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Ed. note: This is the latest installment in a series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Jonathan Birenbaum is a Director in our New York office and focuses his practices on lateral partner, group and associate placements and client services in the New York area and Canada. Prior to joining Lateral Link, Jon, was a legal recruiter with a New York City boutique legal recruiting company where he placed associates and partners in a variety of practice areas with AmLaw, regional and boutique law firms in New York, California, New Mexico and in Toronto. Prior to his career in legal recruiting, Jon was a litigator with the City of New York, the New York State Attorney General’s Office and in private practice as a healthcare litigator with two New York City firms. Jon holds a J.D. from St. John’s University School of Law in New York and a B.A. in Political Science from the University of Wisconsin-Madison.
I started out as a legal recruiter in 2007. After success with a series of lateral associate placements, the recession hit and associate hiring slowed significantly. The owner of my recruiting firm encouraged us to start cultivating a partner portfolio to broaden the scope of our work. Since then, I have facilitated numerous lateral partner placements with regional, Am Law 200, and boutique law firms. I have come to understand that the recruiting process can differ greatly with the size of the law firm. Partner candidates and their recruiters must take these differences as well as the candidate’s scheduling and timing needs into account when devising the best search strategy for that individual.
The first partner I recruited was an undercompensated yet well-respected defense litigator. I introduced him to an Am Law 200 firm as well as to a regional firm based in Pennsylvania. My candidate appealed to both firms because of his national reputation, the key client he represented (a major North American transportation client), and his history of strong billables and collections. Both firms immediately expressed an interest in meeting with him….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
Our advice to any Mandarin speaking 2L summer associate who is interested in a future transfer or lateral US associate move to Hong Kong / China: It’s not just about corporate and other transactional practices any more. If you are more interested in litigation than transactional, don’t hesitate to choose litigation or a litigation-related practice area. There is a sharply growing need at top US firms in Hong Kong / China for laterals and transfers in US litigation (mostly FCPA / White Collar work), Anti-Trust, and Disputes / Arbitration. This is not just a trend, it’s a permanent change on the landscape. We find it exciting that Mandarin speaking JDs now have more options to choose from in positioning themselves for a future Hong Kong / China move. Feel free to contact us at email@example.com if you are a summer associate interested in Asia and have any questions about choosing a practice. It can be one of the biggest decisions you make in your career and yet one usually made without much analysis. Also, feel free to contact us if you are an associate interested in joining an FCPA / White Collar practice or Disputes practice in Asia. We have made numerous such placements in the past few years and a number of our candidates are interviewing for FCPA / White Collar positions at present in Asia.
In my article of two weeks ago, I threw out the proposition that if you are running a law firm — or a department or practice group in a law firm — the critical mission is to “attract, train, retain and inspire talent.” If you can do this, you are probably going to accomplish great things — and the converse. So the question now is, how do you do it?
Below is the best I have been able to come up with. It is (mostly) from a speech I gave at an IMN conference in 2011. (You can read the original speech here.)
First — and foremost — Talent wants to be with other talented people. They crave it in their souls. They will put up with major “not nice people” and even poor working conditions, if they are convinced that other very talented people are doing it with them in the trenches. Consider Apple and Steve Jobs. He wasn’t thought of as a nice guy; indeed, quite the opposite. But when people looked around the room, they were awed at the skill sets of those in the room with them, and boy did they want to stay in that room, in the worst way. So they put up with Jobs’s not–niceness. (Of course, I do not advocate being this way as a boss — far from it.)
Today I continue to address some of the questions that I have received from you by email. Once again, I note that these are simply my personal views on the questions presented.
1. How do law firms assess job moves on a résumé, particularly when the moves were dictated by life circumstances (such as the need to follow a spouse into a secondary legal market)?
There is an unspoken belief amongst many recruitment professionals that a candidate who has moved around too often is a problematic candidate. Whether this is true or not, recruitment professionals view a fifth-year candidate who has already been at three firms as easily discontented. The thought then becomes — why would this candidate be happy at our firm? How are we any different than his or her previous employers? While candidates are often able to explain their moves (e.g., personal circumstances), recruiters then question the depth of experience that a candidate has had to date. Is a candidate who has stayed at one firm for five years more experienced that a fifth-year associate who has moved firms three times? In my experience, employers always favor the former candidate. Partners like loyalty and depth of experience, be it actual or perceived.
2. How long after graduation should an associate remain at a less than ideal job in a secondary market before submitting a résumé to a Biglaw firm in a more desirable location, such as New York or Chicago?
What is a law firm? Unlike a lot of businesses, there are really no assets except the lawyers and (in some instances) the brand name. For most law firms — especially newer firms and start-ups — there is no brand name; that leaves the lawyers as the only assets. And for brand-name law firms, if the talent starts to leave, eventually the brand dies.
As one of my partners once said to me: “Bruce, all of the assets of this business go down the elevator every night. Your job is to get them to come back up in the morning.” He just said it casually, but it hit me strongly later on as I realized he was completely right. The entire point of running a law firm was to keep the lawyers in the firm. You can always get more clients if you lose them, but without the lawyers, you have nothing to sell and it is game over.
Accordingly, to answer the question posed at the outset as to what a law firm is…. it is a collection of lawyers who are together because they wish to be together. If they don’t wish to be together any more, then they leave, and that is the end.
I have received numerous emails from law students requesting advice about the Biglaw interview day. I once again solicited the input of other recruitment professionals in order to compile a list of the items that candidates should keep in mind on their interview day.
Please recall that, as members of the recruitment staff, we are not the individuals who conduct the interviews; rather, we hear secondhand about the reasons why a candidate is or is not advanced in the process. The following list contains our collective thoughts, but, ultimately, a candidate needs to be true to him or herself during the interview process:
I had the pleasure of spending much of last week in Seattle, for the 2014 Annual Education Conference of the Association for Legal Career Professionals (aka NALP). On Thursday afternoon, my colleague Brian Dalton and I, along with Guy Alvarez of Good2bSocial, gave a well-attended presentation on new media strategies that work.
I unfortunately had to leave the conference early to speak at another symposium (the Marquette Law conference on law clerks). But while at NALP, I did attend a number of informative panels, centered around two topics: (1) lateral hiring at law firms and (2) federal judicial clerkships.
Here are some themes that emerged from the three lateral hiring panels I attended:
There’s evidence to suggest that lateral partner hiring doesn’t always turn out well for the law firms that engage in it. Sometimes firms overpay for talent. Sometimes the talent isn’t as talented as they claimed. Sometimes firms fail to integrate lateral partners well. There are many ways for the process to go wrong.
But what about for the lateral partners themselves? Are they more satisfied with the process and their new professional homes?
Law students love to bash the staff of their law school’s career services office. Students often roll their eyes as they describe a staff, usually all female, most with law degrees, who have allegedly traded in the law firm life for a 9-to-5 job. The students often comment that the staff does nothing to help the students secure jobs. Well, I wish to share with you a harsh reality that your law school counselors may not be able to impart directly.
When a student presents to the career services office at law school for a résumé review, there is very little that the counselors can do at that point. The counselors can, of course, suggest the reordering of text and/or tighten certain job descriptions. But YOU are the one who has made certain professional choices, and the staff cannot rewrite your history. A résumé is impressive not because it is well-written; a résumé is impressive because it demonstrates curiosity, risk-taking, and a desire for depth of experience.
Ms. JD is hosting their 2nd annual cocktail benefit to raise money for the Global Education Fund. The event will be held on August 21, 2014 at 111 Minna in San Francisco. Our goal is to raise $20,000 to fund the legal educations of four dedicated law students in Uganda who count on our support to continue their studies at Makerere University during the 2014-15 academic year.
The Global Education Fund enable womens in developing countries to pursue legal educations who otherwise would not have access to further education. According to the World Bank, investment in education for girls has one of the highest rates of return to promote development. In Uganda, more than 45% of women over the age of 25 have no schooling at all, and men are more than twice as likely as women to have access to higher education. Together, we can work to end educational inequality. For more information about the program, please visit http://ms-jd.org/programs/global-education-fund/
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.