Offer received from firm. Should you ask for moving expenses too?

I have always given a word of caution to lawyers in regards to negotiating the terms of an offer. Although your request may be perfectly reasonable, any time you attempt to negotiate the terms of an offer- you are at risk of the offer being retracted. Since this market is a tough one and there is a lot of stellar legal talent currently out on the market- you may not want to quibble with the firm over a small detail like moving expenses.

In a different market, it might have made sense to negotiate this point. In this market, where there are plenty of unemployed attorneys who would welcome any job offer- you may want to take the safe route and just accept the firm’s current package. If you decide to negotiate any points of your offer, please proceed with caution.

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Some Reminders Regarding References

References are kind of like the frosting on a cupcake.  They are one of the final touches that go into making your job search successful and sweet.  Many people overlook the importance of offering good references to prospective employers.   Here is a short checklist of some reminders regarding professional references in a law firm setting.

1. You generally need 2-3 partner references from your current and/or previous firm(s).  References are generally never attorneys who are more junior than you.

2. Make sure you choose references that really know you and can sing your praises.  Don’t feel shy about confirming with your references whether or not they feel comfortable giving you a positive character and professional reference.

3. Ask your references if they have a preference in how they would like to be contacted by prospective employers.  Since they are doing you a favor, try to be accommodating to their time and busy schedules.

4. If you are currently employed by a firm and are asked to provide references from your current employer- wait until you have signed a written offer letter by your new employer, before asking for references from your current firm.

5. After prospective employers have checked your references, be sure to send a thank you note and a small gift of appreciation to your references.  This is a thoughtful gesture to let your references know that you are grateful for their kind words and time.

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Weighing a Law Firm Offer?

A year or two ago, I happened upon an interesting questionnaire that NYU’s School of Law had on their website. The questionnaire was intended to assist associates contemplating full-time offers after their summer associate programs had ended. I thought it was a pretty useful tool and wished I could find something similar to send to my candidates who were considering a lateral move (because a lateral associate’s needs are often very different than those of a 3rd year law student)!

Then, last year, I was working with a patent litigation associate who had two offers from extremely different law firms (and to complicate matters, one was East Coast and the other West Coast). We talked at length about the two offers and ultimately revisited the initial reasons we had instituted the search to begin with. It was a very complicated decision for this candidate, and he spent a lot of time making pros and cons lists for each firm.

I realized my candidates could really benefit from a thorough offer analysis tool that would allow them to explore all aspects of the offer and their potential new firm. There are only so many moves that a lawyer can safely make in their career, and it’s important to look, look, look, before you leap.

Here is the article: Analyzing the Offer: A Questionnaire and Worksheet

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Surviving Conflicts Checks (or not!)

In the past week, two of my “placed” candidates received the results of their conflicts checks and the news was not good. In each case the new firm bringing in the candidate found irresolvable conflicts that could not be surmounted with waivers or walls, etc. Not only was this a huge disappointment to both candidates (and to me!); the process took 3-4 weeks to reach resolution. During this time, the candidates had put their search on the back burner, put their thoughts into their new firm and had mentally and logistically started to change direction. It can be very hard to bounce back from this type of disappointment.

As much as we would all prefer to celebrate when an offer is received and accepted, it pays to not pop the corks until conflicts clear. The clearance process seems (in my experience) to be taking longer than ever and the challenges are more frequent. I am putting more emphasis on this issue sooner and sooner during the search process. It is prudent to discuss potential conflicts with an interested firm during the interviewing process. It is extremely smart to submit the conflicts information to the firm as soon as possible. You should not give notice with your current employer (or make big announcements to friends and colleagues about your new position) until conflicts have cleared. And you may want to keep interviewing with other firms, depending on your comfort level regarding a likely problem.

In my experience, this happens with about ten percent of my placements… not frequent, but often enough to be prudent and cautious and avoid getting blind-sided. It pays off emotionally and logistically to see the conflicts check as a last critical step in a sophisticated process.

May all your conflicts checks be clear!

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