Graduates vs. Big Law -- The First Lawsuit Starts
I was wondering how long it would take?
Sarah Martinez, a recent law school grad, broke the ice. She has sued Howard, Rice, Nemerovski, Canady, Falk & Rabkin in San Francisco Superior Court for extending her an offer of employment, deferring it and now reneging, saying it didn't have the resources to hire anyone in the near future. Among the counts alleged are racial discrimination, sex discrimination, and breach of contract.
While every case stands on its own facts and merits, it's clear that Big Law will have to alter its offering policies in the future. The impact on law schools and those coming up through the grades is yet to be determined, but I suspect it will dramatically alter the economics of the future practice.
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Can a deferred associate's career be recovered when their offer is ultimately revoked? It's not like they can go back and interview with the 3Ls in the fall to get a similar offer from another firm. And how will the other firms view someone who has been sitting out for a year? I imagine those who did pro bono work or found a way to stay active in some sort of law-related pursuit will have a better chance at finding work elsewhere.
Great question. I'm not sure what the answer would be in any given law firm. I know what the answer SHOULD be, in my opinion. First the firm must know what its hiring needs are and not be strangled by the lock-step mentality of BigLaw and recruiting. Second, where the candidate has been "on the shelf" or just out of law school, what are their credentials? They don't get stale from one year of "waiting." In fact, the candidate may have gathered a whole bunch of maturity, recognizing that the era of entitlements is over and they need to make a profit for the firm ... and they are grateful for the job ...