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Dude, Where’s My Job? The Future of Recruiting

NALP logo.JPGTired yet of our coverage of the NALP conference — which, after all, ended last week? If so, read coverage by others.

E.g., Ari Kaplan, for Law.com (describing the plenary panel, where yours truly was set upon by an angry mob asked tough questions); Brian Dalton, for Vault (“Every time a pointed question came his way, Lat managed to defuse the tension through self-deprecating humor and by speaking really, really fast.”); and John Bringardner, for Legal Blog Watch (“[W]hile the law school staff, recruiters and related industry types at the show report lower attendance than in years past, it’s not all glum news.”).

Even if you’re getting NALP fatigue, we suspect that this panel will interest you: Recruiting During Recession and Recovery. Recruiter and law-firm consultant Frank Kimball — former hiring partner of McDermott Will & Emery, founder of Kimball Professional Management, and a talented dancer (we saw him getting his groove on at the MLA karaoke party) — spoke to a packed room about the challenges of running a recruiting program in tough times.

Read about his remarks — which took the form of advice to law firm recruiting departments, but which should also interest applicants seeking jobs with said firms — after the jump.

Kimball summed up the current climate by recounting an exchange he had with a candidate headed for a law firm:

Candidate: Do I get a starting bonus?

Kimball: Your bonus is, you get to start.

Seriously. With new associates getting pushed off into late 2009, 2010, and beyond, actually being able to start work at a law firm is now a privilege, not a right.

An essential feature of today’s recruiting landscape, according to Kimball, is the “velocity and transparency of change.” Fifteen years ago, firms didn’t know what their competitors were doing. Today, thanks to the legal media — Kimball gave a shout-out to Above the Law, as well as the American Lawyer and Vault — firms know a great deal about what their competitors are up to.

This knowledge results in more rapid change, both in periods of boom and bust. Thus, in 2007, associate salaries “got jacked up like a used Chevy in a chop shop.” Now, of course, compensation is falling — fast. Kimball predicted that this summer a top 25 firm would lower its starting salary from $160,000 to $145,000, or even $125,000.

In this climate, rumors rapidly fly. How should law firm recruiting personnel respond when recruits call to ask about the latest gossip? “With care,” urged Kimball. The rumor could be true — and the recruiting folks just haven’t been told yet.

The difficulty is that, in this grim economy, the recruiting process is “the tail of the dog”: it’s being subordinated to maintaining firm profitability. Firms are more focused on keeping up their profits per partner, and stopping partner defections, than on recruiting new talent. They may change firm operations to save money, in ways that would be relevant to recruiting, but the recruiting folks may be the last to know.

After making general observations, Kimball turned to providing practical advice for law firm recruiting departments.

How should firms change their approach to on-campus interviewing (OCI) during the downturn?

  • Become more selective — but don’t just mindlessly jack up your GPA requirement.
  • Instead, focus on candidates who have strong ties to your city.
  • Place weight on a candidate’s commitment to private practice.
  • Select recruits based on their work ethic and people skills.
  • Change the list of campuses that you visit for OCI. Prune it down to the schools that you actually get students from (as opposed to schools that are prestigious to visit, or schools that you recruit from because “we’ve always recruited from school X”).

    Once a firm decides which campuses to recruit on, how should they conduct their interview process?

  • Don’t disparage competitors (even if, in this economic climate, there might be fodder for disparagement and schadenfreude). It makes you look insecure and hostile.
  • Make sure your on-campus interviewers are “on message,” and have been briefed about how to respond to questions about layoffs, salary freezes, and other bad news.
  • Make sure your on-campus interviewers know the data cold — e.g., offer percentages, department sizes, etc. Law students these days are well-informed (and skeptical); they will ask challenging questions.

    What are some things firms should keep in mind about the fall 2009 OCI process?

  • Student attitudes will vary; some are in denial about how bad things are. Be prepared for that.
  • In this economy, you can take a harder line against students who want to split their summers. Kimball quoted this snarky line: “I’m not an ice cream parlor. I don’t do splits.”
  • If your program ends up being undersubscribed — congratulations!
  • Offer letters: consider being vague about salary. The “market” salary could change between the time of the letter and the time the recruits start. Why lock yourself in?
  • Keep an eye out for what your competitors are up to — e.g., by reading Above the Law — but avoid direct discussion with them, which could raise antitrust concerns. Every now and then, antitrust regulators get a bee in their bonnet about Biglaw.

    What are some of the more radical ideas for overhauling the recruiting process, for the 2009 recruiting season and beyond?

  • Will some firms move from fall to spring recruiting? Some firm may break ranks and do that, but Kimball is “not sure if it’s a good idea.”
  • Will some firms suspend on-campus interviewing in fall 2009 (and just have applicants apply to them directly)?
  • Will some firms cancel their summer programs entirely? (Of course, some firms have already done that for 2008. But there is the issue of killing your talent pipeline.)
  • Will some firms start to hire only experienced attorneys and/or clerks? Some midsize and regional firms already do that; perhaps a Biglaw firm will join them in this.

    How should firms handle the delivering of bad news — to summer associates, full-time associates, and the media?

  • Be forthright and honest. For example, if you “no offer” summer associates for economic reasons, be honest with them about why you’re not extending them offers. Manufacturing performance-based explanations is “cowardice.”
  • Be more candid in general about bad news. It’s interesting to see how rarely law firm websites mention adverse developments (compared with, say, corporate websites).
  • Avoid PR doublespeak. When you have bad news to communicate to the outside world, make your statements clear and to the point.
  • Don’t engage in “stealth layoffs.” It is counterproductive, ineffective, and unfair to the departing lawyers.

    Miscellaneous observations and tips from the remainder of Frank Kimball’s talk (which ranged over a number of different topics):

  • The tactic of deferring incoming associates, either for a few months or for a year, “has the potential to be a mess.” Will firms have the capacity to absorb when two classes show up at once? Deferral is really just a short-term solution, “a band-aid on the cash-flow chest wound of law firms.”
  • Entry-level hiring isn’t the only area being affected by the Great Recession. “There is more termination of equity partners going on today than even the blogosphere can understand.” (Hey readers — if you have tips on equity partner firings, please email us.)
  • Will there be “an end to equal protection,” i.e., the lockstep mentality that calls for paying everyone the same? Kimball isn’t expecting a total overhaul, but says to look for more variability in terms of bonuses (a trend we’ve seen in recent years). Some of this may be tied to variations in billable hours — even if hours are a crude tool for measuring performance, they are still useful.

    Hang on to your hats, everyone. We live in interesting times.

    Looking for Opportunity in Crisis at NALP’s Annual Conference [Law.com]
    NALP 2.0 [Vault]
    Conference Watch Part 1: The News From NALP [Legal Blog Watch]

  • Comments

    1 Posted by Quinn_Remains | Permalink Tuesday, April 7, 2009 2:00 PM

    Really? That's the best title you could do?

    QUINN REMAINS unimpressed

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    2 Posted by guest | Permalink Tuesday, April 7, 2009 2:04 PM

    Hm, hiring experienced attorneys and clerks? That sounds like a ridiculously good idea. BigLaw should look into that.

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    3 Posted by guest | Permalink Tuesday, April 7, 2009 2:05 PM

    How about eliminating the hiring of 1Ls from Michigan?

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    4 Posted by guest | Permalink Tuesday, April 7, 2009 2:07 PM

    bring lat back

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    5 Posted by guest | Permalink Tuesday, April 7, 2009 2:12 PM

    Is anyone seriously trying to split this summer? Most incoming SAs I know are crapping their pants about getting no-offered, and splitting a summer is just handing a firm a reason to deny an offer.

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    6 Posted by guest | Permalink Tuesday, April 7, 2009 2:18 PM

    Lat speaks at Boalt in an hour.

    Does anyone have a good question I should ask him?

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    7 Posted by guest | Permalink Tuesday, April 7, 2009 2:18 PM

    Quick! Somebody find a typo in this and scream at Elie for it, so that 400 people can promptly yell "This isn't Elie you moron, it's Lat" at that guy!!

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    8 Posted by guest | Permalink Tuesday, April 7, 2009 2:19 PM

    5, There are two different types of splits. One is a 2L who is splitting between two firms he/she has never worked for before, which I think can fairly be seen as a bad strategy (though probably was committed to this BEFORE all the late unpleasantness).

    The other is a 2L who had a 1L summer position and is splitting to return to the prior firm for a few weeks at the end of the summer. Totally different situation. It would be senseless for that person to not return to the former firm.

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    9 Posted by guest | Permalink Tuesday, April 7, 2009 2:25 PM

    All firms should stop hiring entry-level attorneys. Why should firms take on the responsibility of training their future partners.
    Obviously there is an endless supply of clerkships and government jobs available to law students.

    Better yet, law students should graduate from law school with at least 4 years of legal experience and training.

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    10 Posted by guest | Permalink Tuesday, April 7, 2009 2:32 PM

    6 - Ask him why law firms continue to hide behind the tissue paper "arms length" curtain of using headhunters to hire from one another when they should be doing it internally the way the rest of the business world does.

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    11 Posted by guest | Permalink Tuesday, April 7, 2009 2:35 PM

    "It's interesting to see how rarely law firm websites mention adverse developments (compared with, say, corporate websites)."

    Really? And this guy was a lawyer? I mean, he couldn't come up with a good reason that corporate websites might disclose bad info while law firms might not?

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    12 Posted by guest | Permalink Tuesday, April 7, 2009 2:36 PM

    FIRST to say I don't care about the NALP conference. Gimme more layoff news!

    13 Posted by Nervous Top1O 1L | Permalink Tuesday, April 7, 2009 2:37 PM

    3 Do you have anything personal against Michigan? Are you from OSU?

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    14 Posted by guest | Permalink Tuesday, April 7, 2009 2:38 PM

    has anyone heard about the lesbian partner at king and spalding that had sex with a client ? does anyone have photos ?

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    15 Posted by guest | Permalink Tuesday, April 7, 2009 2:38 PM

    10,

    You must not have ever worked outside of a law firm... every industry has recruiters that work outside the institution and, in fact, most industries think more highly of recruiters than attorneys.

    9 is absolutely right in that firms are going to curtail summer hiring and focus more on lateral type recruiting. the top echelon firms will still hire top students out of the top 14 but it will be pared back and will fill in the blanks and needs at the lateral level. It will be similar to how every other business acquires people - or if you want to think about a professional sports organization. That is the wave of the future and the current economic climate has just pushed that development further along

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    16 Posted by guest | Permalink Tuesday, April 7, 2009 2:43 PM

    15 - I think 9 was being sarcastic - i.e., firms SHOULD take on the responsibility of training future partners, and law students can't graduate with four years of legal experience.

    Sorry you missed the joke.

    -Not 9

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    17 Posted by guest | Permalink Tuesday, April 7, 2009 2:43 PM

    10, because the law firm wants to hire the best lawyer for the job rather than retraining some TTT who happens to be working in another department. Sorry your firm laid you off and hired new (better) people, bro.

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    18 Posted by guest | Permalink Tuesday, April 7, 2009 2:45 PM

    michigan is so TTT

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    19 Posted by guest | Permalink Tuesday, April 7, 2009 2:50 PM

    Thanks for getting it 16.

    I don't get where firms think they are going to get all of this trained legal talent.

    - 9

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    20 Posted by guest | Permalink Tuesday, April 7, 2009 2:50 PM

    NY to 100k!

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    21 Posted by guest | Permalink Tuesday, April 7, 2009 2:50 PM

    "What are some things firms should keep in mind about the fall 2009 OCI process?

    Student attitudes will vary; some are in denial about how bad things are. Be prepared for that."

    2011 is the true lost generation

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    22 Posted by guest | Permalink Tuesday, April 7, 2009 2:51 PM

    14 - When do your parents get home? And why isn't your babysitter monitoring your internet use more closely?

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    23 Posted by guest | Permalink Tuesday, April 7, 2009 2:51 PM

    Any restaurant recommendations in Lexington, Ky.? I have doc review there next week.

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    24 Posted by guest | Permalink Tuesday, April 7, 2009 2:52 PM

    Ain't no jobs out there.

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    25 Posted by guest | Permalink Tuesday, April 7, 2009 2:57 PM

    5,

    I'm splitting this summer. Do you actually think my chances of getting one offer are LOWER than if I were at a single firm the entire summer?

    For that to be true, you would have to believe that both firms are half as likely to extend and offer simply because I'm splitting. I believe that on-the-job performance will be the larger factor.

    See http://en.wikipedia.org/wiki/Diversification_(finance)

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    26 Posted by guest | Permalink Tuesday, April 7, 2009 3:00 PM

    23 - Are you sure it's doc review? I think your firm is just abandoning you in Kentucky rather than offering you severance. It'll be fun though - think of your journey home as "Amazing Race: Appalachia". Elie and Lat will probably even let you post about it.

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    27 Posted by guest | Permalink Tuesday, April 7, 2009 3:05 PM

    25,

    The problem is that financial diversification does not take "appearances" into account. If neither firm thinks you're devoted enough to their firm, then so long. I predict offer chances LOWER than 50% for splits.

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    28 Posted by guest | Permalink Tuesday, April 7, 2009 3:06 PM

    25 - it depends entirely on the quality of your firms and the size of your class. If they are looking for reasons not to give out offers, then you have given them one.

    As for your on-the-job performance argument, that also relies heavily on your firms. Most BigLaw firms don't have work for their current attorneys, never mind SAs. If that is the case at your firms, then you won't have enough substantive work for them to make performance-related decisions, and offers will be based on different criteria. For example, it may be based on your perceived level of interest and commitment to the firm, which would be diminished if you split.

    So, yes, it is possible that splitting reduces the chances of getting hired.

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    29 Posted by guest | Permalink Tuesday, April 7, 2009 3:08 PM

    This would never happen in Texas.

    -A double-wide, a pre-owned Chevy and Big-haired wife in acid washed jeans in Texas.

    30 Posted by Law Guru | Permalink Tuesday, April 7, 2009 3:16 PM

    With the hundreds of associates deferred or laid off this year, firms appear to be banking that the risk is minimal, since the associate market will have plenty of pickings for the next couple of years.

    "I think there will be, for the next year to two years, more first-years than law firms will be looking for," said Keith Wetmore, chairman of Morrison & Foerster.

    "I hope that by the fall of 2010, firms will be close to being aligned again through smaller summer classes this year," he said.

    Many of California's biggest firms have cut the number of associates in their programs compared to last year, some by 30 percent to 50 percent, according to data collected from the National Association of Law Placement. See The Recorder's table of how top CalLaw 25 firms are (mostly) shrinking their summer classes (pdf). For further data, see The Recorder's law school blog, The Shark.

    The 10 largest firms nationwide also have cut their programs by similar amounts.

    http://www.zimbio.com/pilot?ID=aMZg3wLjpfD&ZURL=%2FLaw%2BSchools%2Fnews&URL=http%3A%2F 2Fus.rd.yahoo.com%2Fdailynews%2Frss%2Fsearch%2F%2522berkeley%2Blaw%2522%2BOR%2B%2522best%2Blaw%2Bschools%2522%2BOR%2B%2522law%2Bprograms%2522%2BOR%2B%2522law%2Breview%2522%2BOR%2B%2522law%2Bschools%2522%2BOR%2B%2522law%2Bstudent%2522%2FSIG%3D1242b9klt%2F*http%253A%2F%2Fwww.law.com%2Fjsp%2Farticle.jsp%3Fid%3D1202429711985%26rss%3Dnewswire

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    31 Posted by guest | Permalink Tuesday, April 7, 2009 3:29 PM

    15--How would you respond to the proposition pasted below? Pretty interesting article.

    you cannot introduce a gap into that supply chain. You need to be in the business of continually recruiting new talent, in order to feed the continually moving production line of senior to mid-level to junior staff needed to manage cases and transactions. You cannot, in other words, inflict on your own firm the equivalent of a "lost generation."

    http://www.bmacewen.com/blog/archives/2008/12/whats_your_attrition_rate.html

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    32 Posted by guest | Permalink Tuesday, April 7, 2009 3:29 PM

    15 - Actually, I have worked outside of a law firm. Precisely why I made the suggestion that I did. Law firms spend millions in search fees so they can pretend they didn't recruit someone directly from one another. Yes, companies use external recruiters, but most companies have good internal recruiters as well. Not everything is about being a lawyer you know..well, clearly you don't know.

    17 - Still employed "Bro". Why do you have your shorts twisted - because I recommended a little better transparancy in hiring? Not to mention better fiscal management. Oh, wait, I know - because you're a headhunter and you're scared to death that the easy road is getting bumpy.

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    33 Posted by guest | Permalink Tuesday, April 7, 2009 3:29 PM

    15--How would you respond to the proposition pasted below? Pretty interesting article.

    you cannot introduce a gap into that supply chain. You need to be in the business of continually recruiting new talent, in order to feed the continually moving production line of senior to mid-level to junior staff needed to manage cases and transactions. You cannot, in other words, inflict on your own firm the equivalent of a "lost generation."

    http://www.bmacewen.com/blog/archives/2008/12/whats_your_attrition_rate.html

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    34 Posted by guest | Permalink Tuesday, April 7, 2009 3:29 PM

    9 and 16,

    and all those recently canned attorneys demonstrate what exactly? i.e. that there is/was an overabundance of lawyers and that firms don't have the work for them currently and given the prospects of the financial industry are never coming back to the same level if at all, see securitizations or companies are keeping more of their work in-house the need for lawyers will diminish.

    Firms don't need 1st year associates and only a warped person would think otherwise. Firms can get contract/staff attorneys to do the grunt work and use that like a baseball team's minor league and then fill in via free agency (the lateral market). The legal profession is changing and it would be better to have your eyes and ears open to take full advantage.

    Ask a buggy whip makers how they are doing right now.

    15

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    35 Posted by guest | Permalink Tuesday, April 7, 2009 3:30 PM

    I've seen Kimball live. Funny guy, smart too. Was a hiring partner before S&S fell off the edge.

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    36 Posted by guest | Permalink Tuesday, April 7, 2009 3:35 PM

    26, funny, but do you have any restaurant recommendations?
    --23

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    37 Posted by guest | Permalink Tuesday, April 7, 2009 3:37 PM

    15 - Actually, I have worked outside of law firms. More of you should try it. Having been outside of law firms is precisely why I point out the fallacy and farce of using headhunters (almost exclusively) to hire lawyers. Most corporations, while they do use headhunters from time to time, have internal recruiting teams. The model works well. It is also more fiscally responsible and could have saved some of these sacred law jobs.

    17 - Hate to ruin your rant, "Bro", but I am still employed. I bet you're a headhunter and you're soiling your Scooby-Do underoos because the simple fee ride is grinding to a halt.

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    38 Posted by guest | Permalink Tuesday, April 7, 2009 3:38 PM

    Hey, 15/34. Where are all those laterals going to come from? The government can't employ them all - I bet a bunch of them will have been first-year associates somewhere.

    You seem to have mistaken shrinking associate classes for the elimination of associate classes. They're not the same thing. But given that you're a stupid jackass that can't spell or use grammar, I guess you missed that.

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    39 Posted by guest | Permalink Tuesday, April 7, 2009 3:41 PM

    23/36 - sorry, no. I'm only good for smart-ass remarks, I have nothing of substance. Glad you liked the joke though.

    -26

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    40 Posted by guest | Permalink Tuesday, April 7, 2009 3:41 PM

    Splitting the summer isn't that crazy this year especially since firms have cut their programs down to 8-10 weeks. I'm doing the full 8 weeks at one firm that cut down from 12-14, and then going to another firm where I already have a job offer for 4-6 weeks. Surely this won't impact my job offer decision from firm 1 since I will have done the entire program?

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    41 Posted by guest | Permalink Tuesday, April 7, 2009 3:42 PM

    Biglaw should stop hiring new grads. When new ballplayers come out of HS or college, teams don't pay the whole lot of em the MLB minimum to sit on the bench; they leave em in the minors for a few years, to weed out the weaklings and develop stars.

    Likewise, let young attorneys get better hands-on training at lower-tiered firms, then poach the capable and willing after a few years. Biglaw scut-work can be handled by contract attorneys.

    Added bonus for Biglaw, there's no draft or guaranteed contracts like in MLB.

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    42 Posted by guest | Permalink Tuesday, April 7, 2009 3:47 PM

    Hey, look 40 - the consultant guy told 1000 BigLaw HR reps not to let their summers split. You tell me if it's a good idea to split your summer.

    43 Posted by Law Guru | Permalink Tuesday, April 7, 2009 4:28 PM

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    Chennai: Friday, July 10 - 2009 to Thursday, July 30 - 2009

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    Previous particpants have commented:

    “After successfully completing Lawwave's Corporate and LPO Training Program, I am now employed with a Texas-based law firm in Delhi, where I directly coordinate with the US attorneys for project accomplishment, and review legal documents, petitions & drafts and prepare demand packets. I am using the skill set that I gained through this program” - Gagan Deep Singh Bagga,

    “Lawwave LPO trainers are really good and I got a lot of exposure to LPO through legal research and litigation support projects. My career is on a fast track since then.” - S. Rajagopal,

    avatar
    44 Posted by guest | Permalink Tuesday, April 7, 2009 4:59 PM

    Much of this was easily foreseen (check the message here mocking the stupidity of the "top firms" for having summer classes of say 150+ when these firms have only three to four hundred total lawyers.

    A certain blogger defended one of the worse overhirers with some lame ass "but they did a lot of mergers two years before the summer program will start so it makes sense...."

    45 Posted by QED | Permalink Tuesday, April 7, 2009 5:05 PM

    assuming arguendo that there is a future of recruiting, the secret will be to get the photos referred to by #14 and send them with a copy of your resume to the aforementioned partner with a cover letter consisting only of the words "a fortiori."

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    46 Posted by guest | Permalink Tuesday, April 7, 2009 8:42 PM

    2L here. Splitting isn't stupid; it's the only survival strategy left. When a national firm recruited me last fall, they advertised a 12 to 14-week program. I told them they had to let me put in a couple weeks at the regional firm I worked at 1L summer. The national firm eventually agreed.

    Of course, you know the rest of the story. The national firm cut its summer program to 8 weeks maximum. It's improbable that the offer percentage will be that great. I'm beginning to wonder if the move is even worth it.

    If I'd told the regional firm to take a hike, I'd be screwed right now. I'd be unemployed for a month this summer, I'd probably have lost the regional firm's interest (even though they love me), and everything would ride on whether the national firm felt like hiring anyone this year.

    If a firm is only going to employ you for 6-8 weeks, it's insane for the firm not to let you work somewhere else the rest of the summer. There's dumb loyalty to a firm that hasn't offered you anything real and there's showing initiative to get work; I want to work for a firm that rewards the latter.

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    47 Posted by guest | Permalink Wednesday, April 8, 2009 11:58 AM

    46 - That's really poor reasoning. Law students used to be the belle of the ball, and the firms were the suitors. The opposite is now true. Why should you show "dumb loyalty" to my firm, when all we have offered to do for you is pay you thousands of dollars a week that you are not worth? Because you need to if you want a job here.

    No firm is going to begrudge you trying to fill your time before or after their program (nor will you get "showing initiative" points for doing so). But that is not splitting. Splitting is telling me you can't show up for all of my program so that you can work at another firm, and that increases your risk of a no-offer.

    Although it won't matter if you are a star (although that seems unlikely with your attitude and reasoning), if you are one of the people possibly getting no-offered, it makes it a lot easier to cut you and take someone else who 1) was around longer and presumably has developed stronger relationships; and 2) really wants to work here (i.e., does not still have his/her foot in the door of another firm). Plus it is less difficult to cut someone who probably has another job.

    Being "screwed" by being out of work for a month of one summer (please. . .) is a lot better than being screwed by being no-offered.


    -V10 partner

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