How to Avoid Being Unmarketable as an Attorney: Essential Strategies for Career Longevity

 

Common Mistakes That Impact Marketability

 

Frequent Job Changes

Frequent job changes are a significant red flag for employers. If you've switched jobs multiple times in a short period, it indicates instability. Law firms want to invest in attorneys who are likely to stay long-term.

Example 1: The Yale Law Graduate's Frequent Moves I had one woman who had been at Sullivan & Cromwell. She had gone to Yale Law School and was first in her class at Ohio State or some other large school with about 50,000 students. After that, she went out to Silicon Valley, took a job at another firm, and then wanted to get a job at a third firm. Even though her practice area was really in demand, people just weren't fighting over her, and it's a pattern that's seen across the board.

Example 2: The Judicial Clerkship Maze Another candidate started out at Skadden. He had gone to Penn for law school, was at the top of his class, and had been there for two or three years before he went on to do a series of judicial clerkships—one after the other, each for a year. When he finally tried to get a job again, despite his qualifications, the fact that he had left his job and done four different clerkships made him look unstable. The only job he could get after that was in insurance defense. And, by the way, I wasn't the one who got him that job in insurance defense. It's very sad because he just wasn't able to break out of that after those moves. Normal law firms were no longer interested in him because he had moved too much.
 

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See Related Articles:

• Avoid These 10 Common Pitfalls to Stay Marketable as a Lateral Law Firm Attorney
• Top 10 Career Mistakes Lateral Attorneys Make and How to Avoid Them for a Thriving Law Firm Career
• 21 Reasons You Will Never Get a Job with a Major Law Firm Now (or Ever Again)

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Being Unmanageable

Being unmanageable is another significant issue. Law firms look for attorneys who can take direction, perform assigned tasks diligently, and adapt to the firm's needs. Those who resist being managed or have a history of conflicts with authority figures are less likely to be hired.

Example 3: The Unhappy Silicon Valley Attorney This was exactly the case with that woman from Yale Law School who was working in Silicon Valley. She was upset because she thought she was too smart to be given certain types of jobs and work at the firm. People interviewing her for new positions didn't know that was the case, but I did because I had spoken to her. Different people are just difficult to manage—they may not do work the way they're supposed to, or they may have other issues. But when a law firm sees frequent changes on a resume, that's what they think. They assume there could be issues with the person, meaning the person is never happy, always thinks they're undercompensated and is constantly looking for more money, or needs to be treated a certain way because of where they went to law school or something similar.

Example 4: The Partner Who Kept Moving Not too long ago, I had a woman who was an eighth- or ninth-year associate and had been at five different firms. No one was going to be interested in her after she'd been at five different firms. She told me that the reason was that she kept moving with the same partner every time, and he kept leaving each firm because they would hire him, guarantee him a certain level of
compensation, and then agree to renegotiate it after the second year. But when he never got what he wanted, he would leave.

• See Also: How Law Firms and Other Hiring Organizations Can Determine if an Attorney Can Be Managed

Unresolved Personal Issues

Personal issues, such as substance abuse or psychological problems, can also affect marketability. Law firms are wary of hiring individuals with unstable personal lives.

Example 5: The Crystal Meth Downfall One woman was very quietly asked to leave firms because of her crystal meth problem. The only way I found out was through one of her friends, who referred him to me as a graphic designer. He had done some graphic design work, and then he called me about her and said she had this serious problem. She kept getting asked to leave firms, and in her case, it was just unbelievable. She started her career at Skadden, and eventually, she became homeless, living on the streets of L.A. She came into my office one day barefoot, with her friend, and asked me to cash a check she'd found. It was just a shocking situation.

Example 6: The Alcoholic Partner Another attorney in Los Angeles who started off as a partner in a pretty good law firm. He had gone to a great law school—maybe Michigan or something like that—but he was an alcoholic, and that caused him a lot of problems. He was leaving the office at 3 p.m. every day to go drink, and eventually, it caught up with him. The law firm would quietly let him go, and he'd find another firm, but this pattern continued for years, and he kept moving down to smaller and smaller law firms because of these issues.

Example 7: The Perpetual Maternity Leave Other people have psychological issues that can be serious enough to prevent them from working. They may claim deaths in the family or other unverifiable personal problems wherever they go. For example, there was one woman in New York who kept having babies—almost one a year. She ended up with a lot of moves on her resume, not because of discrimination, but because she kept leaving. A lot of times, people with personal issues—whether it's substance abuse or other problems—get involved in things with other people at work, and these issues scare law firms when they see a resume with frequent moves.

• See Also: Why You Can Never Stop Practicing Law for More Than a Few Weeks Once You Start

 

Addressing Employment Gaps and Frequent Job Changes

 

Honest Communication

If you have gaps in your employment or frequent job changes, it's important to address them honestly in interviews. Explain the reasons for the gaps or changes and how they have contributed to your professional growth.

Example 8: Following a Mentor An attorney with multiple short stints on her resume explained that each move was due to following a mentor to new opportunities. This narrative helped potential employers understand the context and see her moves as strategic rather than unstable.

Example 9: Personal Crisis and Skill Improvement Another attorney, who had a gap due to a personal crisis, highlighted how he used the time to improve his skills through online courses and pro bono work. This proactive approach reassured employers of his commitment to his career.

 

Strategies to Enhance Career Longevity

 

Specialization

Law firms value specialists over generalists. Focusing on a specific practice area and becoming an expert in that field makes you more attractive to employers.

Example 10: From Struggling to Partner I knew a guy who went to Stanford Law School. He got a summer associate job at a good firm, but not a great one, because his grades were near the bottom of his class, and he didn't have a lot of self-confidence. He wasn't able to get as good of a job as he should have during his second summer.

When he got to this firm, he was upset that most of the other attorneys from his law school had gotten good jobs, and he didn't apply himself. He felt this firm wasn't that great, so he didn't put in the effort that others did at better firms. As a result, he didn't get an offer at the end of the summer. After graduating from law school, he didn't have a job lined up. I think he eventually got a job, but it was at a small firm with maybe 10 attorneys—that was the best he could do because he didn't get an offer. Not getting an offer says something about your performance, and in his case, that was the issue.

He took the bar and failed the first time, then failed again the second time, which led to him losing the job he had gotten. He finally passed the bar on the third try and got a job at another small firm. The setbacks he experienced motivated him. He realized his survival was on the line, so when he got to his next firm, he worked long hours and did the best work he could. After a year, he had enough confidence to apply to another, better firm. He continued these moves every few years, eventually building a book of business worth one or two million dollars, and he became a partner at a very good Am Law firm.

His resume, despite several moves, showed an upward trajectory—moving to better and better firms, not just sideways or downward. When your resume shows upward movement, along with business development, that can be very powerful.

Law firms take notice of that, and one of the biggest factors in making successful placements in our company is portraying the candidate as someone who is destined for the next position. I always emphasize that the person has all the appropriate skills, that it's a move up, and that it's the position they've always wanted. This approach can help you a great deal. Upward mobility is really the most important thing and something law firms want to see.

In big law firms, you might say, "I'm used to working with smaller companies that aren't public, but I really want to do work on behalf of public companies." That's something law firms buy into. Every law firm wants to reward persistence and someone who is able to move on to better and better things. The idea is that the law firm should hire them because this person is motivated and doing such a great job that the next step for them is really going to be working for a great law firm. They've outgrown where they're at and need to be someplace better that will challenge them.

 

Continuous Improvement

Continuous improvement in your practice area is crucial. This can include pursuing additional certifications, obtaining an LL.M., joining professional associations, giving talks, or participating in relevant boards.

Example 11: The LL.M. Advantage A tax attorney earned an LL.M. from NYU while working, which greatly enhanced his credentials and marketability. His commitment to continuous learning made him a prime candidate for top law firms.

Example 12: Data Privacy Certification An attorney interested in data privacy pursued certification and joined relevant professional associations. This dedication to staying current in her field resulted in numerous job offers from prestigious firms.

Networking

Networking is essential for career growth. Building and maintaining professional relationships can lead to job opportunities and client development.

Example 13: Regular Networking Leads to Success One attorney regularly attended industry events and maintained a strong network of contacts. When he decided to change firms, his network provided valuable referrals, leading to multiple job offers.

Example 14: Leveraging LinkedIn Connections Another attorney used LinkedIn to stay connected with former colleagues and law school peers. This ongoing engagement paid off when a connection referred her for a lucrative position at a top firm.

• See Also: How Attorneys Can Network: Why Networking is Essential to Attorney Success

 

Avoiding Career Pivots

 

Staying Within the Law Firm Environment

Whenever possible, try to remain within the law firm environment. If you're considering a move in-house or to another practice setting, weigh the potential long-term impact on your career.

Example 15: Choosing Pro Bono Over Non-Profit An attorney contemplating a move to a non-profit decided against it after considering the potential difficulty of returning to a law firm. He instead sought a pro bono role within his firm to fulfill his desire to contribute to social causes without leaving the firm environment.

 

Explaining Career Pivots

If you do make a career pivot, be prepared to explain how the move has enhanced your expertise in your practice area.

Example 16: Healthcare In-House to Law Firm An attorney who moved in-house at a healthcare company successfully transitioned back to a law firm by emphasizing the valuable insights he gained into healthcare regulations and compliance, which enhanced his legal expertise.

 

Importance of Being Manageable

 

Adaptability and Flexibility

Demonstrating adaptability and flexibility in your work environment is crucial. Law firms value attorneys who can take on various tasks, work under different partners, and handle constructive criticism professionally.

Example 17: The Eager Junior Associate A junior associate who always took on challenging assignments and adapted quickly to different partners' working styles was highly valued by his firm. His willingness to be managed contributed to his rapid career advancement.

Example 18: Improving Adaptability Another attorney, who struggled with taking direction early in her career, made a conscious effort to improve her adaptability. This change in attitude helped her gain the trust of her superiors and secure a partnership track.

Avoiding Unemployment

Unemployment is a major red flag for law firms. If you become unemployed, it's crucial to address the gap and take proactive steps to re-enter the workforce.

Example 19: The White-Collar Litigator I once saw a candidate with a great background who had gone to a top law school and worked at a really good firm. He moved to Silicon Valley and took a job at a law firm as a litigator. The firm, a really good one—maybe Fenwick—told him that if they had any white-collar work, they would give it to him. When he interviewed, he said he really wanted to do white-collar work, and they assured him they'd try to give him that work if they had it.

But when he started at the firm, they gave him litigation work. He refused to do it, saying, "You hired me as a white-collar attorney." They told him they expected him to do the work assigned, but he insisted on doing only white-collar work, which they didn't have. They ended up letting him go, and he couldn't find another job after that. I don't know all the reasons why, but I do know that he became upset, started drinking, and had a DUI, which led to serious problems. He ended up spending the rest of his career as a contract lawyer because he wasn't manageable. Once he was unemployed for a long time, law firms assumed he had been let go for performance issues, and they ran for the hills.

In major markets with more attorneys than jobs, law firms won't take a risk on you if you're unemployed. It's one of the biggest challenges in finding another position. If you're unemployed, the strategy is generally to look at smaller markets where there aren't as many attorneys and hope for the best. But every time I've hired an unemployed attorney from a big firm to work in our company, there have almost always been problems.

 

Applying to Smaller Firms

Smaller firms may be more flexible and willing to overlook frequent job changes, especially if you can demonstrate your value and expertise.

Example 20: The 2008 Recession Strategy During the 2008 recession, a lot of work from larger firms, whose billing rates were higher, was given to smaller firms because they were cheaper. Smaller law firms, when presented with really good talent, are interested in hiring. Why wouldn't they be? If someone with great firm experience and education applies, and the firm has work to do, they'll hire them.

 

Conclusion

Building a successful career in law firms requires careful attention to marketability factors. Avoiding frequent job changes, being manageable, specializing in a practice area, continuously improving your skills, and effective networking are key strategies for enhancing career longevity. By understanding and addressing these issues, you can increase your chances of securing desirable positions and achieving long-term success in the legal field.

Key Takeaways

1. Frequent Job Changes: Avoid them to prevent the perception of instability.
2. Being Manageable: Show adaptability and a willingness to take direction.
3. Specialization: Focus on a specific practice area to become an expert.
4. Continuous Improvement: Engage in ongoing learning and professional development.
5. Networking: Build and maintain professional relationships for job opportunities and client development.
6. Avoid Career Pivots: Stay within the law firm environment whenever possible to maintain career momentum.

By incorporating these strategies and learning from the experiences of other attorneys, you can navigate your legal career more effectively and avoid common pitfalls that make attorneys unmarketable.
 

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About Harrison Barnes

Harrison Barnes is a prominent figure in the legal placement industry, known for his expertise in attorney placements and his extensive knowledge of the legal profession.

With over 25 years of experience, he has established himself as a leading voice in the field and has helped thousands of lawyers and law students find their ideal career paths.

Barnes is a former federal law clerk and associate at Quinn Emanuel and a graduate of the University of Chicago College and the University of Virginia Law School. He was a Rhodes Scholar Finalist at the University of Chicago and a member of the University of Virginia Law Review. Early in his legal career, he enrolled in Stanford Business School but dropped out because he missed legal recruiting too much.

Barnes' approach to the legal industry is rooted in his commitment to helping lawyers achieve their full potential. He believes that the key to success in the legal profession is to be proactive, persistent, and disciplined in one's approach to work and life. He encourages lawyers to take ownership of their careers and to focus on developing their skills and expertise in a way that aligns with their passions and interests.

One of how Barnes provides support to lawyers is through his writing. On his blog, HarrisonBarnes.com, and BCGSearch.com, he regularly shares his insights and advice on a range of topics related to the legal profession. Through his writing, he aims to empower lawyers to control their careers and make informed decisions about their professional development.

One of Barnes's fundamental philosophies in his writing is the importance of networking. He believes that networking is a critical component of career success and that it is essential for lawyers to establish relationships with others in their field. He encourages lawyers to attend events, join organizations, and connect with others in the legal community to build their professional networks.

Another central theme in Barnes' writing is the importance of personal and professional development. He believes that lawyers should continuously strive to improve themselves and develop their skills to succeed in their careers. He encourages lawyers to pursue ongoing education and training actively, read widely, and seek new opportunities for growth and development.

In addition to his work in the legal industry, Barnes is also a fitness and lifestyle enthusiast. He sees fitness and wellness as integral to his personal and professional development and encourages others to adopt a similar mindset. He starts his day at 4:00 am and dedicates several daily hours to running, weightlifting, and pursuing spiritual disciplines.

Finally, Barnes is a strong advocate for community service and giving back. He volunteers for the University of Chicago, where he is the former area chair of Los Angeles for the University of Chicago Admissions Office. He also serves as the President of the Young Presidents Organization's Century City Los Angeles Chapter, where he works to support and connect young business leaders.

In conclusion, Harrison Barnes is a visionary legal industry leader committed to helping lawyers achieve their full potential. Through his work at BCG Attorney Search, writing, and community involvement, he empowers lawyers to take control of their careers, develop their skills continuously, and lead fulfilling and successful lives. His philosophy of being proactive, persistent, and disciplined, combined with his focus on personal and professional development, makes him a valuable resource for anyone looking to succeed in the legal profession.

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.