Job Searches, No Offers, Summer Associates

Should 2Ls Accept All of Their Offers to The Detriment of Fellow Students

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On Friday, we mentioned that Harvard Law School took on Sullivan & Cromwell over how long to firm would hold open offers for summer associates. It was a good show by HLS.
But the question of what 2Ls should do if they get multiple summer associate offers remains open. Earlier, we suggested that instead of just holding open an offer while they mull it over, we suggested that 2Ls affirmatively accept all of the offers they receive. Later — once the 2Ls have had time to make a considered and wise decision based on relevant financial information about the law firms — 2Ls can call up their firms and revoke the agreement to summer with a particular firm. Hey what is good for the goose is good for the gander, right?
Apparently, bloggers out at U.C. Berkeley disagree. From the Nuts & Boalts blog:

Harvard’s Dean impressed me, and ATL’s advice disgusts me. Boalties: don’t hoard offers. If you have more than one opportunity at your door, it’s time to start making decisions, because the earlier you decline an offer the more likely it will redound to one of your peers.

Whoa. Above the Law-2008 just called, and they want their open thread back.


Long term readers will remember that last year I strenuously argued that 2Ls should accept their offers as soon as possible. I argued that quick acceptance would benefit their fellow classmates. Some of you might remember that I wrote this:

If you are a 2L sitting on multiple offers, could you please — for the love of God — accept one of them already, so the spots you don’t want can be filled by other candidates? At this point, in this market, it is just common courtesy.

That post was written on October 17th, 2008.
Ask anybody from the class of 2010 if they’ve learned anything since October 17th, 2008. Over the past year, we’ve learned that firms will rescind offers to summer associates. We’ve learned that firms will defer (or revoke) offers to incoming associates. We’ve learned that firms will bring in an entire class of summers, with little intention of making offers at the end of the summer.
In short, in the past year, we’ve learned.
And something tells me that this year’s 2Ls, the class of 2011, have learned too. Nuts & Boalts seems to acknowledge this:

I know that advice can be hard to follow. Law students hate risk, and they hate making decisions, just like law firms. That’s why Sullivan tried to clamp down on the timeline. But just because you can get away with something doesn’t mean you need to; the temptation to follow ATL’s advice is strong, but like most temptation it’s worth resisting. To hold six offers open, to attend fifteen callbacks, or to delay your decisions until the last moment NALP allows is to flirt with greed and self-indulgence. Not only that, but it will make you feel bad — it eats at you to have these decisions hanging over your head, and I promise you that when you do pull the trigger and put OCIP completely behind you, you will feel a thousand times lighter.

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Also eating at the souls of 2Ls, the fear of not eating.
Law students hate making decisions right now because seemingly everyday some new law firm releases some crucial piece of new information. How many people would have summered at Morgan Lewis & Bockius if they new that the firm was going to come in with an offer rate below 30%? How many no offered 3Ls wish they had waited until after the (post) Valentine’s Day Massacre before they committed to summering at a particular firm? Information is power, and right now 2Ls are at a distinct disadvantage.
In a different world, it would be great for students to look out for fellow colleagues. Unfortunately, we are in the second half of Lord of the Flies, and the law firms don’t really care who has the conch. Firms are (surprise) running a business. Law students are trying to look out for their own careers.
There’s no professional courtesy in foxholes.
“You Just Kinda’ Wasted My Precious Time, but Don’t Think Twice, It’s Alright” [Nuts & Boalts]
Earlier: Harvard Law School to the Rescue
Accept Your Offers: All of Them
Accept Your Offers: Stop Screwin’ Around You Kids Screw Around Too Much

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