Gridlines Newsletter

Advice on the legal job search and trends in the legal market.

The Lateral Associate Recruiting Timeline

Recently, a lateral associate candidate that is thinking about a strategic firm move sometime this year asked if I could send them a timeline for the recruiting process. They wanted to know each step of the way: what happens first, what happens last and what happens in between. Our conversation made me realize that this type of information could be helpful for any associate considering a lateral move.

If this is your first time moving to another law firm since OCI, you're unlikely to know all the steps in a lateral recruiting process.

Here is a typical timeline for making a lateral associate move:

1. You and your recruiter have an introductory conversation (by phone, over Zoom or in-person) about goals and objectives. Why do you want to move? Do you want to relocate or have more remote flexibility? What is your practice experience? What are your practice goals? What are your advancement goals? It's important to be as honest as possible in this conversation. Your recruiter should be able to give you some initial information on the state of the market and what firm opportunities are out there.

2. From this conversation, your recruiter should be able to create a list of opportunities that match your goals. For my candidates, I usually develop this list in a shareable spreadsheet that includes important pieces of information related to the candidate goals (see my previous piece on data that recruiters should provide).

3. Once you have discussed opportunities, your recruiter will submit your resume and unofficial law transcript to firms of your choosing. (If necessary, the recruiter may assist with the preparation of a formal cover letter requested for the position.)

4. The recruiter will then keep you updated on any word back from the firm(s). I will usually do a check-in with a firm if I hear nothing after a week. It could take up to a couple of weeks to hear something back from a potential firm employer. Once it gets past a couple of weeks, it's usually a "pass," but not always.

5. If a firm is interested, they will likely set up a screening interview. This is usually with a partner in the group, sometimes two. It takes 30-60 minutes. Since the start of the pandemic, all of these screening interviews have been remote by videoconference. It's possible now that some firms may ask for an in-person screening interview.

4. If the firm remains interested after the screener, they will invite for a full round of interviews. As of the writing of this article, firms are still doing this round of interviews over Zoom/video.  This full round is usually with a mix of partners and associates over the course of 2-3 hours. Sometimes the full round of interviews is with all partners and they save associates for another "fit-based" round.

5. If the interview rounds are complete and a firm wants to extend an offer, they will do so by phone first and then follow up with a written offer letter. The offer will typically be open for 2 weeks. If there are any points in the offer that you wish to negotiate, you and your recruiter will discuss and do that during this period.

6. If you accept an offer with a firm, you do so in written form by email. You then complete and submit a background check form / employment application and a conflicts form.

7. Once you have background check and conflicts clearance, (usually around 2 weeks after you submit these form), you then provide notice to your current firm.  

8. Once you know your last day with that firm, you set up a mutually agreed upon start date with the new firm.

The total timeframe of the lateral associate hiring process is very specific to an individual. But at a minimum, it takes at least 6 weeks from submission of a candidate to start date at a new firm. There is flexibility in this timeline for associates to control the timing of the process. Make sure to discuss this with your recruiter in more specificity before you get started with submissions and interviews.

Are You Getting the Right Data for Your Lateral Associate Move?

Information is power.

This is especially the case when you are considering a lateral associate move to another large law firm. As I stated in a previous article, you always want to make sure that if you are making a lateral move, you are doing so with real purpose. You want to lateral to a new firm that will offer a real change and meets your short or long-term career goals. To this end, it is important to have good data and information about potential opportunities and new firm employers.

When I work with lateral associate candidates, I offer to create a detailed spreadsheet of opportunities that includes as much information and data as possible.

Below are important pieces of data that I share with candidates so they can make good decisions regarding applications and, hopefully, offers:

  1. Details on the nature of the position. Information about the specific associate need is an important first piece of information. Is there are an actual position opening or would your recruiter be submitting to a firm "opportunistically"? How long has any position been open? Has it been open before? If so, how frequently? Has the group for this position been growing or shrinking? All of these questions are important for determining the urgency of the opening. In other words, will you miss a chance at a firm that hires infrequently if you don't act quickly or do you have some time to decide? This information also helps manage expectations in terms of how quickly a firm may get back to you regarding your candidacy.

  2. Details on the practice group and need. A job description can tell you a lot about the qualifications and experience necessary for an open associate position, but it does not tell you the whole story. Extra data and information may be necessary to understand the strength of your match to the position and group. Are there are open positions in the group? What types of candidates have they hired recently? What are the experience profiles of other lateral associates in the group? All of this is information that a recruiter should be able to provide to you.

  3. Salary and bonus information. In the last year, there has been so much movement and change in associate salary and bonus amounts. This information is not as lock step and consistent as it used to be. Your recruiter should be able to collate the most up-to-date data on both of these items so you have an understanding of what you might be losing (or gaining) in terms of compensation if you make a lateral move.

  4. Demographics. How many women are in the group? How many persons of color are equity partners at the firm? What does the LGBTQ+ presence at the firm look like? These types of questions are rightly important to lots of associates looking to make a lateral move. They want to make sure there are advancement and mentorship opportunities that match their backgrounds. And of course, candidates also want to make sure they will feel a real sense of inclusion at their new firm employer.

  5. Timeline to partnership. Many large law firms will now say there is no exact number of years that it will take to make partner. The process has become more complicated and extended with positions like counsel and non-equity partner used as possible stepping stones. This is where data can be very helpful. Who was made partner recently at the firm and how long did it take them? Did any of them lateral from another firm? If so, how many and when?

  6. Specific transition opportunities to in-house and government. Many associates look to make a lateral move for the purpose of a stronger platform for in-house and government opportunities down the road. But what do these opportunities actually look like? Your recruiter should be able to pull information about specific in-house and government employers that have hired associates from a potential firm employer.

If there are other pieces of information or data that you need about a potential firm employer, ask your recruiter! Even if there is not a way to provide data upfront, they should still be able to give you an honest answer. It's your career and you're entitled to have the information you need to make a decision about an application to a new firm, let alone a firm offer.

Should You Lateral? Pt. 3: Litigation Associates

Litigation groups at BigLaw firms do not typically hire nearly as many lateral associates as transactional groups. However, as of the posting of this article, there are nearly 1,000 open litigation associate positions at AmLaw 200 firms (according to Firm Prospects). Like openings in other practices, these positions are more varied and flexible than associate openings at BigLaw firms have ever been in the past.

But if you're a litigation associate at a BigLaw firm, how do you decide whether a lateral move is right?

Here are some reasons to consider laterally as a litigation associate:

  1. To sharpen your litigation practice focus. In my experience, this is probably the most popular reason for litigation associates to make a move. Most BigLaw firms start their litigation associates as "generalists" in their disputes or litigation groups. As time goes on, some firms retain this generalist approach while others have their litigation associates specialize in certain areas like white collar defense, employment or commercial litigation. If you are at a firm that takes a long-term generalist approach, it may make sense to move to one where you can specialize. This will be a particularly helpful move for certain types of in-house or government opportunities that you may consider later in your career.

  2. To get more trial experience. For many BigLaw litigation associates, much of their time is not spent in or near a courtroom of any kind. Instead, the focus is on the discovery process, pleadings and working towards a settlement to avoid trial. Therefore, if you want to be the type of litigator where you advocate for clients in the courtroom and make oral arguments, a lateral move might make a lot of sense. Litigation boutiques in particular can offer this type of experience for litigation associates and many boutiques like to hire attorneys who are trained at the large BigLaw firms.

  3. To shift your practice beyond traditional litigation. There are many firm opportunities out there right now that appreciate the experience that litigation associates bring to the table, but they offer a type of practice that is different from traditional litigation. Examples include restructuring openings for bankruptcy litigators; technology transactions roles for IP litigators; securities regulatory openings for white collar litigators; and data privacy and crypto regulatory associate positions for tech industry litigators. These types of opportunities may or may not exist at your current firm.

  4. To strengthen your candidacy for competitive government positions. A lot of litigators at BigLaw firms look ahead to opportunities at government employers like the USDOJ and state attorney general offices. Major government prosecution offices like to hire from BigLaw firms because of the level of training and experience that BigLaw associates receive. However, given the level of interest in these openings, these employers can also be very picky about who they hire for their openings. (Their retention rates are quite high.) Therefore, a lateral move to a firm with a stronger reputation or deeper connections to certain government offices may make a lot of sense.

  5. To increase your chances for partnership. Take a look at your BigLaw firm's recent partnership class announcement. What percentage of the new partners are litigators? Is it much less than the percentage of litigators at the firm as a whole? It is very hard to make partner at a BigLaw firm. But it can be especially hard for litigators. The receivables at many BigLaw firms lean heavily towards the transactional practice, and this trend is accelerating. As a result, in order to be in the best position possible to make partner as a litigator, a lateral move may be necessary to a firm with a larger and/or stronger litigation practice.

  6. To get more flexibility in terms of where and when you are working. Litigation groups have not been as flexible in terms of remote work and hybrid work setups as other practice groups. Particularly if the practice is courtroom-facing, it can be difficult for partners in the group to make a good business cases to allow their associates to be remote. However, during the pandemic, this started to change. For litigation groups that do not involve much (or any) trial work, a remote or hybrid arrangement is very possible. You just have to be at the right firm in the right group with the right opportunity for it to be possible.

  7. To change the types of people with whom you work with and for. BigLaw litigation practice groups have very distinct personalities firm-to-firm (and sometimes within a firm). When a case is active, the demands are high. Different partners and attorneys react in different ways to the high-pressure nature of an active case. If you feel as though you are not meshing with the attorneys in your current litigation practice, a lateral move may make sense.

  8. To relocate. A final common reason to make a lateral move is to relocate. Even if your firm has an office in your new destination, will that office be right for your litigation practice? Maybe the firm will allow you to relocate even if there are no litigators in the new office, but maybe you would rather work with your team in person and on the ground. That means that you should make a lateral move. For example, maybe you started at your firm's DC office and they are willing to let you relocate to Boston to be closer to family. But the Boston office of this particular firm does not have any litigators. If you are shifting your career in the long-term to Boston, it probably makes sense to move to a firm that has litigators in Boston.

Should You Lateral? Pt. 2: M&A Associates

The need for Mergers & Acquisitions associates is as high now as it is for any type of transactional associate - this is across all major markets and experience levels. The volume of M&A deals recently hit an all-time annual high, and the year is not even over yet. Firms in New York, Boston, the Bay Area, Los Angeles, Chicago and more all need M&A associates to assist on transactions across all industries, particularly in the technology industry.

But if you're an M&A associate at a BigLaw firm, how do you decide whether a lateral move to another M&A practice is worth it?

Here are some reasons to consider lateralling as an M&A associate:

  1. To change the type of clients that you represent. Are you representing tech companies, life sciences companies, energy companies, financial institutions, or others? Or a mix? Sponsor-side, bank-side or company-side? Or a mix of that? There is so much variety in the client representation of a BigLaw M&A associate depending on the group and firm at which you work. At the same time, the experience of being an "M&A deal lawyer" can be transferred across practice types and client industries. So, for example, if you are someone who primarily represents sponsors in private equity deals, but you eventually want to work towards becoming a corporate in-house lawyer for a tech or life sciences company, a lateral move might make a lot of sense.

  2. To change the types of M&A deals that you work on. In addition to client variety, there is also a lot of variety in M&A deal types. For example, in NY there are still lots of attorneys that work on large public company deals - the kind of deal that requires a lot of diligence and public disclosure and can take many years. Others, especially in markets like the Bay Area, are working on tech and life sciences deals that concern the purchase of smaller private companies by more established large ones. And then many others are focused purely on the world of "leveraged buy-outs" which is connected to the private equity world and their use of lending to buy companies of all different industries. As you get more senior at a particular firm, you may find a type of M&A that interests you and suits you. A lateral move may be necessary to make this shift.

  3. To change the types of people with whom you work with and for. M&A practice has a reputation for being a "pressure cooker" of a practice with high stakes and high demands. Some M&A attorneys and practice thrive and build on the fast pace and intensity of their deal work where others take a slower, more measured approach to their deal practice. If you are working on mid-market M&A transactions, but want to work on big high-intensity deals, a lateral move might make sense. Or if you're working with a high-pressure group, but want to work more with colleagues who will slow down and take more time to mentor and instruct, a different kind of lateral move makes sense.

  4. To shift your experience beyond traditional M&A. The explosion in "SPAC IPO" transactions in recent years has created a type of deal that crosses traditional M&A and capital markets practices. Yet, M&A associates at some firms are not working in a meaningful way on these types of transactions because they fall under the capital markets group instead. Another firm, however, may appreciate and desire your M&A experience for their growing and active SPAC IPO practice. This is just one example of a situation where your existing firm's structure makes it difficult to expand or shift your type of practice and a lateral move might be necessary.

  5. To be able to work from home or remotely. As timeframes start to settle in the new year for coming back to the office, a firm's openness to remote work for its associates will probably continue to depend on the office, the practice, the working group and the individual associate theirself. Because of the high demand for M&A associates at this moment, now is a good time to consider opportunities at firms that will be on the more flexible end with regard to your working arrangement.

  6. To relocate (even if your firm has an office in your new destination). A common reason to make a lateral move is to relocate. Even if your firm has an office in your new destination, will that office be right for your M&A practice? Maybe the firm will allow you to relocate even if there are no M&A attorneys in the new office, but maybe you would rather work with your team in person and on the ground. That means that you should make a lateral move. For example, maybe you started at your firm's New York office and they are willing to let you relocate to DC to be closer to family. But the DC office of this particular firm does not have any M&A associates. If you are shifting your career in the long-term to DC, it probably makes sense to move to a firm that has an M&A presence in that new market.

Should You Lateral? Pt. 1: Capital Markets Associates

Since the explosion in SPAC IPOs (special purpose acquisition companies) in the last year or two, the need for experienced capital markets associates at BigLaw firms has been constant. Law firms cannot find enough associates who have experience advising companies and their financiers on how to raise capital from the public markets. This is especially true in the big transactional law markets like New York, Boston and the Bay Area as well as Texas and Chicago. At the same time, because of this talent shortage, it is not uncommon for BigLaw associates currently working in a busy capital markets practice to be on track for billing 2,500 hours or more this year (same as last year, and possibly for years before).

So if you're a capital markets BigLaw associate and you think about lateralling to another firm, how do you know it will be worth the move?

Here are some reasons to consider lateralling as a capital markets associate:

  1. To move to a firm with a cap markets practice that has more attorney support. BigLaw firms are not equal when it comes to the number of associates working in certain practice groups, as well as the partner-to-associate ratio. When it comes to capital markets groups in particular, maybe the firm keeps the group lean and only staffed by attorneys with cap markets-specific experience. Other firms, will more easily allow for cross-staffing when cap markets deal flow is especially high, whether through adjacent corporate practice groups or other offices. Additionally, the number of attorneys working on the cap markets team is important. How many are there? Are there enough associates at the different experience levels? Are there partner and counsel who take an active role in helping to run the deals? If the support is not right at your current firm and you are consistently billing extraordinarily high hours, it may be time for a move.

  2. To create better prospects for partnership. BigLaw firms are also not equal in their paths for partnership. Capital markets is one of the most profitable practices in any major law firm. The fees collected from a SPAC IPO or a major debt offering can be a big part of an entire firm's revenue and profits per partner. If you're an associate developing strong expertise in a profitable practice like cap markets, you want to make sure a path to partnership is viable. For some firms, this path is very clear with important landmarks and dates laid out clearly; for others, not as much - you may look at your current firm's recent partner classes and feel like you don't have transparency on how elevated cap markets partners got to where they are.

  3. To create a stronger or different platform for going in-house. Of course, making partner is not for everybody. Like other corporate associates, you may be looking down the line to make an eventual in-house move. However, cap markets experience is not as easily transferrable to in-house jobs as you might think. If you're in New York City, the financial industry in-house possibilities are strong and if you're in the Bay Area, there are lots of companies in "growth mode" that could use the counsel of an experienced cap markets attorney. However, if you're in New York practicing cap markets and want to make a move to a large tech company, for example, your experience advising financial industry clients can sometimes be a hurdle. By lateralling to a firm that does more "company side" work in their cap markets practice, you can open up your in-house opportunities for later on.

  4. To obtain more flexibility for working from home or remotely. The return to work policies for law firms continue to be in a state of flux. In addition, as timeframes start to settle in the new year for coming back to the office, a firm's openness to remote work for its associates will probably continue to depend on the office, the practice, the working group and the individual associate theirself. Because of the high demand for capital markets associates at this moment, now is a good time to consider opportunities at firms that will be on the more flexible end with regard to your working arrangement.

  5. To relocate (even if your firm has an office in your new destination). A common reason to make a lateral move is to relocate. Even if your firm has an office in your new destination, will that office be right for your capital markets practice? Maybe the firm will allow you to relocate even if there are no cap markets attorneys in the new office, but maybe you would rather work with your team in person and on the ground. That means that you should make a lateral move. In Boston, for example, a lot of the capital markets practices are integrated into larger corporate M&A and private equity deal practices. If you're coming from New York, it may make sense to move to one of these firms that are on the ground in Boston which better reflect the nature of corporate work in that market.

5 Tips for Picking the Best Lateral Opportunity as a BigLaw Associate

"The grass is not always greener on the other side."

During these busy times for lateralling as a BigLaw associate, this can get lost as you get into the weeds of a lateral firm search. An associate should only make a lateral move to another firm that meets that associate's goals for making a move in the first place. When I work with lateral candidates, I always start with a goals discussion by phone or Zoom in order to have a full and nuanced understanding of the candidate's interest in making a lateral move. From that point, I prepare a detailed and interactive Excel/Google spreadsheet that identifies all current opportunities and responds to any questions from the candidate. Applications are then submitted only after these two steps are complete.

To ensure that you make a lateral move that meets your intended goals, here are 5 important tips to keep in mind:

  1. Only have your recruiter apply to positions that meet your lateral goals. This seems straightforward, but this is not always the case. Your recruiter may tell you about opportunities that have short-terms deadlines, for example; an opportunity has been open for awhile and there may be concern that the firm is getting to the end of their application period. However, this urgency is irrelevant if the opportunity does not meet at least some of your application goals. Associates make a lateral move for lots of different reasons - I've talked to associates about everything from a change in client industry reputation to the firm's vacation & leave policy. Where possible, your recruiter should be able to shed light on how specific firms accommodate some or all of these reasons.

  2. Discuss with your recruiter how to time your applications. As discussed above, associate openings can have quick deadlines for getting an application in. Other firms may have a rolling or open-ended needs and may not be as quick to move forward with any one particular candidate. Your recruiter should walk through these timeline considerations with you in specificity. It's very unlikely to have your application timing line up in a perfect way where you can consider all options during the same timeline. But your recruiter should do their best to set a timeline that suits your lateralling goals. Where possible, you don't want to miss out on the perfect opportunity because you decided to settle for a good one.

  3. Use interviews to ask about the future and goals of the practice and the firm. Attorneys, particularly partners, like to be asked about the future of their firm and the practice in which they work. You should feel comfortable asking specific and informed questions related to these topics throughout the interview process. It will also help you evaluate whether the firm and opportunity are a good fit for you - are the stated goals clear? do attorneys seem motivated and excited when they talk about the future of the firm? do they discuss how someone like you fits into the long-term future of the practice?

  4. Save your most prying questions for after the interview process. Recruiters can provide a lot of information about opportunities ahead of time, but they won't have all of the answers. Lots of associates, for example, rightly want to know about how the team at a potential new law firm operates - are they focused on in-person face time?, are they reasonable with deadline?, etc. These questions are important, but should be saved for the end of the process. The focus of the interviews is about making sure you are a match for the firm and the position. When and if an offer comes through, consider going back to associates you met or even reaching out to people who left to get a better sense of team dynamics. (And of course, rely on your recruiter for helping formulate this approach.)

  5. Don't be afraid to say no or stop the process with a particular firm. Nobody wants you to lateral to a position that you don't want. Not the recruiter. Not the firm. But the inertia of the process, and oftentimes, the pressure from a recruiter, can make you feel like you have to keep it moving forward. All attorneys (including you!) are especially busy and it is not worth it to waste time on an opportunity that you are not excited about.

mccannjason1 .Lateralling, Advice
Becoming a Fully (or Mostly) Remote BigLaw Associate

Returning to the office is getting tricky. Many BigLaw firms made announcements earlier in the year for a full or partial return to their office this fall. But that return has become complicated due to the Delta variant and lack of an approved COVID vaccine for children. Return-to-office dates are getting delayed. And then delayed again. And then delayed indefinitely. Sometimes the decisions are made last minute. Sometimes with a warning. Like other professional work environments, BigLaw firms are trying to do the best that they can with a mix of evolving science as well as changing CDC, state and local guidelines.

At the same time, many associates are in different personal and geographic situations than they were a year and a half ago when full-time remote work began. I have talked to NYC associates that have relocated to a house with more space in Upstate NY and want to be able to spend more time there. I have talked to others who have completely relocated to places as different as Florida and Idaho in order to be closer to aging parents, taking advantage of the remote flexibility. A lot of associates can't (or don't want to) return to their offices even part-time, let alone full-time.

Fortunately, now is a good time to think about a fully remote (or mostly remote), especially if you are a corporate or transactional associate in BigLaw. I first wrote about this topic in an article that I posted in May. But the ability to work remotely at a BigLaw firm for good has evolved in different ways even since the Spring of 2021:

  1. Firms have started to differentiate themselves more clearly about return-to-office and remote work policies. (Above The Law has an ongoing tracker on this topic, last updated in mid-August.) Some firms are "strongly encouraging" a return-to-office at some point. Other firms are making it clear that remote work environments will always be part of their future. Lots of firms are somewhere in between. However, even without full clarity, more firms are giving associates at least some visibility about the firm's openness to remote associates.

  2. The urgent need for associate talent (especially corporate associates) has only strengthened since the spring. Since the start of the year, the need for experienced capital markets in particular has been exceptionally strong at BigLaw firms. Now, more firms have equally urgent needs in their other key practice areas including private equity, M&A and finance, as well as some specialized non-corporate practice areas. This urgent need for talent has encouraged some firms to be very flexible on working arrangements for new associate hires in more practice areas.

  3. More firms have overcome potential hurdles to allowing associates to work remotely for good. Since the start of the pandemic, the ABA has released two different opinions on the remote practice of law. These opinions have given firms comfort in setting up remote work arrangements. But there are other issues of concern besides the authorized practice of law: State income tax issues; Allowing some associates to work remotely, but not others; Triaging time zone differences. As more law firms have investigated and evaluated these issues and concerns, more law firms have gotten comfortable with more remote associates.

  4. Most importantly, more associates have a stronger understanding of whether or not they need or want a remote situation. Many people who relocated during the pandemic did so with a temporary intention. For some, it is still considered temporary. Maybe, for example, they have a significant other who is a teacher or in another profession that will very likely require a return to working in-person. For others, a temporary situation has become something they want to turn permanent. They are enjoying a better cost of living or proximity to extended family. These associates might need to make a change.

In short, working as a remote BigLaw associate has never been more possible, but it still remains complicated. Not every firm or every practice at a firm will allow for a remote associate hire. Firms need to feel comfortable that an associate hired to work remotely will do so successfully. In the interview process, associate candidates need to be able to prove that they will fully engage with their team members and supervisors. In order to do this successfully, it's important to work with a recruiter that will prepare you accordingly.

mccannjason1 .Advice, Lateralling
Differentiating BigLaw Corporate Associate Positions

Right now, there are over 2,500 open corporate and banking associate positions at AmLaw 200 firms, according to data collected by Firm Prospects. These positions run the gamut from capital markets, M&A, private equity, funds, different types of finance, securitization and different combinations in between. Before you start a lateral search and/or geographic relocation, it is important to work with a recruiter that can differentiate corporate associate openings and make sure the openings match your goals.

Is the corporate associate position truly for a "generalist"?

Most corporate associate openings are for a particular specialty. This is even the case for junior associate roles at firms whose current 1st/2nd years are in a more generalist corporate program before they have to specify. Oftentimes though, a posting can appear more open-ended or general than it actually is with language as brief and succinct as "looking for corporate associate with 2-3 years of experience at a peer firm." However, a broad posting rarely means you will have the opportunity to be a corporate generalist. Even very large BigLaw firm offices will not have a need for lateral talent in every corporate specialty. Right now, the biggest demand by far is for capital markets talent. This is almost certain to be part of your practice for firms with "general" corporate openings that have capital markets teams.

What clients will you be representing as a corporate associate at the new firm?

With some exceptions, corporate associate openings are rarely clear about the client industries that are primarily represented. This is often because the attorneys represent a mix of industries. But what is the breadth and spread of that mix? In capital markets, for example, there are practices that focus on "company-side" work (meaning the company raising the capital) and others that focus more on "bank-side" work (meaning the financial institution backing and/or selling the capital raise). If there's a singular industry focus like tech companies or health care, this will often be noted. But it's rare that an opening will give a full breakout when the representation is a mix. This is where a recruiter should be helpful.

Is the corporate associate opening flexible when it comes to experience level?

When I speak to associates looking to lateral who have started to look at open positions, they will tell me that they did not consider certain firms because they saw openings and the experience level did not match. They were either too junior or too senior. But lots of firms can be flexible about the level of experience - sometimes very flexible. Others will not be at all. This is where a recruiter's understanding of the particular firm and their hiring practices is important.

How quickly will the firm hire someone for a particular corporate associate opening?

This is probably the question with the most variability when it comes to corporate associate openings that are out there now, and also one where a recruiter can come in very handy. Generally speaking, the speed of a firm in filling a corporate position depends on how busy they are. The busier and the more positions that are open, the quicker they will act. But this is not universal. While most associate positions involve a screening interview and then a large callback interview round, this is not the case everywhere. Your interviews may be shorter and staggered. Additionally, the need can be urgent at the start of an application and then slow down in the middle or towards the end. Timing is also impacted by the administrative recruiting staff and the priority level of the associate opening compared to others. All firm recruiters are incredibly busy right now and they are trying to balance a lot of needs at once.

Most importantly, does your existing experience match the corporate associate opening?

This is where a good recruiter can be the most helpful. When it comes to corporate associate openings, the specifics of your experience matter. For example, say that a firm has posted a need for a "4th-6th year M&A associate." Your background has been in exactly that. You have represented companies in both the acquisition and sale of other companies. But, maybe that experience has been largely focused on public companies. This particular M&A practice, however, is private equity focused with most of the lawyers in the group representing private equity firm "sponsors" in leveraged finance acquisitions. Some of the nuts and bolts of the deals is the same. But the specifics are not. Additionally, the firm is looking for someone at the mid-level to more senior-level range. In all likelihood, they will want to hire someone with private equity focused M&A experience at or near this experience level, so this is not a position to prioritize.

I was a corporate BigLaw associate before I became a legal career advisor and recruiter. My online bio categorized me as "corporate finance associate," but my day-to-day work was more complicated. The majority of my billable hours were spent on capital markets transactions for public insurance companies. I also did a good amount of securities regulation and insurance industry specific regulatory work. But when we hired lateral associates into the practice, capital markets experience was paramount. The industry experience mattered less. None of this was obvious from just online job postings or website information. You needed to know the need, the practice AND the team members.

The same is true when you are a corporate associate today looking to make a lateral move. Although the number of openings right now is high, most of these will not be the right fit. Consider working with a recruiter that will understand the intersection of your experience, the firm needs and, most importantly, your goals.

Lateral Associate Bonuses: An FAQ

Lateral associate hiring at BigLaw firms across the country is at an unprecedented level and the competition for talent is tight. But the financial incentives that firms provide to lateral associates who receive an offer can vary quite a bit.

When it comes to signing bonus amounts and making associates "whole" on both year-end and special bonuses, several factors are at play:

  1. Whether the firm matches the pay structure of the firm you are departing

  2. Whether the practice area and/or specific opening is especially busy

  3. What types of internal policies the firm has on bonus incentives and whether exceptions are made to these policies

  4. What is the fiscal calendar and the billable hours period for the firm (January to December? October to November? etc.) and when are their bonus payout dates

  5. How strong and well-credentialed is the candidate in question

Here are answers to some FAQs about lateral associates and bonuses.

Will my new firm automatically "make me whole" for my year end bonus and any special bonuses if I leave my firm before I receive them?

Right now, typically. Most BigLaw firms that pay at the top of the market will "make associates whole" for any same-year bonuses they will lose by leaving their current firm. This includes both the year-end bonus and any special or COVID bonuses that firms have been paying out (provided both your current and new firm have announced they are doing this.)

The most common way that firms make candidates "whole" is to say that if you meet the new firm's hours requirements on a pro-rated basis (given your start date and their fiscal calendar), then they will pay out your full bonuses. But review your offer letter carefully on this pointSome firms may only promise a pro-rated bonus based on pro-rated hours. Other firms may have additional conditions for receiving the bonus.

I've heard that firms are giving out $100,000 signing bonuses. Is this true?

Very few BigLaw firms are offering signing bonuses this high, and for very few positions. The typical signing bonus range is more in the $0-$30,000 range. And if the signing bonus is higher, it's usually part of the firm's way of covering any lost bonus that you are giving up from your old firm. The very high signing bonuses are reserved for candidates at a handful of firms for really difficult to fill openings (capital markets associates in New York, for example).

Should I negotiate higher bonuses than what is provided in the offer letter?

It depends. Most BigLaw firms at the top of the market will include some form of bonus amount or coverage in initial offer letter. Work with your recruiter to discuss the firm's approach and policy to bonuses and what your goals are for any bonus negotiation. First, make sure the language is clear and understandable. Some offer letters can include a series of math problems and/or ambiguous language. You may be reading the letter differently from the firm and a small language change or clarification may be satisfactory.

Is my recruiter incentivized to get me a higher bonus? Will they get paid more if I get paid more?

Typically, no. Most fee agreements that recruiters have with BigLaw firms provide a fee to a recruiter for a successful placement as a percentage of the candidate's base compensation alone. So your bonus amounts do not typically factor into the recruiter's compensation.

If I do negotiated my bonus amounts, who should do it? Me or my recruiter?

It depends. Your recruiter can work with the firm's internal recruiter on bonus terms and questions. But in negotiating the amounts, it may be better for you to negotiate directly with the firm. This is especially the case when there has been one main partner contact for your interview and offer process. You may have developed a close relationship and be more successful in a negotiation if you do so with that partner directly. In other cases, you may not have a person like this in your hiring process and the recruiter can be more involved. Either way, I suggest consulting your recruiter before you start any negotiation process.

Do I risk getting my offer pulled if I try to negotiate on my bonus?

No, as long as you negotiate in a respectful and reasonable manner. Make sure your requests are clear and based in logic. Try to consolidate your bonus negotiation into a single phone conversation (NOT email). But the saying "You don't ask, you don't get" is applicable here. The period between receiving your offer and accepting it is the best time to negotiate any kind of compensation issue. You may not have another chance to do that as an associate.

Leaving Your BigLaw Firm for a Permanent Remote Associate Position

More and more BigLaw firms are announcing their return-to-work plans. Some are asking associates to ease into coming back to the office over the summer. Others are approaching the return more gradually, allowing attorneys to come back at some point this year or early 2022. And a few have explicitly announced that they will allow attorneys to always work remote at least a few days a week.

But all of the major BigLaw firms have one thing in common: They want you back in the office at least a couple days a week.

However, what if you relocated during the pandemic and want to stay working remotely? Maybe you work for a New York BigLaw firm, but want to stay close to family in Phoenix. Or you're at a Bay Area tech firm, but moved with some friends to a place like Sun Valley, Idaho and are considering staying there.

There are options for you.

With lateral associate hiring at a peak, some BigLaw firms are hiring for permanent remote associate positionsNegotiating this kind of arrangement requires the right background, good timing, some luck and a well-informed recruiter who will match you with the right firm and position.

The pandemic has revealed that associates can be quite productive working remotely full-time. Some associates and firms had their most productive years ever in 2020. So the firms know it can be done. The question is when and how will firms allow for a permanent remote arrangement.

Here are some key considerations for lateralling to a permanent remote associate position:

Hard-to-fill associate positions offer the most flexibility, especially in hot practice areas like capital markets, executive compensation, finance and highly-specialized regulatory work. The lateral associate hiring market is definitely the busiest it has been in years. But some hiring is more active than others. And this largely depends on the practice area. Because of the hot SPAC IPO market, capital markets practices need many more associates than they currently have. Practices like executive compensation and finance have been understaffed with talent since pre-pandemic times. And for certain regulatory practices for industries like finance, health care and technology, firms are looking for a "needle in a haystack" candidate with the right experience. In all of these practice areas, it is more likely that a firm will consider a permanent remote associate hire.

"Cross-office" firms and practices are much more likely to be open to permanent remote arrangements. Increasingly, you will see BigLaw associate position openings listed across several or all offices of the firm. This is likely because the team for the relevant practice area is spread out anyway, so the firm does not care where the associate sits. (This can also be the case even when the position is listed in only one place, but you will need to a rely on a recruiter that knows the background of the group and need.) When a team is spread across multiple offices like this, the firm is more likely to be open to a permanent remote arrangement. Since the team is used to working with people they don't see all the time anyway, it can be an easy adjustment to work with someone who is remote from their home.

Firms with existing flexible frameworks will be more supportive of remote arrangements. Before the pandemic, a movement was building for BigLaw firms to create more "flex" options for their associates: Adjusted hours; Work-from-home allowances; Partial-remote arrangements. Some firms were far along with these options when the pandemic started. Others were not. It goes without saying that the more precedent a firm has with flexible work arrangements, the more likely they will consider a permanent remote one.

It helps if the firm has an office in the state or city where you plan to work remotely (and that you are barred in that state as well). Firms can be skittish about remote work arrangements when they don't have an office in the city or state where you plan to work. There are bar admission, tax and employment law considerations when a firm hires someone to work from a place where they do not have an office. The tax and employment law issues can be surmountable, depending on internal firm policies. But the bar admission issue is a little thornier and is beholden to the individual bar requirements at the state level.

When requesting a permanent remote arrangement, your recruiter needs to ask upfront. When considering a lateral move, there are certain things that make sense to negotiate during the interview process or post-offer phase like bonuses and relocation expenses. This is not the case with a permanent remote arrangement. Your recruiter should ask this upfront firm-by-firm.

Remote arrangements are possible, but I expect they will get much more competitive as the year goes on. I have spoken to many associates who are thinking about it, but want to see how their firm's return-to-work timeline works out. By the time they are asked to go back into the office, it may be too late to find a remote position.

Moving to Law Firms in Boston

The Boston BigLaw legal market is booming. There are more associate openings that there are qualified attorneys to fill them. So if you're a BigLaw associate that has been thinking about moving to Boston, now is the time.

Law firms in Boston cover lots of different practice areas, with much of the work driven by industries like financial services, technology and life sciences. Although Boston is not one of the largest cities population-wise in the country, it is one of the largest legal markets. This is because these key industries in Boston demand a lot of different types of transactional, regulatory and dispute-related legal services.

For BigLaw associates who are considering moving to Boston, I have created a FREE attorney relocation guide. The guide provides an overview of all the things that an associate needs to think about if they are looking at law firms in Boston including: practice area demands, specific firms, compensation trends, bar admission and attorney culture, as well as practical considerations for a geographic relocation. Here is an excerpt:

Much like New York and the Bay Area, the demand for lateral associates in the Boston legal market is highest in corporate and transactional practices. The needs within corporate work are fairly specialized, tied to the key industries and corporate entities in the city. Below are the most in-demand practice areas...

The pandemic has put geographic relocation on the minds of a lot of BigLaw associates. Some are moving back to their homes from when they are younger. Others are looking at the ideal places to start or raise families. Boston is a city that offers the charm, culture and comfort of living in New England with a very sophisticated and well-compensated legal market.

In order to make a successful geographic move as a BigLaw associate, you need a legal recruiter with an expert understanding of all the factors and complications. This includes issues regarding bar admission requirements, transferring and selling your specific practice, relocation costs and expenses. As a full-service recruiter and career advisor, I create detailed search lists for my candidates and assist each candidate on every step in the search: detailed and tailored material review, applications, interview preparation and offer evaluation and negotiation.

To start, download my Boston relocation guide and if you or someone you know needs advice on making a lateral move, please reach out to me at Gridline Search + Consulting.

Legal Recruiter Communication 101

When I speak with BigLaw associates thinking about a lateral firm move, they often don't know what it is like to work with a recruiter. Maybe they have responded to a couple cold calls or messages on specific positions. But it's rare that they've worked with a single legal recruiter on a strategic lateral move or relocation.

It goes without saying, but understanding how to communicate with your legal recruiter is essential.

Clear communication can be the difference between getting a position of interest or getting noting at all.

Here are my essential tips:

  1. Start your conversation with a recruiter by telling them your career and job search goals. I start every interaction with a BigLaw associate considering a lateral move with a 15-30 minute phone or Zoom conversation to discuss job search goals. Why is the associate looking to move? What types of employers are of interest and in what order of priority? What types of practice does the associate have and what are they interested in changing/shifting (if anything)? What are the associate's reputation and compensation goals? What are the geographic bounds? In order to be helpful, it's important to know the scope and boundaries of the associate's search.

  2. Make sure the recruiter will be helpful in the type of job search you want to do. Recruiters cannot effectively assist every BigLaw associate on every move that they are trying to do. Recruiters are paid by employers to fill positions, but employers won't pay to fill every position. Maybe there is not high demand for your practice area at employers. Maybe you are too junior or senior for the openings that exist. Maybe certain qualifications will make it difficult to be successful in a recruiter-supported search. As a recruiter, I'm always up front about when I think I can be helpful and when I cannot. Make sure recruiters to whom you speak with are sure they can be helpful. Ask about their employer connections and specific positions that come to mind. Ask how they plan to be helpful in terms of material preparation and review, mock interviews and offer evaluation and negotiation. If you don't feel a connection with the recruiter, do not move forward with them.

  3. Ask the recruiter how they plan to communicate and keep you updated. One of the biggest complaints I have heard from candidates that work with other recruiters is that they are non responsive and have to be chased. This should be solved by setting expectations with a recruiter before you start working with them in earnest. I use a combination of shared Google Spreadsheets, emails, phone/Zoom calls and texting to stay in contact. When an update is non-urgent, I use the spreadsheet; when it is semi-urgent I may send an email and when I need a quick response (i.e., available times for an interview), I call or text. Recruiters should understand that you are busy with a full-time job and they should communicate in a manner that respects that. But the recruiter should be very responsive to your questions and requests for updates. It's your job search.

  4. Tell the recruiter about every job, position and employer to which you have already applied, either directly or through another recruiter. A recruiter can only help you with positions to which you have not already submitted. Some candidates think that a recruiter can leverage contacts that a recruiter has in order to move a self-submitted application forward, but this is not the case. Employers will consider these types of applications already submitted and they will not compensate the recruiter. It is the same case when another recruiter has already submitted to an employer. It is completely fine to work with multiple recruiters - just make sure you are clear who has submitted what so wires don't get crossed and complicate your candidacy.

  5. Approve recruiter submissions on your behalf with specificity. Before you send a resume to a recruiter, make sure to include a note in your email that says something to the effect of "Do not recirculate or submit this resume to any employer without my express and specific permission." Once you talk to a recruiter and provide a resume, they may be operating under the assumption that they can submit on your behalf to any employer, lead or job posting that fits within your career goals. Do not let recruiters do this. Ask them to provide a list of job opportunities and leads (I often do this through a shared Google Spreadsheet that is always accessible to the candidate). Once you provide the above note in your initial email, the recruiter will understand that they will need your written authorization each time they submit your materials. This will ensure you retain control of your job search

  6. If communication consistently fails, seek another legal recruiter. Maybe a recruiter submits you for a position or two. You don't hear anything so you follow up. You don't hear back from that for days or weeks. It's time to move on. The recruiter is implicitly telling you that they have heard nothing and they don't have any other positions for you. But another recruiter may have more leads, or better advice, or most importantly, a better communication style.

Leaving BigLaw to Go In-House

In my capacity as an experienced legal career advisor, I have worked with many BigLaw associates who are completely focused on moving to an in-house attorney role at a company. There is a perception that in-house attorneys make a little less money than BigLaw associates, but in-house roles offer very positive trade-offs in terms of work/life balance and advancement.

Yet, before you dive into making the move from BigLaw to in-house, there are some important considerations to keep in mind:

If planning to relocate geographically, consider a BigLaw relocation first. In an analysis that I did on 2018 BigLaw associate moves to in-house, I found that the vast majority of in-house attorneys lateralled in from firms in the same geographic market (see this visualization). Even though work has been completely virtual and remote at both in-house and firm employers, geographic connection is still incredibly important. Most attorneys in a given BigLaw firm office location work with clients that have some kind of presence themselves in that same location. This is why you've seen BigLaw firms continue to open up new offices across the U.S. They want to have their attorneys close to their clients. So if you want to work in-house at a big tech company headquartered in Silicon Valley, you have a better chance of getting a job if you have been working for a BigLaw firm office in.... Silicon Valley.

Don't rely exclusively on traditional legal recruiters for opportunities. Unlike BigLaw hiring, you should not rely on legal recruiters and headhunters to identify positions for you. There are recruiters that have strong in-house connections. However, there are lots of in-house employers that will not work with legal recruiters. Instead, they post openings on job sites like LinkedIn Jobs and/or rely on internal referrals. So rather than seek out recruiters who "have lots of in-house openings," focus on identifying positions on your own and relying on your personal network (and extended network).

If you have more experience than what is advertised in an in-house position description, still apply. Lots of in-house legal positions are very competitive. Particularly if the needs of the position are general in terms of litigation and/or transactional experience and the company is located in a highly desirable location, the company may be sifting through hundreds and hundreds of applications. Therefore, it is not uncommon for an in-house employer to ultimately hire someone with more years of experience than the position advertises because the company ended up with an extremely qualified and large candidate pool.

The timeline for a single position may take several months or more. Depending on the in-house opening, the timeline for interviewing and hiring can take days, weeks or months. BigLaw firms interview and hire in a very standard way for lateral associates: a screening interview followed by 1 or 2 rounds of callback interviews. Some in-house employers will want you to meet with several different people across business and legal lines. Sometimes they will combine these interviews into a single time block, and sometimes not. (Keep in mind that an in-house attorney opening may only come up at a particular company once every few years, so the employer may be very deliberative and evaluative in their hiring process to ensure a good fit.)

Tailor your resume to the job description as tightly as possible. Tailoring your resume to the position is important no matter what, but it is especially important when moving from BigLaw to in-house. The internal recruiters and HR professionals that sift through in-house attorney applications work across several different company functions and may not knows the ins-and-outs of what makes for a strong attorney candidate. Therefore, your resume should reflect requirements and preferred qualifications in terms of experience, credentials and more. You want to make it easier for these screeners (and eventually, the attorney interviewers) to know that you are the right fit for the job.

Don't assume the hours are better. There is a presumption that since in-house legal departments do not rely on the "billable hour," that the work/life balance and hours are better than BigLaw firms. But this is not always the case. Every company is different. In-house lawyers can have a wide range of responsibilities that include meetings at different times of the day across different functions. If the company is large and multi-national, this may include connecting with co-workers across multiple locations and time zones. Additionally, the work you are called to do may have quick and urgent deadlines due to business demands. And the amount of responsibility and work on your plate can vary by company and position as well.

Remember that you are hired to add value, not learn something new. The ability to "add value" is the main reason anyone is hired into any position, and this is no exception for in-house attorney roles. At BigLaw firms, when you are hired as a summer associate or entry-level attorney, there are often different training modules and sessions that cover a lot of what you need to know about the firm and its practices. This is unlikely to be the case when you move from BigLaw to an in-house role. It will be up to you to introduce yourself to co-workers across business and legal lines and to learn on-the-job about your role and how you fit into the company.

Analyze the advancement opportunities carefully. BigLaw firms are more consistent and predictable than in-house legal departments when it comes to advancement. At a BigLaw firm, you have a general sense of how long it takes to make partner or counsel. Additionally, each year you work in BigLaw as an associate is a literal time marker of advancement: 1st Year Associate, 2nd Year Associate, etc. In-house legal departments are structured differently and individually. As you consider an in-house attorney option, pay close attention to titles and advancement targets. Ask questions for clarification and use LinkedIn profiles to learn more.

Not Sure if You Should Lateral as a BigLaw Associate? Interview to Find Out.

Over the last couple of years, I have spoken with lots of associates who don't want to leave their jobs and make a move because they are waiting to find the perfect next job. For some of these cases, it makes sense to wait. They like their current position and they aren't curious about a move. Fair enough.

But for others, associates will articulate what they don't like about their current firm and current practice, yet they still decide to wait.

I call this state of mind "application paralysis."

Lawyers and law students are trained to deduce and draw conclusions. They apply this to their own lives and choices. They try to game out every possible outcome that may come from a job application. If 1 or more of these anticipated outcomes is negative, they don't move forward.

But here's something important to keep in mind that is both simple and easy to forget:

You won't know for sure if you want to work somewhere new until you interview and meet the people that work there.

A good recruiter will provide a lot of insight and information regarding a possible position; The skills required; The types of candidates that the firm likes to hire; The opportunities for growth and advancement at the new firm or employer.

But the only way to fully understand an opportunity and need is for a candidate to directly meet with the attorneys hiring for the position.

Here are some tips on using the interview to evaluate your options (while also selling yourself to the potential employer!)

See if your recruiter can first set up a "coffee" introduction (virtual or otherwise). Candidates often think that interviewing is an extremely formal process for open positions at BigLaw firms. In fact, there is always a strong conversational element in the hiring process for a BigLaw associate position. Firms and hiring attorneys want to get to know you and make sure that the position and the firm fit within your goals and that your personality is right for the group. To that end, hiring attorneys are sometimes open to short 15-20min "coffees" that are structured more like an informational interview than a standard interview. It will be important for you to pitch your relevant skills and experience, but it is also an opportunity to ask more probing questions about the need and how you might fit.

Interview to learn about the position, and then do the following research. If only a formal interview is possible, there is almost always time allotted for you to ask questions to the interviewer (see advice here on good questions). After the interview, ask you recruiter clarifying questions about the position and the firm and then also doing your own research. A great resource, of course, is LinkedIn. Spend some time searching attorneys whose past company is listed as the target employer. Where are these people now? Did working at the firm lead to possible paths of interest such as in-house, government or working at a boutique? Is there time to reach out to these people through a message on LinkedIn to get their insights on their experiences at the firm?

Talk to your mentors post-interview. Now that you are armed with information about the possible position, you can go to your mentors, family members and other trusted advisors in your circle. "I just interviewed for a position at a new firm and this is what I know about it. Based on what you know about my career goals and personality, what do you think about the opportunity?" It's always better to ask the closest people in your life for advice when you can provide as much information as possible (and for a new job, that likely means interviewing to learn more).

Don't be afraid to be honest with your recruiter and ask for advice. Last, make sure to bring your recruiter into your thinking and ask questions. Yes, it is true that recruiters have an interest in you accepting a position because the target employer is paying their fee. However, they also have an interest in you going to a position where you will enjoy it and stay. (*Candidates do not always know this, but most fee agreements between recruiters and firms include a provision that a fee is returned if a hired attorney leaves before a certain date).

For more of my thoughts on this topic, take a look at my article Should I stay or should I go? on the Chambers Associate website.

Why Lateral Before the End of the Year

November 2020 can seem like an unusual time to make a lateral move as a BigLaw associate. There are so many different types of uncertainty on every level. Why consider making a job change as well?

The #1 reason to consider a move right now is opportunity. Since the end of the summer, I've seen a steady uptick in associate openings at law firms. In fact, as of the writing of this post, there are nearly 2,000 open lateral associate postings at the Top 200 law firms in the country. This is fairly evenly split between litigation and transactional positions.

The number of opportunities has especially ticked up in the largest legal markets where I assist associates on their lateral moves - New York, DC, Boston, Los Angeles and the Bay Area. According to data from Firm Prospects, here are the the number of current associate openings across these major regions:

  • 270 open intellectual property associate positions

  • 205 open litigation associate positions

  • 144 open M&A associate positions

  • 79 open banking and finance associate positions

  • 64 open capital markets associate positions

  • 39 open tax associate positions

  • 32 open bankruptcy & restructuring associate positions

  • 26 open real estate associate positions

If you're a BigLaw associate that has been considering a lateral move, here's are 4 reasons why it might be worth starting the search now and not waiting until the new year:

  • More candidate competition for open positions in 2021 than there is right now. If you wait to start your lateral move in 2021 in order to wait because you want to wait for more certainty or stability in the hiring world or world at large, you will very likely be competing with a larger group of candidates. I expect that January and February will be very busy months for BigLaw associates looking to move, but there is no guarantee that the same type and number of openings will be there as there are right now.

  • Current openings represent a very real and active business need. Law firms have been just as cautious as candidates when it comes to hiring during an unprecdented global pandemic. So any associate opening that is needed in a real estate group or finance practice or otherwise represents a true and likely urgent business need on the part of the firm. Firms would not seek to add to their attorney headcount in 2020 if there wasn't a real need.

  • Ability to negotiate a start date in the new year. If you are interested in making a move, but don't want to actually start until 2021, you will likely be able to negotiate a start date for that time. Think of the timing: If you apply now, wait to hear about interviews, conduct a couple rounds and then wait for an offer, this could likely put your offer into December or later anyway. At that point, it's easy to negotiate a 2021 start time.

  • Geographic relocation is front of mind for you. I've talked to multiple associates since the start of the pandemic that have relocated to a different location from their place of employment. Maybe they want to be closer to extended family for help. Maybe they are looking to save money on an expensive Manhattan/Brooklyn apartment. Or maybe they are just ready for a personal change of scenery. If you've done this and your firm does not have an office or practice opportunity in your new location, now is the time to take a look at opportunities. With recent positive news on a coronavirus vaccine, it's possible that some firms will ask employees to return to the office sooner than expected.

Even if you are not completely set on a lateral move or relocation, it's at least worth a conversation. You can schedule a free career advising meeting with me at calendly.com/gridline/careeradvising.

Lateralling as a Capital Markets Associate (from a former Capital Markets Associate)

If you're a capital markets associate at a BigLaw firm, you're probably used to the "boom" and the "bust." Your practice depends on a individualized pricing environments that make sense for your clients to raise capital from investors. This may mean you work hard to meet an anticipated offering date, only to see it fall apart just hours beforehand. But one of the many odd trends in 2020 is a very active Initial Public Offering (IPO) market. This means that lots of capital markets associates at big firms are busy. Very busy.

As a former capital markets associate at a firm in New York and London, I am very familiar with the trajectory and lifestyle. You start out doing some research projects here and there, often involving SEC regulations (or, in my case, exclusions to SEC regulations). As individual deals ramp up, you start diving into the due diligence projects, searching through pages and pages of virtual documents for issues and red flags. When a deal gets closer to the signing, and then closing, you are in "deal management" mode - making sure documents are put together and signatories are lined up. As you get more senior, you start to get more involved in the key documents for which lawyers are responsible - prospectuses, underwriting agreements, opinion letters, etc. Soon, you become more of the "point person" for the firm when it comes to different deals. Maybe you start with a small follow-on offering deal and then work up from there.

But your successful advancement as a BigLaw capital markets associate depends on a lot of different factors, some of which are beyond your control. Such factors include:

  1. The interpersonal dynamics of your working group. The personal relationships between you, your colleagues and your supervisors at the firm is crucial to both professional success and job satisfaction. Does everyone get along? Is communication consistent and understandable? Is the delegation line clear?

  2. The structure of the group in terms of juniors, midlevels, senior associates and partners. If there are too many or too few associates at or around your seniority level, this can cause an imbalance in your cap markets group. If you're always the junior in a busy group, even if you're a 3rd or 4th year associate, you'll stay doing the junior work. Similarly, if you are an experienced 5th or 6th year midlevel associate with a lot of other midlevel associates, you might end up competing for work and hours. Or, you might be a midlevel associate with no senior associates above you to mentor and train you, but you are still expected to take on senior level work. Structural deficiencies like this make it difficult to progress in a cap markets group in a predictable manner.

  3. The use of "fire drills" vs. real deadlines. As discussed, the ebb and flow of capital markets work can be quiet unpredictable. There can be unexpected starts and quick stops. On top of this, you might have partners or clients that frequently put out "fire drills," meaning they create extremely tight deadlines that turn out not to be that urgent. To be fair, it often takes hindsight to identify a "fire drill" in terms of a deadline. But if there isn't clear communication about a tight deadline and "fire drills" are put out over and over again, this can result in demoralized associates.

  4. The location (i.e., maybe you don't want to work and live in NYC anymore). The center for all types of capital markets legal work is New York City. It's the financial capital of the world so it makes complete sense for this type of work. But there are capital markets associates in all of the big legal markets in the country, especially Washington DC, the Bay Area, Chicago and Boston. Since the pandemic means the vast majority of associates are working from home (and may have even relocated geographically already as a result), perhaps a new location for your cap markets practice makes sense.

  5. The types of clients / platform for moving in-house. Obviously, the most common client for a cap markets attorney is a financial services company. But what if you aren't interested in working for and/or eventually moving in-house to an investment bank? If you're in a cap markets practice that focuses on the "bank side" versus the "company side," then your client focus may be limited. Additionally, you may work in a "company side" practice, but it's in a very specific and focused industry like tech, life sciences or insurance. This also presents limitations that may not match your career goals.

If any of the factors above present a challenge for you as a capital markets associate, then it may be time to consider a lateral move. Because of the activity in IPOs and other types of cap markets deals, there are firms across the country that need additional associate support. Even during strong economic times, the demand for lateral talent in cap markets may not be as high as it is right now. (For example, before the start of the pandemic, corporate hiring at big law firms was much more focused on private equity M&A and finance needs).

Lateraling to a Busier BigLaw Firm

At this moment, there is a lot of variation in the life of the typical BigLaw associate. Maybe you are as busy as you've ever been, meeting or exceeding your billable hour target for a bonus this year. Or maybe you're at a firm whose work halted abruptly at the start of the pandemic, and you are still wondering when the firm is going to get back to the time before the firm-wide salary cut. Or finally, maybe it's been one giant roller coaster ride - you've been busy, you've not been; you have friends at the firm that are working around the clock, and you're scrambling to get work and hours.

All this time, you are wondering "Is my experience normal? What are other BigLaw associates going through in terms of work volume?"

The answer is that there is no normal life for the BigLaw associate at this moment. It really depends on what work you are doing, what firm you are at and what location you are doing it.

Ultimately though, if you're concerned about your hours or the financial health of your firm and practice, it may be worth talking to a recruiter to see what your options may be.

Here are some thoughts that I have for the BigLaw associate based on current hiring trends:

  1. There has been a slow (but steady) increase in the number of associate openings at BigLaw firms over the past couple months. The types of openings at these BigLaw firms are quite varied across different litigation, regulatory and corporate practices, depending on the firm. (Though it should be noted, that demand for BigLaw associates in areas like data privacy, restructuring and health regulatory practices has remained strong throughout the pandemic.) But if you're in a major transactional or dispute-related practice and you are thinking about a move due to workflow concerns, there may be an opening or a need out there right now for you.

  2. An associate opening is a strong signal that a firm's work in that practice area is not only steady, but very busy. Since the start of the pandemic, BigLaw firms have been very cautious in posting new associate openings. If there has been a slowdown in a practice, they have focused on shifting existing working in those practice areas and staffing them in busier practice areas, if possible. The posting of an associate need means the firm is so busy, they are not able to staff with existing resources. They need the additional talent now.

  3. If you have been consistently working hard to get your hours up, but are struggling, it's worth looking at new opportunities. In my conversations with some BigLaw associates, it's not unusual to hear about an immediate slow down in workflow that started with the pandemic outbreak in mid-March. I've talked to these associates about strategies to get work and remain as busy as possible, with the goal of getting as close as possible to their billable hour target for the year. Some associates have not been able to do this successfully simply because the work volume is not available across multiple working groups and practice areas. If this is the case, it is worth seeing what other opportunities are out there.

  4. Geographic relocation remains very possible right now, and may be the best option depending on your practice area. I've written a lot about relocating as a BigLaw associate and why it might make sense (see my FAQ on the topic). Although a relocation right now is likely to be "virtual," firms are doing it and considering candidates from other markets. It certainly helps that firms have had several months experience of virtual interviewing and virtual onboarding. And given current variations in hiring, now might be the time to consider it. For example, the San Francisco Bay Area has remained quite active in transactional and corporate associate hiring. If you're located at a firm outside the market in a corporate practice that has been slow, now might be the time to consider your relocation.

These are just a few recommendations and trends to note when it comes to considering a lateral move right now as a BigLaw associate. However, whether or not it strategically makes sense to make a move right now depends heavily on individual circumstances. Especially in the current moment.

The #1 Must-Ask Question in a Law Firm Associate Interview

When it comes time to ask the interviewer questions in your lateral associate interview with a law firm, there are lots of directions that you can go. However, there is one question that should always be part of the Q&A:

"Can you tell me about a recent case or deal that you and your team are working on?"

This question may sound simple, but it's essential for a few reasons. Strategically, it provides a myriad of opportunities for you to stand out in a way that will secure that next round interview or offer:

  1. It shows you are genuinely interested in the work and the position. When you use this go-to question in an interview, you are automatically showing your interviewer that you are interested in the work that they do. This is a great tone to set for the interview. It reveals that other factors may be part of your decision to leave your current firm (e.g., money, advancement, team dynamics, location, etc.). But ultimately, you are someone who cares and prioritizes the work and the practice. This question is a great way to demonstrate that focus and enthusaism.

  2. It makes it possible to "continue the conversation." Law firm interviews are almost always conversational in nature. The questions you are asked are based on your responses, but also vice versa. When you ask this type of question, you are making it possible to continue a very natural conversation about the interviewer's work and practice. There are lots of different follow-up questions you can ask about the case or deal regarding the roles of different lawyers, the nature of the clients involved and the successes and pitfalls that were presented.

  3. It's a good way to demonstrate soft skills. There is so much focus with interview preparation on demonstrating hard skills, but it's also as important to show your soft skills as a lawyer. Your ability to reason analytically "on the fly." Your ability to present with confidence for your clients. When you ask this question, you show your interviewer that you know what it means to be a good lawyer. You are someone that will listen to your client and ask thoughtful questions that are on topic.

  4. It makes the interview process straightforward and easy for your interviewer. If you are meeting with a busy associate or partner for your interview, they may not have spent a lot of time preparing. The request to interview may have been last minute as a fill-in. Or they may just be having a very very busy day, week or month. By asking conversations about work, you are making the interview easier on your interviewer. It will be easy for them to answer question as well as your follow-ups. Topics such as the firm's mentoring system, management news or the recruiting timeline for the opening may not known to this particular interviewer. However, the person's workload is always on the mind.

  5. It provides the opportunity to highlight your own skills and experience. When your interviewer starts talking about a recent case or deal, it may bring to mind a similar experience for you. Bring this up in response. Talk about your role on a similar project. Describe the depth of your experience in this area, particularly if it is significant. And then wrap it up with with another question to keep it going. You've just naturally tied your own specific experience to the work done by your prospective group.

  6. It helps ensure that your interview won't end too early. When it comes to an interview, you want to do your best to keep the conversation going and run out the clock. Let your interviewer or recruiting contact keep things moving on time. Otherwise, you risk an awkward early exit and a possible gap in time. Even for a less-talkative interviewer, questions about work more often than not ensure that your interview time is filled. It's simply the easiest thing for your interviewer to talk about in a professional interview.

When developing questions to ask in an interview, always work with your recruiter. For this broad question, it makes sense to game out the type of follow-up questions you might ask depending on the interviewer's response. It's also a good idea to outline your most relevant work experiences so that you can highlight these in a specific way as part of the conversation around this question.

Lateralling from Corporate Practice to Restructuring & Bankruptcy

Lots of junior and midlevel BigLaw corporate associates have seen their hours drop since the start of the pandemic. Some corporate associates may see future increases in workflow as parts of the world and the country come out of the pandemic. Others may not.

At the same time, there is a lot of discussion about potential demand in restructuring and bankruptcy practices at BigLaw firms. Even before the start of the pandemic, many firms were looking to fill needs in this area, as the work has evolved and broadened over the years considerably.

"Bankruptcy and restructuring" refers to the general practice of advising financially distressed companies; this includes the more informal process of negotiating on behalf of debtors and creditors, as well as formal court-ordered Chapter 11 restructurings and Chapter 13 bankruptcy filings.

There has been just a slight increase in the number of bankruptcy and restructuring associate openings over the past few months, but this is expected to increase over the next few months. According to an article from Bloomberg Law today, "a much larger wave of corporate restructuring is still a ways off." It takes a lot of time to plan a company's financial restructuring. Certain information that is needed to do that is currently unknown because of the pandemic-related shutdown, including revenue projections and the relative value of assets.

Still, I have heard from associates at law firms hired to work on a new major bankruptcy that the firm is looking to add attorney staffing to their bankruptcy group quickly -- either by moving or borrowing lawyers from other practices at the firm that are slow or through outside hires.

So how can junior and midlevel corporate associates prepare for a possible shift into this work? Here are some thoughts:

  1. See if you can be staffed on any finance-related transactions or deals. If your corporate practice thus far has focused on areas like M&A, capital markets or private equity work, maybe you haven't had the opportunity to work on a finance transaction. This involves representing a financial institution or borrower in the lending of money. The broad term covers specialties like debt finance, specialized asset finance, leveraged finance and project finance. If you get the chance to work on deals that involve loan agreements, credit facilities and related due diligence, you are getting exposure and experience that can be helpful to a financial restructuring practice. In fact, some firms have designated "finance and restructuring" practices with attorneys that know how to do both.

  2. Get together a deal sheet that is as comprehensive as possible. Now is a good time to look through your billing system and take full inventory of all the deals that you have worked on thus far. Have you worked on any finance transactions already? What about any sales or acquisitions of distressed assets? Was there a bankruptcy litigation case that you worked on as a summer associate? Any exposure to work connected to bankruptcy and restructuring will be useful for when you make a pitch to do the work later on. Particularly if you are a junior corporate associate, it is not expected that you have a lot of experience in any one practice yet. Interest and exposure is more important.

  3. Talk to peers in the bankruptcy and restructuring group. Associates that are in your class year are often the best source of information when it comes to your career planning. There is camaraderie between attorneys peers at the same firm, and thus it is more likely that you will be honest with each other. They can let you know when they are overworked and the group needs help. Additionally, if your friend in the bankruptcy group lets you know that there isn't enough work to share at the moment, this is good intel as well. They can also provide inside tips on personalities and how to make the best pitch to the partners in the group.

If you'd be more interested in a "temporary" move to bankruptcy and restructuring work, keep in mind that there are ways to avoid being pigeon-holed into the work forever. You might be concerned about pivoting back out of the practice again if demand for the work drops during a future economic boom or it does not interest you. Here's how to address that:

  • If you move to a practice that leans towards the restructuring work, there is always the possibility of doing banking and finance law later down the line. During good economic times, there is strong demand in this practice. And because financial products are always changing and innovating, so is banking and finance law. Lastly, this type of work is great for making another type of future career move: corporate in-house lawyer.

  • If you move to a practice that leans towards the bankruptcy litigation work, this provides a great opportunity to develop strong litigation skills that can be applicable for other types of litigation. Additionally, in terms of future opportunities, there are lots of generalist litigation firms and litigation boutiques that do bankruptcy litigation work as just a part of a broad litigation practice. And these firms will still value the bankruptcy litigation training.

5 Tips for BigLaw Associates Preparing for a Future Lateral Move

There has been a significant disruption to legal hiring due to the impacts of COVID-19, but this will not last forever. The hiring market is seeing what I would call "a heavy pause." Many employers are waiting to fill most positions until there is more certainty about the economy, office openings and the types of demand for legal services (*though not all employers, see point #5 below). That being said, if you are a BigLaw associate that has been thinking about making a change, there are some specific actions and strategies that you can do now to set up to make a move later on:

  1. Review your list of matters and deals to create an up-to-date summary sheet. Now is a good time to reflect specifically on the work that you have done at your firm thus far. Whether you are a junior associate or more senior associate, take some time to download a sheet of all the matters and deals that you have worked on. This will help in many ways with your future job search. It will help you (and any recruiter with whom you work) understand what openings make the most sense for you. It will also help with application submissions and even interview preparations, as most interviewers will want to hear about specific work experiences.

  2. Work with a recruiter or career advisor on updating your resume. Your resume is the foundational document for the legal job search. Legal resumes need to get a lot of information in a tight amount of space (a single page for BigLaw associates, when possible). A good recruiter and career advisor will help you decide which details should stay and which details should go, all in order to make room for a full description of your current legal work experience. What educational honors are important to keep? What prior non-legal work experience makes sense to preserve? What skills and qualifications are most marketable? (I'm happy to offer tailored advice like this if you are a BigLaw associate considering a move. Schedule a time to speak or videochat.)

  3. Look around at posted openings to see what interests you. Employers still have a lot of legal positions posted up on their websites. If these positions are more than a few weeks old, there is a strong chance that the opening is closed or at least on-pause due to the pandemic. However, these older job postings will give you a sense of the type of legal hiring that was active until the world came to a halt. If you see an older posting that's of interest, copy and paste the description into a spreadsheet or Word document. This exercise will help you keep focus on opportunities that make sense for you personally, as well as opportunities that do not.

  4. Seek opportunities at your current firm to expand or shift your areas of expertise. Maybe you are considering a move in order to expand or shift your legal specialty. And maybe you have not been able to do that at your current firm because of internal politics, no time, lack of work in that area or some other reason. If that is the case, see if you can use some of your work time now to get exposure to a practice area of interest to you. Offer to write a client alert or take on a research project. Schedule an internal informational interview with a partner or senior associate that does that kind of work. Take a CLE course to learn more about that type of work.

  5. Discuss strategies and timing with a legal recruiter that you trust and will work for you. When it comes to actively searching for a new legal job, timing is everything. For some BigLaw associates, it might make sense to work with a legal recruiter and get some applications out now. There are firms that are at least doing phone interviews with strong candidates for urgent-need openings. The hiring timeline will be extended, but for these positions, it makes sense to get into the candidate pool now. Otherwise, a candidate risks being left out when an urgent-need opening quickly becomes an essential opening. For other associates, it will make sense to start with the first four steps and lay some groundwork for applications later on down the line. If an associate is submitted for a stale position or to a group or firm that does not have an active need, you can risk signalling to the potential employer that you are desperate to leave your current employer. This is not an ideal position to be in.