Real Culture is Your Best Recruiting Strategy

March 22, 2024

I’ve been thinking about this topic a lot.  The term “firm culture” is an elusive one – nobody really knows what it means.  But, as they say, “you know it when you see it.”

This April, at the NALP Annual Education Conference, I’ll be moderating an all-star panel, “In Their Shoes: Understanding the Candidate’s Perspective in the Lateral Job Search.”  The goal is to help firms better understand how laterals think about their job search and the resources they use.  One important point we will cover: laterals screen the firm before the firm screens the lateral.  If the firm is known as an unenjoyable place to work, laterals won’t even bother applying.  Firms don’t see these candidates at all.  They don’t even know the candidate was considering the firm in the first place.  (You can click here to get a calendar invite and reminder for the session, on Wednesday, April 17, 3pm at NALP AEC – primetime slot!)

What is firm culture?  In my mind, there is a difference between Website Culture and Real Culture.

Website Culture is firm culture that is manufactured to be published on the firm’s website, but doesn’t actually exist in real life.  Real Culture is a culture within the firm where everyone is treated with respect and appreciation, where people want to work and don’t care about the benefits listed on the firm’s website.

You can have the most beautiful website in the world, with all of your wellness benefits listed there.  But if a potential lateral finds out from their law school classmate or on Fishbowl or somewhere else that the group they are interested is known to be toxic, with partners who are not respectful to associates… well, good luck convincing that person with your website.

But if a potential lateral finds out the firm is wonderful, and vacations are respected, and the attorneys like working there.  You have a new fan.  You barely even need a website.

Here are a few examples from my experience and speaking with associates on this topic.

Parental Leave

– Website Culture:  “We offer 16 weeks parental leave for both parents, and a ramp-up period upon return.”

– Real Culture:  Partners encourage associates to take the full leave and don’t hold it against them by doubting their dedication to the firm or hurting their partnership prospects.  I’ve spoken with multiple mid-levels over the past few years who mentioned that their firm gives 16 weeks, but they were pressured into taking… 2 weeks.  Both are men.  (I’ll never forget when I had my daughter in 2020 – the head of my group called me and said he wanted me taking the full 16 weeks and checking email once per week.  Real Culture.)

Working on Evenings and Weekends

– Website Culture: “We respect work-life balance and recognize that attorneys bring their best selves to work when they can enjoy personal passions and time away from work.”

– Real Culture: Working on weekends and late nights happens, and sometimes unavoidable.  Associates who join top BigLaw firms should expect this.  But, when an associate spends all weekend on a project, the partner makes a quick phone call to thank them.  When an associate is up late all week getting a deal done, the partner calls and says thank you and once the deal is over, encourages that the associate take it easy with a light day.  The partners don’t assign work over the weekend, due Monday, only to not respond and then look at it on Thursday.  When clients set unrealistic deadlines, the partners gently push back and ask if x deadline would work, as that is more realistic for the team (it almost is, just need to ask).

When I was a first-year associate, I saw two examples of Real Culture that I don’t think I’ll ever forget.  First example: we were working nonstop on a busy deal for a few weeks.  Every weekend all weekend (my team had it worse, I signed off for the Sabbath each Friday night to Saturday night, and joined them back in the office once sundown hit on Saturday).  The deal signed overnight on a Sunday night finally.  The partner called us on Sunday night and told us to take the next two days off.  They don’t count as vacation days – just take it off.  One of those days was my wife’s birthday (dodged a bullet there).  After a rough few weeks, those were probably two of the best days ever.

Second example: I got to work Monday morning and was asked by the senior associate to work on something that came up during the weekend.  I scrolled down the email thread, and noticed what happened – the Corporate team reached out to the partner asking if our team (I was on the transactional IP specialist team) to help on something urgent over the weekend.  The Corporate team dropped the ball and should have sent it sooner, and now it was urgent.  The partner responded that he is not going to have his associates ruin their weekend because of the Corporate team’s mess-up, so he did it himself on Sunday.  Then we picked up where he left off on Monday.  I don’t think I was supposed to see that part of the thread, but I did, and I have a lot of respect for him for that.  That’s Real Culture.

– Website Culture: “We treat each other with respect and the best part of our firm is the people.  We have an in-house therapist to help our attorneys work through challenges, given the demanding nature of our industry.”

– Real Culture: Your firm operates in a way that reduced anxiety on associates and reduces the need for a therapist in the first place.  When an associate messes up, the situation is handled with grace, as a learning opportunity, not as a punishment.  Partners don’t raise their voices, even when something goes wrong.  When an associate needs improvement, the goal is to help the associate grow, not take away work or figure out how to box them out.  When work is assigned and done well, the partners provide positive feedback.  As an associate, I cannot describe how good it feels to get a “hey, you did a great job on this, nicely done.”  I’m almost embarrassed to say it, but it’s true.  My rule: if you are eager to provide negative feedback when due, you need to also be eager to provide positive feedback too.  For an associate to get the full picture, it needs to go both ways.

– Website Culture: “We offer unlimited PTO!”

– Real Culture: Associates are actively encouraged to take vacation.  When they take vacation, team members work with the associate to cover on deals/cases.  They don’t bother the associate on vacation unless absolutely necessary.  Sometimes the partner will pitch in on some “associate-level” work as a sacrifice to let the associate enjoy their vacation.  The team has an unwritten mutual agreement: we cover on vacation so that we’re covered on vacation.

– Website Culture: “We focus on professional development of our associates to grow into the best attorneys they can be.  We have a culture of mutual respect and transparency to provide feedback and both downwards and upwards.”

– Real Culture:  Attorneys provide feedback in real time at the appropriate cadence as well as structured feedback during reviews.  If there is a reduction in force or other downsizing, the firm is open and honest about it, without gaslighting the associate into thinking it’s their fault.  One troubling trend I’ve seen in 2023: we heard from associates who got great reviews all year, billed 2300+ hours, and were well-liked.  Then, one day, they were notified that they were being let go for performance, and had 90 days to find a new job.  Call it stealth layoffs, call it performance-related, call it what you want – but that shouldn’t be the first time the associate hears about this “performance issue.”  

We are in the age of information.  A law student or potential lateral considering your firm will hear things.  Speaking with classmates, friends, and others.  Fishbowl has tens of thousands of users in the BigLaw bowl.  Even more when you count the other related bowls.  There are even more people on Reddit.  When a potential lateral posts a question asking for insight into X firm, and there are only negative comments (including from people that work there or have worked there), there are thousands of people seeing that.  (I don’t particularly like Fishbowl (that is me putting it lightly), and it can be overly negative.  But I have seen positive feedback for firms on Fishbowl – associates will give credit where credit is due… sometimes.)

Your website, online profile, or marketing materials are nice.  But your best PR is how people treat each other at the firm.  Build Real Culture, not Website Culture.