At the end of the summer, some students will not receive offers. If you are hit by this truck, please read this section. First, your professional career is not over. Second, the profession is full of outstanding lawyers who hit a bump in the road early in their careers. Do not conceal, mis-state or paper over the truth.
Lying about receiving an offer will be detected and may lead to suspension from school or inability to be admitted. Concocting a story that you ‘withdrew’ your name from consideration has no credibility. Face the bad news head on. That’s something excellent lawyers must do every in their practice. Papering over the truth or being obtuse does nothing to advance your career.
Do not attempt to re-litigate the issue. The firm’s decision is final. Running around seeking second opinions only makes you look immature and foolish. Try to learn why the decision was made. Most firms will give you a pretty clear explanation of why they made their decision. In a healthy economy where most firms need to expand their ranks quickly the summer associates fail because of ❏ poor work habits ❏ blowing important assignments for important clients / partners ❏ attitude and behavioral problems ❏ apparent lack of commitment to the firm, the city, or the firm’s clients / practice ❏ inability to respond to constructive criticism.
Ask if the partners who ran the summer program will, nevertheless, provide a favorable reference. This is a tough and complex area. This asks the firm to do something that is somewhat counter-intuitive. And, firms have concerns (excessive in my view) that providing a reference exposes them to risks. Obtaining a reference is critical. And, if the firm will not provide a favorable reference you still must be able to give the name of a partner with whom another employer may speak.
Perhaps the day will come when law firm X sues law firm Y for giving a bad reference about a summer associate. I suspect that when that day arises it will involve a summer associate whose behavior at both firms was atrocious, incompetent, or criminal — not just someone who did some substandard work for one or two partners.
When you are interviewed by other firms, your description of your summer experience must be brief, direct, and not hostile. The following would be appropriateI did not receive a permanent offer from Smith & Barrow. I did, however, work for a variety of partners would encourage you to call Amy Hamilton, one of the partners who ran the summer program in the corporate area. She is familiar with my work. Her direct dial number is on page 2 of my resume.You may be pressed for ‘the real reasons’ or the ‘real story.’ If the firm explained, for example, that you did not receive an offer because of negative reviews from two partners, you should acknowledge his but try to put the best foot forward
My reviews were mixed. During the summer I worked for 13 attorneys, including six partners. I think Amy Hamilton is in the best position to comment on the quality of my work and I encourage you to speak with her. If the statistics are in your favor, it would not hurt to say “I understand that Smith & Barlow gave permanent offers to only 50 percent of the summer associates.” But make certain your information is correct beforehand. Next, do not burn your bridges with angry, insolent, or immature reactions. Do not head back to campus and tar and feather your former firm. You look stupid doing that — even your best friends will tire of your tales about all the jerks at Smith & Jones — and the word will get back to your firm.
Recovery and Redemption
If the news is bad develop a strategic plan to improve your marketability. I strongly recommend the following to 3L’s and 2L’s following a ‘no offer’ decision.
• Re apply yourself in the classroom. Your remaining semesters are now far moreimportant — not only to your present job search but to your options 1-10 years down theroad.
• Join a journal, write an article, win moot court,—do anything that demonstrates energy,writing ability, and intellectual excellence. Stay away from non-graded activities which are social or administrative — focus on activities that demonstrate brainpower and hard work.
• Build your references — get to know faculty members who can provide countervailingreferences. Re-evaluate your short term career objectives — there is no harm in not beingable to join the most prestigious large law firm in a major city the day you graduate. In fact, a lot of the lateral hiring done by these firms at the 3-4 year level is of lawyers who began their careers in less famous mid-sized firms.
• Do not be unrealistic about cities. If you are targeting tight markets (Seattle, Boston, San Diego, Phoenix) what was difficult to begin with may well be impossible in the wake of a ‘no offer’ decision. Act like a trader: don’t fight the tape.
• Stay away from non-law’ courses. Employers look beyond GPA’s to course selection in evaluating how you did in school.
• Do not take ungraded electives, soft-law seminars and all the rest. The courses may well have value and be interesting to boot. But they will not help you dig out of the ‘no-offer’ hole.
• Understand that you learned valuable life and career lessons early -- that you can recover, that the opinion of one employer does not ruin a promising career, and that bad facts can be overcome with candor, persuasion, and persistence.