William Henderson

Promising answers to questions nobody is asking, the Buzzfeed-style personality quiz is the most virulent force in social media. Which Ryan Gosling Character Is Your Soulmate? What Type Of Chicken Tender Is Right For You? Are You Turning Into Your Mom? The silly online personality quizzes are sort of the idiot stepchildren of the Myers-Briggs Type Indicator, that test designed to distill human personality into abstract terms. (For some background on Myers-Briggs, see here.)

The MBTI and its progeny have long been used by government agencies and educational institutions, but it truly has a foothold in corporate America. The MBTI supposedly helps employers to identify potentially successful employees and job candidates to identify their strengths. From the employer’s perspective, these tools offer a chance to identify potential successful hires based on something more objective than hiring managers’ hunches and first impressions.

A recent New York Times Magazine piece detailed an ongoing movement to “revolutionize the human capital resource allocation market” through Moneyball-style, Big Data empiricism. Apparently, employers are becoming more cautious and deliberate in their interviewing processes (the average length of the interviewing period had doubled over the past five years), while at the same time employing work-force-analytics software that can make the process cheaper and more efficient. All in all, around 80% of the Fortune 500 companies practice data-driven assessment in their hiring processes.

Which brings us to the legal industry, an outlier in this “revolutionary,” data-driven recruitment landscape…

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I think his primary prescriptive advice — in essence, our problems will be cured with the passage of time — is naive and potentially dangerous to those who follow it.

– IU Law professor William Henderson, eviscerating the stupid arguments of WNEU Law professor Professor René Reich-Graefe so I don’t have to. Reich-Graefe went with the whole “lawyers are retiring” and “people need legal services” claims that appeal to prospective law students who aren’t thinking critically about the future market for legal services. If you don’t know why listening to Reich-Graefe’s wishcasting is “dangerous,” Henderson explains it all on Legal Whiteboard.

As discussed last week, I agreed to answer some questions from Professor Bill Henderson of Indiana University’s Maurer School of law in exchange for his kind agreement to be interviewed (parts 1 and 2 of that interview available here and here) for this column. This week, I conclude our exchange by answering his final three questions. In so doing, another year of writing for ATL will come to a close, and I wanted to take the opportunity to thank everyone who interacts with this column, whether as reader, commenter, interview subject, or editor. May 2014 be a year of success, health, and growth for us all.

BH: You have chided your fellow lawyers to give back to the next generation of lawyers. I certainly agree. However, between moral exhortation to do the right thing, or changing incentives within law firms, where should we focus our efforts?

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For the past two weeks, readers of this column have benefited from the insights of Professor William (Bill) Henderson of Indiana University’s Maurer School of Law regarding the current state of Biglaw. When Professor Henderson kindly acceded to being interviewed, he made a request that was both unexpected and welcome: he asked that I commit to answering a number of his questions in return.

I agreed and am pleased to present our exchange. I found his questions probing, and I have tried to answer them from a broad perspective, despite the fact that they call for some personal viewpoints that are by their nature unique to my outlook and experiences. I have answered the questions in the order presented, and have not altered them in any way. Now, I get my turn in the interviewee’s chair….

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Last week, part 1 of my written interview with Professor William (Bill) Henderson of Indiana University’s Maurer School of Law was published here. Again, I’d like to thank Professor Henderson for agreeing to this interview and for all the important work he is carrying out. As with my prior interviews, the commentary below Professor Henderson’s answers is mine alone.

AP: What current Biglaw practice do you find most disturbing?

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One of the most important voices in the academic legal community, particularly on the topic of the business of law, and Biglaw in general, is Professor William (Bill) Henderson of Indiana University’s Maurer School of Law. I personally have long admired his work, and I was very pleased when he reached out to me after he had read my column on Biglaw’s “sticky seniors” problem.

At that point, I asked him if he was willing to do a written interview, and he graciously agreed, on the condition that he later have the opportunity to ask me questions. I look forward to doing so, and in the meantime I hope you find his answers to my questions as informative as I did. I’d like to thank Professor Henderson for agreeing to this interview, and for all the important work he is carrying out. As with my prior interviews, the commentary below Professor Henderson’s answers is mine alone.

AP: You got in touch with me regarding my column on Biglaw’s issues with senior partners. What are your thoughts on the issue?

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Musical Chairs

Is lateral partner hiring a game of musical chairs that law firms can’t win? Anecdotes about unsuccessful lateral hires abound. You hear stories about high-profile partners moving from Firm A to Firm B, often lured by huge guarantees, only to leave Firm B a few years later, after failing to integrate or deliver the expected business.

And some of the most successful firms in all the land, places with immense prestige and sky-high profits, do very little lateral hiring. Their refusal to engage in the lateral market hasn’t seemed to hurt them.

When it comes to lateral hiring, should firms “just say no”? Well, that’s not what’s actually happening in the marketplace. Last year, lateral partner hiring climbed, suggesting that it must be working out — at least for some firms….

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We are going through a revolution in law with a time bomb on our admissions books. Thirty years ago if you were looking to get on the escalator to upward mobility, you went to business or law school. Today, the law school escalator is broken.

William D. Henderson, a professor of law at Indiana University (Maurer), commenting on the rigor mortis that’s quickly spreading now that everyone’s fantasies of fame and fortune in the once storied legal profession have died.

(Enough doom and gloom. What are law schools planning to do about it?)

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A 3L in a ‘law-and-blank’ class yesterday.

“One of the well-known facts about law school is it never took three years to do what we are doing; it took maybe two years at most, maybe a year-and-a-half,” Larry Kramer, the former dean of Stanford Law, said in a 2010 speech. The continuing existence of the third year of law school is generally held to be one of the basic structural defects in our current legal education model, alongside the contracted job market and soaring tuition. There have been efforts to address the problem, the latest being NYU’s announced overhaul of its third year curriculum.

Yet these attempts to redefine what the 3L year means appear to many like half-measures at best, “lipstick on a pig” at worst. As we noted back in November, Professor Bill Henderson of Indiana/Maurer has made a sweeping proposal that calls for a special new program for 3Ls by a coalition of willing law schools. The 3Ls would embark on a skills-based, teamwork-heavy course of study in partnership with law firms who agree to employ the students, albeit at a reduced rate. Also, there is a proposal currently before the New York Bar that would allow students to take the bar exam after two years. These students would not obtain a J.D. unless they return for their third year, but would be eligible for a bar card.

In assessing the NYU proposal (basically an increase in study abroad and specialty courses), Professor Kenneth Anderson argues that law schools have allowed educational incentives (i.e., learning to how to be a lawyer) and credentialing incentives (i.e., becoming an attractive job candidate) to drift apart: “The problem lies in how very, very unattractive we’ve institutionally made [students’] incentives – and the price tag attached to what is essentially a bet rather than investment. It’s a bet with many more bad payoffs than good ones.”

All the discussion and debate about the three-year law school model focuses, understandably, on the utility of that third year. We thought it would be interesting to have a look at our survey data to get a sense of how the experience of law students changes over time. The ATL Insider Survey asks law students and alumni to rate their schools in academic instruction, career counseling, financial aid advising, practical/clinical training, and social life. We wondered how, if at all, these perceptions differ between 1Ls and 3Ls….

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Greetings from San Francisco, home of the world champion Giants, surprisingly noisy trolley cars, and the faint smell of cannabis pretty much everywhere. We’re in town to attend Ark Group‘s conference on “The Brave New World of Entry-Level Recruiting,” which examines how the world of law student recruiting by firms has changed (and will continue to evolve) since the onset of the Great Recession. Moderated by Bruce MacEwen, who kicked off the proceedings by framing the day as an opportunity for “frank conversation” between schools and firms, the conference featured an absolute Murderers’ Row of industry thought leaders, including Orrick‘s Ralph Baxter, legal academia’s apostate Paul Campos, NALP’s Jim Leipold, Indiana/Maurer‘s Bill Henderson, three Biglaw hiring partners, and deans from Berkeley, Stanford, and Hastings.

Read on for some highlights and takeaways from yesterday’s conference.

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