Maintaining Trust in the Police Department

It has not been the best of times for the Philadelphia Police Department.  For a department that already receives criticism (often not justifiable) for supposedly failing to stem the tide of violent crime, there have been a series of high profile problems involving police conduct. 

This week, several officers from the Narcotics Field Unit have been implicated in disturbing raids of small convenience stores.  The officers allegedly entered these stores under the guise of arresting the owners for selling drug paraphernalia and then systematically removed the surveillance systems so that they could loot the store of food, items and money.  Not exactly the purpose of the motto “to protect and serve.”  Today, there’s been a report in which a police officer, while a student was accompanying him on a ride-along program, supposedly used a racial slur to describe inhabitants of the neighborhood he was patrolling.

These incidents certainly do not positively contribute to the amount of trust that Philadelphia residents and police officers currently have.  If these allegations are true, then those officers were certainly acting improper (and in the first case, criminally).  What’s important to remember, however, are that these officers are in the vast minority.  There are over 6,600 Philadelphia police officers, and 99 percent of them honorably serve the city, protect citizens and enforce the law.  It is the few “bad eggs” that give the rest of them a bad name.  We should certainly condemn the improper acts of those who deserve it, but we should not extend the criticism to the rest of the men and women in blue.    

Dealing with the Reality of the Legal Market

A couple of months ago, a colleague bemoaned to me that she was sick of people writing about the ails in “the economy.”  Her line of thinking was that the subject was overdone, the worst of times had happened, and there were other subjects to discuss instead. 

So what’s happened in the past few months?  Well, for starters, things have not gotten better; to the contrary, things have gotten worse.  Much worse.  The stock market keeps plunging towards lower depths, companies are getting more bailouts and companies are going out of business.   Locally, in the legal market, firms have been laying people off or sending new associates on furlough.  All problems aren’t magically solved just because there’s a new administration, new people in office or just because there’s a stimulus package. 

 Today, what was once unthinkable has happened: a major law firm of 300 lawyers has announced it is dissolving.  The pending demise of Wolf Block, beset by partner and practice group defections, decreasing work and inability to secure reasonable credit, is a major, major blow to the legal market.  If it can happen to a storied 106 year old firm, it can happen to others.  Many of the lawyers will likely be placed in other big firms.  Some will probably have to join smaller outfits.  Others, such as the scheduled incoming first years or even newer associates, may be left up the proverbial creek without a paddle.

So now what?  Firms have to continue to adjust to the times, cut some expenses and maybe even ponder alternative fee structures to keep clients. 

What do you do if you’ve been laid off (or about to be laid off) or you’re a soon-t0-be law school grad without a job yet?  Well, there’s always hope.  For one, things are cyclical, and the market will pick up – at some point.  It may not be in the next few months, but it will likely happen in the next year or two (cross those fingers!). 

Additionally, there are other options to consider.  I recently attended a panel discussion of attorneys (partners, solo practitioners, public sector staff attorneys, etc.) who have taken less than traditional paths to success.  They had many insightful pieces of advice:

• The best can still get jobs – Those on the hiring committee (including panelists from big firms) noted that they’re still hiring; the difference is that they’re much more selective.  With the glut of applicants and decreasing positions, the firms have become much more picky in choosing who to hire.  If you significantly stand out, you can still get a job.
• No need to wear a scarlet “L” - Firms are obviously aware of what’s going on.  They know that there are many talented attorney candidates who have become victims of numbers, unfortunate circumstances, etc.  As such, it is no shame to be a victim of the recent layoffs.  In fact, one member of a hiring committee even noted that it would be worse if the applicant was deceptive and tried to claim that he or she was still technically employed by a firm when it was only in name.   Tell the truth, and the firms understand. 
• Consider public interest - If it’s financially possible, consider trying to work in the public interest field.  To do so may require identifying a particular organization and “targeting” it by reaching out to its staff attorneys or executive director.  You may need to at first volunteer, but, with any luck, you may be able to catch a break and secure a paid position. 
• Become a clerk - Clerking, of course, is another great option.  Judges look for clerks every year, so there’s vacancies.  If nothing else, you delay re-entrance into the legal market.  With any luck, things will be much better in a year.

It’s an uncertain world out there.  Firms and lawyers have to be prepared for eventualities and can’t rule out options.

Firms Paying Junior Lawyers to Work in Public-Interest Jobs During Downturn

In During Downturn, Some Firms Paying Lawyers to Do Good Ashby Jones writes “as law firms cope with a drop-off in their business, some are testing out a novel strategy: paying junior lawyers to work in public-interest jobs. Some are even paying their associates simply not to come in for a while.” 

For example, Jones notes:

Morgan Lewis, for instance, has delayed the start date for 68 incoming lawyers by one year, until the fall of 2010. But the firm will pay the lawyers up to $70,000 each if they take on such jobs as litigating at a public defender’s office or providing corporate-law advice to a nonprofit organization. Pillsbury Winthrop has extended a one-year offer to pay salary and benefits to each of 55 laid-off lawyers who takes on a public-interest job.

Skadden has offered all of its associates and incoming lawyers the option to take a year off to pursue “personal or professional interests” at one-third of their salary plus benefits. And Latham & Watkins has offered $75,000 to any incoming lawyer who wants to take the year off and start in the fall of 2010.

Jones further notes:

Of course, most big firms aren’t taking this approach; opting instead for layoffs. And those that are can articulate cold, hard business reasons for such moves, like buoying their reputations or making sure they have enough lawyers around if and when the economy improves.

The Onion’s View of Law School

In Year Of Law School Now Mandatory For Nation’s 25-Year-Olds  the satire paper, the Onion, writes that Congress signed into law a bill that “every 25-year-old American, regardless of prior life commitments, is now legally obligated to enroll in a full year of study at one of the nation’s accredited law schools.”  According to the article:

This new measure gives us the means to compel 25-year-olds to simultaneously placate their parents, impress their friends with complex-sounding legal jargon, and effectively avoid any real-world responsibilities for another full year,” said Rep. Steve Buyer (R-IN). “We can think of no better way for our young people to squander their postcollegiate aimlessness.” Congress is reportedly seeking further legislation that would provide for an additional nine months of grumbling over LSAT prep, and up to five years of whining about paying off student loan debt.

Advice to Job Seekers

I was very fortunate to start a new job last week.  It took me two years to find a job at a firm and I learned many things along the way.  In addition to searching for a job, I was also in charge of sorting through resumes to set up interviews for my replacement and the hiring of law students.  Most of these are basic observations, but I will share them anyway:

1. Do NOT be embarrassed that you were laid off or graduated from law school and were unable to find a job – especially right now.  No one thinks there is something wrong with you.  The one thing about searching for a job when you are laid off that is helpful is that you can be as vocal as you need to be because you do not have to worry about your employer finding out.

2. Have a bunch of people edit your resume.  I used the same resume for a year and a half before one of my best friends suggested that I make drastic changes.  He had good suggestions so I listened to him.  Other people made suggestions that I skipped and I am still comfortable with those decisions.  Use your judgment.  Keep asking people until you are comfortable that your resume is the best it could possibly be.  Also keep in mind:

Your resume should read like a reverse timeline with your most recent experience first.  

If you have real experience, it is ok to move your education to the bottom of the page.If you were laid off, make sure your resume has the correct end date and does not state that you are still employed at XYZ firm if you are not.

Your resume should be easy to read and well organized.  If someone has 85 resumes on their desk and skims yours, what will he or she take away from skimming it?  Why should they interview you?

3. Network network network.  Most legal jobs are not posted on any websites, so you better get out there:

Tell anyone and everyone that you are looking for a job.  Do not be desperate about it, just conversational.  Tell your dry cleaner, your hair dresser, your doctor, the guy at the corner store who you buy coffee from everyday, etc., that you are looking for a new job.  You never know who will be the person who knows someone who is looking to hire an associate and you probably already know that you need to go beyond your law school career services office.

Follow up with former employers, former classmates and anyone else you had a good relationship with or who respected your work and you may have drifted from while you were busy.  I found the people just outside of my immediate group of friends and contacts the most helpful.

Get away from your computer and go shake hands.  You may not be running for office, but it is more difficult for people to ignore you if you are standing in front of them.  Emailing resumes is great, but we all have about a billion emails in our inboxes at any given time.  Go to events and speak to as many people as possible.  Act like a normal person, talk about normal things and just mention that you are looking for a job.  No one wants to work with a dry robot who cannot have a normal conversation. 

Be prepared to tell people exactly what you are looking for even if it is just “I’d like to find an associate position at a firm.”     

4. Be flexible. In my short legal career – I will be out of law school for 5 years in May – I have done most of the things that I thought I never wanted to do and it truly has been great!  I never thought I would work at a public interest agency and I spent 2 years at the Homeless Advocacy Project.  I was never interested in criminal law, but clerked for a judge who handled delinquency cases.  When my job at HAP ended two years ago, I said I would try anything except family law and now I work at a family law firm and I love it.   

5. Try not to be bitter.Sometimes it is emotionally difficult, but no one will want to be around you if you are bitter. You need the support of your family and friends. It can and will work out. It may not get the exact job you want, but you will end up somewhere.

6. Be constructive with your time. If you are unemployed or under employed at a part-time position, consider volunteering at a legal services agency like Philly VIP.  You will make additional contacts, be forced to leave your house and be able to show an interviewer that you are making a constructive use of your time.

This list is not exhaustive, so if you have advice for others, please share it in the comments section. 

Also, if you happen to be hiring, let me know because I know of many qualified candidates with experience ranging from 0 – 8 years from all sorts of backgrounds (large firm, small firm, clerkships, legal services agencies) and I would be more than happy to put you in contact with each other. 

The Decline of Trial Opportunities

In this month’s ABA Journal, there is a 40 page feature on “Lions of the Trial Bar,” highlighting seven legendary trial lawyers over the age of seventy.  These senior members have had remarkable careers and continue to represent their clients in landmark trials. 

A sidebar article to this feature takes a look at what litigation is like today.  As most young lawyers who practice litigation know, the number of cases that actually go to trials have significantly decreased.  The article notes that during 2006, only 1.3 percent of federal civil cases went to trial.  It is likely that the trend will continue downwards. 

From recent personal experience, I believe there is almost an economic disincentive to go to trial.  Particularly in this day and age, it is often difficult to justify the expenses, time and risk of preparing for and going to trial to clients.  As a result, we may tend to push for and recommend settlement of cases rather than go to trial. 

So what this means is that there are fewer opportunities for young lawyers to develop courtroom skill.  Instead, we end up developing other skills, such as writing and negotiation.  Who knows, perhaps when we reach our 70s, the ABA Journal will instead feature an article on the mediation and negotiation legends of the bar.