The statistics clearly paint this picture. According to data from the National Association for Law Placement for the class of 1993, two-thirds of the jobs in firms of 11 to 25 people were obtained before graduation. This compares with 85.4 percent and 89.4 percent of jobs obtained before graduation in firms of 51 to 100 and more than 100 attorneys, respectively. At the smaller firms, one in five jobs were obtained after graduation but before bar results, and about one in seven (13.8%) were obtained after bar results. Over half of jobs (52.2%) in very small firms were obtained after graduation, and nearly one-quarter were obtained after bar results. It was more typical for a job to be obtained after graduation in a small firm (25 attorneys or less) than for one to be obtained before graduation in a firm of more than 100 attorneys.
READ THE NEWSPAPERS
Law students are typically avid readers. But they often fail to utilize their reading skills outside of an academic environment. The newspaper is full of information beyond the employment advertisements that can steer to job leads. Educating yourself about the market in general is vital to your job search at this point. Remember, looking for a needle in a haystack isn't easy.
What to Look For
Take the time to read all kinds of newspapers-from The Wall Street Journal and National Law Journal to your local newspaper in your hometown. There are all kinds of useful information available that you probably never thought of. Remember, you're looking for information that can lead you to more information-and ultimately to identifying the needs that a firm or company may have. Your possibilities with these sources are infinite.
In Smaller Newspapers
Here are some of the things you should look for in smaller-circulation, local newspapers:
- Law firms that have promoted associates to partners (which can create an opening) or partners who have moved from one firm to another.
- Judges who have recently been appointed (which can create an opening in the judge's former firm).
- Lawsuits that have been filed by local companies. Find out who their counsel is, and contact them directly.
- Firms that appear to be in the news often. They either have a lot of work or a good marketing department, or both.
In larger newspapers and the legal press, look for the following kinds of information:
- Companies that are going public. Find out who their legal counsel is, and contact them.
- The stock market pages. Which companies are experiencing exponential growth? Which firms do these companies employ?
- Law firm mergers. While downsizing often accompanies mergers, they also create spin-off firms. Find out if spin-offs were created and if needs exist in these new, small firms.
- Keep an eye out for influential government and political figures who join firms. While often there is a lag time before these players generate large amounts of work (and the need for new associates), it may be wise to keep tabs on these firms and their future needs.
Small and medium-sized firms primarily hire when business increases and to replace departing attorneys. Usually, their needs are so small that predicting these events in advance is impossible. Also, they don't have the economic ability to hire associates who won't be fully utilized. Some firms will require that an associate be licensed (in the right jurisdiction) and ready to start work when the interview process gets under way. When they need someone, they need someone who is available almost immediately in many cases. Sometimes, though, they'll hire new associates right before the bar exam and will sometimes assist you in paying the bar fees.
Often the smaller firms fill their positions through word of mouth and professional recommendations. Sometimes the firms contact local law schools for resumes. This is where your networking skills come into play. If you have established a network in a particular area as we discussed in Chapters 2 and 8, chances are you'll find out about these openings. And occasionally these jobs appear in newspapers. Even the small firms report, however, that they often receive hundreds of resumes for just one position.
LARGE FIRMS
Large firms sometimes hire third-year students to fill needs not met from the summer program or because of attrition at or near the entry-level stage. If a large percentage of a firm's summer associates accept judicial clerkships, there may also be a need to hire third-year students. Many large firms are able to assess and identify these needs before the fall interviewing season gets under way. Often, these needs are targeted to specific work groups. For example, the labor department may need two new associates, but only one person from the summer program was interested in labor.
Openings in Specific Practice Areas
This creates a caveat for the third-year student interviewing on-campus with large firms. The student may be interested in doing corporate or tax work, but the firm's only opening is in the labor department. By stating your interests, you eliminate your chances of getting an in-house interview with the firm. Be honest with yourself, and think long-term. If you do not want to do labor work, save yourself and the firm a lot of time and expense by eliminating yourself from the start. In the long run, you will not be happy working in an area that does not interest you just to get your foot in the door.
Often, when firms have specific needs, they look for course work or work experience on a resume that may indicate an interest in a particular area. Professors are often contacted as well for recommendations. Firms also post jobs in schools that are known for their specific expertise. For example, NYU and Florida have strong tax programs, and Franklin Pierce and George Washington are known for their intellectual property programs. Many firms with needs in specific areas will concentrate on certain schools to fill these needs.
You Need Previous Summer Associate Experience
Large firms almost always look for second-year summer clerkships on third-year resumes. Many recruiting coordinators state that it is a huge red flag to see a student who failed to work in a law firm as a second-year who is attempting to work in a firm after graduation. Many will not consider, under any circumstances, a third-year student who has not already clerked for a law firm.
Some large firms also will not consider third-year students who didn't receive an offer from the previous summer's law firm employer. While this practice seems very unfair, some firms will not budge from this criterion. The good news is that there are firms that will consider students who did not receive offers. There are numerous good reasons why even very strong students do not receive summer job offers. Some well-known firms have hired such students with great success. If you are in this boat, save yourself some valuable time, and determine from the very beginning which firms have adopted this practice.
STAFF ATTORNEY POSITIONS
Another option is to work in a firm as a "staff attorney." My definition of a staff attorney is an individual who is hired by a firm for a non-partnership-track position. Firms may use the term "staff attorney" to denote different employment arrangements, so if you are considering a staff attorney position, always ask the firm to define the concept in their own terms.
Why Firms Hire Staff Attorneys
Firms hire staff attorneys for different reasons. If you're considering a staff attorney position, make sure you understand the firm's philosophy behind the practice, including the economic implications. Following are instances when it makes good sense to hire staff attorneys rather than regular "on-track" associates:
- To staff areas that may not be lucrative enough to warrant hiring an on-track associate. For example, one large regional firm has a collections practice, which exists only because several of the firm's valuable clients want and need this service. The collections practice isn't a moneymaking area for the firm—if it covers its expenses, the firm is happy. The only reason the firm maintains the practice is because some very valuable clients need and want the service. It doesn't make sense for the firm to put on-track attorneys in a practice that is unlikely to generate enough revenue to support an income partner and regular associates. But this practice area employs several associates who like their work, make good incomes, and don't have the stress of wondering whether they're going to make partner or not.
- To fill long-term temporary needs. Some cases need additional manpower for long periods of time. Large litigation cases often present the dilemma of requiring more associates for periods of two to three years. Hiring staff attorneys provides an excellent solution to this problem.
Firms hire staff attorneys through newspaper and legal publication advertisements, through advertisements in placement offices, through word of mouth, and through personnel agencies. Usually you have to go through the normal recruiting process in firms to secure staff attorney positions. Academic credentials and previous work experience are criteria for these positions, but firms are far more lenient when they hire staff attorneys. But keep in mind that there is an academic level that some firms will never drop below, no matter what. You should be realistic about your chances of getting even a staff attorney position in a large firm if your grades are low or if you attended a relatively unknown law school.
Salary and Benefits
The salary arrangements for staff attorneys vary among firms. You should expect that the salaries for entry-level staff attorney positions are lower than those of regular on-track associates. Some firms even pay staff attorneys by the hour. But when comparing staff attorney salaries to regular associate rates, keep in mind the fact that staff attorneys are less likely to put in the large amounts of overtime that the regular associates are expected to work. In that regard, staff attorney positions can be a good value for the staff associate. And you don't have the headaches and stress associated with being an on-track associate.
Many staff attorneys also receive regular benefits if they are employed for at least six months to a year and work full-time hours. Obviously, benefits vary among firms, but if you are considered a "non-temporary" employee, you'll more than likely receive health benefits and paid vacation and holidays. But never assume that you'll receive benefits. Always ask firms what perks you would receive if hired as a staff attorney.
TEMPORARY POSITIONS
Temporary attorneys are hired, often through placement agencies or temporary agencies, to fill an immediate need in a firm. Unlike staff attorneys, temporary attorneys don't receive benefits and usually remain on the personnel agency's, not the law firm's, payroll. Temporary positions are an excellent way to get your foot in the door or to gain valuable experience that will, at the very least, enhance your resume and pay your bills.
In the large metropolitan areas, there are temporary firms that specialize in the legal industry. In less urban areas, consider going through a general temporary agency that does business with law firms. These firms pay you an hourly wage, marking up your rate to the law firm to make a profit. Taxes are withheld from your check, so you don't have to worry about working as an independent contractor, which can be a hassle when filing your income taxes.
One recent law school graduate found a very good temporary position at a well-known firm through a temporary legal agency in Washington, D.C., paying him $20 an hour, even though the average temporary jobs for entry-level attorneys were paying $12 an hour. He finds the work very challenging, and the firm has committed to keeping him employed for at least nine months, perhaps even longer. He's gaining excellent experience that will look good on his resume, at the very least.
Legal temporary agencies also report that some law firms are hiring temporary associates at all levels in order to try them out before hiring. As it's becoming extremely difficult to terminate individuals in our litigious society, hiring "temp to perm" is an excellent alternative. Corporate America has been using this vehicle for years.
Some law firms sometimes hire their temporary and staff attorneys as regular associates after they have been on the job and have performed extremely well. Usually the firms aren't looking to hire associates through these vehicles, but occasionally they find an exceptional individual who would probably have been overlooked during the regular recruiting process. This isn't the norm, and you shouldn't anticipate getting into a firm this way, but occasionally this does happen.
OTHER OPTIONS
As you probably know by now, searching for a job is full-time employment in itself. But if you've been diligently looking for employment and have not been able to find it by this stage, then it may make sense, both economically and for your self-esteem, to begin looking for work in other areas. And for many, the money runs out sooner rather than later. The good news is that you still have options.
Here are some other roads you may want to consider:
- Try temporary employment, not necessarily in a law firm. This may not be ideal, and the pay is low, but working as a temporary employee helps pay the bills, gets you out into the working world, and may open some doors for you. Try to work for an agency that will place you in a law firm. Many larger firms will not hire law school grads for temporary positions because they realize that you are just trying to get your foot in the door, but others will. You never know what types of connections and contacts you may make once out in the working world.
- Try to get a clerkship outside of a law firm. You may be able to gain some valuable experience working outside of a law firm that a law firm may find very attractive. For example, gaining legislative experience in Washington can be useful for certain law firms. Working for a high-tech company may appeal to a law firm that has many clients in that area. Working in a financial environment may be helpful if you want to do corporate work. Be creative and open-minded.
- Work for the government. Working for the government may be very difficult in an age of government downsizing, but it may still be an option for you. There are government positions that law firms find very attractive. Positions at agencies such as the Securities and Exchange Commission, the Commodities Futures Trading Commission, the Commerce Department, the Internal Revenue Service, and the Treasury Department are very appealing to law firms, just to name a few. This may be your ticket, but you may have to wait a few years to enter a firm.
- Find a position outside of a law firm while you continue your job search. This option tends to rear its head once the bank account runs dry. Out of economic necessity, you may have to find employment elsewhere. If you take this route, make sure you schedule time each week to continue your law firm job search.
- Open your own firm. This is an expensive and scary option, but many people decide to hang their own shingle. Jay Foonberg, a solo practitioner and frequent public speaker, has an excellent book on this subject, which is published by the American Bar Association. If you are considering this option, read Foonberg's book first, and talk to a few solo practitioners before you make this commitment.
Many students decide to accept judicial clerkships before going to work in a law firm. While there are considerations such as salary, staying out of the law firm market for another year or two, and the ability to get a clerkship, especially in the location you want, I've never heard anyone say that accepting a judicial clerkship was anything but an excellent decision.
Law firms almost always review judicial clerkships in a positive light, and most law firms want to hire former judicial clerks. Some firms have specific criteria when hiring judicial clerks, such as they hire only from certain courts or they prefer to hire individuals who clerk for judges in jurisdictions in which they regularly practice. But the majority of judicial clerks end up finding positions they are happy with.
Firms often opt to hire judicial clerks who were former summer associates instead of "cold" judicial clerks, unless the clerk has an exceptional law school record. Some firms will hold open slots for clerks who were summer associates, even for several years if they want the candidate badly enough. One firm held a position open for three years for a candidate who obtained a master's degree and then clerked for a judge!
Maintain Your Law Firm Connections
If you're planning to accept a judicial clerkship, you should maintain contact with the firms that you clerked for during the summer or with other firms you're interested in until you receive a job offer. Once you accept an offer with a firm, make an attempt to stay in contact with them until you report to work. This can be difficult if it's going to be two or even three years before you join the firm, but remaining in close contact can only help you.
Salary and Track-to-Partnership Issues
Firms differ tremendously on their policies of granting salary and track-to-partnership credit for judicial clerks. I think that most firms give judicial clerks at minimum one year of salary and partnership credit for clerkships, and some, but not all, will give you two years credit for two-year clerkships. If this is a big issue for you, find out on the front end what a firm's policy is regarding time and salary credit for clerkships.
The more prestigious the clerkship, the more bargaining power you're going to have. Those who manage to get a supreme court or appeals court clerkship can literally write their own tickets. Supreme court clerks get huge signing bonuses, often several years of partnership and salary credit, and are vigorously sought after.
One dilLisa that firms are faced with is the economic impact of granting years of salary and partnership credit to incoming associates who have completed judicial clerkships. Students often have trouble understanding the roles economics play in firms. Billing rates are tied to salaries, rates are connected to the level and amount of work an associate receives, and the amount of work an associate completes is tied to how profitable he or she will be in the end.
As an example, if an associate is being paid $70,000, a common formula is to drop the last three zeros and bill the associate at a rate that is two and a half times that amount, or $175 per hour. If a new associate comes in and is being paid as a third-year associate from day one, his or her billing rate will more than likely reflect that. So you may find yourself as a new associate with a high salary and billing rate, with little work and even less law firm experience. And clients, in today's legal climate, are refusing to pay high rates for inexperienced associates. So don't negotiate too high or bite off more than you can chew, or you may eventually find yourself without a job.
See latest entry level attorney jobs in Washington DC area.
See the following articles for more information:
- 21 Major Interview Mistakes to Avoid at All Costs
- The Best Way to Prepare for a Job Search and Interviews
- How to Talk About Other Interviews in Your Interviews
- How to Answer the Tell Me About Yourself Interview Question
- How to Answer the Do You Have Any Questions for Me Interview Question
