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Numerous studies and surveys have revealed a harsh reality in hiring decisions. If you are currently employed, you stand a better chance of receiving an offer from a different employer than if you are currently unemployed. For example, a group of economists from Columbia University examined the job-seeking activities of close to three thousand people between 18 and 64. They discovered that people currently employed enjoyed much more success when applying to a new position. In fact, they were more likely to receive unsolicited contact from a potential employer, their response rate from employers was four times higher compared to an unemployed applicant, and they received more than twice the interviews and three times as many offers per application, according to an article published in Quartz.

The same trend applies to attorneys looking to lateral to a new law firm job. If you are looking for an attorney position with a firm while unemployed, you will likely have an uphill climb in securing an interview and/or offer. If they believe you were fired, many law firms will not be interested in you because they will be under the impression that one of the following occurred in your previous job.

1. The Firm You Applied to Believes You Were Fired 

If you are not currently working in a legal position, many law firms will presume you were fired. This may not be the case. You may have decided to quit, or the firm may have simply ceased operations. Nevertheless, it is necessary to be prepared for this presumption and the fact that some law firms will not even be interested in further explaining why you are not currently working and will hastily reach a conclusion.

2. The Firm You Applied to Assumes You Must Have Done Something Terrible to Lose Your Law Firm Job

It is not uncommon to hear about attorneys getting fired for doing unethical and improper things in the workplace. Here are some examples:

  • Falsifying billable hours;
  • Falsifying expense reports;
  • Sexual-harassment-related issues
  • Posting inappropriate content on social media,
  • Not showing up for an important closing,
  • Sharing client business secrets

3. The Firm You Applied to Assumes Your Work Was Not of Sufficient Quality and You Were Not Adding Enough Value

Here is a hard truth many attorneys do not want to hear – law firms do not want, and actively try to avoid, hiring the proverbial rotten apples and poor performers from other law firms. Do not expect a call-back if a firm thinks you fall into this category.

Indeed, some attorneys do not generate sufficient high-quality work product. They may be sloppy, overlook important issues or legal factors, and make avoidable mistakes. Though, it is a reality that all attorneys make mistakes now and again. There may be instances when a poor work product was simply episodic, but this does not happen often. Nevertheless, a law firm reviewing your application cannot make that distinction. If a new law firm thinks there are likely to be issues with your overall performance and work product, they will likely not want anything to do with you.

4. You Were Unable to Secure Enough Work from Other Attorneys in the Firm

One of the most common reasons law firms let attorneys go is their hours are extremely low, and the attorney is not generating enough business to justify their salary and other benefits. While law firms occasionally let attorneys go (especially senior associates) who possess high billable hours, it is a general trend that most terminated attorneys are those with consistently low billable hours. Therefore, there is a presumption that you may have been let go because your hours were too low.

5. You Did Not Show Enough Potential to Generate Business for the Firm

If you lost a law firm job, other law firms might assume you were fired because you did not show the potential to generate significant business for the firm in the long term. It is crucial to keep in mind that many law firms, especially large firms, are interested in hiring attorneys who have the potential to generate work for other attorneys as well as themselves.

6. You Had an Attitude Problem

People with negative attitudes bring their fellow attorneys down, harm overall productivity, decrease the ability of law firms to manage other attorneys, can impact client relations, are simply not fun to work with, and often submit poor work products. Many attorneys indeed have or develop attitude problems, especially in a high-stress, deadline-driven law firm environment. They may not be happy with their superiors, the law firm environment, the amount of work they are being asked to do, their fellow associates, their compensation, and so forth. Many attorneys are unhappy at work and their dissatisfaction is not welcome in large law firms. You must combat this presumption, especially if you were let go for reasons wholly unrelated to your personality and ability to work well with others.

Pete Newsome

About

Pete Newsome is the President of 4 Corner Resources, the staffing and recruiting firm he founded in 2005. 4 Corner is a member of the American Staffing Association and TechServe Alliance and has been Clearly Rated's top-rated staffing company in Central Florida for the past five years. Recent awards and recognition include being named to Forbes’ Best Recruiting Firms in America, The Seminole 100, and The Golden 100. Pete also founded zengig, to offer comprehensive career advice, tools, and resources for students and professionals. He hosts two podcasts, Hire Calling and Finding Career Zen, and is blazing new trails in recruitment marketing with the latest artificial intelligence (AI) technology. Connect with Pete on LinkedIn