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?
For the past twoweeks, 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….
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?
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?
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….
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.
“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….
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.
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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