{"id":14776,"date":"2011-09-16T17:12:40","date_gmt":"2011-09-16T22:12:40","guid":{"rendered":"http:\/\/law.marquette.edu\/facultyblog\/?p=14776"},"modified":"2011-09-16T17:12:40","modified_gmt":"2011-09-16T22:12:40","slug":"law-firms-are-not-run-like-businesses","status":"publish","type":"post","link":"https:\/\/law.marquette.edu\/facultyblog\/2011\/09\/law-firms-are-not-run-like-businesses\/","title":{"rendered":"Law Firms Are Not Run Like Businesses"},"content":{"rendered":"

\"\"<\/a>I remember my first \u201creal\u201d interview after I graduated from MULS (this phrase may explain my lack of success in OCI).\u00a0 One thing the managing attorney said to me continues to stick out in my memory, especially now that I have started my own mediation firm.\u00a0 \u201cFirms are not run like businesses.\u201d\u00a0 He stated this in relation to firms renting versus owning real estate space, but in my experience I have recognized this axiom being true in other respects as well.\u00a0 The one that has stuck out to me is that the hiring process performed by law firms does not conform to standard business practices for HR processes.<\/p>\n

Prior to opening my mediation firm, I interviewed with several potential employers as potential fits for continuing my private practice.\u00a0 I was warned that this article may make me look like a bitter unemployed attorney. Please note that I have had job offers through this process that I have turned down.\u00a0 It was after turning down bad fits that I decided to open my practice and I am very happy with my practice.\u00a0 Additionally, I have many attorney friends who are\/were seeking new employment opportunities. \u00a0These stories are collections of my experiences and those of other attorneys.<\/p>\n

\u201cWe will be in touch.\u201d<\/em><\/p>\n

When you specifically make statements that you will do something, it is important that you follow through on those promises.\u00a0 When an attorney interviews with your firm and you make an affirmative statement that you will be in touch, you should do so.<\/p>\n

It is important to note that I practice in the Green Bay-Fox Valley area, which is notably different from the big city practice in Milwaukee, Madison, and other large cities around the country.\u00a0 In a somewhat smaller legal community (although it still happens in larger legal communities), it is extremely likely that you will see repeat players.<\/p>\n

Assume that you do not follow through on your statement and fail to contact that attorney again.\u00a0 This will be remembered.\u00a0 They will find another job and you are likely to run into them again.\u00a0 What happens when you go to them for a simple discovery deadline extension?\u00a0 Or more troublesome, when you ask them to take you at your word about some portion of your case?<\/p>\n

Best practice would be to be in touch with the candidate even without the promise of contact, but if you choose not to follow the best practice, at least do not make the affirmative statement that you will contact them and then fail to do so.<\/p>\n

You are setting up potential enemies, for no reason other than the cost of a stamp.<\/p>\n

\u201cWe don\u2019t have anything available, but we could not pass up interviewing you.\u201d <\/em><\/p>\n

Really, there may be nothing wrong with this statement and it can be a nice ego boost to the attorney interviewing.\u00a0 However, the problem lies in when this revelation is made.\u00a0 Getting a resume and asking for an interview within 48-hours sends a strong signal of potential need.\u00a0 Waiting to drop the \u201cwe have nothing\u201d until 10 minutes into that swiftly scheduled interview seems to be a big misdirection and calls into question the veracity of the statement.<\/p>\n

If you really had nothing, why did you bring them in, and so quickly?\u00a0 If you really had nothing, wouldn\u2019t you tell them over the phone?\u00a0 Did the interviewee do\/say something in this interview that so offended you that the job would be pulled before the end of the interview?<\/p>\n

In reality, this may be a simple situation of \u201cwe made an offer that we were not sure would be accepted and just found out it was accepted before your interview started\u201d but the entire situation calls this into question.<\/p>\n

\u201cThis is a long process.\u201d\u00a0 <\/em><\/p>\n

Hiring should not be done on a whim.\u00a0 The process should take time.\u00a0 And in large, multi-office firms the candidate should expect the process to take significant time.\u00a0 Office needs to be discussed, candidates considered, and office politics to be played in order to create a position.<\/p>\n

When the process takes more than a standard amount of time, let the applicants know.\u00a0 I remember applying for one position and receiving a letter from the firm a month later stating that their process was going to be 4 months.\u00a0 That is long, but the fact that that firm took the time to send me the letter (a \u201cthis is where we are in the process\u201d letter) made me respect that firm even more.<\/p>\n

The alternative can be very frustrating.\u00a0 Great resume, fit with the posted position (my next point), excited to apply to the organization . . . and nothing.\u00a0 For months. \u00a0Sometimes ever.<\/p>\n

\u201cI\u2019m sorry we are actually looking for someone with a background in X.\u201d<\/em><\/p>\n

Job post says a firm is looking for someone with a background in commercial and real estate law.\u00a0 Send in the resume; get a call for an interview.\u00a0 Show up at the interview and are told, \u201cWe are actually looking for an attorney with a tax background.\u201d\u00a0 Well, had that been stated in your job posting, I would not have bothered applying.\u00a0 Now I am here, you have all cleared your schedules and I feel like I must go through with a pointless interview (in order for you not to hate me and not give me the discovery extension next time).<\/p>\n

Having a stock job description ready to post is a very time-conscious way of seeking new employees.\u00a0 However, make sure that you are posting the right job description.\u00a0 Failure to do so makes you look sloppy and unprofessional.<\/p>\n

\u201cYou are the weakest applicant, good bye.\u201d\u00a0 <\/em><\/p>\n

I was told of a pair of attorneys who applied for a single opening.\u00a0 They both were called in for a screening interview with HR.\u00a0 Both were called back for an interview with the managing attorney.\u00a0 Only one received a final interview.\u00a0 However, the firm did not bother to tell the other attorney that he was no longer being considered.\u00a0 The only reason he knew of this was because he was friends with the attorney who got asked back for the final interview.<\/p>\n

The non-interviewed attorney was vigilant with his follow ups, despite his other knowledge.\u00a0\u00a0 Only after the firm ultimately decided not to hire anyone was the non-interviewed attorney told that the posted position was cancelled.\u00a0 In fact, the non-interviewed attorney was told before the one who had the final interview (more in the next section).<\/p>\n

When a firm whittles down the pool, send the letter to the applicant to inform them that they are no longer in consideration.\u00a0 Otherwise you make people wait and wait with false hope.\u00a0 Even worse is when they know and you just have not told them yet.<\/p>\n

\u201cThe best laid plans . . .\u201d<\/em><\/p>\n

Things happen.\u00a0 Whether caused by poor planning, other internal changes, or even Mother Nature, things happen.\u00a0 The best practice is to be up-front and honest with the candidates.\u00a0 However, too often the information gets around anyway and makes your firm look like it was ill-prepared and trying to cover it up.<\/p>\n

Small, three-attorney firm has one attorney leave.\u00a0 They seek candidates and those go through the screening stated above.\u00a0 After the final interviews the managing attorney goes on a 3 week vacation that had been planned prior to the third attorney\u2019s departure, leaving only the junior attorney in the office.\u00a0 After the vacation it was realized that \u201cif one attorney can keep us afloat for 3 weeks, why do we really need 3 attorneys?\u201d\u00a0 This is a good business decision \u2013 but the rationale should be stated to the candidates (at a minimum the final interview candidates).\u00a0 Instead all candidates received a \u201cthe position will not be filled\u201d call from the HR representative.\u00a0 Months later the truth came out when talking to other people knowledgeable about the firm.\u00a0\u00a0 The truth will come out, be the one perpetuating the truth.<\/p>\n

Alternatively, a medium sized firm that has a transactional partner seeking a transactional associate.\u00a0 After several interviews and lots of communication, all communication stops from the firm.\u00a0 Almost a month later the associate candidate finally gets an email from the partner explaining that after a massive heart attack and multiple-bypass surgery she has returned to the office and has a mountain of work to get out.\u00a0 While not necessarily prompt, the honesty of the response gave the associate candidate even more respect for the partner.<\/p>\n

Conclusion for firms<\/em><\/p>\n

Whether in a large market or a small one, attorneys will see each other again.\u00a0 If not, they will at least ask their friends and colleagues about this new firm they are going against in a case.\u00a0 In this age of social media and networking \u2013 a single bad review can be disseminated to hundreds of potential employees, and maybe more importantly to potential clients, in seconds.<\/p>\n

By perpetuating the non-businesslike hiring behavior exhibited by many firms, those firms are asking for bad-will and even vengeful responses from those spurned in the hiring process.\u00a0 If firms would take a little more time to act in a businesslike manner in that process, they would garner and perpetuate good-will throughout the legal community.<\/p>\n

Conclusion for job seekers<\/em><\/p>\n

Be ready for anything.\u00a0 Sure you can get asked tough questions and even silly questions at an interview, but you need to be ready for anything during the entire process.\u00a0 Continue to act in a businesslike manner (especially if the firm is not doing the same) and remember that if a firm is not businesslike when they are hiring \u2013 they may not be businesslike when they are working.<\/p>\n","protected":false},"excerpt":{"rendered":"

I remember my first \u201creal\u201d interview after I graduated from MULS (this phrase may explain my lack of success in OCI).\u00a0 One thing the managing attorney said to me continues to stick out in my memory, especially now that I have started my own mediation firm.\u00a0 \u201cFirms are not run like businesses.\u201d\u00a0 He stated this […]<\/p>\n","protected":false},"author":117,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"ocean_post_layout":"","ocean_both_sidebars_style":"","ocean_both_sidebars_content_width":0,"ocean_both_sidebars_sidebars_width":0,"ocean_sidebar":"","ocean_second_sidebar":"","ocean_disable_margins":"enable","ocean_add_body_class":"","ocean_shortcode_before_top_bar":"","ocean_shortcode_after_top_bar":"","ocean_shortcode_before_header":"","ocean_shortcode_after_header":"","ocean_has_shortcode":"","ocean_shortcode_after_title":"","ocean_shortcode_before_footer_widgets":"","ocean_shortcode_after_footer_widgets":"","ocean_shortcode_before_footer_bottom":"","ocean_shortcode_after_footer_bottom":"","ocean_display_top_bar":"default","ocean_display_header":"default","ocean_header_style":"","ocean_center_header_left_menu":"","ocean_custom_header_template":"","ocean_custom_logo":0,"ocean_custom_retina_logo":0,"ocean_custom_logo_max_width":0,"ocean_custom_logo_tablet_max_width":0,"ocean_custom_logo_mobile_max_width":0,"ocean_custom_logo_max_height":0,"ocean_custom_logo_tablet_max_height":0,"ocean_custom_logo_mobile_max_height":0,"ocean_header_custom_menu":"","ocean_menu_typo_font_family":"","ocean_menu_typo_font_subset":"","ocean_menu_typo_font_size":0,"ocean_menu_typo_font_size_tablet":0,"ocean_menu_typo_font_size_mobile":0,"ocean_menu_typo_font_size_unit":"px","ocean_menu_typo_font_weight":"","ocean_menu_typo_font_weight_tablet":"","ocean_menu_typo_font_weight_mobile":"","ocean_menu_typo_transform":"","ocean_menu_typo_transform_tablet":"","ocean_menu_typo_transform_mobile":"","ocean_menu_typo_line_height":0,"ocean_menu_typo_line_height_tablet":0,"ocean_menu_typo_line_height_mobile":0,"ocean_menu_typo_line_height_unit":"","ocean_menu_typo_spacing":0,"ocean_menu_typo_spacing_tablet":0,"ocean_menu_typo_spacing_mobile":0,"ocean_menu_typo_spacing_unit":"","ocean_menu_link_color":"","ocean_menu_link_color_hover":"","ocean_menu_link_color_active":"","ocean_menu_link_background":"","ocean_menu_link_hover_background":"","ocean_menu_link_active_background":"","ocean_menu_social_links_bg":"","ocean_menu_social_hover_links_bg":"","ocean_menu_social_links_color":"","ocean_menu_social_hover_links_color":"","ocean_disable_title":"default","ocean_disable_heading":"default","ocean_post_title":"","ocean_post_subheading":"","ocean_post_title_style":"","ocean_post_title_background_color":"","ocean_post_title_background":0,"ocean_post_title_bg_image_position":"","ocean_post_title_bg_image_attachment":"","ocean_post_title_bg_image_repeat":"","ocean_post_title_bg_image_size":"","ocean_post_title_height":0,"ocean_post_title_bg_overlay":0.5,"ocean_post_title_bg_overlay_color":"","ocean_disable_breadcrumbs":"default","ocean_breadcrumbs_color":"","ocean_breadcrumbs_separator_color":"","ocean_breadcrumbs_links_color":"","ocean_breadcrumbs_links_hover_color":"","ocean_display_footer_widgets":"default","ocean_display_footer_bottom":"default","ocean_custom_footer_template":"","ocean_post_oembed":"","ocean_post_self_hosted_media":"","ocean_post_video_embed":"","ocean_link_format":"","ocean_link_format_target":"self","ocean_quote_format":"","ocean_quote_format_link":"post","ocean_gallery_link_images":"on","ocean_gallery_id":[],"footnotes":""},"categories":[36,122],"tags":[],"class_list":["post-14776","post","type-post","status-publish","format-standard","hentry","category-legal-practice","category-public","entry"],"_links":{"self":[{"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/posts\/14776","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/users\/117"}],"replies":[{"embeddable":true,"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/comments?post=14776"}],"version-history":[{"count":0,"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/posts\/14776\/revisions"}],"wp:attachment":[{"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/media?parent=14776"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/categories?post=14776"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/law.marquette.edu\/facultyblog\/wp-json\/wp\/v2\/tags?post=14776"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}