Back In The Race: Do Lawyer Blacklists Exist?
If lawyer blacklists exist, can someone please tell Shannon Achimalbe?
You’ve been looking for a job for months. Maybe even a year or two. You’ve sent résumés, networked, and even begged for a job.
Over time, you’ve done everything you can to make yourself more presentable to employers. You ditched the Comic Sans font on your résumé for something more professional-looking. During interviews, you talked about how you can provide value to the employer instead of how the interviewer can look less obese.
But your efforts turn up nothing. Most of the time, you are ignored. If you’re lucky, you’ll get a rejection letter. You’ve seen and heard all of the usual excuses. You’re not the right fit. We found someone with better qualifications. But thanks for playing and we’ll keep your résumé on file for future openings.
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Your confidence plummets and frustration begins to build. It seems like every job you apply to has at least 100 other applicants. To make things worse, you learn that some of the positions were offered to people who went to lesser law schools. Wait a minute, this goes against the natural order of things, doesn’t it?
Eventually, the frustration and depression make you wonder whether employers and recruiters know something that you don’t. Do they have access to a secret global database that documents every sin you committed since you were a baby? And is this database being used by “The Man” to keep you from getting the job you want?
In other words, are you blacklisted?
I looked around to see if a blacklist for lawyers existed. Multiple Google searches revealed nothing. When I asked colleagues if they knew about a lawyer blacklist, more than a few looked at me as if I was paranoid and delusional.
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Solo practitioners and small firms don’t have a lawyer blacklist database. A few may do background and credit checks before hiring, but most do not since lawyers have cleared the character and fitness examination before being admitted to the bar. I assume most prospective employers just Google a lawyer’s name to make sure they weren’t accused of attempted murder on the news or made some racist or sexist comments on a message board. But even though solos and small firms do not have an actual list, they may remember you if you leave a bad impression and may pass it on to their colleagues. As others have said, the legal community is a small one.
Larger businesses, usually those with their own HR departments, might have their own blacklist policies. I have read stories about recruiters flagging applicants on their computer systems for being overly money-focused, exaggerating qualifications, and just being annoying. If you are flagged, then it will be difficult to get another interview with this company.
But I digress. While individual people and businesses may have their own formal or informal blacklists, I don’t think a global blacklist database for lawyers will exist in the near future.
First, blacklisting is illegal in most states and can put companies and their officers at risk for defamation lawsuits, civil fines, and even jail time. This would make a blacklist database difficult to openly maintain. Also, everyone who knows about the blacklist will have to be very selective about who to share the information with because it takes only one stool pigeon to ruin the party. Ironically, limiting the user base will make the blacklist less effective.
Second, maintaining a blacklist database for lawyers seems like an epic waste of time and money. Bar associations typically publicize disciplinary actions against their attorney members. So what would be posted on the blacklist database? While I believe some posts will serve as legitimate warning to future employers, I suspect many more will be about petty things caused by rookie mistakes and misunderstandings. For example, some people might be turned off by a candidate who is overly aggressive about his salary requirements. But is that really a bad thing that merits the ban-hammer on future job interviews? And who is going to pay for this blacklist database? Most bar associations will be very reluctant to pay for an app that frustrates their members’ ability to find jobs.
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Third, I don’t think a lot of employers will want to participate in a blacklist. If an employee leaves on good terms, then she and her employer may stay in touch. But if she leaves on bad terms, in most cases, she will leave immediately with her final paycheck. Afterwards, she and her employer will leave it at that and never see each other again. Most employers need to spend time developing their businesses. Holding a grudge will not only take away from that time, but may also cost more money in the long run. Also, it takes a special type of slimeball to not only fire someone, but also take proactive steps to prevent him from getting another job in the future.
So if your months-long job search is going nowhere, you might be wondering whether you have been blacklisted. Chances are you may not have left a good impression with a few people who may talk about it with their friends. But I seriously doubt that a comprehensive attorney blacklist exists. It is not only illegal, but would be a pain to manage.
But if there is a blacklist, please send me an email with the details.
Earlier: Comic Sans: The Perfect Font For A Subpoena…
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Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at sachimalbe@excite.com and via Twitter: @ShanonAchimalbe.