require you to simultaneously have the patience of a saint as well as be prepared to respond to a potential opportunity at a moment’s notice.  Hiring is always driven by law firms, of course, and given the current market conditions firms are not only being more cautious with their hiring but also have an incredibly large pool of applicants from which to choose for each position.  The combination of these two factors alone means that even if you are a very strong candidate, it can often take a few weeks to hear a response either way.

Believe me, I am just as impatient to hear back as my candidates – after all, I want to get them great jobs as soon as possible!  But I also understand the concerns of law firms when it comes to the perils of lateral hiring, the need to screen for the best possible candidate who will stick around for the longest possible time, and the incredible amount of work it takes on the part of a law firm’s recruiting coordinator to review resumes, get feedback from busy partners, manage interview schedules, and correspond with applicants and recruiters on top of their regular human resources duties.

That being said, however, you have to also be ready to respond and do your best to make yourself available for interviews on short notice should an opportunity arise.  Given the relatively small number of jobs available, you do not want to miss out on an opportunity because another candidate was able to interview and fill the position more quickly than you.  It is a good idea to stay on top of your schedule, and even to let your recruiter know what your current availability looks like every few weeks or so just so they have that information on hand if and when they receive an interview request for you.

All this is a long way of saying that it is a buyer’s market, so have patience and try not to get frustrated with how much time your job search takes, but be ready to jump on an interview request right away if it comes up!

It’s Not Too Late to Expand your Options by Sitting for another Bar Exam!

Most states conduct bar examinations on a bi-annual basis, in February and July of each year. As many of you know, state-based registration deadlines for the upcoming February 2013 bar exams are fast approaching. While differences may exist, most states impose December 15, 2012 as the registration deadline for the next available bar exam.

Be strategic. For those of you who are in the process of conducting a job search, or are about to commence a search in early 2013, you should strongly consider taking an additional bar exam in order to expand your prospects. We expect 2013 will still be a tight job market, thus it makes sense to create as many opportunities as possible in as many realistic markets as possible.

Expand your value to a prospective employee. Even if you are not interested in relocating, consider taking an additional bar exam for a state in which you or your clients you are likely to conduct significant business (e.g., if you practice in Washington, DC then consider taking the Maryland or Virginia bar exams or if you practice in New York then consider taking the New Jersey or Connecticut bar exams).

Create realistic opportunities to relocate. Many practitioners decide, after a few years of practice, that they want to return home. While it is helpful to have prior ties to a geographic region, this often is not enough to get a law firm to consider you if you are not also admitted to practice in the region of interest. Sitting for the state bar exam will markedly improve your chances of getting interviews. Ideally, it is best to be licensed in a particular state of interest prior to applying to positions in that region; however, where this is not possible due to time constraints, you should at least register for the next available bar exam and indicate your intention to sit for the upcoming exam on your resume.

Invest in your future. If you do not have prior ties to a region of interest but know you want to relocate there either for personal or professional reasons, then registering for the next available state bar exam will go a long way towards showing firms that you are serious about your desire to relocate. Firms will be more likely to invest in you if you make an initial investment by taking their state’s bar exam.

So what are you waiting for! Although time is running out, you still have a few days to register if you are interested in sitting for an additional bar exam in February 2013.