Deferral Stipend

Some people in the class of 2010 will see this before they see a job.

Don’t look now, but in a few weeks, on-campus interviewing will get started on law school campuses across the country. That’s right — in about a month, law firms will start interviewing people they think they’ll have work for in the fall of 2013. I don’t know where the north pole will be in fall 2013, but law firms are supposed to know how many junior associates they’ll need more than two years from now?

Was this system designed by Nostradamus?

Under this employment system, there are winners and there are losers. Most of the people in the class of 2011 who have contacted us about their start dates have reported that they’ll be starting their Biglaw careers on time in the fall of 2011. That is good news. But even though we’ve moved far from the worst of the recession, there are still firms that are deferring their incoming classes.

In fact, at one firm, some members of the class of 2011 will be starting before members of the class of 2010…

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Way back in 2008, back when people were wondering just how bad the recession was going to be for Biglaw, Heller Ehrman collapsed. When the firm dissolved, there was a lot of fear that it would be the first of many to fold.

While a few other firms also dissolved during the recession, we didn’t have an epidemic of dissolution across Biglaw. At the end of the day, it looks like only the firms under horrendous management paid the ultimate price.

Of course, many of the people who managed these firms into the ground landed on their feet and found new, high-paying legal jobs. Many of the associates and staff didn’t fare as well. Try getting a job in this economy when you are an associate with no experience who has already been laid off. In the immortal words of Akin Gump partner Steven Pesner, “the job market is not so good right now, in case you did not know.”

Given all that these people have been through, it’s nice to be able to report on a victory for two would-be Heller associates. Heller pushed back their start date and offered them a deferral stipend. Then the firm folded, and Heller never paid out that stipend.

Now, two years later, a California court has ruled that these two members of the Lost Generation should have been given priority when Heller came apart…

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A couple of weeks ago, we reported on the public interest stipend Georgetown Law offered its recent graduates. Georgetown University Law Center gave a three month stipend of $4,000 to its recent graduates who are working for a public interest organization.

Today, we have news that GULC is extending the fellowship for an additional three months. That’s great news for GULC grads. But it’s terrible news for administrators at UCLA Law and UT Law, two schools which are hoping to knock Georgetown out of its vaunted #14 spot in next year’s U.S. News Law School Rankings. Consider GULC’s employment stats sufficiently juked.

Potentially, it’s also terrible news for part-time night students attending Georgetown. This money has to come from somewhere, and right now it looks like part-time students are helping Georgetown cover the budget…

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We’ve done a lot of coverage about deferral stipends, public interest stipends, and other direct payments to graduates who are not able to secure prime, private practice employment.

If you think about it, these programs have popped up with shocking speed. In 2007, there was no such thing as a “deferral stipend” from firms, and the public interest fellowship programs offered by schools were small and for grads who wanted to wait a little while before heading into the open arms of a private law firm. Now, these programs represent the last hope for grads who are unable to secure jobs.

With everybody trying to describe what these programs are, there’s been little time to analyze how these programs work. One aspect is particularly interesting to students considering some of these stipend options: how will the stipend be taxed.

Because each program is different, the tax situations differ wildly. So you really need to work with your career service/human resource people and figure out how your stipend will be taxed.

If you didn’t put in that work with regards to the Georgetown University Law Center post-grad public interest stipend, the taxes totally screwed up your budget…

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Sow your wild oats for a year -- and come to the firm when you're ready to work.

With apologies to Langston Hughes, we have to ask:

What happens to an associate deferred?
Does he dry up, like a raisin in the sun?
Or fester like a sore — and then run?

Run, run — away from Biglaw. That seems to be what at least some deferred associates are doing, as reported last week by the New York Times in an article about how they spent their deferral years — and how some of them aren’t returning to the well-feathered nests of private law firms when called back.

The Times interviewed two deferred associates who aren’t going back to their firms. Nathan Richardson, a 2009 graduate of the University of Chicago Law School who was deferred by Latham & Watkins, spent his year doing environmental law research at Resources for the Future — and plans to remain in public interest. Avi Singh, a 2009 graduate of Harvard Law School who was deferred by Quinn Emanuel, went off to the Santa Clara County public defender’s office in San Jose — and is staying there.

Due to deferrals, Latham and Quinn just lost the services of two bright young attorneys. And maybe, just maybe, this isn’t a bad thing — not just for these lawyers, but for their law firms….

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This was bound to happen at some point. There have been countless associates who were promised jobs at law firms. They stopped looking for other jobs in reliance on that job offer. Then during the recession they were deferred, or their offers were rescinded. They are the leading citizens of the Lost Generation.

Do they have any legal claims against their would-be employers?

Almost certainly not, but it looks like somebody is ready to try to find out. The ABA Journal reports:

A would-be associate has sued San Francisco law firm Howard, Rice, Nemerovski, Canady, Falk & Rabkin for deferring and then rescinding her job offer.

A clean test case on the issue of offer rescission? Not quite. As with most things, there’s a racial angle…

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DLA Piper recently rejoined the ranks of Biglaw firms paying a $160,000 starting salary. Welcome back to the pack. Unfortunately, some incoming associates hoping to start at DLA will have to wait quite a bit before they are able to cash in on that $160K dream. A tipster reports:

DLA Piper just told their incoming first years (i.e., the people who graduated in May 2010) about their start dates. A few months ago they told everyone that they’d either be starting in January 2011 or January 2012, but didn’t state who would be starting when, how many people they expected to start on either date, or any other specific information.

They made the calls [yesterday] and almost everyone is deferred until January 2012. They said they “expected” to give a stipend of $5k a month for pro bono work but didn’t definitively confirm anything.

Well, DLA Piper has now provided information about the situation to Above the Law. All of these kids — who summered with DLA Piper in 2009 — knew there was a possibility of getting deferred until 2012. But only half of them actually will. The rest will start relatively on-time…

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A little over a year ago, law firms came up with a unique plan to deal with the problem of too many associates and not enough work to go around: the deferral. It did not apply just to incoming associates; it was also offered up to those already at the firm who were open to a year-long sabbatical.

We know that many of you decided (or had to) seek out work in the public sector. But when the mainstream media picked up on the fact that law firms were paying their employees to go away from a year, they focused on those doing fun things, like the Skadden Sidebar associate planning a trip around the world. How many other deferred dreamers have taken the opportunity to do something offbeat?

Or something about beats. Rap Genius, a website that analyzes rap lyrics (called ingenious by Nick Antosca of the Huffington Post for its breakdown of Empire State of Mind), is the creation of a DL Pursuer. The site is now nine months old, and Mahbod Moghadam (Stanford Law ’08) is hoping it’s his escape out of law. Which would be a good thing, since Dewey & LeBeouf is having a hard time reabsorbing its DL Pursuits associates.

Moghadam is quite a character: he sent us a bizarre photo involving a carrot, he’s the ex-boyfriend of Victoria of Downtown Girls, and he convinced two Yale friends to quit their jobs (at Google and D. E. Shaw) to work with him on Rap Genius. What kind of Jedi mind tricks is this guy using?

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Shearman & Sterling is setting off some fireworks at the start of this Fourth of July weekend. It sent out a memo this morning to its deferred associates from 2009. (Remember them? They got $65,000 last year if they volunteered to go away until September 2010.)

The deferred associates expected a letter two months ago telling them about their practice groups and start dates, as well as $15,000 salary advance checks starting on June 15th. Those dates passed with no information or money. Today, the firm finally contacted them.

It has announced the start dates for these folks and they’re not in 2010. A Shearman tipster sent along the memo noting:

Here is the text from the just received memo that is f***ing me over… I am so pissed that I can’t really talk about it right now.

So what’s the deal?

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Do you remember the scene in the Amityville Horror House movie where the toilet says to the family, “Get out”? That seems to be what firms are telling incoming associates when they defer first-years until 2012.

Today, we’ve got another firm that has decided to put some of its incoming associates on the long march towards nowhere in particular. Missouri Lawyers reports:

St. Louis-based Bryan Cave is among the firms that have pushed off start dates on new associates to 2012.

The firm’s St. Louis office made 14 total offers last fall to 2010 law school graduates, but told seven of them at the time that they wouldn’t be starting until January 2012, said managing partner Peter Van Cleve. The other seven were extended offers to start in January 2011.

Remember, Bryan Cave is still trying to absorb the members of the class of 2009 — at least the ones who didn’t already take the firm’s offer to split…

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If your firm offered you a “voluntary” deferral option last year, they sure made a lot of promises. Chiefest among them was the understanding that the people who left voluntarily for a year would be able to come back to the firm and resume their Biglaw careers after the deferral.

Well, that bond is about to mature. We’ve already reported on Skadden trying to reabsorb the people who were out on Sidebar Plus. Now we’re fielding reports about Dewey & LeBoeuf trying to find space for all the people who took the DL Pursuits deferral last May. A tipster reports:

The DL Pursuits program will ends on June 1. Just this week, some number of “Pursuers” are being offered another deferral year or four months’ severance. But they are not welcome back to the firm at this time.

Dewey confirmed to Above the Law that some practice groups are slower than others and not everybody has a job waiting for them at this time. But they’re not revoking any offers…

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When it comes to deferring incoming associates, what is the new normal? A couple of months ago, we reported that Mintz Levin was deferring its class of 2010 associates to 2012. At the time, Mintz Levin didn’t reveal any information about its deferral stipend.

Today, tipsters are telling us about the Mintz Levin stipend. Let’s just say that 2010 graduates waiting for a job at Mintz Levin should strongly consider driving a cab or something. They’ll need an extra source of income to make ends meet…

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The “pro bono year” is to Biglaw what a “study abroad program” is to most American universities: a time for reflection, exposure to new things, and a more relaxed pace.

It was a necessity born of the recession. Firms did not have enough work to go around; they didn’t want to lose perfectly good employees, but they also did not want to pay them six figures to sit in their offices, twiddling their thumbs until the economy picked back up. So, instead, they offered five-figure stipends and the requirement, in some cases, that their lawyers go off and serve the public good.

This fall, many of those lawyers are heading back to their firms (though some liked being “abroad” in the public interest sector so much that they don’t plan to go back). Skadden is still trying to decide how much worth the pro bono year, or “Sidebar Plus” in Skadden parlance, brought to its associates, and thus how much to pay them upon their return.

It seems though that Skadden is unsure about the worth of Sidebar itself. Though the firm has not officially commented on it, we understand that it is discontinuing the Sidebar Plus program, apparently because work at the firm has picked up and it wants all of its associates back at the farm, plowing the billable hour fields.

What will become of the “pro bono year” for Biglaw? When we emerge from the recession, will it be left behind? Heading into the fall, some firms are still offering the year-away option to incoming associates, including generous stipends…

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We’ve received tips, texts, and phone calls about Blank Rome. As spring hurtles towards summer, the firm is letting incoming associates know that they won’t be starting any time soon. A tipster reports the firm is “rescinding” offers, but that’s not technically correct:

I just heard from a friend that Blank Rome has rescinded offers to Blank Rome 2009 associates … It’s pretty awful that a firm waited this long to finally rescind offers to its 2009 associates–and the legal gossip market ought to know about it.

Actually, the firm is not rescinding offers, it’s merely extending the deferral period for a few incoming first year associates. Indefinitely. With no expectation that the job offer will ever result in a job. And no stipend.

Yeah, I think the indefinitely deferred associates will get the point…

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Congratulations to Mr. Chuck and his co-conspirators. It appears that their efforts to exert grassroots pressure on Mayer Brown, with the goal of getting the firm to inform them of the terms of their offers, have borne fruit.

As first mentioned in the comments on our post from yesterday regarding Winston & Strawn, incoming associates at Mayer were recently informed of their offer terms. Their time in limbo is now over.

So, what are the terms of their offers?

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Last week, we took a peek inside the black box of compensation at Winston & Strawn. We also discussed stealth layoffs at the firm.

We felt our report was fairly hard-hitting. But one Winston source thinks we didn’t go far enough:

In my humble opinion, you weren’t sufficiently critical of Winston. The real message here is that many associates, including those who make their hours, are getting little to no raise because the firm is re-drawing the rules after-the-fact to ensure that it only has to pay out what it wants, and making partner is basically impossible here from now on.

Morale is shockingly low. The firm’s closest competitors like Sidley and Mayer Brown do not appear to be acting nearly as devious (though I am sure they have their bad behaviors too).

Meanwhile, some incoming associates at Winston seem anxious about their fates — and how they’re going to make ends meet while waiting to start at the firm….

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Over a year ago, Skadden announced its Sidebar Plus program. Skadden gave associates the option to take a one-year deferral, for one-third of their Skadden salary.

All indications suggest that the program was a huge success. Skadden received so many volunteers that it had to turn some people away. Skadden associates received varied and interesting experiences during their year off. And the program was heralded in the mainstream media.

Skadden associates are set to return to the firm in May. After being away from the firm for a year, what status will these returning Sidebar associates have upon their return?

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At the end of the summer, Willkie Farr & Gallagher told offerees that they would be able to start at the firm on time, in the fall of 2010. It turns out that Willkie’s promise wasn’t something intelligent law students should have relied on. Here’s the email that went out to the summer class, yesterday:

Hope everyone is enjoying this summer-like weather. We are looking forward to your return and wanted to provide you with details about arrival date, salary advance and other important matters.

Orientation Date: The orientation date for the new associate class is Wednesday, January 5th.

Salary Advance: The Firm offers a salary advance for all incoming associates. You have the option of receiving up to $20,000 (payable in any month from June to October) as an advance on your first year salary. The amount advanced will be deducted from your salary over a period of one year. If you are interested in taking an advance, please complete the attached form and return it to me.

What a breezy, matter-of-fact email communicating that you don’t intend to keep your promises. But associates headed to Willkie weren’t bothered by the tone. The substance, now that pissed them off…

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Last month, we learned that deferred lawyers got along pretty well with their temporary public interest colleagues in New York. Yesterday, the Chicago Tribune reported that public interest organizations were more than happy to have temporary talent who had their Biglaw dreams deferred for a year:

The opposite ends of Chicago’s legal profession found a way to come together out of economic necessity to partially consume the supply of highly educated young lawyers looking for work. Despite several challenges, the unusual experiment has paid dividends. It also has sparked discussions of whether a more permanent model of apprenticeships can be developed that would train law-school graduates at a lower cost and benefit public-interest legal organizations that are suffering from funding constraints while attending to a greater need because of the recession.

“We absolutely would do it again,” said Robert Acton, executive director of Cabrini Green Legal Aid, or CGLA. “It would be a very generous act on the part of law firms.”

Permanent charity from law firms? Don’t bet on it. We’ve already seen evidence that the generous deferral stipends extended to the class of 2009 are being scaled back for the class of 2010.

And really, we shouldn’t expect major American businesses like law firms to be all that charitable. It’s one thing for a firm to encourage its attorneys to take on some pro-bono cases, but really isn’t it the job of law schools to — you know — invest the resources necessary to train young lawyers?

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City Bar of New York.JPGA week and a half ago we ran a story about the culture gap between deferred associates working in public interest jobs and their full-time public interest colleagues. The news came from the City Bar of New York, which did a study of the satisfaction levels of deferred associates.
But it turns out the City Bar misread its own study. Deferred associates weren’t displeased with their public interest colleagues. Instead, they actually got along pretty well. Here’s a statement from the City Bar on what led to the error:

We have learned of an error, for which we apologize, in the interpretation of one aspect of the online survey data in the our report on the Deferred Associate Law Extern Support Project. We had reported that the deferred externs reported a lower satisfaction rating with regard to colleagues and integration into the workplace than was the case; in fact, the externs reported a high degree of satisfaction in their interactions with colleagues. Thus, the externs expressed an even more positive response to the program than was originally presented in our report. We have revised the report accordingly.

The City Bar survey asked associates to rate their colleagues on a scale of one to four. A rating of one was the highest rating, but when they interpreted the numbers, the people who made the report interpreted one as the lowest rating.
Hey, NASA lost a billion-dollar spacecraft because somebody didn’t convert numbers into the metric system. This kind of thing happens.
For clarity’s sake, we asked for the raw data….

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