Start Dates

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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We have recently covered a number of notable partner departures from O’Melveny & Myers. While some of the losses were “not undesired,” as one source put it, others were bad news for OMM.

But, in fairness to the firm, there is good news coming out of O’Melveny these days as well. Let’s discuss some of it.

First, OMM has responded to some of the partner departures with fresh leadership. Firm chairman A.B. Culvahouse remains at the helm of the ship, but several practice groups now have new heads. As recently reported by Am Law Daily, Steven Tonsfeldt is the new leader of the M&A practice group, C. Brophy Christensen and Eric Reimer will take over the corporate finance/capital markets group, and Robert Rizzi will head the tax group. Congratulations to all of them on their new posts.

Second, OMM is busy — so busy that it is calling up some of its incoming associates and asking them to come in earlier. These associates were originally given start dates in December 2011 but are now wanted in the early fall.

(By the way, we are working on a story for next week about start dates at major law firms. Feel free to send us info about your firm if you have any.)

So what specific start dates are O’Melveny’s incoming associates being offered now, and how do they feel about the change?

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A couple of weeks ago, we asked for information about start dates at large law firms. The class of 2011 keeps peppering us with emails about when they can show up for work.

Happily, we’ve been hearing that most Biglaw firms will have their incoming classes start on time, in September or October. Most of the information in the comments to our open thread reflects that news as well. The most prestigious firms seem to be starting on time. Cravath, Sullivan & Cromwell, Davis Polk, Kirkland & Ellis, and firms of that ilk will be welcoming the class of 2011 in the fall of 2011.

But our tipsters do report some notable exceptions….

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During the height of the recession in 2008 and 2009, pushing back start dates was all the rage. Biglaw firms got really creative about when they’d allow people to show up for work.

Now you’re not going to believe this, but it turns out that refusing to let people show up for work created other problems. The deferrals created a backlog of associates that Biglaw has been trying to absorb ever since. At some firms, there are still people who were supposed to be part of the class of 2010 who are waiting to start. At DLA Piper, for instance, some associates in the class of 2010 won’t be able to start until January 2012.

So where does that leave the class of 2011? If you are lucky enough to have a Biglaw job lined up for after graduation, will you be able to start on time? With a few notable exceptions, last year took us back closer to start date normalcy.

Early indications suggest that 2011 will continue that trend….

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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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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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Baker & McKenzie’s incoming class of 2009 can no longer fool themselves. If they haven’t started at the firm by now, they are never going to start.

Back in September, we reported that 12 of the 18 members of the 2009 Baker & McKenzie class still waiting to start had been re-deferred until June. At the time, Baker gave these people an ominous warning (emphasis added):

Starting in January, 5k stipend plus benefits for up to six months. at ANY time during six months, MAY get a call from b&m, have 1-2 weeks to report to work, but absent a major bump in work, not likely to happen. If after June, no call from b&m, “the relationship will end.”

Well, it’s June, and it appears that the relationship between Baker & McKenzie and 11 of the 12 re-deferred incoming associates has, in fact, ended…

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In a couple of months, the class of 2012 will embark on its quest to find an elusive Biglaw summer associate gig. But let’s not forget that many in the class of 2009 are still sitting on the sidelines, waiting to start.

Most of McDermott Will & Emery’s 2009 class has started already. But last week a few of the stragglers received some bad news. A tipster reports:

Just a heads up, McDermott Will & Emery rescinded offers to most of their deferred 2009 graduates on Wednesday via a phone call.

We reached out to MWE, and their spokespersons strongly disagree with characterization that offers to “most” of the deferred associates were rescinded….

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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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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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Incoming associates get really angry when firms rescind offers for full-time employment. As Lat said this afternoon here in the office, law students react “as if rescinding offers is like eating babies.” Incoming associates understand that the market remains tough, but these recruits still have harsh words for firms that pull offers.

We can understand the concern. Remember, during the NALP conference, Executive Director James Leipold said that he didn’t think Biglaw would be able to reabsorb all the people who have been displaced. It’s a bit like musical chairs — only if you aren’t in a seat when the music stops, you have to go into the back room and perform sexual favors for a debt-collector named Rocco.

And that’s how students feel when you rescind their offers in a timely manner. When you rescind offers at a late date … let’s just say we can incorporate all of the graphic imagery above, then add inappropriate scenes involving the mothers of rescinded offerees and goats. Recent graduates become unhinged when firms pull offers late in the season.

Well, in case some firms haven’t noticed, it’s getting pretty late in the season. Finals are upon 3Ls in some places; graduation is here in other places. People are preparing to study for the bar. This is no time for firms to get cold feet about offers relied upon in good faith.

So, we offer you this open thread. Let us know which firms are pulling offers as we head towards Memorial Day. We already know that there is some bad news for a few would-be incoming associates at Sonnenschein

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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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When we reported on the silence of Mayer Brown regarding start dates for incoming associates, I specifically mentioned that Mayer Brown’s greatest gadfly — Mr. Chuck — had nothing to do with the story. Alas, that did not stop other people from assuming that Mr. Chuck was continuing his crusade to force Mayer Brown to say something about start dates.

Never one to shy away from the limelight, Mr. Chuck decided that the fact that he wasn’t a part of the story shouldn’t preclude him from making himself part of the story. Here’s the subject line of the email he sent to all Mayer Brown incoming associates last night:

Pls, This Was Not Initiated By Me (Today’s Mayer Brown Above-The-Law Fiasco))

No, Mr. Chuck didn’t start it, but damnit he’s going to end it make sure it continues…

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Back in March, a couple of 3Ls took it upon themselves to try to pressure Mayer Brown into letting them know their start dates. You know them as “Rosencrantz and Guildenstern,” though Rosencrantz later revealed himself to be NYU 3L, Chuck Egbuonu (a.k.a. Mr. Chuck).

Chuck and his cohort were widely criticized for essentially threatening the firm with a “public relations nightmare” unless Mayer Brown told them when they could start. Eventually Mr. Chuck reported that he had spoken with Mayer Brown regarding start dates:

I just received a phone call from partners at Mayer Brown informing me that decisions are being made as we speak, and we will be informed of the decisions in a timely manner.

We published that story on March 5th. Today is April 21st. Apparently Mayer Brown’s understanding of the phrase of “timely manner” is much like the South’s comprehension of the phrase “with all deliberate speed.”

Incoming Mayer Brown associates are about to graduate and need to know where they are going in a couple of months. But Mayer Brown seems content to make their new hires wait, and wait, and wait…

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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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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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