Biglaw, Job Searches, Small Law Firms, Summer Associates

Beyond Biglaw: Choosing Between Summer Job Offers

Choosing between firms looking to hire you as a 2L summer associate presents some interesting challenges, as Biglaw partner turned boutique-firm founder Gaston Kroub explains.

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I thought last week’s column on OCI interviews would be enough talk about summer jobs, especially since Labor Day is fast approaching, and everyone should be doing their utmost to squeeze the last few moments of enjoyment out of this summer. But apparently that is not a luxury that OCI participants, and in particular those fortunate enough to get multiple job offers, have at the moment. In fact, I found myself advising two law students in that position this past week. Trying to offer them advice reminded me of the times when I was in a position to choose between two job offers, even as I acknowledge that choosing between firms looking to hire you as a 2L summer associate presents some interesting challenges. Not least because it is so hard to really know what a firm is like without spending time on the inside.

So let’s start by looking at some of the unique considerations that go into choosing between multiple OCI-sourced summer associate offers. First off, anyone in that position has to consider themselves fortunate, and is likely to possess the type of credentials that will make them attractive junior associates for firms upon graduation. At the same time, there is pressure to get the decision of which firm to summer at “right,” in terms of positioning oneself for an “as positive as possible” experience as a junior associate. And unlike later in one’s associate career, where the compensation disparity (even among Biglaw firms) between firms can be a major factor in determining whether to stay or leave a position, when it comes to summer associates (and first- or second-year associates), money should not be a big factor in the decision-making process. I am assuming, of course, that the firms participating in OCI tend to pay market or near-market rates, for both their summer and most-junior associates. Even if there is a slight disparity, I would argue that at such an early stage of a legal career, there are two metrics that outshine compensation when it comes to positioning oneself to continue on in the law with the greatest chances for future success.

The primary consideration, in my opinion, for potential summer associates to consider is prestige. As I explained to one of the law students who asked my opinion on which firm he should join: because law is such a saturated profession, with so much competition, and because it is so difficult to truly distinguish between good and poor lawyers, there is a fervent reliance on prestige as a means of differentiating between lawyers. Accordingly, it behooves law students to join the most prestigious firm they can as a summer associate, on the assumption that they will never make partner there anyway, and the more prestigious firm will provide them with a more varied and favorable set of exit opportunities. Just as it behooves the vast majority of law students to go to the most prestigious law school they can. Playing the prestige game can be more challenging than it looks of course, especially if one does not have a top-ten “no doubt about it” firm making an offer to them. This fellow I was talking to actually had an offer from such a firm, and even though he had hesitation about accepting it because of some nebulous concerns about being exposed to quality work, I worked hard to convince him that it was really a no-brainer to “join the club” of future alumni of one of the world’s most prestigious law firms.

At the same time, his concern about getting the right experience as a future junior (I refuse to consider summer associate experience to be valuable for anything other than learning how to behave in a law firm setting) associate was a valid one. Since he was unsure about what area he wanted to practice in, I tried to advise him that it was best to get as broad base of exposure to sophisticated work as possible, and that a prestigious general-practice firm was likely to provide at least a glimpse into an area of future focus. The calculus is different, however, for someone with a particularized skill set or interest when it comes to picking a firm to join. As a patent lawyer, I have seen firsthand how dead set on practicing patent law my science-degree-bearing compatriots have been, and for someone in that position choosing to join a summer firm with a robust patent practice could reasonably trump joining a more well-known or prestigious general practice firm without one.

Advice from others about what firm to join should be treated with caution, however, especially from more experienced lawyers who may have had dealings with a particular firm that might have influenced their estimation of the place for either good or ill. It is highly likely that any advice you receive about a firm may be quite stale, or even irrelevant, and it is important to keep that in mind when weighing your options. For example, hearing from someone that the firm you are considering has miserable attorneys in some random branch office is much less important when you are being recruited to join headquarters. Likewise, if someone wants to tell you how bad the real estate practice at the firm was “when I was trying to buy a building from one of their clients back in 1995,” you can safely ignore them when the firm has recently made some key lateral hires in that department. The best way to avoid stale or irrelevant information is to try and get information from recent summer associates at the firm you are considering, perhaps from a 3L from your school who just spent the summer there. Most recruiting departments would be happy to put you in touch with a former summer associate if you are seriously considering the firm.

While this column may have focused on the “first world” problem of choosing between two summer associate offers, the discussion is relevant to choosing between any two legal positions. At bottom, when evaluating your options you should be trying to collect as much information as possible, and taking as proactive an approach as possible to getting that information. I remember choosing, as a lowly 1L, between two courthouse internship opportunities. The first, and on the face more prestigious one, was with a federal district court judge. But I would have been relegated, as one of four interns, to assisting the law clerks with the deluge of criminal habeas corpus motions and Social Security benefit denial petitions that inundated chambers. My other option was to work directly with the law clerk of a state court trial judge, and have the ability to work on motion decisions and observe trials. It was not an easy call, but I actually made up my mind when I visited the courthouses for a second time after my interviews, and realized that for me, it was important to have as “interesting” a summer as possible, and that state court was the place for that. Did that decision stop me from becoming a federal-court litigator? Of course not. Because the most important thing to keep in mind is that no matter what you choose, you will be expected to, and should, expect from yourself that you will make the most of the opportunity. In other words, communicating your acceptance of an offer is only the start of the journey.

Earlier: Beyond Biglaw: Interviewing For A Summer Associate Position

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Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique. The firm’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at [email protected] or follow him on Twitter: @gkroub.

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