New York Lawyer
May 22, 2001

Q:
I�ve decided to look for a new job, but I�m afraid that if my firm finds about it, they�ll ask me to leave. What�s the safe way to test the waters?

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A:
This is a valid concern. Your firm has invested a lot of money in hiring and training you � often well into six figures a year � and they are unlikely to be thrilled at the prospect of that investment being bestowed on some other employer, particularly another firm. On the other hand, law firm (particular large firm) attrition is not rare.

A useful threshold inquiry is to determine how your firm might react if they found out you intend to leave, and whether it might be advisable for you to tell them before they hear it from someone else.

If your intention is to move into a distinctly different role or setting � whether that would be moving in-house or becoming a marine biologist � you may find your firm is pretty understanding. They may appreciate your candor and allow you to stay on (3-6 months is not uncommon) while you orchestrate your search � provided you keep those billable hours respectable. Indeed, given their investment in you, don�t be surprised if you firm makes some effort to change your role or responsibilities to induce you to stay. This can be pretty guilt-provoking if your decision to leave is cast in stone.

Try to conduct some behind-the-scenes research into how the firm has responded to previous �I-want-to-leave� requests at various levels. Keep in mind that they may be more upset at losing a star than someone who has been a marginal performer. Your need for secrecy may depend on whether your firm has a history of being helpful, understanding, angry, vindictive or determined to cut losses as fast as possible.

If confidentiality proves important, you can be assured that contacts with or by search firms are safe. Headhunters will respect your confidences, and they don�t talk to their competitors, so the word is unlikely to leak broadly. But be sure that they will not undertake any reference-checking without your knowledge or consent. Usually reference-checking happens late in the hiring process, when you are a leading candidate and you�re in the endgame. The reference inquiry absolutely will blow your cover, so be sure you�re ready to have your intentions made public, because once it�s out, there�s no way to stuff that bunny back in the hat..

Similarly, responses to ads are relatively secure, especially if the employer�s name is included in the ad. On the other hand, responses to blind boxes are riskier, since you don�t know who placed the ad, how it is being screened, or even if it�s for a real position (some contingency recruiters routinely place ads for bogus jobs as a way of expanding their resume pool). Horror stories abound, including those about folks who inadvertently applied to their own firm or the woman who found out she was being replaced only upon discovering it was her own job that was advertised in a blind ad.

Mass mailings are totally insecure because you lack control over how they are handled and circulated. They are not nicknamed �broadcast mailings� for nothing, and just because your mailing list focuses on non-law firm settings does not mean that your resume will not be plunked on to your managing partner�s desk, forwarded by a client, friend or acquaintance: �Gee, Ed, did you know your associate has his paper on the street?�

Networking confidentiality is a mixed bag. If you�re contacting close friends and trusted acquaintances, you can request that they not advertise your intent to jump ship. And maybe they will honor that request. On the other hand, the next tier of contacts � the ones who don�t know you or enjoy �privity of contact� (pun intended) � probably feel no compunction about blabbing an interesting piece of gossip: �Hey, didja know the head labor partner at Strong & Breath is shopping his portables around?�

Many networkers, however, do not understand the best way to make the technique work. They careen around wildly, beseeching one and all, �Hey, if you hear of anything that might be a good fit for someone like me, would you let me know?� Three problems here: 1) this approach suggests you�ll settle for �anything;� 2) the phrase �someone like me� generally will be interpreted in terms of your most recent level, role, function and setting. If you�re making a shift to a different kind of job, you can�t assume that people automatically understand (or believe) your new product profile. And, 3) asking for help in finding existing openings is a sure giveaway that you are actively in the job market. Your cover is blown.

But networking actually is a low-key, low-stakes way of interacting with others face-to-face, not through the filters of a resume or cover letter. It gives people a chance to size up the characteristics that distinguish you as a person � not those traits you have in common with every other lawyer who is similarly-credentialed. It�s a strong way to leave positive memory-traces about the kind of personality and �fit factors� that ads and web-postings can�t possibly explore. And the beauty is, your firm wants you to network.

Of course, it wants you to do so as part of your business and client development activities. But you can safely do all manner of things that give you a lot of visibility and credibility � make speeches and presentations, attend conferences and seminars, write articles, and join associations, committees and panels where a wide variety of people get to see you in action. What you�re doing is a form of �institutional advertising� for yourself. Rather than pitching yourself for a particular job opening � which is risky � you are building a general positive image with a lot of people for both yourself and your firm. Who can quarrel with that? What goes around, comes around.

And if you�re thinking of switching sectors or industries, becoming active in trade associations or topical networking organizations can be justified as a way of developing new practice disciplines or potential clients. Visibility is paramount to job search success, and you can get a lot of it without betraying an intent to leave. And then � What a surprise! What a �coincidence!� � someone who is impressed with your demeanor and manifest strengths sidles up and says something like, �Have you ever thought about shifting into government relations?� Or, �Do you anticipate spending your whole career at Big, Bigg & Biggg?� Now you�ve been approached � and therefore are above reproach when you engage in a little offhand conversation.

And you can send subtle signals that you might be receptive to such inquiries. When someone asks what you are or what you do, say, �At the moment, I�m a senior corporate associate specializing in innovative ways to fund emerging businesses.� Without showing too much sleeve, this suggests that your next moment might involve a different role or identity. All in all, if you concentrate on devising ways to get your market to come to you, rather than making lots of noise by beating the bushes, you run far less risk of having your career development intentions and directions revealed prematurely.

Sincerely,
Douglas B. Richardson
President, The Richardson Group