Tag Archives: Matthew Rosenberg

Remote Biglaw Positions: Separating Fact from Myth

Besides the pandemic itself, perhaps no topic has dominated recent conversation among white-collar professionals like working from home. The upsides. The downsides. How long it will last. Whether the nature of work has changed forever. Everyone has an opinion and a preference.

For most of 2020 and early 2021, the remote work debate didn’t have much immediate practical implication. Like it or not, Biglaw attorneys were mainly working from home. But now that offices are reopening, lawyers face a choice: either accept whatever new policy their firm is adopting or look to move to a firm that better aligns with their preferences.

Varied expectations for office presence

By now firms have generally re-opened their U.S. offices, with summer attendance guidelines ranging from voluntary at firms like Ropes & Gray to “strongly encouraged” at firms like Sullivan & Cromwell. As for the fall, firms have articulated varying expectations. Paul Hastings has said it expects all attorneys to work from the office as a “default” policy. Several firms have specified a minimum number of office days each week: Skadden’s expectation of at least three days per week is typical. Nixon Peabody is offering a range of configurations, including 100% remote arrangements for some lawyers.

Many firms have presented their guidelines as applying from September through the end of 2021, avoiding longer-term commitments. That makes sense in an environment where firms understand the tight market for talent will require them to offer flexibility but it remains to be seen how much.

So where does that leave the typical associate? For those who prefer to work from the office, there isn’t much to worry about. Few firms are going to discourage a lawyer who wants to spend every weekday in the office from doing so. But for those who have enjoyed working from home and are not eager to resume office life, it’s a tougher call. You can sit tight and hope that market pressures will ultimately force your firm to permit frequent, if not total, remote work. Or you can try to lateral now to a firm that is committed to offering officially remote roles.

For those considering such a move, we at Lateral Link think it’s important to separate fact from myth when it comes to remote positions in Biglaw. We’re hearing from many associates who are keen to maximize flexibility but are not well-informed about the state of the market.

Myth: Many Biglaw firms are offering remote positions

In fact, most firms are not offering fully remote roles. There is a lot of misinformation on this point, driven in part by recruiters incorrectly telling candidates that a firm is open to remote work when the reality is different. You should understand that firms offering fully remote positions are outliers, at least for now.

Myth: Openness to remote work is the same across major markets

Law firms tend to be influenced by the cultural norms of their client base, so it’s not surprising that a split on remote work is emerging between east and west. In New York, most of the banks that serve as anchor Biglaw clients are calling their staff back to the office this summer, and most New York firms want their lawyers largely back in the office in September. In contrast, the tech companies that drive the Bay Area economy are taking a more favorable view of long-term remote work, and at least some Bay Area law firms are following their clients’ lead.

Myth: You can work remotely for a law firm located in another country

Hiring employees in a given state or country has tax implications for the employer. And in the case of transnational work, there may also be work authorization restrictions to consider. Even within the United States, remote roles are often limited to particular states where the employer has made provision to operate. So no, if you are a lawyer living in the United States, you very likely cannot work remotely for a firm outside the United States. And similarly, remote roles for American firms paid through American payroll are limited to United States residents with the legal authorization to work in the United States.

Lateral Link can help lawyers navigate the evolving market

It remains to be seen what the typical Biglaw workweek will look like a year from now. Based on what most firms are saying today, it will probably involve some days in the office and some days at home. That likely means that moving far from a major city will, for many lawyers, continue to require the tradeoff of leaving Biglaw practice.

However, we expect that policies will continue to evolve as firms survey the competitive landscape and (re)position themselves accordingly. In such a fluid situation, it’s especially important to have an advisor who is in constant contact with a range of firms and can give you accurate information about how the market is trending. If you are thinking about switching to a firm that better matches your remote work preferences, Lateral Link is happy to discuss the options with you.

International Lateral Moves

You might expect Biglaw firms to be reluctant to hire associates from one country for roles in a different country. Cross-border moves are inherently more complicated than hiring an associate from across the street. There are visa considerations, bar admission hurdles, even cultural challenges.

But in fact, despite the possible obstacles, the market for cross-border hiring is booming. In particular, Biglaw offices in the United States are increasingly open to bringing on foreign candidates. And lawyers from other common law countries are realizing the advantages of gaining experience in the American market. Building a professional network while working on the highest-value, most complex deals in the world pays dividends throughout one’s career, whether the lawyer stays in the United States permanently or moves back home. Lucrative American Biglaw salaries are also a plus (though you’ll need to tolerate high hours expectations in exchange).

If you are a well-credentialed attorney working in Canada, Australia, London, Asia, or the United States, now is a great time to consider an overseas move. And Lateral Link can help.

Growing demand for cross-border hires

International lateral hiring is not a new phenomenon. We have previously written about it in the context of moves between Canada and the United States. But relative to prior years, the level of interest among firms in hiring from overseas has escalated dramatically in 2021. Firms that have made these hires in the past are looking to bring in candidates in larger numbers. And firms that previously ruled out such hires are suddenly embracing the overseas model.

What explains firms’ growing openness to foreign lawyers? The biggest factor is that local candidates are in short supply. Many firms instituted hiring freezes or layoffs last spring, only to see unexpectedly strong demand for their services in the second half of 2020. All at once, firms have found themselves playing catch-up in a highly competitive market.

The talent squeeze is especially acute in the most expensive cities, such as New York and San Francisco. As with professionals more generally, the pandemic has caused many lawyers to reevaluate their circumstances and in some cases make major life changes. One of the most common has been to move away from high-priced urban centers. That has left firms with slots to fill in the largest markets facing a reduced talent pool. As a result, many are exploring creative solutions like hiring from abroad.

Another important factor is that cross-border hiring is working well for the early adopters. Firms have seen their peers succeed with this model, and that has given them confidence to jump on the bandwagon. The trend is catching on broadly: Lateral Link has worked with dozens of firms this year on international lateral searches.

There are some caveats to keep in mind. First, even in this tight market, firms still expect solid academic credentials, as well as strong and relevant substantive experience. Second, visa restrictions can be an obstacle. On the visa front, Canadians and Australians looking to move to the United States have an advantage. Canadians are eligible for the automatic 3-year TN visa issued at the port of entry; Australians can obtain an automatic E-3 visa prior to traveling to the United States. Candidates moving to the United States from other countries require employer sponsorship, which can be more challenging.

But for candidates who can surmount those hurdles, opportunities abound. There is demand for lawyers at various seniority levels, ranging from second-year associates up to senior associates and counsel. Firms are especially eager to hire in transactional practices such as M&A and finance. Capital markets demand is also growing. Tax and litigation opportunities are more limited, as these practices don’t cross borders as easily. Local bar admission is not necessarily a prerequisite, though of course candidates who already have it are especially desirable.

Lateral Link has specialized capabilities for cross-border lateral moves

If the prospect of a cross-border move is intriguing to you, please note that Lateral Link has a team of experienced recruiters specializing in international lateral hiring. Our primary markets are Canada, Australia, London, Asia and the United States. We work with candidates moving between any of these geographies. Firms specifically reach out to Lateral Link asking for candidates from these markets because they know our team has local expertise. We are constantly sitting down with partners to learn more about their hiring needs.

I lead our international group and bring particular knowledge of the Canadian and Australian markets. I have specialized in international moves for the past six years, and as a result, I’ve gained a strong understanding of which firms and practice groups are open to foreign candidates. I strongly advise candidates considering an international move to seek out recruiters who understand both the origin and destination markets. Real knowledge of both markets is critical to finding the right fit and ensuring a smooth transition. Lateral Link brings the necessary depth of expertise to navigate these moves successfully.

Canada

Firms considering a hire from the Canadian market frequently call me even if I am not working with the candidate because they trust my assessment of Canadian legal backgrounds. Lateral Link primarily places Canadians into the United States or London. We also place American associates into the Canadian market. Candidates interested in moving to or from Canada should contact me or my colleagues, Elizabeth Soderberg or Andrew Clyne.

Australia

As with Canada, we mainly place Australians into the United States or London. We also assist Australians with moves to Asian markets such as Hong Kong and Singapore. Australian candidates should contact me or Zach Sandberg.

London

In the London market, we mainly assist U.S.-qualified associates with moves to London and UK-qualified associates with moves to Asia. We sometimes place UK nationals into the United States, but this is more challenging due to the need for visa sponsorship. Our experts on the London market are Abby Gordon and Andrew Clyne.

Asia

The majority of our Asia work involves placements of Americans into Hong Kong or Singapore. One notable feature of Asian markets is that lateral opportunities are available for litigators who have local language skills. For transactional associates, language skills are highly valued, but they are not an absolute requirement. As with London, placements of Asian nationals into the United States are less common, due to visa requirements. Candidates interested in Asia moves should contact Justin Flowers or Andrew Ng.