New York Lawyer
March 13, 2003

Q:
How is age a limiting factor in being hired and promoted in big law firms?

Law is my second career, and although I am now in my forties, I still have a dream of working at a big law firm, despite the long hours, etc. I think I am a good candidate, but am unsure how to market myself, in part due to my age (i.e., mid-forties).

Immediately after my graduation from a regional law school, I served as a law clerk for two federal judges, who gave me excellent references. I also earned an LL.M. and completed other post-graduate legal studies. My grades are only slightly above average, but I have been consistently told I have excellent research and writing skills. I am planning to publish several scholarly papers within the year on difficult, highly technical topics. I have no children and can devote long hours to a law firm. I also have developed specialized knowledge and a genuine passion for my area of legal interest.

I have been told I look "young" for my age. I think I look my age, but manage to stay slim and in good shape, which helps give me a more energetic and youthful appearance. I have a lot of energy and time to devote to a big law firm.

Nonetheless, I am terrified of applying to big law firms for fear of being "laughed at" and rejected as soon as they realize I am older than many of their partners. I know they will ask why I spent so much time doing the federal clerkships and earning the post-J.D. degrees. I still think I have what it takes to work and thrive in a big law firm, although I am rather sensitive.

Any suggestions on the attitude I should take and the way I should train myself to think? Please don't tell me to give up on my dream.

Submit Your Question

Find More Answers

A:

The last thing I would ever advise is that you give up your dream. There is nothing more powerful to fuel someone in his or her life's work (or any ambition) than a strong desire, so hang on to it. It can and should be your biggest advantage.

Let's start with the fact that the law obviously doesn't permit this kind of discrimination. However, the reality is that age discrimination is alive and well in America, and it's hard to prove, so companies and firms get away with it every day. While mid-forties isn't that old, you're right that for an opening position it gets into some issues, according to Dr. Ellen Ostrow, a psychologist based in Maryland who frequently counsels lawyers. She refers to research from the Radcliffe Public Policy Institute indicating that workers aged 45 and over experience considerable anxiety about age discrimination (despite the fact that they are the fast growing age-group in the American workforce). If you're a woman, Dr. Ostrow goes on, this can be a double whammy: AARP's research indicates that women experience ageism in the workplace in their 40's, while men experience it in their 50's. Of all the stereotypes about age, the ones most likely to effect your marketability will have to do with concerns about health care costs and the notion that a mature person might not want to be treated as a "fungible unit."

The best approach is to start with yourself and your own inner attitudes, and then move on to other concerns. Think about the assumptions you're making - that you're "terrified" about approaching big law firms because they may "laugh" at you and reject you out of hand merely because of your age. You need to develop the self assurance that will propel you through the job hunting process. Ask yourself: Am I doing anything wrong? (Of course not.) Is this something I very much want to do and will be good at? (Sounds likely.) Will I be an asset to a firm? (Yes yes yes!). Think of what you're bringing to the party rather than what prospective employers may or may not say. Also make sure to answer the following basic question: Given that I've gotten so many degrees, do I actually want to be a workaday lawyer, or would I prefer to be a law professor? Make sure you're clear on your objectives before hitting the pavements.

Remember what firms are looking for: people who will work their butts off, at all times of the day and night, so that the firm can provide great legal services and make a lot of money. If you can deliver on these points, you're right up there as a candidate. "In the end, all employers hire people they view as solutions to their needs or problems," points out Dr. Ostrow. "As long as older candidates market themselves that way -- and recognize the need to actively choose a firm where they want to work (versus any one that will take them) - they should be able to find positions."

Some other tips:

On your appearance, make sure to look reasonably up to date. Don't rush out and get tattoos or pierce nether regions of your body in a misguided effort to look young and with it, but make some adjustments if necessary. For instance, if you wear glasses, make sure they're au courant and not owlishly big, an "old timer" tip off.

As for your clerkships and added degrees, you should position yourself as someone who comes in well prepared to hit the ground running as a specialist. If you're planning on publishing technical papers you may have an expertise that can help a workplace attract clients and make a lot of money. That will only be to your advantage. Employers might legitimately wonder if you want to be a regular practicing lawyer rather than a law professor. That's a good question and you should be prepared to answer it: "This is an area that I'm particularly fascinated by. However, I've learned as much as I care to from the academic side and want very much to put my knowledge to work."

Those interviewing you may well be concerned about your reaction to being supervised by those younger than you. They may ask you about that. A good answer is to emphasize that you like working with people, that you enjoy learning from others no matter what their ages, and that indeed the fact that you were willing to go back to school, and keep getting degrees, shows that you are open to input and learning at all stages of your life. Focus on the facts: that you have an expertise, that you are very committed, that you will work long hours (just flat out saying that will help), that this is what you want to do, and that you are willing to start at the bottom and work your way up.

Dr. Ostrow adds that you should perform due diligence on prospective firms. "Don't bother with ones that have reputations that indicate you'll hate working there," she advises. Also, she says, your resume should emphasize current skills versus pre-law career employment, except insofar as they may be directly relevant (such as medical skills if you are seeking employment in medical malpractice).

Keep at it! You may require more time to land your dream job, but if you truly want this I think you can get it. Cultivate a positive attitude and then sell yourself.

Sincerely,
Holly English
Principal Consultant, Values at Work