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September 2005
By William Seaton Legal headhunters have been discussed in this column before, how their limited focus means few job seekers have access to them and how those that do should take precautions to maximize their headhunter's utility. In a larger perspective, the history of the phenomenon itself is instructive and underscores the disparity between the value headhunters bring to the hiring process and the fees they receive. While the profession itself has become more bottom-line oriented, the history of legal headhunting is a study in irrational numbers. The late 1970s saw the initial erosion of the gentlemen's profession the law once was. While law firms initially had no need of headhunters because they rarely did any lateral recruiting (remember when everyone made partner?), as competition for clients heated up, it soon followed that poaching each other's talent was fair game as well. Initially, recruiters were a convenient cover as prestigious firms didn't want to appear as predatory. They let the recruiter do the "dirty work" so they could hide behind the fiction that they were not involved. By the mid-1980s it was a brave new world of revenue-per-lawyer and profit-per-partner. This radically changed the nature of being a large firm lawyer. Partnership tracks were lengthened and then not guaranteed at all. A "book of business" became the only real job security and turnover exploded such that most big firms now see twenty-five percent of their lawyers leave each year. A once stable career path is anything but; the average lawyer will have three to four jobs in his or her first seven years of practice. This change in the nature of the law business gave rise to hundreds of headhunters, but now operating in a much more fluid labor market. Since most legal headhunters work locally, they are not so much searching for a needle in a haystack as hoping to be in the right place with the right phone call when the lawyer down the street decides it's time to look around, as he or she inevitably will. When that happens, a resume-or sometimes just a name-is sufficient to cement entitlement to a fifty or even hundred thousand dollar fee. There's a reason recruiters affectionately call their business "dialing for dollars." This is not to criticize the headhunters. Law firms pay the bills and set the prices. But while the labor market for lawyers is dramatically different than it was twenty five years ago, the price is the same at a quarter of the placed lawyer's annual income, this even though headhunters in this more fluid market serve more as an escort to the attorney's next job than they do as an executive recruiter. Will the illogic of this system change anytime soon? It's hard to say. Law firms created this phenomenon and while alternatives exist in this much more connected, information-driven age, they likely will not flourish until law firms recognize the nature of the labor in their own back yard. They created legal headhunters and then institutionalized the turnover that fuels them. One would say "stop the madness" but it is, after all, their money.
LA District Attorney's Office Increases Hiring
Increased Activity Putting Pressure on Law Firm Salaries
Lawyers Finding Their Match Within Office Walls
Dear Career Counselor:
Q: In last month's column, you wrote that "it is often appropriate to contact a law firm by email." Does this advice also apply to law students? I believe that the current generation of students is so used to email that they forego sending a more traditional letter even when they would enhance their job search by doing so. Isn't it therefore inappropriate to encourage law students to contact employers via email?
A: Dear Pam, This month's question is derived from a response I received to last month's column from the staff of the career services office of a fine southern law school. Pam's written response (and that of her colleagues) is too lengthy to reproduce here, but the essence of their position is set forth above. Given that tens of thousands of law students are returning to campus this time of year, let's address head on the question of how law students should contact prospective employers. As long term readers of this column already know, the principal challenge facing law students (and lawyers) at the beginning of a job search is: How to I get noticed in a favorable way? Generally speaking, email has certain advantages over "snail mail" in this regard. E-mail is more likely to be targeted to a decision maker, and therefore is less likely than a first-class letter to be intercepted by gatekeepers such as secretaries. Moreover, the intended recipients of email can read it at their convenience. Thus, for example, email is much more likely than "snail mail" to reach law firm partners who are traveling on business. In addition, the recipient can forward an email inquiry (and accompanying writing sample) with a click of a button, without having to go to a copier to make copies of your materials. Does this mean that law students or lawyers should always use email? Of course not. Whether email should be used to contact a prospective employer is a matter of context and content. And there are several contextual factors that strongly suggest that law students might benefit from using traditional mail more than most attorney job seekers. First, the job search process for law students is structured in such a way that many of the inherent advantages of email do not apply with full force. For example, the on-campus interview process at many schools takes place at approximately the same time of year. Law students are also more likely than more experienced attorneys to target larger employers. Such employers, whether they are law firms or governmental entities, are more likely than small law offices to have set up mechanisms to review summer associate and related applications. Thus, laws students are more likely to be targeting employers that are to some degree expecting to be hearing from them. And as Pam and her colleagues pointed out in their message to me, a well-written letter can give comfort to a prospective employer that a student understands the degree of formality that is expected of attorneys. Most law students, by virtue of their age, need to demonstrate more than their more experienced counterparts that they possess the judgment to know how to interact with clients, other attorneys, and courts. Law students are also more likely to need to address an often unspoken generational concern; the people who will decide whether to hire you are almost always older than law students, and they may worry that, as member of the "e-mail generation" you will do something wacky, like showing up at an important client meeting sporting flip flops. A formal business letter can often address that concern more effectively than email. And then there is the matter of content. Too often law students use email as simply a transmittal device. They write something along the lines of, "Enclosed please find my resume . . . ." Worse yet, some emails read as if they are a text message or were written in a chat room: "Do u have a job 4 me?" I am not suggesting that law students should always use a first-class letter to contact prospective employers. But if you are going to use an email, make it formal; in fact make it sound like a formal business letter. Indeed, as Pam's thoughtful response to last month's column shows, the professionals at your career services office can also provide useful guidance about the employment process. Ultimately, the choice of how to contact an employer is yours. But remember that your primary goal at the beginning of a search is to maximize the chance that you will be noticed in a favorable way. Sometimes a well-written business letter can help you do just that. Career Counselor's Corner questions are answered by Gideon Grunfeld, President of Successful Career Strategies, Inc. (www.scslawcareers.com), which specializes in helping lawyers take control of their careers in and outside the practice of law. You can submit questions to Mr. Grunfeld at gideon@scslawcareers.com
There is no direct connection between a lawyer's skills and the tidiness of his or her office. Some lawyers take that to mean that they can be extremely messy, throw documents on top of already-high piles and, worst case, people will see them as very busy. While they will be seen as very busy, they will also be seen with suspicious eyes by clients who wonder if some of their important documents might be in the mix and, perhaps, never be found. While you don't need to go to extremes and be without a paper on your desk, organization is important. File folders and file cabinets are a good thing. Put them to use. A little bit of effort on the organizational front not only lessens the risk of lost documents, it will save you time and make a better impression on your colleagues and clients.
Networking: What Does that Really Mean? You may have heard the word "networking" in connection with finding a job, finding a new job, developing business or as the answer to any number of things that plagues your career. The relationships you have when you enter the profession and those you build along the way are extremely valuable sources of contacts and information. Statistics are hard to provide but a good portion of jobs are still obtained the old fashioned way: by picking up the phone, writing a letter or calling on an acquaintance who helps point you in the right direction. Fortunately, the old fashioned way is supplemented with modern technologies such as EmplawyerNet's network mail and our links to Internet sites that can help you locate individuals you may need to find first before you can network with them. The "old boy" network is not exactly what we have in mind, except all of us, boys and girls, have such a network to a greater or lesser degree. The "old boy" concept connotes an inbred fraternity of ladder-climbing based on breeding and social advantage. In today's legal community, that notion is extinct, at least outside of small, family-controlled firms that make up a small part of the legal population. The competitive, business-oriented nature of today's community puts the emphasis on performance, not pedigree. What is important to your network, throughout your career, is its quality. In other words, you may have a very extensive network but it could consist of old friends, relatives, colleagues who, while important to you personally, might not be the best for your career. You must therefore give careful consideration to the makeup of your network. Write down the names of people who already in. Then think about how you would like to widen your network. What type of people, what individual people, would you like to add to your network? This is what you will need if you intend to go out and improve your network. Begin constructing your network early and maintain it throughout your career. No advice could be more solid than that everyone you meet along the way is a future resource. That being said, however, some people are more resourceful than others. Thus, you are back to focusing on the quality of your network. And think about quality in terms of opportunities for you, both in the sense of a job change but also in developing clients if you start your own business. Further, as many experts in networking will tell you, also focus on what you can do for other people within your network. The benefits you provide to others will come back to you. This seems a simple notion but it is an extremely valuable one. Your career will have many twists, turns, peaks and valleys but you will not go it alone. You will meet a great many people along the way and some will be instrumental in your development. This starts in law school. Your professors are a source of advice and information, as well as knowledge. That source does not end with graduation. Many professors maintain extensive contacts within the practice community and can thus be very helpful when looking for a job within their field of expertise. Your placement office is an obvious information source worth checking in with through your years of practice and often administrative personnel can be a valuable resource. Get to know these people. Fellow students are another source of contacts and information. Not only is it valuable to share experiences as you go through school, but after graduation, your classmates will represent contacts throughout the legal community. Thus, staying in touch with your fellow alums and attending reunions and alumni association meetings is an important way of maintaining your network. As time passes, you will be surprised by the strength of the bond forged by your alma mater. Once in practice, you will obviously meet many people, from lawyers to judges to people in business. Some of these you will work with, some you will appear before, some will be clients and some will be adversaries. All will be contacts and potentially valuable resources. When it comes to using this network in the course of a job move, give some thought to the process. Contact those people most in a position to help you in the direction you want to go. Make a list of the ten most valuable contacts and write them a letter or give them a phone call, explaining your interests and asking their advice. They can lead you to other contacts and you will be surprised at how quickly your resources will multiply. Follow up every lead. Remember, your contacts expect you to act on their suggestions. They may pave the way for you with a call of their own and you don't want to leave them in an awkward situation. Acknowledge all your leads. A brief letter of thanks will go a long ways toward ensuring your sources remain viable in the future.
You can tell a law firm by its letterhead. See what the Rodent says about that.
Who was the first Supreme Court Justice to wear a dress? No, wait -- that's too easy. It was Sandra Day O'Connor. Harder: Who was the first member of the Supreme Court to wear trousers? (answer at end of newsletter)
"That's what they told me to do in law school." --A Texas lawyer sanctioned in court for shaking his head, waving his arms in disbelief, rolling his eyes and laughing at what was being said in court
The Journal of Law and Politics If you're not political and don't like reading about the law, you might still get a kick out of this Minnesota-based publication's irreverent view of both. Trivia answer: -- Roger Taney (1836-1864). He was the first to wear trousers instead of knee breeches).
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