Tag Archives: Am Law

Associate Market, Associate Tips, Featured, Market News, Newsletters, Tips

Navigating the Legal Industry: In-Depth Guide for Law Students and Legal Practitioners

Embarking on a legal career can be both challenging and rewarding. This comprehensive guide delves into law school, selecting a law firm, law firm life, the lateral market, and maintaining a successful career throughout. By understanding the intricacies of each aspect, you can make more informed decisions and excel in your legal profession.

Prioritize Your Law School Grades: Strong academic performance in law school is crucial for securing prestigious summer associate positions that can lead to permanent roles. Maintaining high grades throughout law school is important, as second- and third-year grades can impact lateral moves or in-house opportunities, especially for litigators. Prospective employers will request your transcript when applying for lateral attorney positions and, in some cases, even for partner candidates.

Consider a Federal Clerkship for Litigators: Aspiring litigators should consider the value of a federal clerkship, as it can enhance your legal career, particularly if you plan to work in a litigation boutique or prestigious law firm. A clerkship can be completed before starting your legal career or as a break from law firm work. For corporate associates, a clerkship may not hold the same weight and might not count towards your years of experience.

Choose a Prestigious Law Firm: The prestige of the law firm where you begin your career plays a significant role in your ability to lateral to another firm or move to a company. While smaller firms may offer better hands-on experience and training, prospective employers often prioritize candidates with experience in prestigious firms.

Select the Right Practice Area: Choosing the right practice area involves considering factors such as your personality, lifestyle, academic background, geographic preferences, and future goals. Assess whether you enjoy the substance of the work, can handle the personalities and work culture in a specific practice area, and have the necessary educational background and aptitude.

Understand Law Firm Structures: Understanding law firm structures, such as lockstep firms and two-tier partnership tracks, is essential when making career decisions. Lockstep firms may foster cooperation and have more institutional clients, while two-tier partnership tracks can offer opportunities to prove your worth as a business-building partner.

Manage Your Professional Development: Take charge of your professional development, as law firms may not always prioritize your long-term growth. Be proactive in seeking opportunities for growth and learning within the firm and externally, such as attending workshops, conferences, and networking events.

Stay Informed in Your Field: Stay updated on the latest firm and industry news to remain competitive and knowledgeable about your field. Be aware of emerging practice areas, firm financial performance, and potential opportunities for growth or lateral moves.

Prepare for the Lateral Market: The lateral market requires you to ensure your résumé, deal sheet, and firm bio are always up to date and easy to understand. Having a clear record of your experience and accomplishments can increase your chances of being contacted by recruiters and considered for lateral opportunities.

Invest Time in Interview Preparation: Invest time in preparing for interviews, researching the firm or company, and practicing common interview questions. Maintain a positive attitude during the interview process, avoiding negativity or complaints about current or former employers. Respond promptly to interview requests to convey interest and enthusiasm.

By understanding the intricacies of law school, selecting the right law firm, and navigating the legal industry, you can make more informed decisions and thrive in your legal career. Keep these tips in mind as you progress through your journey and remember to be proactive in managing your professional development.

Associate Market, Director, Featured, In-House Market, Market News, Partner Market

2023 Am Law 100 Rankings: A Comprehensive Breakdown

For top Biglaw firms, 2021 was an incredible year: gross revenue rose nearly 15%, while profits per equity partner grew almost 20%. Those growth rates were obviously unsustainable, so there is no great surprise that the financial metrics reported in the just-released 2023 edition of the Am Law 100 indicate a return to earth. 2022 was a roughly flat—for many firms, somewhat down—year. But considering the lofty heights reached in 2021, that actually isn’t so bad.

Collectively, in 2022, the AmLaw 100 attained:

  • Total revenue: $130.8 billion, up by 2.7%. 
  • Average revenue per lawyer: $1.16 million, down by 1.9%.
  • Profits per equity partner: $2.56 million, down by 3.7%.

For context, let’s compare the 2022 growth rates to the remarkably strong growth of 2021 and 2020, as well as the more typical rates of 2019:

Positive revenue growth paired with declining RPL implies that increases in headcount played a material role. Indeed, total AmLaw 100 headcount rose 4.7% (approximately 5,000 additional lawyers), with equity partnerships expanding by 1% (+207 equity partners) and the nonequity partner pool growing by 6.4% (+1,175 nonequity partners). This is consistent with our observations of the 2022 lateral market: even as deal work took a hit, 2022 was a reasonably strong year for lateral hiring.

Let’s now take a closer look at the three most important metrics — gross revenue, revenue per lawyer, and profits per partner — and the top 10 firms in each category.

Gross Revenue

Here are the top 10 firms in the 2023 Am Law 100 rankings, ranked by their gross revenue in 2022. You can access the full list here.

Kirkland & Ellis once again led the pack, widening its lead over Latham & Watkins, which maintained its second-place position despite a decline in revenue. There was little change to the top group, with Gibson Dunn entering the top 10 and Hogan Lovells dropping down to the 12th slot.

Most of the top 10 firms achieved revenue gains, but this was not representative of the broader Am Law 100. Although overall Am Law 100 revenue increased in 2022, 59 of the 100 firms suffered a revenue decline. This was a marked reversal from 2021, when every Am Law 100 firm increased revenue year-over-year.

Revenue Per Lawyer

Here are the top 10 firms in the 2023 Am Law 100 rankings based on revenue per lawyer. You can access the full list here.

It was not a great year for revenue per lawyer among the Am Law elite, highlighted by the 12% declines for Davis Polk and Simpson Thacher. Wachtell, Sullivan & Cromwell, Cravath, and Kirkland maintained their positions at the top of the table despite RPL decreases. Proskauer was the only new entrant into the top 10, with Quinn Emanuel falling to the 13th slot due to a 13% RPL decline—a notable hit in a relatively strong year for litigation.

Profits Per Equity Partner

And finally, the ranking we’ve all been waiting for: the top 10 firms by profits per equity partner. You can access the full list here.

The big news is that Kirkland has overtaken perennial champion Wachtell as leader of the PPEP ranking. Wachtell made history in 2021 as the first firm to exceed the $8 million PPEP mark. But a 13% drop in 2022—in the face of Kirkland’s 2% increase—has dislodged Wachtell from the top spot.

Wachtell’s percentage decline is not the highest among the top 10: that title goes to Davis Polk, which suffered a whopping 21% drop in PPEP. In the process, Davis Polk fell from the third slot to the fifth. New entrants into the top 10 were Skadden and Gibson Dunn. They displaced Cravath, which fell to 13th thanks to a 19% PPEP decline, and Cahill, which fell out of the Am Law 100 entirely.

In 2022, 9 Am Law 100 firms achieved profits per equity partner above $5 million (compared to 14 in 2021 and 6 in 2020). It wasn’t the year some firms might have hoped for, but even so, being an Am Law 100 equity partner in 2022 was still substantially more lucrative than prior to the pandemic.

Gain further insights and analysis on the 2023 Am Law 100 rankings by tuning in to our latest episode of Movers, Shakers & Rainmakers. This engaging Lateral Link podcast offers a deeper understanding of the legal industry landscape.

Featured, Market News, Team, Tips

Biglaw Associates’ Buying Power: Exploring Salary Disparities & Cost of Living in Major US Cities

Like it or not, most Biglaw associates have returned to the office, with 90% of AmLaw 100 firms now encouraging or requiring a specific number of days per week of in-person work. In an environment where “work from anywhere” is no longer viable for most lawyers, and where inflation remains high, cost of living in the market where your office is located has become more important than ever.

Cost of living and salaries are closely connected in many industries. Some legal sector jobs exhibit that correlation. Consider as an example a federal judicial clerk with one year of practice experience and bar passage (i.e., paid at the Grade 12, Step 1 of the Judicial Salary Plan scale). Because federal judicial pay rates are adjusted based on cost of living, that clerk would be paid $102,489 in San Francisco versus $89,848 in Dallas.

In Biglaw, however, cost of living is largely irrelevant to salary scales. Top firms pay associates the “New York” rate in several “major” markets, including the Bay Area, Los Angeles, Chicago, Houston, Dallas, Boston, and DC. From a cost of living perspective, paying New York salaries in San Francisco makes sense. In Houston or Chicago? Not so much.

It’s good to be a Houston Biglaw associate

A November 2021 NALP analysis of median private practice first-year associate salaries relative to cost of living found stark differences in associate buying power. NALP calculated that Houston and Dallas first-year associates each enjoyed more than double the buying power of their New York counterparts.

NALP’s calculations may actually understate the advantage enjoyed by Houston and Dallas associates because NALP considered only the relative cost of goods and services. But Houston and Dallas don’t just offer lower prices, they also feature no state income tax. For highly paid Biglaw associates, tax savings can make a significant difference in enabling fast wealth accumulation.

CityBuying power index (NYC = 1.0)Marginal state + local income tax rate for single first-year Biglaw associate
Houston2.50%
Dallas2.20%
Chicago1.94.95%
Atlanta1.95.75%
Los Angeles1.69.3%
Boston1.65%
Washington DC1.58.5%
San Francisco1.29.3%
NYC1.010.73%

The NALP survey looked at private practice salaries overall, rather than Biglaw salaries exclusively. If the analysis had been limited to Biglaw offices, the results would surely have been somewhat different. But the broader point is unassailable: associate salaries are poorly correlated with cost of living.

Billing rates are a key driver

If cost of living isn’t driving associate salaries, what is? In short, billing rates. Houston and Chicago may not be high-cost cities, but they have plenty of clients willing to pay firms top-dollar rates. Viewed from that lens, paying top salaries in these markets seems fair: associates are being compensated for the value they create. Over time, as clients become more accustomed to the notion of top legal talent being based in regional cities, we expect to see more lawyers being paid New York rates in cities across the country, especially with Biglaw firms expanding aggressively in secondary markets. That’s not to say that median associate salaries in secondary cities will rival the New York level. But for lawyers with top-flight credentials, geographic arbitrage may become increasingly possible and alluring.  

If you’re a New York or Bay Area associate tired of putting up with relatively low buying power, you may wish to consider a lateral move to Texas, Chicago or Atlanta. If working from the beach in Mexico is no longer in the cards, at least consider the wealth accumulation potential of a lower cost city where firms pay New York rates!

Featured, Market News, Partner Market

Partner Group Hiring: A Common Alternative to Traditional Expansion Strategies

2022 was a difficult year for major law firms, with considerably reduced opportunity to drive profit growth as compared to 2021. It’s no surprise, then, that the more challenging environment is influencing firms’ strategies for expanding their partnerships. With reduced margin for error, firms are mindful of the risks inherent in the traditional methods of hiring individual lateral partners or of merging with another firm. According to our clients and many of the law firm leaders with whom we work closely, hiring groups of partners has emerged as a sweet-spot alternative.

Hiring partner groups is less risky than individual lateral hiring

Hiring partners in groups can mitigate many of the risks associated with traditional lateral hiring. Take cultural fit, for example. A lateral partner hire who turns out to be a poor cultural match can do real damage to the cohesion of a firm and, in the final analysis, undermines the very purpose behind their hire. A 2021 survey by ALM Intelligence and Decipher Investigative Intelligence found that 29% of firms have had a lateral partner leave due to cultural fit issues with other partners. Rather than take the risk of integrating a single new lateral partner, firms often prefer to bring on a group of partners with a proven ability to work together, expecting that the group will replicate its existing equilibrium in the new firm and, thereby, contribute as efficiently as possible to the bottom line.

Group hiring also arguably offers greater security that claimed portable books of business are real. Nearly half of respondents to the ALM/Decipher survey reported that the majority of their firm’s partner laterals underperformed in relation to their stated book of business. The survey found that more than two-thirds of law firms have had a lateral partner leave for this reason.

Group moves improve these outcomes significantly. When a group moves together, clients are more likely to move with them and there are several additional indicators that portables will be solid. These range from such soft indicators as the trust shown by associates, counsels, and service partners moving alongside their rainmaking colleagues to harder indicators available when cross-referencing the business case provided by each partner in their lateral questionnaires.

Lastly, group hiring is also more efficient, offering more bang for the buck and swifter growth than a piecemeal approach – saving both time and money.

Group hiring is more targeted—and certain—than pursuing a merger

In theory, the greatest bang for the buck expansion strategy is a merger; but although we have seen some merger activity this year among smaller firms, and some attempts among larger ones, too, the specter of failure often looms large and a firm may invest significant energy in the process, only to walk away with nothing (take, for example, the recent merger attempts between Shearman Sterling and Hogan Lovells or O’Melveny and Allen & Overy). Worse yet, failed mergers often attract unwanted attention from competing firms looking to take advantage of any resulting turmoil by siphoning off spooked talent – the opposite of growth! Group hiring is less complex than conducting merger talks and a deal is more likely to be reached. In addition, the hiring firm can be more selective about the partners it takes on. Underperformers are less likely to be admitted through a group hire than through a larger-scale merger.

Partner group hiring is ideal for secondary market expansion

As we have previously discussed, we are in the midst of accelerated Biglaw expansion into new or smaller markets across the country. Consider the options available to a firm committed to opening a new office in Miami or Austin or Salt Lake City, with no prior presence in those markets. While they may, in the past, have hired two or three individual lateral partners from local firms and transferred some of the firm’s current partners to the new office in the hope it all jells successfully, firms are now more inclined to hire a group of local partners and use that group as the anchor for the new office, to be supplemented by some internal transfers.

Mintz Levin’s entry into the Toronto market is one example. This week we learned that the firm’s new office will be anchored by a group of three partners from leading Canadian firm Torys. Mintz has also hired a Toronto-based Dentons partner who was previously at Torys.

Expansion into a new market is a high-stakes move, with considerable reputational risk. A group with existing local client relationships that already works together productively provides a strong initial platform. Firms’ desire to maximize their likelihood of success in new markets is a key driver of the partner group hiring trend.

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If you are interested in learning more about firms’ partner hiring strategies, please contact me.

Featured, Market News, Newsletters, Tips

Applying AI to Legal Recruiting: New Tools for Efficiently Matching Firms and Candidates

With everyone talking about ChatGPT and the implications of AI tools for the future of various professions, now is an opportune time to consider how AI might change legal recruiting. We at Lateral Link have been actively engaging with this question for years: in fact, we have a sister company called Haistack.AI that is developing AI products for the legal recruiting industry.

So for the latest episode of the Movers, Shakers & Rainmakers podcast, we invited Haistack.AI Chief Technology Officer Michael Heise to discuss the possibilities and limitations of AI for law firms and legal recruiters. Mike educated us on the likely implications of AI for our industry and described the logic behind the product that Haistack.AI is currently building.

Mike is a seasoned legal tech innovator with a deep understanding of Biglaw firms. Prior to joining Haistack.AI, Mike held software leadership roles at Cooley and Covington & Burling. As he explained on the podcast, he is married to an attorney, and it was his wife who first sparked his interest in legal sector innovation.

AI can be a valuable tool

Mike explained that AI has the potential to assist lawyers with a broad range of tasks. For example, a litigator could rely on AI tools to set out the basic structure of a brief, allowing the lawyer to dedicate more of her time to the higher-value tasks of refining arguments and tailoring them to be most persuasive based on the unique facts of the case. As Mike puts it: “AI is not going to replace you. The person who knows how to effectively use AI is going to replace you.” AI tools will become increasingly sophisticated, but human judgment will remain essential for crafting the strongest and most original arguments.

Similarly, AI is well suited to help recruiters—both within firms and outside them—to more efficiently identify high-potential candidates. By reducing the time a recruiter spends on manually trawling through candidate profiles, AI can enable the recruiter to gain a deeper understanding of the high-potential candidate pool and the relative strengths of the candidates within that pool.

The Haistack.AI vision

As an example of how AI promises to make recruiting more targeted and efficient, Mike described the product that the team at Haistack.AI is building. It entails creating three essential models: (1) profiles of lawyers currently working at the firm that is using Haistack.AI in its hiring process; (2) profiles of lawyers working outside that firm; and (3) profiles corresponding to the specific roles for which the firm is recruiting. By comparing the profiles of lawyers previously hired by the relevant practice group and office with the profiles of external lawyers, the algorithm can instantly generate a list of high-potential candidates and an explanation for why those candidates appear to be a good fit. Moreover, the AI will use Lateral Link data to screen out candidates whom the firm has previously considered and determined not to be a fit. Finally, the tool will give some indication of the extent to which the leading candidates are likely to be in demand at other firms seeking to fill similar vacancies, alerting the hiring firm to the need to move quickly where a candidate is likely to be in especially high demand.

With the assistance of the Haistack.AI tool, the recruiter managing the search will immediately see how the algorithm matched a candidate’s qualifications and experience to those of current members of the group. This is where human judgment comes in. The AI accelerates the first step of identifying a shortlist, but the law firm’s recruiting and attorney professionals must assess whether the shortlist fits their needs, through interviews and other more traditional evaluations.

Mike noted that in addition to generating lists of promising candidates, the Haistack.AI tool could also help identify current members of a firm who are in especially high demand relative to what the broader lateral market is seeking. In alerting a firm to attorneys who are at greater risk of leaving, the tool can help nudge a practice group to be more proactive about taking steps to keep valuable team members happy.

AI is not a panacea

Mike also explained the importance of recognizing the limitations of AI and of not buying into the excessive hype that frequently surrounds promising technologies in their early stages. AI will not solve all hiring problems. To take just one example, the inputs for AI models like the ones that Haistack.AI are building are composed of historical data — the models are designed to replicate the firm’s past hiring decisions. To the extent the past hiring was suboptimal, such as through failing to hire qualified diverse candidates, the AI tool will not correct the problem. Instead, it is important for the human users to be thoughtful about patterns in past hiring that they do not wish to replicate and make an active effort to change them.

Associate Market, Associate Tips, Featured, Market News

Back to Normal: A Reality Check on the Associate Lateral Market

If you’re an associate entering the lateral market, I have good news and bad news.  The good news?  Despite all the talk of recession, the lateral market remains open for business.  The bad news?  The days of minimal scrutiny and massive sign-on bonuses are behind us.  For associates whose conception of the lateral market was forged in the chaotic, unprecedented period from late 2020 through mid-2022, a reality check is in order.

Firms have more power now

It’s hard to overstate just how remarkably imbalanced the lateral market was in 2021.  Transactional associates with even average credentials held substantial leverage, often receiving quick offers from multiple firms, complete with sign-on bonuses of $50,000 or more.  Given that the 2021 market was a striking departure from the historical norm, it’s not surprising that the pendulum has swung back to a more typical place.

In 2023, a lateral move requires more strategy and effort.  That starts with the decision about which firms to pursue.  A good recruiter will be honest with you about the firms that are realistic options in light of your credentials.  You can help us help you by being transparent about where you’ve applied and interviewed in the past, and why you’re looking for a change.  If we understand the reasons motivating your search, we can give better advice on which firms are likely to be a match.

Traditional interviews are back

Just as offices are beginning to look more like the pre-Covid normal (at least on Tuesdays and Wednesdays!) the lateral interview process is starting to resemble 2019.

Zoom interviews are no longer the default.  You should expect a “hybrid” process.  Some interviews—especially those with partners—may still be virtual, but you should assume that a visit to the office will be required, even if you don’t live locally.

When interviewing with local firms, you should anticipate at least a half day in person.  If you’re interviewing with a group out of state, be prepared to devote at least a full day to interviews, accounting for travel time.  Try to make yourself as available as possible.  Firms must typically coordinate the schedules of several partners to accommodate your interview, so your flexibility will be appreciated.  Once the interview is confirmed, commit to showing up as promised—only a dire emergency should cause you to ask to reschedule.

Firms are more selective now than they have been in recent years, with multiple candidates typically interviewing for a single opening.  Given the increased competition, preparation is essential.  Know who you will meet, and have a plan for what you hope to achieve in the conversation.  Based on the available background information, can you anticipate any potential sources of rapport with your interviewer?  On what topics might this person have uniquely valuable insight?  Make sure you arrive with some thoughtful, well-tailored questions.

Remember to dress professionally.  In-office dress codes are looser these days than ever, but you should still wear a suit to an interview.  If you haven’t dressed formally in a while, take a moment now to confirm that you have appropriate, well-fitting attire.  And if you’re flying, make sure to pack your interview clothing in your carry-on bag.

Firms are taking their time to extend offers

Back when the market was red hot, firms were forced to make offers exceptionally quickly. Today, it’s customary to take more time.  Some firms may still move fast if there’s a pressing need to do so, but taking a week or longer to put together a written offer is not unusual.  Occasionally, firms may run conflicts checks before a formal offer is made, further delaying the process.  Be patient, but tell your recruiter if you have another offer pending, or some other good reason why an urgent decision is necessary.  Nobody wants to lose a strong candidate over timing, and we can prod firms to speed up where it’s genuinely necessary.

Once you receive an offer, there tends to be little scope for negotiation.  This is particularly true in large markets with lockstep associate salaries.  In some cases, class year may be a point of discussion: if you’re re-tooling to a different practice area, lateraling to a more sophisticated practice, or the scope of your practice is shifting, you may be asked to take a class year “haircut.”  This is standard practice and is often to your long-term benefit.  That said, if you disagree with the firm’s assessment of your level, talk to your recruiter about it.

Before 2021, sign-on bonuses were not standard practice, and today they are once again the exception.  Even so, there are circumstances where it makes sense to ask.  If you’re taking a pay cut to move from Big Law to a regional firm, walking away from your previous year’s bonus, being asked to start on an accelerated timeline, or you have multiple offers, it’s reasonable to attempt to negotiate a sign-on payment.  If you are relocating, it’s common for large firms to pay a “relocation” allowance in the form of a sign-on bonus.  In any case, it’s important to keep your expectations realistic.  You aren’t going to get a $50k+ sign-on bonus as a matter of course.  The typical current range in a large market is more like $10-25k.

Be aware of post-offer expectations

Once you have received an offer, you should inform the firm of your decision as soon as you’ve made it, ideally within a few days.  If a quick decision isn’t feasible (for example, because you’re juggling other interviews or offers), be transparent with your recruiter to enable us to manage the firm’s expectations.  Note that conflicts and background checks can take as long as a few weeks, so it’s best to get that process started as soon as possible.

Upon clearing conflicts and giving notice, it’s standard to start within 2-4 weeks.  If your circumstances require a longer gap, state your request clearly, but be aware that asking for more than a month is generally frowned upon.  Wrapping up a trial you’ve been staffed on or taking a pre-planned vacation are good reasons for requesting a delayed start.

Don’t get discouraged

All of us wish that the post-Covid lateral bonanza could have continued indefinitely.  But that was never going to happen.  Instead of lamenting the reversion to more normal conditions, focus on the positive.  If you commit to a lateral search and approach it correctly, you still have every chance of landing at a firm that will be a better fit.  In the end, that’s what matters most.

Market News, Partner Market, Tips

Partners Assessing a Secondary Market Move: Finding the Right Firm and Office

Back in December, we suggested that the expansion of Am Law firms into new secondary markets may have been the defining Am Law firm story of 2022, and we explained some of the many reasons why partners at Am Law firms in major cities are moving to secondary markets in unprecedented numbers.

As the 2023 partner lateral market comes into focus, we can report that opportunities at Am Law firms in secondary markets remain plentiful. This is especially true for practices that are less dependent on a strong economy such as litigation, antitrust, privacy, data security, intellectual property, employee benefits, and tax.

Secondary market Am Law opportunities may appeal to partners in two categories. First, they may be a fit for partners interested in moving from outside the state to a secondary market, for the reasons described in our December article. Second, they may be attractive to partners already based in a secondary market who see a chance to “trade up” to an Am Law firm that has recently arrived in their city.

If you find yourself in either of these categories, what are the most important factors to consider as you search for the right firm and office?

Practice alignment with office strategy

The most important criterion to assess is how well your practice aligns with the firm’s strategy for the particular secondary office you’re considering. Note that office-level strategy is not the same thing as firm-level strategy!

Typically, when a firm opens in a new city, it will have identified specific priority practice areas and clients (both existing and potential) for the new office. Two office openings from last month offer clear examples. Goodwin launched in Philadelphia, targeting health care, life sciences, private equity, and financial services work. Meanwhile, Davis Wright opened in Culver City with the aim of expanding its entertainment, media, and healthcare practices.

If your practice area aligns with the new office priorities, that’s an excellent sign. Especially where the firm has publicly announced the practices it intends to build, there will be a sense of urgency internally to back up the talk with demonstrable success. If your practice fits into the plan, you can expect the firm to make a real effort to support you. Conversely, if your practice is not a priority for the office in question, think twice. Even if the firm is willing to bring you in, you cannot expect the same level of support as will be extended to partners in the priority practices.

Cross-selling opportunities

A critical component of strategic fit is the extent to which you can reasonably expect to benefit from cross-selling opportunities, both at the local office level and firm-wide.

Cross-selling can sometimes be driven by proximity to key existing and potential clients: the logic is that by being nearby, partners will be positioned to build strong relationships that lead to servicing an increasing proportion of the client’s legal needs. In interviews about the Culver City opening, Davis Wright partners took care to emphasize their focus on creating cross-selling opportunities on LA’s Westside for lateral partners. Similarly, firms opening in Miami—one of the most popular secondary markets for recent Am Law office expansion—are taking care to site their offices as close to priority clients as possible, in some cases securing space in the same prime Brickell developments that are drawing recently arrived leading hedge funds.

Platform benefits

Although office strategy should be at the forefront, it’s also critical to consider the platform offered by the firm as a whole. How valuable would this firm’s platform be for your practice? K&L Gates’s communications around its office opening in Nashville in 2021 highlighted this factor. In the firm’s press release, partners connected the strong local opportunities in healthcare to the firm’s national healthcare practice and emphasized the value of “a fully integrated law firm with the breadth of practice area capabilities, industry insights and knowledge, and geographic reach that K&L Gates offers.” It’s particularly logical that K&L Gates would play up this factor in Nashville, which historically has not drawn interest from Am Law firms with global reach. But platform is an important consideration regardless of your destination.

Talent pool

Access to talent has been a key driver of recent secondary market expansions. That includes not only newly-hired associates and counsels drawn to secondary market offices but also lawyers currently employed by the firm who may stay longer if given the opportunity to transfer. The secondary markets that firms have favored are viewed by many as nice (and cost-effective!) places to live. Consider, for example, Kirkland’s new offices in Boise and Salt Lake City. Another selling point for many secondary market offices is the lack of state income tax. Think Miami, Austin or Seattle.

Talent has also been a key selling point in attracting lateral partners to these new offices. One reason that partners already working in secondary locations are often eager to join firms in the Am Law is because Am Law firms feature a materially more sophisticated legal talent pool, which newly arrived partners can leverage to accelerate their practices. For Am Law firms arriving in secondary markets, depth of talent is a key advantage—this is a dimension on which the regional firms with a longer history in these markets typically cannot compete.

Lateral partner integration

It’s also essential to inquire about and understand your potential new firm’s lateral partner integration plan. Successfully integrating new partners into the firm’s existing practices is in everyone’s best interests, but even so, we’ve witnessed many cases of poorly managed integration.

For an example of a firm vocalizing its commitment to integrating lateral partners, consider Latham’s opening in Austin in 2021. Latham brought in three lateral partners with deep Austin ties to anchor the new office, two from DLA Piper and one from Wilson Sonsini. In the press release, Latham Chair and Managing Partner Rich Trobman spoke of the firm’s intention “to offer clients in Austin the very best of the Latham platform, by combining our new partners’ experience and skill sets with our already deep and successful bench spanning capital markets, venture capital, and private equity.” If you’re considering a lateral move of any kind—but especially to a relatively smaller office—you will want to make sure your new firm is similarly committed to integrating you effectively.

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If you are a partner interested in exploring secondary market opportunities, we invite you to get in touch. Although there are ample partner-level opportunities out there, partner needs are hardly ever posted. Drawing on our longstanding relationships with leading Am Law firms, we make it our business to know who is looking. We assist with interview and business plan preparation, and when you reach the offer stage, we can negotiate on your behalf, minimizing awkward interactions with your soon-to-be partners. Remember, we do this for a living. It’s a wise choice to avail yourself of the benefit of our experience.

Associate Tips, Director, Featured, Tips

Questions to Ask Your Interviewer in a Lateral Interview

Are you a law firm associate preparing for lateral interviews?  If there’s one thing I can guarantee, it’s that your interviewer will ask at some point: “Do you have any questions for me?”  This article will help ensure you don’t meet that invitation with an awkward silence.

Asking thoughtful questions has two benefits.  First, you score points with the interviewer by demonstrating your genuine interest in the firm.  Second, you can elicit useful information to help determine whether the firm is the right fit: don’t forget that you are interviewing the firm, just as the firm is interviewing you.

Asking questions helps create a genuine dialogue

Before delving into what constitutes a good question, it’s worth pausing to talk about the overall interview dynamic.  The most successful interviews are dialogues, not depositions.  Your goal is to establish a natural back-and-forth, with both parties eliciting and conveying information, building on each other’s points.  Don’t feel you need the interviewer’s permission to ask a question.  Instead, play your part in making the interview a genuine conversation.  

Naturally, you want to leave space for the interviewer to ask most of the questions in the first part of the interview.  But there’s no reason to hold all your queries until the end, especially if you have a question that follows directly from something the interviewer has just said.  The more seamlessly you weave in questions throughout the interview, the more likely your interviewer will leave with the impression that it was a great conversation and that spending more time with you would be enjoyable.

Formulating intelligent questions

Whoever said there’s no such thing as a stupid question must not have been talking about law firm interviews.  Taking the time to learn about the firm and formulate some informed, targeted questions is an important part of preparing for your interview.

Speaking generally, good questions tend to invite the interviewer to elaborate on their perspective about a topic that arises in the interview or to share insights from their personal experience.  These questions help build rapport.  Conversely, asking questions that seem overly formulaic or divorced from the interview conversation will tend to damage rapport: you risk giving the impression that either you weren’t listening closely or you weren’t interested in what the interviewer had to say.  Whatever you do, don’t ask for information that is readily available on the firm’s website!

Law firms and in-house legal departments want to hire lawyers who are genuinely excited to join their team.  Asking specific, informed questions that show you’ve diligently researched your interview panel and the firm will demonstrate real interest.  Questions that suggest an appetite to stay for the long haul are especially favored.  Asking about topics like performance reviews, feedback, mentoring, training, and business development signals to the interviewer your interest in building a career at the firm.

Keep in mind that most people — and especially attorneys — love to talk about themselves.  So be sure to ask questions about your interviewer’s practice.  In particular, this is an opportunity to communicate your interest in the firm by asking about information you’re able to find from the interviewer’s web bio, firm website, LinkedIn page, or even public records such as PACER for a litigator or Pitchbook for transactional lawyers.  For instance, if you’re interviewing with a litigation partner, check out the representative matters section of the partner’s web bio and ask about a recent case or investigation they handled.  If the interviewer is ranked in Chambers or Legal 500, mention that you saw the write-up and ask about a deal referenced there.

A particularly savvy form of question, when executed well, is one that both highlights something you bring to the table and confirms that that attribute or experience will be valued at the interviewer’s firm.  This could be a skill, an achievement, or an aspect of your personality.  You can both ask an intelligent question and simultaneously steer the conversation toward a point you wish to make about your interests or qualifications.  An example: “I’ve been fortunate to have the opportunity to take a handful of fact witness depositions at my current firm, which I really enjoyed.  Would the team consider giving me the opportunity to handle more senior tasks if I prove I’m ready for them?”

Remember that your time is limited, so you want to be strategic about how you allocate questions across interviewers.  For example, partners will likely be better equipped to answer questions about the matters and clients you will be staffed on and the firm’s growth trajectory, while associates will be better equipped to answer questions about the firm culture, training, mentoring, and reviews.

What to ask

Below is a non-exhaustive list of sample questions to use as a starting point.  In addition, you should feel free to ask the hiring partner (or the recruiting coordinator) about the next step in the interview process and when the firm anticipates deciding who will advance to the next stage.

Role, Team, and Nature of the Work

  • Is this a growth position or are you replacing someone? 
  • What are your (or the team’s) biggest staffing needs right now?
  • What are you looking for in this role?  For example, what qualities do you think make for a successful mid-level corporate associate at this firm (or on this team)?
  • Will I be working primarily with a particular partner or team?
    • If not, how are associates staffed on matters?
    • If yes, who makes up the team?  Are there particular clients/matters/cases/deals that I will be working on immediately?  Over the next year?

Firm Culture, Clients, and Growth Plans

  • How would you describe the firm’s culture generally and the culture in this practice group?
    • [If interviewing outside of the firm’s main office] Do you think the culture in this office aligns with the culture firmwide?
  • Who are the firm’s biggest clients?
    • Does the firm have institutional clients in [your practice area]?  Or is developing business from new clients emphasized?  
    • How does the firm support and encourage cross-selling within the firm?
  • What can you tell me about the firm’s future plans?  Are there plans to grow, and if so, how do you think the firm will look in the next 5 or 10 years?  Any specific growth plans you can share relating to our practice area?
    • If the firm has recently merged, acquired a firm, or expanded into a new market, work that into your question.  For example, you could say, “I read that the firm recently opened offices in Texas and Miami.  Does the firm have plans to continue expanding in the Southeast?”

Integration, Training, Mentoring, Evaluations, and Promotions

  • How does the firm handle integration of lateral associate hires, both here in this office and firmwide?  Is there a formal integration program or is it more informal?  
  • Do you have any recent lateral hiring success stories you can share?
  • [If the interviewer lateraled to the firm] How was your experience as a lateral hire?
    • How did the firm support your integration?  
    • Were there formal events or was it more informal? 
  • [Ask about success stories for other lateral hires, such as lateral hires who have made partner at the firm.  If you’ll be working with a particular team, consider asking if any lateral hires have made partner from that team or in that practice area.  However, if you get the sense that your interviewer isn’t prepared to answer these questions, don’t put them on the spot.  You can always ask to speak to successful lateral associate hires after you’ve received an offer and are evaluating it.]
  • What training opportunities are available for associates in my practice area?  Is there a formal training program or is it more informal?  Does the firm offer access to outside training resources, such as litigation skills courses offered by the National Institute for Trial Advocacy (NITA)? 
  • How does the group/office/firm handle mentoring (formal and informal)?
  • Does the firm do formal evaluations on an annual or semi-annual basis?  Will I receive more immediate feedback on my work product in between?
  • What is the typical path to partner for a lateral hire?
    • Are there objective criteria/benchmarks that I’ll be expected to achieve to make partner? 
    • [If you are a senior associate] When will I first be eligible for partnership consideration?
Director, Featured

Flexible Staffing for Antitrust Boom

Any way you slice it, antitrust is a booming practice area.  A year ago, Bloomberg Law projected that antitrust would be a top practice set to power Biglaw growth in 2022 and beyond.  The wisdom of that prediction was reinforced by what turned out to be an immensely competitive lateral market for antitrust partners, with a string of high-profile lawyers changing firms.  The 2022 lateral market was so strong that even partners without portable books of business were a hot commodity.  In 2023, the FTC has already proposed a broad ban on non-compete agreements, and the FTC and DOJ appear ready to issue revised merger guidelines based on last year’s “joint public inquiry aimed at strengthening enforcement against illegal mergers.”

As law firms confront an influx of major antitrust matters, some of which will arise on short notice, flexible staffing is playing an important role in serving clients efficiently and effectively.  Given this need, Bridgeline Solutions, a Lateral Link company, recently established a dedicated Antitrust Practice Group co-chaired by Bridgeline’s CEO, Craig Brown, and one of its senior executives, the Group’s Managing Director, David Copeland.  Craig is a former government attorney who practiced as an antitrust attorney with Kaye Scholer, the same firm at which David was a Chambers-ranked antitrust counselor for 25 years, including 15 years as a partner.

Although Bridgeline Solutions’ services have included antitrust since the company’s inception, the booming activity in this vital area drove the decision to establish a standalone Antitrust Practice Group.  The Group will advise on best practices in all areas of antitrust and will staff and manage Second Requests.  Additionally, the Group will continue to provide premier Biglaw-trained antitrust attorneys to assist on mergers as well as non-merger substantive antitrust matters.

The Antitrust Practice Group will also continue to assist in educating the public and practitioners in antitrust law and its evolution.  For example, Craig and David were instrumental in procuring Jonathan Kanter, Assistant Attorney General of the Antitrust Division of the Department of Justice, as the keynote speaker for the 2022 Milton Handler Lecture at the NYC Bar Association.  In delivering this Lecture, AAG Jonathan Kanter sharply criticized the “consumer welfare standard” that has been the hallmark of civil antitrust enforcement since the 1980s.  Instead, Mr. Kanter signaled that the Antitrust Division would prioritize “protecting competition” under his leadership.  “Companies that test our resolve . . . do so at their own risk and will continue to confront aggressive antitrust enforcement. As one of my predecessors explained, some deals should never leave the boardroom.”

After much anticipation, that tough talk is now translating into action.  In October, the DOJ successfully blocked Penguin Random House from acquiring Simon & Schuster.  In December, the Federal Trade Commission sued to block Microsoft’s $69 billion acquisition of video game publisher Activision, an ambitious effort that illustrates Chair Lina Khan’s willingness to bring cases that may be difficult to win. Law firm and corporate legal department leaders who wish to learn more about the Bridgeline Solutions Antitrust Practice Group’s services are invited to contact Craig Brown (917-551-0711) and/or David Copeland (570-517-1759).

Associate Market, Director, Featured, Market News, Newsletters, Partner Market

Lateral Attorney Hiring in a Softening Economy: Diverging Trends Across Practice Areas

2022 saw a pullback in lateral attorney hiring, as inflation and high interest rates slowed corporate and lending activity, and as law firms found themselves overstaffed after record hiring in 2021.  Unfortunately, we have also seen recent associate layoffs, mainly by firms particularly dependent on the currently beleaguered tech sector.  Despite these developments, overall lateral attorney hiring levels are currently more reflective of pre-pandemic lateral attorney hiring than a full-fledged recession.

Certain practices and industry sectors have featured continued demand for mid- through senior-level associates, counsel, and partner-level attorneys.  As we enter 2023, depending on the length of the economic slowdown and whether inflationary pressures subside, we would ideally see a continuation of current lateral attorney hiring levels followed by an uptick later in the year, tracking a resurgence in business activity.

2022 Lateral Hiring Trends Compared to Previous Years

With 2021’s economic recovery spurring exorbitant deal-flow, associate hiring increased to historically high levels, especially in transactional practice areas.  In 2022, there was a 20% year-over-year decrease in lateral associate hiring by Am Law 200 firms, with 8,116 total hires compared to 10,179 hires in 2021.  In the second half of the year, as the economic slowdown became more evident, there was a 45% year-over-year decrease in Am Law 200 associate hiring versus 2021.

While the 2022 decrease in Am Law 200 law firm associate hiring was substantial compared to the aberrational hiring levels during the same time period in 2021, when putting these numbers into historical context, 2022 associate hiring levels were consistent with those in the years preceding the pandemic when the economy was relatively healthy.  Am Law 200 associate hiring in the second half of 2022 was 7% higher than the five-year average for the same period during the pre-pandemic years of 2015 through 2019.  Mirroring the resilience of the broader labor market, the lateral attorney hiring market endures, although practice area demand has adjusted due to distress in certain segments of the economy.

Corporate Transactions, Finance, and Real Estate

The economic challenges of 2022 have had the most impact on corporate transactional practice areas.  There was a precipitous decline in deal activity in 2022, including a fall in strategic M&A and capital markets offerings due to interest rate increases and market volatility.  2022 had the lowest Q4 global M&A deal volume in the last six years.  Even so, private equity-backed M&A remained steady, with PE leveraged buyouts notching their second-busiest year in a decade.  Deal activity was driven by PE firms holding record levels of committed capital (“dry powder”), attractive target company pricing, and private debt fund financing.

These market developments are reflected in 2022 lateral attorney hiring and in current demand.  We are seeing very few mid-level M&A associate openings in public company and strategic M&A-centric corporate practice groups.  However, we still see consistent openings for mid-level private equity M&A associates with corporate practice groups representing large-cap and upper middle market PE sponsors.

Associates experiencing a slowdown in non-PE M&A corporate practice groups may wish to explore such PE M&A associate positions, as strategic M&A primary and ancillary document drafting experience is directly transferable.  Capital markets and securities associate hiring has diminished substantially more than M&A, with very few openings nationally.  Due to rising interest rates, stock market volatility, and lending costs, the IPO and global debt offerings markets collapsed to historic lows in 2022.  While we have not yet seen many publicly acknowledged layoffs of corporate M&A or securities associates, there were reports of stealth layoffs during this past review season.

Tech and emerging companies and venture capital (ECVC) corporate practice groups were perhaps the most detrimentally impacted by the global economic downturn in 2022.  Rising interest rates and borrowing costs, lower stock prices, geopolitical tensions, and other factors have halted tech company expansion, spurred austerity measures, and caused VC funding to fall to pandemic period lows.  Over the past two quarters, the decrease in demand for tech company legal guidance has led to associate and staff layoffs in practice groups servicing tech companies and VC sponsors.  Associates affected by these layoffs may look to transition into other corporate practice areas in which their core corporate transactional experience would be transferable.

While on a smaller scale than in 2021, we are still seeing demand for mid- through senior-level commercial finance associates. As leveraged finance transactions by investment banks have retrenched, private equity firms have increasingly turned to the private credit market to finance acquisitions, thereby providing a steady deal-flow for certain commercial lending practice groups.  There have also been recent lateral associate structured finance and securitization openings, though demand has decreased significantly since 2021 due to slow growth and higher interest rates.

Investment funds groups are still hiring relatively actively, with openings for associates across all levels.  While private equity, venture capital, and other fundraising slowed significantly in 2022, certain sectors have remained busy.  Real estate fundraising slowed while investment in infrastructure and energy funds remained active relative to previous years.  Further, although private equity firms and other sponsors are taking longer to raise capital in the current environment, that does not substantially decrease the amount of legal structuring or regulatory guidance needed for active fund management. Because fewer associates have funds training, relative to other corporate specialties, many investment funds practice groups are short of talent.

In Real Estate, we are still seeing demand for mid- through senior-level lateral associates, with steady commercial deal activity and some high-performing asset classes.  For example, in Q3 2022, although commercial real estate deal activity was down compared to the same quarter in 2021, deal activity was 6% higher than in Q3 2019.  Transactions involving industrial property have been particularly active due to the continued growth of e-commerce and inventory surpluses from supply chain constraints.

Litigation

Litigation is less sensitive to recessions and decreased corporate activity, exhibiting reduced but stable demand for lateral associates this past year.  Litigation was the second-best performing practice area in 2022, with midsize firms seeing a slight uptick in litigation demand and many experts predicting an uptick in M&A disputes for 2023.  We are seeing litigation lateral associate positions fairly evenly divided between: (1) general commercial and tort litigation (breach of contract, products liability related class actions); and (2) white collar criminal (particularly False Claims Act-focused) and other securities and antitrust litigation.

Litigation practice leaders are anticipating increased government enforcement in 2023, with a quicker pace of proceedings following two years of the Biden administration adding personnel and instituting new policy directives.  Law firm practice leaders and plaintiffs’ attorneys are also anticipating increased consumer privacy class action activity, with large tech companies recently having agreed to substantial public consumer class action settlements.

IP

Intellectual property litigation has remained busy, and firms have significantly invested in partner and associate hiring, banking on IP as a practice that is less elastic to economic conditions.  Courts are seeing an influx of patent cases that built up during the pandemic.  In addition to litigation involving the more commonly disputed technologies, such as software, semiconductors, and electronic devices, new technologies such as artificial intelligence, autonomous vehicles, and battery technologies are emerging in patent disputes.

Given the scarcity of IP associates with the requisite engineering backgrounds, we have seen continued patent prosecution lateral associate positions, though in much lower volume than IP litigation openings.  Global patent filings have seen a significant decrease over the past year due to the economic slowdown, with companies seeking to avoid patent filing costs and maintenance fees.

With respect to life science patents, we are seeing associate openings in both prosecution and litigation.  Biotech, pharmaceutical, and healthcare companies have continued filing patents and were bolstered by some pandemic-derived technologies, including developments in vaccines, immunology, and telemedicine.

Countercyclical Practice Areas: Restructuring and Labor & Employment

While we have seen an uptick in restructuring associate positions, openings have not risen to the level we typically see during major economic downturns.  There were a significant number of corporate bankruptcy filings in 2022, but Chapter 11 filings have remained slow since 2021.  Prior to 2022, government stimulus programs, low borrowing rates, and high debt forbearance contributed to the corporate bankruptcy filing slowdown by assisting distressed companies.  As these protections dissipate, law firms are fielding more inquiries from clients of over-leveraged companies.  Crypto, life sciences, and healthcare are primary sectors currently driving restructuring.

Labor and employment is another hallmark countercyclical practice area, as layoffs and other workforce changes can drive increased employment litigation.  There is particularly strong demand for associates experienced in wage and hour class and collective actions as well as discrimination cases.

While the lateral attorney job market is broadly experiencing a slowdown, certain practice areas have persistent need for top associate talent.  Should the economy achieve a soft landing, we hope to see the reemergence of transactional practice area hiring in 2023.