Associate about to Be Let Go Unsure How to Handle Reason for Leaving in Interviews

Answer:

This is perhaps one of the most difficult (and grayest) areas that comes up in attorney job searches. Given the slowdown in the economy, "stealthy layoffs" are occurring much more frequently. (The fact that you did not sign a non-disclosure/severance agreement removes a thorny issue from consideration here, which I can address in a different Q&A if anybody wants to know.)


Thus, I'm not surprised at all that you are receiving conflicting advice. Many people feel strongly that you should volunteer this information, while many others feel strongly that you are under no obligation to voluntarily disclose it. I will explain some of the common arguments on both sides and then provide my personal opinion at the end.

1. Common Arguments Made by Those in Favor of Voluntary Disclosure:

Although you were asked to leave because of a downturn in work, the fact that you were laid off should be considered material information that a potential new firm would certainly want to know when evaluating your candidacy.

The legal community is small, and odds are the reason you were asked to leave will become known to your prospective employer at some point. This is even more likely to happen if people at your current firm know people at your future firm.

Credibility is everything. If you are interviewing with a firm and the people there find out (without you telling them) that you were asked to leave, they may question your credibility and doubt the sincerity of everything else you told them during the interview. If the new firm finds out the truth after it hires you, the hiring partners may feel as though they were misled during your interview. They might feel that although they didn't ask if you were laid off, it's still something you should have disclosed.

Don't listen to what your current firm tells you about not disclosing this information. It is concerned that you will tell other employers that work is slow, which could imply that the group is having major problems. It is protecting and looking out for its reputation. Don't risk your credibility because of this issue.

If you were thinking of hiring somebody, wouldn't you want to know why that person was leaving his or her current position?

While you may not feel comfortable volunteering this information at the beginning of your interviews, and could risk raising a negative inference about your candidacy, it is much wiser to come clean with the information at the beginning. By doing this, you will be showing strong character and that you are trustworthy, two of the most important things employers look for in attorneys.

2. Common Arguments Made by Those Against Voluntary Disclosure:

By keeping you on the website and telling you not to disclose that you were asked to leave, your current firm has specifically taken steps to ensure that you won't have to disclose this information. The partners understand that there is a strong bias against people who have been asked to leave (even if it was due to workflow issues), and they feel that it would not be fair for you to have to disclose this information since you were let go because of a workflow issue that was their fault and not yours. As long as you are still employed by your current firm and your interviewer doesn't ask whether you were laid off, that's all that matters.

If you were asked to leave for performance-related issues, that's one thing. But this was due to workflow issues, which are totally out of your control. Thus, because it does not reflect your performance, it's not really relevant to assessing your abilities as a lawyer.

The interviewing firm has a duty to ask for information that it deems relevant, and if it deems whether you were asked to leave your current position relevant, it will certainly ask about the issue.

If you volunteer information that is often perceived as negative without being asked, the interviewing firm might question your judgment. Rather than seeing you as honest, the hiring partners might think you are naïve. (Litigators never disclose - up front - negatives about their cases without being asked.)

3. My Opinion:

After seeing this type of scenario play out in numerous ways, I am in strongly in favor of full disclosure, even if you are afraid that volunteering the information up front may hurt your chances of being hired.
 

• See Top Ten Interview Questions for more information
• See Interviewing Tips for more information

The phrase "the truth will set you free" is very applicable to interviewing. If you go into an interview trying to hide the truth or hoping it won't come up, you will not interview as well because your energy will be focused on protecting yourself from being "found out" rather than on showing the new firm why you are a strong candidate. A subtle but markedly different energy will come through. Plus, Murphy's Law dictates that what you're trying to hide will be found out.

Some people have said things like "Law firms usually don't voluntarily disclose the negatives about their firms without being asked, so why should I?" But two wrongs don't make a right. Just because law firms don't disclose their negatives, it doesn't mean you have to play the same game.

I think the conundrum you are facing is caused by a larger problem in the industry. There is a bias against attorneys who have been asked to leave, and I can understand why it's an issue employers want to vet to ensure they are not inheriting another firm's "problem."

Some laid-off candidates are asked to leave because of problems, but some are still very good performers and are the victims of circumstance. Even those who are good performers may still run into the following perception: "If this person was really a superstar, the firm would have found a way to keep him/her around."

Certain law firms continue to reinforce the negative stigma by automatically dismissing candidates because they were asked to leave. Due to the repercussions (and embarrassment) that accompany being asked to leave and the massive pressures candidates are under while looking for new jobs after being asked to leave, they are understandably scared of severely hurting their chances during interviews. That being said, given the slowdown in the economy and the higher frequency of these stealth layoffs this year, the industry is becoming much more understanding of the fact that many excellent attorneys are simply unable to be "fed" by their firms, and one firm's loss can truly be another's gain.

All in all, I think the best thing you can do is come forward with the information, but express it the right way. Don't just say, "I was asked to leave." Instead, provide the interviewers with more context that explains the circumstances that were out of your control. Also, highlight the facts that you received good performance reviews and have good references.

Based on what you are telling me, this was not in any way your fault; you were a victim of circumstance. As such, you need to make that clear when you interview. If you present this the right way, the firm will likely appreciate your honesty, and hopefully, if everything else is a fit, it will still be interested in continuing discussions. At the very least, the firm will appreciate your honesty and character, which goes a long way.

See the Top 32 Reasons Attorneys Lose Their Jobs Inside of Law Firms to learn some of the most common reasons attorneys are fired or let go from law firms.

If a firm automatically dismisses your candidacy after you disclose that you were asked to leave for non-performance-related issues, this does not reflect well on the firm's ability to look beyond the surface of candidates, and thus, it may not be the type of place you would want to work for anyway.

As I mentioned above, I've seen attorneys handle this situation in a lot of different ways, with a lot of different results. I can confidently conclude that up-front, voluntary honesty is by far the best policy for everybody involved. It's certainly not the easiest approach to follow (and you will easily find peers who will reinforce your inclination to keep quiet), but trust me, in the long run, honesty really is the best policy.

Good luck to you, and thanks for the great question.

Learn why attorneys usually fail law firm phone-screening interviews in this article:
 

• Why Most Attorneys Fail Telephone-Screening Interviews

See the following articles for more information:
 

• Top 23 Law Firm Interview Tips: How to Excel in Law Firm Interviews
• 21 Major Interview Mistakes to Avoid at All Costs
• The Best Way to Prepare for a Job Search and Interviews
• How to Talk About Other Interviews in Your Interviews
• How to Answer the Tell Me About Yourself Interview Question
• How to Answer the Do You Have Any Questions for Me Interview Question
• Had a Great Interview But Have Got No Response to My Thank-You Emails
• What Does It Mean if I Haven't Heard Anything Back from an Application/Interview in a Couple Weeks?
• What to Wear to a Lunch Interview?
• How to Effectively Interview Lateral Candidates: Pointers for Law Firms
• The Interview Post-Mortem: Don't Forget Your Thank You Notes!
• The Secret to Effectively Sharing Concerns about Your Current Employer without Committing the Most Common Interview Blunder
• How to Conduct Yourself During a Lunch Interview

 


About Harrison Barnes

No legal recruiter in the United States has placed more attorneys at top law firms across every practice area than Harrison Barnes. His unmatched expertise, industry connections, and proven placement strategies have made him the most influential legal career advisor for attorneys seeking success in Big Law, elite boutiques, mid-sized firms, small firms, firms in the largest and smallest markets, and in over 350 separate practice areas.

A Reach Unlike Any Other Legal Recruiter

Most legal recruiters focus only on placing attorneys in large markets or specific practice areas, but Harrison places attorneys at all levels, in all practice areas, and in all locations-from the most prestigious firms in New York, Los Angeles, and Washington, D.C., to small and mid-sized firms in rural markets. Every week, he successfully places attorneys not only in high-demand practice areas like corporate and litigation but also in niche and less commonly recruited areas such as:

• Immigration Law
• Workers Compensation
• Insurance
• Family Law
• Trust and Estate
• Municipal law
• And many more...

This breadth of placements is unheard of in the legal recruiting industry and is a testament to his extraordinary ability to connect attorneys with the right firms, regardless of market size or practice area.

Proven Success at All Levels

With over 25 years of experience, Harrison has successfully placed attorneys at over 1,000 law firms, including:

• Top Am Law 100 firms such including Sullivan and Cromwell, and almost every AmLaw 100 and AmLaw 200 law firm.
• Elite boutique firms with specialized practices
• Mid-sized firms looking to expand their practice areas
• Growing firms in small and rural markets

He has also placed hundreds of law firm partners and has worked on firm and practice area mergers, helping law firms strategically grow their teams.

Unmatched Commitment to Attorney Success - The Story of BCG Attorney Search

Harrison Barnes is not just the most effective legal recruiter in the country, he is also the founder of BCG Attorney Search, a recruiting powerhouse that has helped thousands of attorneys transform their careers. His vision for BCG goes beyond just job placement; it is built on a mission to provide attorneys with opportunities they would never have access to otherwise. Unlike traditional recruiting firms, BCG Attorney Search operates as a career partner, not just a placement service. The firm's unparalleled resources, including a team of over 150 employees, enable it to offer customized job searches, direct outreach to firms, and market intelligence that no other legal recruiting service provides. Attorneys working with Harrison and BCG gain access to hidden opportunities, real-time insights on firm hiring trends, and guidance from a team that truly understands the legal market. You can read more about how BCG Attorney Search revolutionizes legal recruiting here: The Story of BCG Attorney Search and What We Do for You.

The Most Trusted Career Advisor for Attorneys

Harrison's legal career insights are the most widely followed in the profession.

• His articles on BCG Search alone are read by over 150,000 attorneys per month, making his guidance the most sought-after in the legal field. Read his latest insights here.
• He has conducted hundreds of hours of career development webinars, available here: Harrison Barnes Webinar Replays.
• His placement success is unmatched-see examples here: Harrison Barnes' Attorney Placements.
• He has created numerous comprehensive career development courses, including BigLaw Breakthrough, designed to help attorneys land positions at elite law firms.

Submit Your Resume to Work with Harrison Barnes

If you are serious about advancing your legal career and want access to the most sought-after law firm opportunities, Harrison Barnes is the most powerful recruiter to have on your side.

Submit your resume today to start working with him: Submit Resume Here

With an unmatched track record of success, a vast team of over 150 dedicated employees, and a reach into every market and practice area, Harrison Barnes is the recruiter who makes career transformations happen and has the talent and resources behind him to make this happen.

A Relentless Commitment to Attorney Success

Unlike most recruiters who work with only a narrow subset of attorneys, Harrison Barnes works with lawyers at all stages of their careers, from junior associates to senior partners, in every practice area imaginable. His placements are not limited to only those with "elite" credentials-he has helped thousands of attorneys, including those who thought it was impossible to move firms, find their next great opportunity.

Harrison's work is backed by a team of over 150 professionals who work around the clock to uncover hidden job opportunities at law firms across the country. His team:

• Finds and creates job openings that aren't publicly listed, giving attorneys access to exclusive opportunities.
• Works closely with candidates to ensure their resumes and applications stand out.
• Provides ongoing guidance and career coaching to help attorneys navigate interviews, negotiations, and transitions successfully.

This level of dedicated support is unmatched in the legal recruiting industry.

A Legal Recruiter Who Changes Lives

Harrison believes that every attorney-no matter their background, law school, or previous experience-has the potential to find success in the right law firm environment. Many attorneys come to him feeling stuck in their careers, underpaid, or unsure of their next steps. Through his unique ability to identify the right opportunities, he helps attorneys transform their careers in ways they never thought possible.

He has worked with:

• Attorneys making below-market salaries who went on to double or triple their earnings at new firms.
• Senior attorneys who believed they were "too experienced" to make a move and found better roles with firms eager for their expertise.
• Attorneys in small or remote markets who assumed they had no options-only to be placed at strong firms they never knew existed.
• Partners looking for a better platform or more autonomy who successfully transitioned to firms where they could grow their practice.

For attorneys who think their options are limited, Harrison Barnes has proven time and time again that opportunities exist-often in places they never expected.

Submit Your Resume Today - Start Your Career Transformation

If you want to explore new career opportunities, Harrison Barnes and BCG Attorney Search are your best resources. Whether you are looking for a BigLaw position, a boutique firm, or a move to a better work environment, Harrison's expertise will help you take control of your future.

Submit Your Resume Here to get started with Harrison Barnes today.

Harrison's reach, experience, and proven results make him the best legal recruiter in the industry. Don't settle for an average recruiter-work with the one who has changed the careers of thousands of attorneys and can do the same for you.

About BCG Attorney Search

BCG Attorney Search matches attorneys and law firms with unparalleled expertise and drive, while achieving results. Known globally for its success in locating and placing attorneys in law firms of all sizes, BCG Attorney Search has placed thousands of attorneys in law firms in thousands of different law firms around the country. Unlike other legal placement firms, BCG Attorney Search brings massive resources of over 150 employees to its placement efforts locating positions and opportunities its competitors simply cannot. Every legal recruiter at BCG Attorney Search is a former successful attorney who attended a top law school, worked in top law firms and brought massive drive and commitment to their work. BCG Attorney Search legal recruiters take your legal career seriously and understand attorneys. For more information, please visit www.BCGSearch.com.