When the offer is first made, it is usually contingent upon successful conflicts, reference and background checks. The necessary information and authorizations to do those checks are usually provided when the offer is accepted.
If neither the candidate nor the firm anticipates any problems, should the candidate assume the offer is firm at this point? Or should the candidate wait to hear back from the firm before giving notice? If that's the case, how long should the candidate wait, and how many follow-up calls should he/she make?
Answer: This is a great question and one that I imagine plagues many people.
As you indicated, an offer is contingent upon references, conflicts and background checks, law school and bar verification, etc. Therefore, even though the offer is a "firm" offer when it is extended, it is not a final offer until all the potential barriers have been eliminated.
Generally speaking, when a potential employer makes an offer, they do not anticipate any problems. However, you need to be very certain that everything has been checked out before you decide to give notice at your current firm.
Throughout the many years that I have been in business, only two of the offers extended to candidates that I've represented have been rescinded. The candidates had already given notice without telling me about the skeletons that were lurking in their closets. Once the potential new employers unearthed those skeletons - and eventually they always do - the offers were revoked on the spot.
So what could the candidates do at that point? They could tell their current employers that they had a change of heart and now wanted to stay at the firm. Sometimes this works, but generally it turns into a nightmare. Let's take a look at some of the scenarios:
Scenario 1: Your employer takes you back but senses that something unexplained happened and that is the only reason you returned. From that point on, you are thought of as someone who is probably not going to be around for the long haul. Your work assignments may not be as choice as they once were and when your name comes up for partnership, some partners are going to hold your perceived disloyalty against you.
Scenario 2: Your old employer does not take you back. You are now unemployed. How in the world are you going to explain this situation? As soon as you start to tell your story, the potential employer's antenna is going to stand right up. They will be thinking that something smells rotten here and will immediately start to investigate your background. Your chances for a job offer are not great, particularly in the kind of job market that we are experiencing right now.
Whether or not you have skeletons in your closet is not the issue. You do not ever know what a reference is going to say about you, no matter how much they assure you that your reference will be glowing. Therefore, the only way to feel secure about a job offer is not to give notice until all of your references have been successfully checked, along with any conflicts or any other potential roadblocks.
Incidentally, when giving references, make sure you call each and every name that you have given out to say something along this line, "I have used your name as a reference and you can expect a call from John Doe. Please remember that what you say will determine my future." Of course, it goes without saying that the people you use as references should be those that you are fairly certain will give you a glowing reference.
Bottom line: Do not consider an offer to be "firm" until everything is checked out. Then, and only then, should you feel confident in giving your notice. Best wishes!
Summary: When should a job offer be considered a "firm" offer for the purpose of giving notice to your current employer?
See the following articles for more information:
- Giving Notice
- How to Give Notice Once You Get Another Job Offer?
- How to Resign Gracefully
- Does It Matter If I Give Notice Before I've Officially Cleared Conflicts at My New Firm?
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
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- 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
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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.
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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.
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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.
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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.
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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.
Harrison Barnes does a weekly free webinar with live Q&A for attorneys and law students each Wednesday at 10:00 am PST. You can attend anonymously and ask questions about your career, this article, or any other legal career-related topics. You can sign up for the weekly webinar here: Register on Zoom
Harrison also does a weekly free webinar with live Q&A for law firms, companies, and others who hire attorneys each Wednesday at 10:00 am PST. You can sign up for the weekly webinar here: Register on Zoom
You can browse a list of past webinars here: Webinar Replays
You can also listen to Harrison Barnes Podcasts here: Attorney Career Advice Podcasts
You can also read Harrison Barnes' articles and books here: Harrison's Perspectives
Harrison Barnes is the legal profession's mentor and may be the only person in your legal career who will tell you why you are not reaching your full potential and what you really need to do to grow as an attorney--regardless of how much it hurts. If you prefer truth to stagnation, growth to comfort, and actionable ideas instead of fluffy concepts, you and Harrison will get along just fine. If, however, you want to stay where you are, talk about your past successes, and feel comfortable, Harrison is not for you.
Truly great mentors are like parents, doctors, therapists, spiritual figures, and others because in order to help you they need to expose you to pain and expose your weaknesses. But suppose you act on the advice and pain created by a mentor. In that case, you will become better: a better attorney, better employees, a better boss, know where you are going, and appreciate where you have been--you will hopefully also become a happier and better person. As you learn from Harrison, he hopes he will become your mentor.
To read more career and life advice articles visit Harrison's personal blog.
