The 2009-2010 Market - What It Means for Entry-Level Hiring

The national economy is in the midst of the most serious recession since the mid-1970's. Large and mid-sized law firms struggle with decreased demand, static or falling revenues and profits, and the challenges posed by the need to reduce partner and associate headcount. Law firms have been hit by two massive changes in the flow of business.

‘ First, the severe recession led to a dramatic drop in the flow of corporate and finance work. This impacted law firms on Wall Street, other major markets, and secondary markets nationally. Many firms saw utilization fall from 110% of budget to 30% - a massive change by any measure.  Associates accustomed to working 200-250 hours a month in 2006-2007 found almost nothing to do in late 2008 and early 2009.

‘ Second, litigation has always been the counter-cyclical Clydesdale - steady, large, and reliable. For years routine and bet the company litigation stoked the fires of law firms across the country. And then something happened. In the last five years the volume of complex litigation has fallen. Clients are developing sticker shock over hourly rates in general and the costs of E-discovery in particular. More than ever clients want to settle rather than fight a protracted battle that has enormous expense and uncertain results. The impact: in law firms nationally - litigators are not nearly as busy as they were 5 years ago. Partners scramble to stay busy. Associates struggle to get real responsibility on substantial matters. Law firms know they need fewer new litigation associates. This has nothing to do with the recession. And it has everything to do with a structural permanent change in the hiring calculus for firms in all markets.

All of this has a direct, immediate, and significant impact on entry-level hiring in general and summer programs in particular. In the past eighteen months scores of firms have terminated large numbers of associates and partners. Several large firms have failed. Firms have withdrawn from offices in various markets.

                        Summer associate offer rates have fallen. Over the last year most large and mid size firms have announced deferred associate start dates, furlough programs, or stipends for associates to take public interest or other positions for 6-24 months.

                        This is done to manage headcount while trying to maintain relationships with former summer associates and others who have received offers of employment.

                          Recruiting has inherent and significant delays - the student seen on campus in the Fall does not arrive as an associate for 24-30 months. Firms understand that the depth of today’s recession may be replaced by a steady healthy recovery in 2-3 years and do not want to be caught short when the next period of economic growth occurs.

                        This Fall most leading firms slashed the number of offers extended to 2L’s for next year’s summer program because of continuing uncertainty about the flow of business. Most law firms are planning for smaller summer programs in 2010 than they had in 2009. And most law firms extended lower percentages of offers at the end of the summer of 2009 than they did in the past three years.

            What does this mean for students who will be summer associates in 2010?  Higher expectations, higher risks, greater pressure, and in general a tougher environment. All is not  Bleak House by any means. The best and the brightest will fare well. Those with exceptional writing ability and people skills will succeed. But the summer associate whose performance, attitude, and commitment is substandard is highly likely to fail.

            There is good news in this sea of chaos and confusion.

First, the rising stock market and modest increases in corporate finance activity could be a reliable signal of a recovery, which will lead to more work for law firms nationally.

‘ Second, law firms are doing a far better job of managing head count than they did in 2000-2008. While this adjustment has not been pain free by any means - most firms are not over hiring  for 2L’s and 3L’s which means that there will be fewer  instances of “no offers” at the end of the Summer of 2010 than in the three previous summers.

‘ Third, compensation is resetting - but not at a dramatically lower level than in the 2005-2008 boom.

‘ Fourth lateral hiring of associates has resumed - at far lower levels than in 2005-2008 - but Lazarus has awakened from his coma. Lateral hiring of associates is a highly reliable indicator of stability and growth in entry level hiring.      

‘ Finally, many mid-level and senior corporate associates at leading firms are extremely busy - something that reflects lower headcounts and increased activity - another reliable indicator of better times ahead.

One of the empowering aspects of technology for recruiters is that it can have a tremendously positive impact on the recruiting process and the recruiter’s bottom line.  However, one of the mistakes that recruiters make is purchasing technology and then failing to use it or only using it for a short time and then abandoning it.  One of the reasons this happens is because many recruiters fail to properly integrate their new technology into their existing recruiting process.  Let’s take a look at a few tips on how recruiters can properly integrate technology into their recruiting business.

1. Understand your recruiting process and understand what is working and what is not working.  Do not try to fix things that are not broken. 
2. Understand how the new technology is designed to improve your recruiting process, specifically the areas that are the weak links in the process.
3. Make sure that the new technology will seamlessly integrate into your existing tech system before your buy the new product.  You may even want to pay the extra money to a have the product’s tech support setup the system if this will guarantee that it is integrated into your existing system.
4. Make sure that you are thoroughly trained on the new technology product and that anyone else who will be using the system is thoroughly trained.
5. Give yourself at least 90 days to adapt to the new technology before you decide to throw in the towel.  It will take at least a month to learn the new system.

At a time when many large firms are delaying the hiring of new associates and many large firm attorneys are getting the pink slip big opportunities are still available at smaller firms.  But how does an attorney tailor his job candidate pitch to the smaller market?  Below are a few tips:

1. Do your research.  Small firms are different from larger firms in that they offer many unique opportunities to talented attorneys without many of the barriers present in larger firms.  But they also require a lot more tangible investments from their hires—in other words many small firms have special needs and growth challenges.  Job candidates should find out what a small firm’s needs are and then tailor their pitch to those needs.  For example, if a small firm is thinking about expanding or adding immigration legal services, an attorney with immigration experience plus connections in immigrant communities could be especially helpful to that particular firm.
2. Don’t wait until the small firm posts their job opportunity.  Many small firms wait months after a need presents itself to post a position.  Get ahead of your competition by researching small firms in your area, identifying their needs and pitching your services to them before others get wind of the opportunity.
3. Business skills matter.  The ability of an attorney to get and keep business is invaluable to any small firm.  If an attorney wants to land a big opportunity at a small firm, expanding and then selling their business development skills and experience can give them a huge edge over the competition when applying for small firm jobs.

It’s an unfortunate reality even in the best of times; but lying on a resume is even more tempting for job seekers who hope that a little “white” lie will be just enough to give their an edge over other job candidates during a recession.  But for a recruiter, sending a job candidate with fibs on their resume to an employer can damage their reputation, so it’s in the recruiter’s best interests to makes sure that the resume is truthful.  So how does a recruiter spot a resume lie? 

One of the most common areas where a job candidate lies is in the educational history.  Maybe they have a degree; but they did not attend the University they claim they attended, or maybe they didn’t get all of the honors and awards they say they did during their college years.  One easy way to find out if they are telling the truth is to call the college and verify that they actually attended and graduated.  This will only take a few minutes.

Work history is an area of the resume which is often peppered with micro-lies which can go undetected at first glance.  Many job seekers change employment dates, position titles and even responsibilities.  The only way to find out if the candidate is stretching the truth is to call their former employer.  Ask about exact dates of employment, the official title of their position and the job candidate’s responsibilities at the former job.

Salary history is another area where job candidates stretch the truth.  While many employers refuse to discuss a former employee’s salary, if the job candidate’s experience and former responsibilities do not fit the salary, then there is a high probability that it is not accurate. Also, if a job candidate’s salary history shows a huge jump in salary from one year to the next, that should be a red flag.  If in doubt, question the job candidate about their stated salary history.

 Editors note:  Our Hot Spot picked up this related story on 5/21.  Click here to see the fall out from one attorneys 'fake' resume.  READ

Having a professional online presence is critical to the success of any recruiter.  But what are the best practices of a recruiter who wants to improve their online presence? Let’s take a look:

1. Get and maintain a professional webpage that’s easy to navigate and provides critical information about you and your services.  One of the first things a person does when they meet you is to do an online search.  What will they find?  Make sure they find a professional webpage that will answer their questions and reflect the image you want to project.
2. Start a blog and/or begin writing articles that will benefit employers, job candidates and even other recruiters.  This is a way to make people aware of your presence, remain visible and become a reliable resource that others come to for information.
3. Join a few social networking sites and keep them updated. One of the best and easiest ways to keep up with contacts so that you can develop relationships is to connect with them through a social network.  Remember, keep your personal and business social networks separate.
4. Make a habit of researching what others are saying about you and your company.  One way to do this is to do a web search of you name and/or the name of your company. If you find negative or false information about you or your company on the web, take the time to address. Negative information on the web about your company can damage your reputation.

TOUGH SENSITIVE AND CONTROVERSIAL ISSUES continued...

SEXUAL HARASSMENT: A Warning For Serial Offenders -

To those who are skeptical, you may not be paying attention. To those who are offended, I offer no apology. To those who are disturbed by my opinion, you’re welcome. To those who wonder if I am writing about their firm?  I don’t know, am I? To those who say a man and a Republican cannot understand this issue, I ask who is discriminating against whom?  

To those who say “how could you know this or prove it?”  Since 1977, I’ve interviewed, counseled, hired, or placed 10,150 law students and lawyers from schools throughout the nation who were heading to 200 of America’s most famous large and boutique firms. Every year I meet with more than 100 women lateral candidates and 150 women law students.

The volunteer their experiences and ask for advice. I listen, reflect, compare and see unmistakable patterns in human behavior within the profession. That’s the basis for my opinion. What’s the basis for yours?

To those who whistle and cat call women on the or ask them to come around their desk to “look at my documents,” I have three comments.

First, you have no idea how hard a properly trained woman can hit you - particularly if she is descended from a Marine officer who boxed competitively.

Second, if you want a supplementary lesson, come to my office. But wear your Depends or bring a mop and tell your crew they can pick you up at Northwestern Memorial Hospital in 10-14 days. Send your dental records to momma so you can be identified more easily when they sift your remains.

      Third, that wasn’t original or funny in The Seduction of Joe Tynan, and it’s not original or funny now. To the male partners who fancy themselves Masters of the Universe and DealMeisters who have been transformed by their K-1 into someone who is attractive to women - get a grip on yourself. It is not any different than the Sadie Hawkins dance30 years ago  where no girl called out your name. Without that business card in your wallet and the name on the front door of your firm you’re still the dork you were in 8^th grade. I know  it. Women know it. Both of your ex-wives do too. Consider it a professional courtesy that we’ve let you in on the secret.            And, to the law firm partner who called five years ago and offered to “teach me a lesson I won’t ever forget,” because of a woman’s accusations concerning his conduct,  I’m still waiting for you. I’ve got a 64 pack of Crayons so I can take down your advice.  You know, the one with the built in sharpener just in case you have a lot to say.

In the modern era of job hunting the magic of the internet has been seen as just that – magic.  But the truth is that the internet alone without the combination of other job hunting strategies will not secure a job seeker employment.  Below are a few other old fashioned job hunting tips you should employ to create a more rounded and more effective job search strategy:

1. Picking up the phone to connect with contacts can often have more impact than just sending them an email.  In an age where everyone is sending someone else an email calling a contact on the phone can feel more personal.
2. Meeting for coffee or lunch is often more effective when you want to create a relationship with someone who can help you find employment in the future.  The face-to-face contact can create a rapport that is more difficult to create through a Facebook or LinkedIn page.
3. Personal, handwritten thank you notes sent after an interview can help you stand out in the eyes of employers who have become accustomed to hastily written thank you emails.
4. Attending industry related conferences and exhibitions offer job seekers another opportunity to make face-to-face connections that offer more value than sending a resume through an employer’s online application.

One of the biggest fears that employers have when hiring during a downturn is that they will pick up seemingly overqualified “superstars” who will eventually leave once a better paying more prestigious position comes along.  No company wants to invest their resources in “overqualified” candidates who will only leave once the economy turns around.  So how do recruiters combat the image that their candidates are overqualified and will only be around in the short-term?

1. Don’t ignore the fact that your job candidate is in fact overqualified for the job because your client will not ignore it may very well use it as a reason to not only dismiss the possibility of the hiring the candidate but question your ability to find appropriate candidates.
2. Talk to the candidate about why they want this job even though they are clearly overqualified. Many times candidates are a looking for less challenging work especially if they are older or starting families.  Or they may be switching industries and need to start somewhere.  If the candidate has a valid reason for seeking work they are overqualified for, make sure you express that to the client.
3. Coach your job candidate so that they are prepared to address the perception that they are overqualified and not a good fit, during the interview. Even if the employers don’t bring up their perception, the job candidate should briefly and tactfully address their reasons for wanting to take the job in way that will dispel the employer’s fears.

1. Remain in the public eye.  No, that doesn’t mean appearing on reality TV shows or writing about your personal life on a personal blog; but it could mean publishing an article in a local paper or writing a column that appears on an online blog or network that targets people in your field or even consumers of legal services.
2. Publish a book.  Have you worked in your field for an extended period of time? If so, you may have enough experience to share some of your knowledge with the public.  We’re not saying to give legal advice through a book, because that would be a no-no; but you may be able to help the public understand the rights they have under the law.  And that’s just one example.
3. Get to the front of the room at conferences and workshops.  Find out how you can volunteer to speak or teach at conferences that tackle legal issues you understand. 

The above suggestions are just a few of the ways attorneys can create expert status for themselves and increase their chances of landing a job.  By engaging in these activities many employers may have an increased respect for you and your work compared with your peers and by extension may be more willing to offer you the job.

Employers are prohibited from asking job candidates certain questions.  But sometimes, because of ignorance or a misunderstanding of the law, employers will ask questions that are illegal or simply inappropriate.  So what should a job candidate do?  Below are a few sample questions and possible responses job candidates can use to make the best out of an awkward situation:

Q:  Are you a citizen of the United States? 

A: I have a right to work in the U.S. and a valid have a social security number.

Explanation:  Job candidates are not required to disclose their citizenship status to an employer; but they are required to prove they are authorized to work in the United States.

Q: What church do you attend?

A: Oh, my religious obligations won’t conflict with the work schedule.

Explanation: In their effort to accommodate all faiths some employers make the mistake of asking a job candidate about their religious background.  The only thing a candidate needs to disclose is whether or not they can commit to the work schedule.

Q: How old are you?

A:  I’m definitely well over 18 years old and even have my drivers license. (This can be said in a joking manner.)

Explanation: Employers are forbidden from asking a job candidate about their age; but when/if it does happen, candidates should just make sure they emphasize the fact that they are old enough to work.

Getting quick feedback from hiring managers can be difficult, even if the recruiter has presented the hiring manager with excellent candidates and candidates performed well during the interview process. But receiving quick feedback from a hiring manager can mean the difference between onboarding a new employee for a client or starting the recruiting process again because the candidate took another opportunity while the client was still making their decision.  Below are a few tips on how recruiters can increase their chances of getting quick feedback from hiring managers.

1. When submitting resumes to a hiring manager, try to emphasize the need for a timely response.  Let the hiring manager know that the job candidates are looking at other opportunities and try to get them to commit to responding within a certain timeframe.  For example, you may ask “Can you give me a response on these resumes within 72 hours?”
2. To increase your chances of getting quick feedback after a candidate interviews with a client, a recruiter may want to consider setting up a post-interview meeting with the hiring manager or if different, the person who interviewed the candidate.  The meeting can be done over the phone and should be done within 24 hours of the candidate’s interview.
3. In the case of group interviews, recruiters should consider polling all interviewers involved in the process within 24 to 48 hours after the interview has taken place.  This will help the recruiter gage the interview panel’s view of the candidate and could help speed the hiring decision process along. 

Having a professional online presence is critical to the success of any recruiter.  But what are the best practices of a recruiter who wants to improve their online presence? Let’s take a look:

1. Get and maintain a professional webpage that’s easy to navigate and provides critical information about you and your services.  One of the first things a person does when they meet you is to do an online search.  What will they find?  Make sure they find a professional webpage that will answer their questions and reflect the image you want to project.
2. Start a blog and/or begin writing articles that will benefit employers, job candidates and even other recruiters.  This is a way to make people aware of your presence, remain visible and become a reliable resource that others come to for information.
3. Join a few social networking sites and keep them updated. One of the best and easiest ways to keep up with contacts so that you can develop relationships is to connect with them through a social network.  Remember, keep your personal and business social networks separate.
4. Make a habit of researching what others are saying about you and your company.  One way to do this is to do a web search of you name and/or the name of your company. If you find negative or false information about you or your company on the web, take the time to address. Negative information on the web about your company can damage your reputation.

1. Do not disclose your visual disability before your face-to-face interview.  If your disability will not impede your ability to do your job, you don’t need to disclose it.  Remember, it is illegal for an employer to ask if you have a disability. On the other hand, if you require the employer to make special accommodations for the interview, you will need to disclose your disability if you want them to accommodate you.
2. While you are not required to disclose your disability to a potential employer (or recruiter) it may be advisable to discuss your disability with your recruiter. If a recruiter knows about your disability he/she may be able to place you with employers who are less likely to discriminate against you. However, this choice is completely up to you.  If you do decide to disclose your visual impairment with a recruiter, it might to be wise to do so after they have approved of your application and are interested in promoting you to employers. If you want to disclose your disability to the recruiter but not to employers, ask your recruiter to not disclose your disability to others.
3. Bring you tools of the trade with you to all interviews.  If you are visually impaired and have tools such as a magnifying glass or monocular to aid you in your work, bring those tools with you to the interview.  It will help put the employer at ease knowing that you have the tools necessary to do your job and that they may not need to spend any additional money in accommodations.

According to a recent report, only 4 out of 10 employers expect to hire new graduates this year.  That doesn’t bode well for recent law school graduates who are already facing a tight job market.  So how does a recent law school graduate overcome these dismal hiring statistics?

1. Think small.  Thinking small doesn’t necessarily mean that you diminish your dreams and goals but it means that you look at smaller markets which may be more willing to take a chance on a recent graduate.  Recent law school graduates may increase their chances of finding a job if they are willing to look at smaller, less prestigious law firms who can nonetheless offer them an opportunity to gain valuable experience and an opportunity to grow.
2. Be willing to relocate.  It’s better to be a small fish in a big pond, than a big fish in a small pond.  Recent law school graduates who are willing to cast a wider geographical net for their job search are more likely to snag a job than their more geographically limited peers. 
3. Use volunteer opportunities and internships as leverage in your career.  When volunteering or doing an internship, those experiences are not just about gaining experience, they are also about building relationships that you can leverage to obtain a job in your field of choice.  Taking the time to cultivate those volunteer and internship relationships can pay off in really big ways during your job search.

It is inevitable that the question will arise during interviews, “Why did you leave your last job?”  If you were fired for any reason it will be one of the most difficult questions during the interview.  So how does a job candidate gracefully tell an employer that they were fired from their last job?

1. Keep it brief.  Before you arrive at the interview make sure you’re prepared to provide a brief explanation as to why you were fired from your job.  Even if you were fired because of a mistake you made, fight the urge to launch into long explanations about what happened.
2. Be honest.  Whatever you do, do not fudge the truth.  Being honest about why you were fired will make a difference in how the employer perceives you.  Plus, any dishonesty can and most likely will be discovered by the employer once they call your former employer.
3. If you were fired because of a mistake you made, make sure to own up to that fact but do not linger on the mistakes you made, instead focus on how the firing was a good thing after all and what you learned from your experience.  Maybe you were ill-matched with the culture of that company which made it difficult for you to function at your optimum level.  If so, explain how you learned the importance of having a good cultural fit with any company you work for.
4. Do not bad mouth your former employer. Even if you were wrongfully terminated from your last job.  Make sure you are dispassionate about it and avoid saying negative things about what happened.

In a job market that is still swamped with many hungry and talented job candidates, recruiters need to work hard to sell their best candidates to clients who now have many options available to them.  Below are a few tips on how you can convince clients that your candidate is the best choice for their company not just today but in the long-term scheme of things.

1. Do not drag your feet when it comes to presenting job candidates to your clients.  Move as quickly as possible.  Recruiters who keep their pipe line filled with quality job candidates and have an effective process for matching candidates with the right jobs will be best positioned to quickly present clients with appropriate job candidates.
2. Do more than just present the job candidate’s resume and cover letter.  Take the time to really pitch the job candidate.  What makes them special? How do their skills and experience translate into solutions for the client?  When presenting clients with job candidate options include a short note that tells them why this job candidate is a good fit for their company.  If a job candidate was featured in the news or won an award, include this in your note.
3. Follow-up and reemphasize why this candidate is a good choice for the client. While you don’t want to be too pushy, you must not allow too much time to pass before you follow-up with the client.  You must also refresh their memory about why they should not pass up the opportunity to snag this valuable job candidate.

Tough Sensitive and Controversial Issues -continued

Sex, Romance & Reality

I strongly recommend that you not date or have an intimate personal relationship during the summer with a partner, associate, summer associate or staff member. And, do not act in a way which could be viewed as inappropriate or harassing by others. If it is true love between you and someone else it can survive a quiet summer. At best summer romances of any kind can be distracting and messy. At worst, they can put your career at risk.

Proceed with caution. And in case you believe you can “keep it quiet” - you can’t – there’s nothing like the hint of secret romance to get the gossip machine running at full tilt. Professional firms are intense and gossip-filled environments. Think Junior High School with a better cafeteria. You do not need this additional element of distraction during your summer

. I’m not a Puritan or a fundamentalist preacher studying Billy Sunday sermons in the spare time I don’t have. There’s room for romance in the work place. People in law firms get married all the time and it seems to work out as well as it does in ‘the general population.’ But as a student in a summer program there is just too much at risk to invest in a romance with an attorney. There are too many things that can go wrong and put your offer at risk. If the attraction is that strong and the romance that deep, some patience might be good for all concerned.

Sexual Harassment

Confronting and Reporting - If a lawyer or client tries to initiate a relationship, makes a pass, or takes an inappropriate interest in your career,  immediately report their conduct to the partner in charge of the summer program. Hiring partners understand the explosiveness of these problems, will treat you with respect, and act on your behalf. Do not opinion shop with colleagues or try to remedy the situation by soliciting advice from associates.

Be candid, straightforward and accurate in what you say. These are difficult situations. Invariably the summer associate feels under tremendous pressure and fears they will be ‘at risk’ if they report untoward advances. It’s difficult to deal with it as the target. But to ignore the conduct is the wrong choice.

Scope of the Problem This is tough and sensitive issue is under-reported in law firms. Women summer associates are often reluctant to report approaches by partners, associates, or clients. In all likelihood the offender  ❏  has done this before with other junior lawyers, staff, and summer associates and ❏ is artful about concealing his behavior.

The offender could be anyone from third year associate to a partner in senior management. They may deny the accusation, claim that they were misunderstood, and discourage you from taking any action. These stratagems are as old as dirt. The misconduct can be in a 1:1 setting, in a group meeting, inside or outside the office. Law firms have a far better track record of dealing with sexual harassment today than they did 10-20 years ago. But the problem is still significant.

The chronic offenders are often clever senior partners with powerful friends who for some reason believe that they will get yet another hall pass on misconduct. Their peers either live in fear of their own positions or tolerate the misconduct because they believe “oh well Bob isn’t that bad...”  Note to management: Bob is that bad - and he’s probably worse. But Bob is clever, Bob has friends, and $5mm in business, knows where the bodies are buried, and keeps a shovel in the trunk of his car. . So we don’t want to bother Bob do we?

There cannot be any tolerance for misconduct. No three strike rule. There can’t be a double standard - as there seems to be in the military - where enlisted and junior officers are keel hauled for “fraternization” but generals and admirals seem to get a perpetual hall pass. If a firm decides to ignore misconduct by its senior members it sets a standard which is as discouraging as it is offensive.

Why do I feel strongly about this subject? I’m a 56 year old white male who plays into more conservative stereotypes than most people can imagine. I’ve been a Republican since birth. I like Toby Keith, Taylor Swift, riding a horse in the mountains of Wyoming, and anything that’s been grilled. I have a picture of Dick Cheney and Gerald Ford in my office and I think Reagan should be on Mount Rushmore. I don’t get NASCAR and I  think our current President has gotten a lot of things right and he’s got my unqualified support. Don’t assume someone’s political affiliation dictates their views on this subject - or any other for that matter.

There are two reasons I feel strongly about the issue of sexual harassment in the professional work place.. First, every year I meet 1:1 with 150 women law students and associates and each year 5-10% of them tell me that they have been the victim of  harassment. The tactics are as old as dirt and highly predictable. They’re often afraid to come forward, particularly in this job market.

Second, I have a daughter who will enter the professional world in a few years and has already encountered her fair share of cat calls from construction workers and guys hanging out car windows on the streets of Chicago. She can take care of herself - big time - she spent years on the national fencing circuit, can hit harder than most men I know, and runs 50 miles a week at a speed  that 99% of the population can’t begin to match.

There’s no template for identifying individual wrongdoers or toxic environments. But a student should know that it can happen as easily in a “liberal” or a “conservative firm.” It can happen in a firm that has an adroit PR machine which obtains awards  from magazines that label it “Women Friendly” or “Family Friendly” and it can happen in the toughest culture on Wall Street. It can happen in the cold institutional mega firm or the warm boutique down the street.

Women are often - as was the case 35 years ago —  “discouraged” from taking action. They’re told that they misunderstood and that the partner “was just a little drunk and a little out of line.”  They’re summoned to meet with a management committee member who encourages them to do nothing.

The conduct is not confined to firms with a conservative tradition or image. It is seen as often in firms with allegedly great “cultures” who spend a lot of time and money cultivating their public image of generosity and equanimity.

It’s also seen in recruiting - primarily with mid level and senior associates drinking late at night while entertaining law students who have been recruited to the firm. It’s seen in the office where interviewers ask female students for a date or act suggestively or inappropriately. It’s often brushed off with “boys will be boys” or “no harm, no foul.”  That could not be further from the truth.

Of course it’s not confined to women as the victim.  Male associates have been harassed by male and female partners. But my hunch is that 90% of the victims are female associates who have been harassed by male partners. And it’s not confined to partners. Every year I hear examples of firm clients who harass women associates - and often the firm seems to be more concerned about maintaining the flow of billings than they are about their own lawyers.

In the 1994 film Disclosure, Michael Douglas plays the role of a mid-level executive in a tech company caught in a complicated romantic situation with a female senior executive played by Demi Moore. This is not a Gone With the Wind caliber movie - but it’s worth watching just for the line about the essence of sexual harassment. He said ‘It’s all about the power.”  And that’s still true today.

To be sure, enormous progress has been made since the mid 1970's.  But we are at a rest stop in a 50-100 year journey where there is no room for complacency.  Organizations, initiatives, articles, books, programs and the like have pushed law firms in the direction of progress - but some firms have done so unwillingly and insincerely. 

Some would rather wrap themselves in the glowing garb of awards than deal with Bob down the hallway.  Others believe “well we have a committee on that.” Some think you can write a check and make the problem disappear by being a “Gold Sponsor” at a benefit while not tackling the internal issue. Others believe that awarding women the title of partnership but not advancing them to the ranks of running the only committees in the firm that mean anything - operations, compensation, partnership and finance can Band Aid the problem.

Some firms game the system by not breaking down equity and non equity partner ranks for law firm surveys.  Others load up administrative committees with women partners but never dare to populate the ranks of the committees that count with a woman. Some confuse the issues of harassment and power.

My generation is just about out of the toaster in terms of initiating major structural changes. Senior management approaching retirement are rarely interested in investing large blocks of time and money in anything that has a longer-term return on investment than their own tenure in the firm. And bluntly, many men over the age of 50 have non- working spouses and just don’t know why women even want to work. Others have wives who work and they wish they did not.

     Kim Munley a woman police officer at Fort Hood Texas taught us all a lesson in courage and character when she confronted a deranged army officer trying to execute dozens of soldiers. She ran to the sound of the guns, was wounded three times, returned fire and hit the gunman four times - a remarkable feat for anyone using a handgun in combat conditions. 

            What’s the first thing she did when the gunfight stopped? She handcuffed the assailant and called for medical attention to him. Wouldn’t have been my first choice. The second thing she did was to grab her cell phone to alert the family that she’ be late picking the kids up from school.  The number of men law firm partners who could do the same and have not served in the military could comfortably fit in the trunk of my car.

            The women of your generation have all the skills and all the ambition and I’m proud to be able to watch you tackle what we could not handle.

            The race will go to the persistent, the creative, the relentless, the adventuresome - but most of all it will go to women who find, build and manage their own client relationships.  When enough women have enough business to sit down at the poker table of law firm management that’s when progress will have been made in away that will make the profession sit up and take notice.  Take the journey. Make the effort.  And don’t stop until you’ve won. 

            Here’s a guess: the wake up call that works may come from the woman CEO of a major client who pulls a $10 million relationship because she finds the conduct within your firm inconsistent with how the client insists its vendors behave.  At the end of the day all of us are vendors. Just depends what you are selling. “Bob” may be in deep quicksand.  But heck he’s an internet ranger - he’ll figure a way out.

NEXT WEEK – A WARNING FOR SERIAL OFFENDERS

Writing effective job ads is absolutely essential for effective recruiters who want good results in their recruiting efforts.  Below are a few reasons why writing effective job ads is so important for recruiters:

1.     Bad ads attract inappropriate job candidates.  If a job ad is not properly targeted at the type of job candidates the recruiter desires, then it is just a game of “Russian Roulette” that will determine what they get.  Effective recruiters make sure they understand their target job candidate and write their ad in a way that will appeal to that candidate.

2.     Bad ads make the recruiting process longer.  The longer it takes for a recruiter to find the right candidate for a client the more likely they are to lose that opportunity or future opportunities to other more effective recruiters.

3.      Bad ads waste the recruiter’s time, effort and energy.  Recruiters who have job ads which are vague and untargeted attract a lot of inappropriate resumes.  If there was some type of easy system for identifying and avoiding inappropriate candidates it wouldn’t be so bad; but the reality is that a recruiter has so wade through tons of resumes from inappropriate candidates  wasting valuable energy and time. Writing effective job ads will minimize the amount of time a recruiter wastes reading the resumes of candidates who just don’t fit what they’re looking for.

Being unemployed for more than a few months can cause any job seeker to begin losing faith in their abilities.  And in extreme cases, long-term unemployment can trigger depression and an overwhelming feeling of despair and hopelessness.  Fighting feelings of despair and hopelessness is integral to giving yourself the best chances of ending your spell of unemployment.  But how does one fight the job search blues?  Below are a few suggestions:

1. Put things into perspective.  This is a recession.  Being in a recession means that periods of unemployment will last longer than during boom times.  It is unrealistic to expect that a few months of looking for a job will turn up a hot offer.  While finding a job quickly might happen, it is not likely during a recession.
2. Set realistic and attainable goals.  Saying that you’re going to find a job in 2 months is not a realistic goal during a recession.  But saying that you will send out 20 resumes a month is a realistic and attainable goal.
3. Give yourself a break and reward for accomplishing your goals.  If you did what you said you would do during your job search then take the timed to reward yourself.  Also, don’t work so hard on your job search that you become burnt out.  Take off the weekend and create set hours where you work on your job search and when you take a break.
4. Join a job search support group and if one does not exist then create one of your own. Being with others who are also struggling with a job search will help you understand that you are not alone and will allow you to get the emotional support you need.
5. If you become depressed over your job search, seek therapy.  There are many low-cost and free counseling services in most major cities.

Social networking profiles are often the first glimpse the hiring manager will get of a potential candidate.  Don’t let the employer’s first glimpse of your online persona leave a bad impression.  Below are a few tips on what you can do to make your social networking profiles shine.

1. Always choose a professional looking picture.  Even on your private profiles such as a Facebook account for family and friends, those searching the internet can find the initial page which has your profile picture.  That picture should look professional.  You don’t need to have picture of you wearing business attire, unless you are using Facebook for business but the picture should not be too casual (i.e. a photo of you drinking or in a bathing suit).
2. Always complete your profile. Incomplete profiles can send the wrong message to employers.  Take the time to complete your profile on any social networking site you belong to or remove yourself completely if you can’t find the time or energy to complete your profile. No profile is better than an incomplete profile.
3. Treat your social networking profile as an extension of your resume or cover letter.  With that in mind, take care to use spell check, use proper grammar and use the space to sell yourself as a job candidate.
4. Your profile should also include some glowing comments from former employers.  LinkedIn has a great tool that allows users to rate a person they have worked with in the past; make sure you use that tool to your advantage.

While it might not be fair, it is a reality that many employers have prejudices against older workers, especially those over 40 years old.  So how does a recruiter sell an older candidate who is skilled, experienced but considered “over the hill” by employers who see themselves as “fresh” and “current” when they hire younger, yet more inexperienced job candidates. Below are a few tips:

1. Don’t try to under price your job candidate.  While one of the fears of employers is that older job candidates are expensive and don’t offer a fresh perspective, it is the job of the recruiter to convince them otherwise.  Instead of trying to offer a “discount” on your older job candidate, highlight the experiences and skills they have that are valuable and not available from younger job candidates.
2. When pitching a job candidate to an employer, make sure you emphasize their most recent results and experiences.  Spending time talking about job experiences that are over a few years ago can easily date your job candidate and cast them as someone who is past their prime.
3. Does your job candidate have recent educational credentials?  Make sure you bring up that fact.  Many attorneys return to school and achieve advanced degrees to enhance their career.  Emphasizing that your job candidate attended a University a year or two ago, lets the employer know that not only is your candidate up-to-date on the latest developments in their field; but that they are willing to learn and expand their skills no matter how many years of experience they already have.
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