News from BCG Attorney Search
Fall 2007

The Truth and Nothing but the Truth—But Not the Whole Truth
By Stephen E. Seckler, Esq.


Although the practice of law has undergone enormous changes in the past two decades, one thing remains constant: integrity still counts for a lot in the legal profession. A lawyer who bends the truth in advocating on behalf of a client may find himself facing disciplinary action. A law student or associate who materially misrepresents her credentials at an interview may be shown the door if the misrepresentation is discovered at a later date.

Of course there are different degrees of telling the truth. Does your prospective employer need to know that you stole a pencil from a classmate when you were in second grade? Obviously not. Do you need to disclose to a legal employer that you failed the bar exam and will need to take it again? Of course. Your bar status is highly material to your job as an associate.

In an interview, you need to tell the truth about material facts. You also have an obligation not to mislead an interviewer through omission. For example, if it is clear that an interviewer believes that you left your last firm voluntarily, you need to set the record straight if you were actually asked to leave. But you are under no obligation to share all of the sordid details of your demise.

The prospective employer does not need to know that you had a messy affair with the managing partner's secretary. It is sufficient to state that both you and the partners you worked for agreed that the firm was not a good fit. Telling the truth does not require telling all!

Too Much Information Can Unnecessarily Weaken Your Job Prospects.

I was once screening a candidate for a search, and I noticed that she had a big gap on her resume. I asked her what she was doing during this time. She answered, "I was a drug addict." While that seemed to be the truth (and clearly a phase that had long passed in her life), it would have been more effective to tell me that she had taken some time off to deal with personal or family issues.

What if the partner you worked for was unbearable? Try "Smith & Jones was a difficult place to work." Saying that the partner you worked for is a notorious jerk will only raise questions about your ability to be discreet. It will also suggest that you are apt to blame someone else when things go wrong.

What if you received a poor performance review because you were bored out of your mind? Try "Some of the partners I worked with were very impressed with my legal skills. But I did not find residential real estate closings challenging, and I don't think I did my best work for the partners in charge of the residential side of the practice. That is why I want to be at a firm that principally does commercial real estate." In other words, take some responsibility for your demise, but do not feel the need to elaborate at great length.

The "Whole Truth" Can Prevent an Interviewer from Drawing Negative Inferences.

Sometimes the whole truth is best because it provides a good explanation for something that might be perceived as a negative. It also removes any speculation that you have some skeletons in your closet (e.g., the gap in your resume is there because your mother was sick and you left work to care for her).

I often joke with candidates that in the absence of contrary information, employers will presume that you were institutionalized during any breaks on your resume. But in general, the rule is that you need to tell the truth and nothing but the truth; but you do not need to tell the "whole" truth, as long as you do not mislead.

Are You Planning to Relocate to Boston Permanently?

Where you intend to live long term provides a good illustration. What if your significant other is in her third year of medical school in Boston? If she lands a residency in California, in all likelihood, you will want to make a lateral move to California in order to be with her. But it is also possible that she will end up doing her residency right in Boston. Furthermore, you would eventually like to return to Texas, where your family lives.

Do you need to disclose this to potential legal employers in Boston? I would submit that you do not. As long as you have a meaningful chance of staying in Boston, your future employer does not need to know the "whole truth" (i.e., that you would consider remaining in Boston for the long term but there are a lot of unknowns).

What if you like employment litigation but are not crazy about employment counseling? If you are applying to a firm that mainly does litigation but expects you to do some counseling, it is okay to say, "I really enjoy employment litigation, and I'm happy to also spend a portion of my time doing counseling." As long as the job would have a litigation focus, no one needs to know that in a perfect world, you might avoid non-litigation work. That's the "truth" and "nothing but the truth."

Conclusions

It is impossible to address every issue that might arise in an interview setting. But that underscores why it is so critical to prepare for interviews. Learn what you can in advance about the firm, department, and interviewing attorneys, but also take the time to think about the questions that you might be asked. If you take the time before an interview to think this through, you will have much greater success in being truthful. At the same time, you will come across as a straight shooter without providing information that you will later wish you had withheld.

 


STATE OF THE MARKET REPORT,
By The BCG Recruiting Staff
A flurry of recent hiring activity�particularly a national need for real estate attorneys and the upswing in corporate work�has our recruiters excited about the changes that the legal market is currently experiencing. Learn which practice areas are hot and which are not as our recruiters across the nation report on the employment outlook in their areas.

Read more.
Profile
Are You a ''Me-Focused'' or a ''You-Focused'' Interviewee?
By Dan Binstock, Esq.

When most attorneys prepare for job interviews they come up with lists of questions they should ask. Most of these questions are questions to which the candidates/interviewees (the people interviewing for the jobs) would like to have answers. However, most attorneys do not consciously realize that questions generally fall into two categories.

Read more.

Profile
How to Survive and Thrive during an Unplanned Relocation to Join a Future Spouse
By Deborah Acker
Managing Director, BCG Attorney Search, Palo Alto

Many junior attorneys work incredibly hard for four years to get top grades at first-tier law schools, work on law reviews, and get offers from prestigious firms. Then, they face unplanned speed bumps in their careers when their fianc�s feel it is time to live in the same city, get serious about their commitment, marry, and settle down. Legal recruiters receive many questions in relation to different versions of this scenario. The following is what I tell attorneys in this position. (Many of these thoughts may apply to same-sex couples as well, where one partner is relocating to meet the needs of the relationship.)

Read more.

Profile
The Truth and Nothing but the Truth—But Not the Whole Truth
By Stephen E. Seckler, Esq.

Although the practice of law has undergone enormous changes in the past two decades, one thing remains constant: integrity still counts for a lot in the legal profession. A lawyer who bends the truth in advocating on behalf of a client may find himself facing disciplinary action. A law student or associate who materially misrepresents her credentials at an interview may be shown the door if the misrepresentation is discovered at a later date.

Read more.

Profile
Tips for First-Time Job Seekers
By Jamie Bailey

This year I joined the legions of die hard Cubs fans at Wrigley Field to attend the play off game against the Arizona D-backs. The last time I attended a Cubs playoff game was the 2003 playoff game against the Florida Marlins - the infamous Bartman game. Watching the Cubs is like being on an emotional roller coaster. Who could have guessed that the D-backs would hit a home run on the first pitch of the game, or that during the fifth inning the Cubs would come back to load the bases and the inning would end on a double play. What could be perceived as a lack of execution and enthusiasm, blunders and the overall malaise on the part of the Cubs was astonishing. And the corresponding extreme shift in human emotion and support among what were just a few minutes prior the most loyal Cubs fans confirmed that my emotions mirrored those around me. One minute the man sitting behind me was expounding how he knew we were headed for that ''Blessed World Series Trophy''; the next minute he was raising his 5th beer to the heavens beckoning, ''Parents, take your children home to bed. They should not have to witness this terrible abyss we are about to enter.''

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BCG Q&A,
Question: I was working with a recruiter who sent my law school transcripts to potential firms along with my resume. I believe that this hurt my chances with these firms as my law school grades are not what I want to emphasize. Can I send only my resume in the future? I don�t imagine that my transcript is terribly relevant now that I�ve had practical law firm experience.
Click here for the answer
Silicon Valley
Palo Alto office seeks a patent prosecution associate with 3+ years of experience for pharmaceutical and medicinal chemistry or chemistry prosecution, opinion and due diligence work.
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New York
New York City office seeks an IP patent litigation associate with 2-5 years of experience. Pharmaceutical and/or science background preferred. NY Bar needed.
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District of Columbia
Washington, D.C. office seeks an associate with 4-6 years of litigation experience to join its IP section.
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