Let’s Take a Step Back

It is being reported that Biglaw has changed its practices about recruiting on law school campuses. It used to be that 1Ls could not be approached about summer associate positions until well into their first semester of law school. Now, it appears that the practice has changed and that Biglaw is coming after first year students, who look like superstars on paper, even before the Fall semester begins. In addition, it also has been reported that these same Biglaw firms are incentivizing upper class students, who have experience working at the firms, to help identify desirable first year students, befriend them, and participate in the “sell”.

And, most disappointing is that NALP, an advisory organization specializing in law student placement in coordination with law schools, has reversed its prior rigid “hands off 1Ls until October 15” recommendation and replaced it with a “reasonableness standard.” I think we can assume that the “reasonableness” will be controlled by the big money.

To be frank, this sounds abusive at the least and abhorrent at the most.

Earlier in my career, I taught Legal Research and Writing to 1Ls at Georgetown Law. I am very familiar with the insecurities and practices of first year law students. And, to my knowledge, not much has changed over the years. Many 1Ls suffer from Imposter Syndrome, and most of them are insecure to one degree or another. Any indication that they can do better or that they need to put in additional time is met with fear. It is all about grades and who comes out on top. They are surrounded by the best and the brightest at schools in the Top Tier, and both their competitive genes and insecurity genes are working overtime.

To give them as much time as possible to get established in such a super competitive environment, organizations like NALP have traditionally recommended “hands off” these vulnerable students until they get their footing. That is, until now. Until Biglaw sees another advantage. Until the value of the “win” usurps the collective wisdom of practitioners.

You and I can write the script. Law firms approach these kids, feeding their egos and assuring them that they will be superstars and that the firms know it and will take a chance on them before they actually prove their merit. And at a time too early for the 1Ls to see right through it. Give them some experience in law school, and they will realize that it is all about grades and honorariums. They will know that, if the grades turn out to be substandard, the law firms will dump them like yesterday’s bad news. It is a game of inches that first years should not be tempted to play.

This is wrong, and I hope that clearer heads will prevail before too much damage is done. I hope that we will go back to giving the kids a break. Let them settle in. Let them gain some degree of security well before law firm recruiters pounce on them.

According to an article on Above the Law, students have appealed to the ABA to consider the matter. I am sorry to say that gives me little comfort. I am familiar with the workings of the ABA, having been a monthly columnist for the ABA Journal at one time. I do not put much stock in the ABA to square off against Biglaw. They are one and the same, unfortunately.

But there is power in numbers at the ABA. If you are an ABA member and are concerned about this changed policy, contact the ABA. Use your power. Tell them hands off the 1Ls. There are plenty of first years who will distinguish themselves in time to meet the needs of Biglaw.

And what is the rush, anyway? Oh, money, money, money, of course. Marketing advantages for Biglaw. Not human advantages for future lawyers.

Ugh. I have seen this movie before.