Timeline For A Lateral Associate Move And The Offer & Acceptance Process (Part III)

Ed. note: This is Part III of a three-part series on the timeline for a lateral associate move and the latest installment in a series of posts from Lateral Link’s team of expert contributors. Abby Gordon is a Senior Director in the New York office where she focuses on placements of partners, counsel, and associate candidates for law firms and in-house. Her focus is primarily on the New York, Boston, and European markets. Abby holds a J.D., cum laude, from Georgetown University Law Center and a B.A. in Government and Romance Languages, magna cum laude, from Dartmouth College. Prior to recruiting, Abby spent seven years as a corporate associate with Cleary Gottlieb Steen & Hamilton LLP, focusing on capital markets transactions for Latin American clients in New York, and for the last five years for European clients in Paris, France. She regularly participates in professional and career panels and has published numerous articles offering career advice and tracking trends in the legal market (links to which are on her LinkedIn profile). She is a member of the New York, Massachusetts, and Maine state bars. Abby is fluent in French and Spanish, and enjoys dabbling in Portuguese and Italian.

Be sure to also read Part I (Interviews) and Part II (Offer, Acceptance, Background Checks & Conflicts) of this series.

For a smooth lateral associate move with minimal misunderstandings on the part of the candidate, the current employer and the future employer, I encourage associates to familiarize themselves with the process before jumping in. In the last two weeks’ installments, I discussed the timing of interviews and the offer and acceptance. In this final installment, I discuss giving notice, handling reference checks, and picking your start date. Remember, the dates below in italics are only an example of one possible timeline.

Giving Notice

Week 9: You give notice to your current employer.

Do not give notice until you have the green light from the new firm! Wait for the new firm to confirm that the background checks and conflicts checks are complete and there is no problem before you let your current employer know that you are leaving.

How do you give notice? The most common approach is to schedule an in-person meeting with the partner or partners (but one at a time) with whom you work most closely. Let them know you have decided to move on to your next professional opportunity and be sure to emphasize how much you appreciate the opportunity you have had to work with them. Never burn bridges. It’s hard to know how the partner will react, but many partners are surprisingly supportive. Remember that given the pyramid-shaped business model of law firms, partners do expect most associates to leave eventually.

You may have a good reason for waiting a few days to give notice, but barring this great reason, do not procrastinate! Partners may be out of the office or you may get staffed on a new matter. Bite the bullet and do it as soon as it’s appropriate!

Be prepared! While many partners are supportive, you must be prepared for the possibility that the partner tries to talk you into staying. Your current firm may even offer you a salary hike or that inter-office transfer you had been asking for. If you have any doubt that you may be vulnerable to persuasion, discuss this scenario with your recruiter before giving notice. Practice responses to different enticements to stay. You did your homework. There is a reason you chose to move on. Rarely will the reason to stay be that compelling (or the promise reliable). On rare occasions, a partner may be hostile. Again, be prepared. Stay calm and professional. You can cry, scream, yell and curse once you’re home.

As soon as you’ve spoken with the key partners, follow up with HR. It is best to send them a written letter of resignation and ask about any other internal procedures you will need to follow. For example, be aware that firms have strict document retention policies. Do not try to download your firm’s database before leaving! You may be entitled to copies of certain documents, but follow the set procedures. Firms also have policies (often based in state ethics rules) dictating what you may and may not say to clients about your departure.

Be sure to let your recruiter know as soon as you’ve given notice. The recruiter will inform your new firm right away so they can proceed with next steps.

I have said this several times, but I will say it again: always remain professional and as cooperative as possible. Work with the partners to devise a plan to wrap up or pass off your ongoing matters and to notify clients. Focus on the positive if you’re asked to do an exit interview. Don’t burn bridges.

Reference Checks

Week 9: New employer checks references.

You may choose to provide references earlier in the process, in which case the firm may call them at any point in the interview process. But if you are providing current employer references, the new firm will wait and call them after you’ve confirmed that you have already given notice.

What does this reference check entail? Every firm has a different process, but by and large the reference check is becoming less and less of just a mere formality. If you have any doubt your references will speak highly of you, discuss the situation with your recruiter to determine how to proceed. And be sure to read my colleague Kristina Marlow’s article on Why You Need To Think About Your References Before You Need Them.

Setting Your Start Date

Week 12: Start date.

You’re in the home stretch now! The final piece is to agree with the new firm on your start date. Keep in mind—once again—that this is not the summer associate hiring process. If a firm has an opening, it’s because they have an immediate need that they are looking to fill… yesterday.

A good way to make an enemy of your new employer is by springing on them at this late stage that you actually don’t want to start for another six months. Firms will expect you to give your current employer two weeks’ notice, possibly a bit more if you are in the middle of a big deal or trial. They want you to arrive fresh and enthusiastic, hence a week or two of vacation between jobs is a great idea. You may need a bit more time if you’re making a geographic move as well. And firms can be very understanding when you’re coordinating a move with a working spouse or a whole family. If you’re accepting an offer in November or December, the firm will likely expect you to wait until you receive your year-end bonus before giving notice. (Do not give notice before your bonus hits your bank account!)

If you have a very compelling reason for delaying your start date more than a month or so after you accept the offer, be sure to discuss your situation with your recruiter before asking too much of the new firm and starting off on the wrong foot.

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A final thought on the lateral process: Always keep in the forefront of your mind at every stage of the process that you will be working with the new team every day for the foreseeable future. You should inform yourself of the process, the norms and the expectations of the new employer before jumping in. You should act professional and respectful, and be responsive and maintain open lines of communication with the firm, directly or through a recruiter, at every stage of the process. Even if you kill it in the interviews, your ability to succeed at the new firm will be greatly impaired if you do not handle the offer and acceptance process professionally and enthusiastically.

If you are considering exploring the lateral market, it’s very helpful to seek the guidance of a legal recruiter who can share our expertise regarding the process and who knows how to best advocate on your behalf while navigating the road to a lateral move. If you’re still considering whether it’s the right time for a move, take a look at my recent article Top 12 Reasons Why Associates Switch Law Firms. A legal recruiter can help you to weigh the pros and cons in light of your specific situation.

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