Last week, we discussed certain considerations regarding the hiring process at small firms. In particular, we focused on the obligations of the small-firm interviewer, especially with respect to the need to prepare for the interview with the proper level of diligence. We concluded with a discussion of how critical the financial aspects of a potential hire are to a small firm, and how as a result the discussion of finances (compensation and expected contribution) may often be front-loaded in an interview for a position at a smaller firm. We pick up from there.
Once the financial aspects of the potential hire — compensation and expected contributions from the candidate — are addressed, it is also important to make sure there is a candid discussion about the candidate’s prospects for advancement. Most small firms do not have a Biglaw-style “track,” which can actually be a very attractive feature of small firms to an ambitious lawyer. Depending on the firm, hiring such ambitious young lawyers, especially if they already have some technical or business development skills, can be the right path for growth. But it is important for the interviewer to be careful, and clearly communicate the firm’s tolerance for rapid advancement, or whether advancement is even contemplated for the candidate at all. Here again, making sure there is a workable balancing of expectations on both sides is important to ensuring a worthwhile hiring process for the firm and the candidate.
Ultimately, the small-firm interviewer needs to mix in calibrated doses of humility, honesty, and a willingness to front-load discussion of financial issues in order to maximize the firm’s chances of landing the right candidate. When a firm is small, no one in the recruiting process can afford to just show up and think that they are doing right by the firm. Just as small-firm candidates need to demonstrate their fitness for the position they are interviewing for, those trusted with interviewing those candidates need to put in the effort to protect the firm’s interests.
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What about the interviewee? Hopefully, the interviewee will do their own diligence on the firm, and will arrive at the interview with clear responses on the important topics I suggest that small-firm interviewers focus on. For example, those interviewing with a small firm need to know what their compensation thresholds are, and in particular how tolerant they can be of incentive-laden compensation structures. For those coming from a Biglaw-style set salary, or even a government position, tolerance for compensation variability is often a challenge to develop. At minimum, the candidate should know what they need financially, and be prepared to have a blunt discussion of whether the economics work for the firm they are interviewing with.
Likewise, the candidate needs to have a business plan in mind, if not on paper, when they interview with a small firm. How will they contribute financially? What types of matters can they work on, and at what rates? What, if anything, will be their contribution to marketing and client development? Is there any hope of originating new business? All these questions, or variations thereto, are likely areas of inquiry from a skilled small-firm interviewer. Candidates who are unprepared to answer directly to these questions will almost assuredly be shown the door — without an offer in hand.
Finally, the candidate must be prepared to talk about their aims for advancement. The best candidates will realize that a small firm will progress people according to performance — often irrespective of class year — and will display some confidence to the interviewer that they fully expect to meet or exceed any performance expectations. At the same time, the interviewee should recognize that the absence of a set track will introduce some variability into the process, and that the interviewer will be hesitant (or unable) to provide any guarantees of promotion timing based on hypothetical results discussed at the interview.
Also critical is that the interviewee understand that it is okay (and preferred) that they display some ambition at a small-firm interview, along with a healthy dose of enthusiasm for the kind of law the firm practices. It is also important to convey some wherewithal to perform in an environment lacking unlimited resources, as most small firms simply do not have the budgets or infrastructure to allow for delegation of every administrative or routine legal task to underlings. At the same time, the interviewee should watch carefully for any hyperbole or unrealistic promises from the interviewer about financial issues or prospects of advancement as well. In short, both sides need to come prepared, and be willing participants in an adult discussion of whether the firm is the right fit for the candidate and vice versa.
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It is impossible to get every hiring decision right, even for small firms who approach hiring with extreme care. Approaching interviews the right way can help reduce the odds of a catastrophic mistake, however, thereby providing reason enough for interviewers to give the hiring process the care it deserves. Interviewers who approach hiring for their firm with a cavalier attitude should be prepared to literally pay for their mistakes, both in terms of aggravation and hard money. Firms that get it right, however, can look forward to the benefits a good employee bestows. Nothing worthwhile is easy, but nothing makes a small firm partner’s life easier than good employees. Put the work into finding them, and reward yourself with extra free time. Not a bad trade.
Please feel free to send comments or questions to me at [email protected] or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.
Earlier: Beyond Biglaw: Small-Firm Interview Tips (Part 1)
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.