Late last month, we heard reports that one prominent law firm was not complying with the hiring rules and timetable set forth by the National Association for Law Placement (NALP). More specifically, we heard that this firm was refusing to follow NALP’s 45-day rule for accepting offers of summer employment. Rather, the firm was giving students only two weeks to accept or decline offers (and planning to take that approach for the entire cycle of on-campus interviewing this fall).
Why have we decided to run this as a blind item? We understand that, since the time of the original reports, the firm in question has moved into compliance, setting aside its original plan to ignore the NALP timetable this year.
But this does raise a question: In light of the grim economy and the current turmoil in the legal job market, should the NALP rules be revised in any way, or perhaps temporarily suspended for this year?
We’re working on a longer post about this very subject. If you have views on the issue, feel free to opine in the comments, or email us (subject line: “NALP Rules”). Thanks.
Blind Item
On Monday, we offered you a blind item about a major law firm giving “fake work” to its summer associates. Some commenters thought we were criticizing the practice, but if you go back and read our original post, you won’t find any criticism. To the contrary, we enumerated the advantages of this policy (which found defenders in the comments as well).
We now bring you an update, based on a number of interesting emails we received. Here’s one:
My former firm, Day Berry & Howard [now Day Pitney], did this with first years back in the 80s. Several of us found out we were researching the exact same issue having to do with business trusts. I proposed we do a joint memo and that’s what we did. I don’t think they did that again.
And here’s a second:
Fake-work has been happening for years. I have given it to summers at the two firms I’ve been at and have practiced this art since 2005…. [T]his practice will greatly increase this year.
It is very easy, especially in areas like tax, where you can give a summer associate a discrete set of facts year after year (sans client names) and see if the summer can get to the answer you already know is right (or find some of the authorities that are directly on point). I actually think it is a GREAT way to test a summer’s research and writing ability without having to take as fact the lame “I couldn’t find very much on point” excuse. Of course, it is essential that the summer not know you gave him/her fake work until he/she does a spotty job and then you hand them the memo you (or a former summer associate) wrote so that they can see that they should have put a bit more effort in getting the project right before handing it in. In prior years, it was fun to see the sense of dread come across an SA’s face if they did, in fact, half-ass it and you caught them in the act (since the SA would likely get an offer anyway). This summer, pulling something like this would probably bring the SA to tears or worse.
I gave three separate fake work projects to summers back when I was at Locke Lord. The partners absolutely knew I was doing it and liked the comparison potential that the practice fostered. The practice was not widespread when I was doing it.
Additional discussion, plus the name of the firm that was the subject of the original blind item, after the jump.
Continue reading “Blind Item Follow-Up: In Defense of Fake Work”
Here’s an interesting rumor we’ve heard. We’re a little short on details, and we’re trying to chase down additional confirmation. We thought we’d toss it out as a blind item and solicit the missing information from you, our readers.
This is what we’re hearing. One large law firm is so hard up for work that it is starting to give some summer associates what we’d call “fake work.”
To be sure, much of the work given to summer associates, in any economy, is make-work — e.g., write a memo to file on a legal issue that will never actually arise in the litigation. But this isn’t mere make-work; it’s fake-work. Summers are being given assignments for projects that have already been completed. For example, summers are being asked to draft research memos for briefs that have already been filed. And, interestingly enough, multiple summer associates — but located in different offices of the firm, to reduce the likelihood of their comparing notes — are being given the same fake-work assignment.
What are the advantages of this approach? After the jump.



