Law Q News
Issue: # 39March 2011
Greetings!
 

The true face of your company or firm is not its brand, logo, or website, but the employees who represent it 24 hours/day and 7 days/week.  The image projected by your company or firm emanates, in large part, from its workers who are constantly interacting with clients, prospective clients and the public at large. Every one of your employees is a business developer, a sales person, and a marketer.  No amount of dedicated sales or marketing can replace a loyal and devoted group of employees working together to advance your corporate cause.  

This month's Newsletter discusses the importance of recruiting bright workers who will best fit your corporate culture to ensure your future success. This topic addresses questions we received directly from our employer clients, as detailed in the Law Q & A section below. We have also included two articles regarding, first, how to hire the most appropriate candidates and, second, how to ensure they project the best image in front of your clients and the general public.
 
We hope that you will find this Newsletter edition both relevant and useful. As always, please see our featured attorney and legal staff candidates in the right hand column. The resumes of our featured candidates and our other top notch candidates can be viewed on the 'Current Candidates' page of our website at www.lawqteam.com.  Please feel free to contact us with any of your recruiting or employment questions.
   
 
 

Sincerely,
 
David  J. Fennell, Esq.

LAW Q LLC 

Law Q & A

Q:       After 15 years of hard work, I have built a small law firm with good partners, a solid client base, and strong associates and staff. Having started the firm myself, it's very satisfying to watch the organization grow, but I want to do it the right way.
 

A:       It sounds like the hard part is already done- you've established a stable firm with good employees and a solid client base. Now, it is important to focus on your firm's internal culture. By maintaining an atmosphere that is professional, but also friendly and collegial, you will foster a team environment and increase morale. Nothing makes recruiting or business development efforts easier than satisfied employees who positively interact with both their clients and colleagues. Happy employees will, consciously and sub-conciously, sell your firm for you.

 

Q:       As the hiring manager for a midsized firm, I am inundated with resumes on a daily basis. For every entry level position we post, we get dozens of senior applicants. Should I even consider these "overqualified" applicants? 

 
A:         There is no universal answer to this question, but the answer depends on the circumstances.  Sometimes a seemingly "overqualified" candidate can be a tremendous asset to the organization.  Simply looking at years of experience is not a detailed enough analysis.  You must also consider other important factors such as motivation for applying to your organization, shared goals, and ability to fill roles outside of the job description.  If both the candidate's and your needs align, there may be great benefits to hiring a more experienced employee. Regardless, it is never a good idea to dismiss a more experienced candidate before proper analysis of his/her credentials and the potential opportunities for your organization. 
 

Send your question to info@lawqteam.com and have it answered privately or in our newsletter! 

Six Considerations: Should You Hire the Overqualified Candidate?

By Eric Kuhl, Monster.com

Economists say the economy is picking up, but for many job seekers times are still very tough. As a result, employers are receiving resumes from people who by all measure are over qualified for the positions they offer. We all want to upgrade the level of talent in our businesses, and at least on paper some of the people applying for open roles could make huge contributions to our businesses. But we are leery of hiring people for whom our job looks like a step down. We want people to be motivated employees who work for us, and we certainly don't want to pay someone while they continue their job search.

Given these factors, how can you determine if an overqualified job applicant should be weeded out or given serious consideration? Here are some points to consider:

How long will you need them?

Sometimes hiring a very experienced person is worth it no matter how long you keep them. For example, retailers and other companies with high turnover can get real value from an employee who only stays employed for six months. There are sales organizations that can hire top sales people for the same length of time and still get their money's worth.

In other situations, hiring an individual with very deep industry or technical knowledge is worth it no matter how short their tenure with you. In all these situations, there is limited downside to hiring someone whose experience exceeds the requirements of your position.

Would you hire this person without their experience?

When you conduct an interview with overqualified candidates, ask yourself if you would hire them if they lacked the experience you prize. In other words, are they the kind of people you want on your team? Don't hold your nose and hire people because of their resumes alone. The intangibles of employee motivation, drive, and cultural fit almost always trump experience in the end.

It sounds funny to say, but don't settle for someone just because they have great experience. Make sure they are the kind of person you want in your organization.

Do they have passion for your company?

Candidates with superior qualifications should exhibit more excitement for your role than do other candidates. After all, if they are really good, they should be working for you because they want to, not because they have to. If you don't sense real excitement about the job, don't hire them. Chances are that you will just be a placeholder that provides a salary and benefits until they find the job they really want.

In addition, look for people who are still excited by the challenges your position offers, not employees who do their work on autopilot. If someone demonstrates no passion for a job during the interview, what makes you think they will be excited about actually working for you?

What are their goals?

In every interview we should be exploring candidates' past accomplishments. With overqualified candidates, also make sure to spend time exploring their goals for the future. What does success look like to them for their careers? Based on their answers, do you think your company offers them a good path to achieving their goals? If not, chances are that you will be their stepping stone not their final destination.

Do you offer work/life balance?

When making a job offer, if you offer someone a good compensation package and a superior lifestyle, you can turn an overqualified job candidate into an A-player.

I know attorneys who are vastly "overqualified" for the small law firms for which they work -- and they couldn't be happier. They work reasonable hours, make good money, and have a quality life outside of the office. In similar fashion, a small business client of mine just hired a general manager from a major national corporation. This manager is overqualified for her new role, but she is thrilled about it because it provides her with the quality of life for which she hungers. She has a young daughter and is in a new relationship. Yet her former job required her to work seventy to eighty hours per week.  My client, with its more laid-back work environment, offers her a lifestyle that her former employer could never match. As a result, there is a good chance that this overqualified candidate will turn into a valuable, long-term A-player for this business.

If you are offering this kind of package to job seekers, don't just accept applications from overqualified people, actively seek them out. They want you as much as you want them.

Can you "try them before you buy them?"

Any opportunity to hire a job seeker on a temporary basis is worth exploring. Chances are, overqualified candidates are also unemployed. Structure a temporary role for them that allows you to get a feel for one another. It won't take you long to figure out if this person can be a long-term contributor for your team. You may want to define the person's initial role as a consulting engagement that turns into a permanent role if both parties remain interested in making it work. A project-based engagement also helps people to determine if they can be happy in a role that is technically "beneath their pay grade."

Hiring Takeaways

There are a lot of reasons why overqualified candidates don't work out. But the occasional gem that you find makes it worth your time to take these candidates seriously.  Look at the opportunity you offer from the candidate's point of view. Does the job you are offering make sense from their point of view? Are they passionate about working for you? Can you offer them a balance of work and life? All of these factors can help you turn an overqualified candidate into an A-player.  

*reprinted with permission 2011

Building a Law Firm's Reputation Through Its Lawyers

Frank Michael D'Amore, The Legal Intelligencer

Partners with whom I have worked have many common characteristics, which include, among other things, high levels of intelligence, keen analytical skills and a propensity to be dogmatic in thoroughly reviewing facts and data. It thus is anomalous that when a discussion turns to their impressions of other firms in their markets, their often strong opinions are frequently based on incomplete information. In some cases, their views are predicated on extrapolating from a single experience with just one lawyer, assuming that this is emblematic of the persona of the firm at large. In others, their opinions are based on nothing more than anecdotal stories they have heard or, worse yet, are just visceral reactions that somehow filtered into their consciousness over the years, with no nexus to any real-life experience.

In some cases, these impressions may be accurate, as there may be consonance between a reputation and reality. I have found, though, that in many cases, these off-the-cuff reactions are off base. Interestingly, in most situations, the uninformed lawyer has a negative opinion of other firms; those who perceive competitors positively frequently have had good experiences with those firms during their careers.

This can have a significant effect on one's career, especially if the partner is exploring a move, as he may forgo speaking with a firm that may be a perfect fit (or, conversely, may join one that, if he knew more, should have been avoided). This has broader implications, though, as clients, members of the legal and business communities, and many others may similarly have assessments that are ill-formed, which can have significant (and often negative) consequences.

Some firms have good self-awareness and use tools, such as client surveys, to stay somewhat on top of how they are perceived. Nonetheless, it is impossible to cover every outside constituency and what firms don't know can be costly. For example, consider a situation as straightforward as one in which a fourth-year associate at another firm is bullied or otherwise mistreated by a lawyer at what we'll call "Firm A." No one from Firm A may hear about this, as the only persons in the room are the two lawyers, the witness and the court reporter.

Let's assume that the fourth-year associate eventually blossoms into a partner with a multimillion-dollar practice who eschews considering Firm A when he moves some day (even though it could have been a wonderful home), because his mistreatment by a single lawyer in that firm still resonates with him. Or, even worse, that lawyer may have moved in house and, at some point, may end up playing an instrumental role in ensuring that Firm A is not hired because he cannot forget that incident from many years ago.

Firms often point to their well-written mission statements, informative websites, strategic brand building efforts (such as advertising and sponsorships), contributions from public relations firms, and general marketing campaigns as a means to avoid and ameliorate these issues. Each one of these is an important part of a firm's arsenal and can be quite helpful. Nonetheless, reputations are built and tarnished by what happens on a daily basis, whether it is in a courtroom or outside of the office. No matter how artful or compelling a marketing or PR effort may be, it cannot mask what occurs in the trenches, which is where the attention ultimately should lie. In this article, I will offer a few suggestions as to principles that should be instilled, which, if followed, should go a long way toward building a strong reputation for a firm.

A CULTURE OF RESPECT SHOULD PERMEATE THE FIRM

Young lawyers, especially litigators, are often "raised" in environments in which every matter, whether it is a trial or even a simple motion to compel, is tantamount to a battle between good and evil. This can lead to regrettable behavior, even from lawyers who otherwise are good, decent people. As noted, this can have long-term consequences for the firm and for the lawyers who are involved. It is incumbent upon partners and more senior associates to teach their more junior brethren that great results can be achieved while acting honorably -- the two concepts can work hand in hand.

This credo should similarly be instilled within the confines of the firm. Every person in a firm merits being treated with respect, whether it is the managing partner or a temporary employee who is filling in as a messenger in the mail room. Lawyers can subconsciously begin to believe that snappish or oafish behavior is acceptable, even when they instinctively know better.

I can recall speaking with a fellow in-house lawyer (earlier in my career) who worked at a competitor in our industry. I told him that I was very surprised to learn that he had hired a particular firm for a major piece of litigation, when another firm in his city had recently won a similar case. He matter-of-factly related that he would never hire that other firm since a good friend of his from law school had been treated poorly by the lead partner in that other firm while the friend was a young associate. The in-house lawyer did not want his company to be associated with such a person, no matter how big the case was.

QUALITY ALWAYS MATTERS

Although this is a basic precept, it is one that cannot be forgotten: If you are going to do something, do it well. This understandably has become more challenging today, as the pressure on private practice lawyers to keep costs in line by completing tasks as efficiently as possible has become unrelenting.

I am quite cognizant of that reality and am not suggesting that simple e-mails, quick client updates and straightforward memoranda be treated as if they are appellate briefs that will be scrutinized by a Supreme Court justice. If a client only requests a "B" level product, it makes no sense to spend many additional hours to crank out an "A" document, especially if those extra hours cannot be billed.

Nevertheless, there often can be a wide range within that "B" level, and whenever possible, one should err on the side of turning out a product at the upper end of that spectrum, as your reputation and that of the firm will follow that document forever. This may trigger the sometimes uncomfortable dance between a partner who doesn't want extra time billed that will have to be written off, and the associate who already is working hard and is reluctant to eat hours on his own, but it is a tension that needs to be resolved so that quality is not forsaken.

 

PICK THE BEST LEADER FOR YOUR FIRM

Much like the modern manager of a major sports franchise, the job description of a law firm managing partner, CEO or chairman is much broader than it was years ago. Today, a firm leader needs to be financially astute, must be facile in dealing with the press, should be a good "face" for the firm publicly, must be adept at managing sometimes challenging personalities and offices (who they may rarely see because of geography), and ideally should be an indefatigable and effective recruiter. In addition to those skills, the managing partner often sets the tone for the organization, and through his actions, helps to define its reputation, so his personal characteristics and ethos are vitally important.

In light of this, it is incumbent on partners to not simply let this role fall to the most powerful person in the firm, or, if there is a leadership vacuum, to allow the job to go to the person who simply is willing to do it. In the former case, it just may be that the most important partner in the firm happens to be imbued with all or most of the key characteristics that have been outlined here. If that is the situation, and the partner has the time (or can find it somehow), a firm would be very fortunate to have him at the helm, especially since he has the gravitas to make things happen.

However, if such a person is lacking in some of those key areas, putting him in the top spot can damage a firm's reputation (inside and out). This is particularly the case if such a person is imbued with a healthy ego, as leadership to him may be akin to an intoxicating tonic that may be drunkenly quaffed as readily as if he were gulping water at the end of a Saharan marathon.

The latter scenario, in which a caretaker ascends to the throne, may trigger more subtle reputational issues. Of course, there are times when any organization may benefit greatly from having a placeholder at the top, as it may be a period in which the firm needs to regroup or otherwise would benefit from stability. In other cases, though, some major partners may bless such a selection if they know that they will be paid well and that the managing partner essentially will not create any waves. This can be harmful if stronger, more captivating alternatives exist (even though the environment in the firm may be benign), as deficiencies in any of the areas of responsibility noted above can impact the firm. This is especially true if the person lacks verve and doesn't inspire confidence, which are quite important in tough times. Additionally, as most things flow from the top, there may be a similar concern that it is acceptable to be good, but not great.

ALWAYS ASSUME YOU'RE IN THE PUBLIC EYE

We really do live in an Orwellian world, in which GPS devices, smart phones, satellites and cameras track our movements. Unless one is a Luddite who lives a Unabomber type of existence in the remote wilderness, even many actions inside of our homes are externally tracked, whether they are individual keystrokes (thanks to distinct IP addresses) or something as simple as the cataloguing of TV shows we watch.

In light of this, it is important for lawyers to never forget that they are always in the public eye, whether this entails their daily commute on the train, a routine trip to the grocery store, or sitting in the stands watching a child play in a Little League game. They are still "on the clock" as it relates to their (and their firm's) reputation in such settings, so it behooves them to always act professionally. Let me offer an example.

A law firm more than 1,000 miles outside of my home market flew me in to discuss a retained search for a key partner need. During our meeting, we spent considerable time talking about several target partners, which included a review of their bios and accomplishments. My return trip was delayed, which led to me sitting at a relatively empty airport gate on a quiet Saturday morning. Imagine my surprise when one of the target partners, who surely had no idea who I was, sat down across from me (any doubts I may have had about his identity were quelled when he plopped his briefcase -- which was emblazoned with his firm's name -- on the ground next to him).

I then proceeded to watch in horror as this rather slovenly dressed lawyer sprawled out over his seat and starting chomping on his breakfast as if he were Secretariat munching his last bale of hay. His repast was followed by a series of cell phone calls with escalating volume and obnoxiousness. I retreated to another area, secure in knowing that he was now off the candidate list, as the conservative firm who had identified him would never have countenanced such behavior. The partner had hurt himself and his firm and likely had no idea.

TEACH YOUR LAWYERS TO DO THE RIGHT THING

Finally, as trite as it may sound, if there is one principle that you can espouse as a golden rule, it would be for the lawyers in your firm to "do the right thing." It is easy to compile such a list of Do's and Don'ts as it relates to practicing -- malpractice carriers are happy to provide such information. It is impossible, though, to come up with any type of all-encompassing inventory of what one can or cannot do when it relates to a firm's reputation, as there simply are too many scenarios and permutations. Nevertheless, if your firm's lawyers are taught to listen to that inner voice of reason and fairness that speaks to them when they are in uncharted waters, and it is a voice that your firm has helped shape over time by instilling the importance of acting honorably, it should almost always lead them in the right direction.

*reprinted with permission 2011
In This Issue
Law Q & A
Jobs Outlook Rises to Decade High
Could Austerity Be a Word of the Past for Big Law?
Featured Candidates
Corporate
Counsel
 
George
combines substantial law firm and in-house experience with 20 years of expertise in large scale real estate development. 
 
 
 See his full resume
here.

Marketing Associate
 
Alan has 4 years of marketing experience with one of Los Angeles' most prominent firms. 
 
See his full resume here.
 
Intellectual Property Paralegal
 
 Joe is highly skilled intellectual property paralegal with 15+ years of technical experience with one of the largest firms in Colorado.
 
See his full resume here.
 
Legal Assistant
 
 
Jill is a legal assistant with top drawer administrative skills and 6 years of experience supporting transactional attorneys.
 
See her full resume here.
Quick Links