Question: I’m an associate considering a move to another law firm. Should I use a recruiter in connection with this process?

In my experience, it is helpful to use a recruiter in connection with a lateral move. A recruiter can help assist you with the process, especially if this is the first time you have made a move. The recruiter also can introduce you to firms that you may not have considered and help you prepare for the interview process. A recruiter can provide you with guidance on what is happening in the marketplace and provide you with what to expect in terms of compensation and bonus. Recruiters can also answer your questions regarding current topics such as in office versus remote work and discuss with you the firm’s expectations. The more information you have, the better position you will be in to determine if making a move at this point in your career is right for you.

Most importantly, I recommend finding a recruiter that you like and then developing a relationship with that person. If that means “interviewing” several recruiters to find one that you enjoy working with; then do it. You want the person that will be assisting you with a potential career move to be a trusted advisor. In order for that to happen, you have to be invested in the relationship. The best recruiters also view their relationships in the long-term and are willing to make an investment in their candidates. I’ve been practicing for almost 27 years and some of my longest relationships are with recruiters that I’ve met over the course of my career and stayed in contact with. The great ones are always available for a call and they are a great resource to have in your “tool kit.” So even after you make a move, if you enjoyed working with this person, stay in touch.

Question: I’m a lateral partner that is considering a move to another law firm. I’ve heard that these firms cannot ask me about my current salary. Is this true? If so, and I decide not to disclose my salary, could that have negative implications?

The majority of states have adopted laws that prohibit employers from requesting salary history information from candidates. For example, California, Illinois, and New York have adopted laws prohibiting employers from asking lateral candidates about their salary history information. Some cities have done the same. Certain states, such as Michigan, allow employers to ask about salary history, but only after a conditional job offer is made to the candidate. A few states prohibit employers from relying on a candidate’s salary information in setting compensation if it is discovered or volunteered. Other states have remained silent on the issue. Therefore, the first consideration is where are you barred and does the state in which you practice have any such type of law.

Then once you understand whether such a law applies in your jurisdiction you must then consider whether refusing this information will negatively impact your lateral process. This is likely one of the most difficult questions to navigate as the reality of the lateral process is that the refusal to disclose at least a salary range may preclude the process from moving forward. The law firm or firms that you are interviewing with need to have at least a range with which they can model your candidacy. Absent any salary information, you may wind up with an offer that is not what you are looking for.

Question: I’m a lateral partner that is in the process of looking for a new position at another law firm. I anticipate receiving several offers at the conclusion of this process, should I share those offers with the other firms.

Offers that law firms provide candidates are in most cases confidential. Firms may send offer letters that explicitly state the offer is to remain confidential or may otherwise express to the candidate that the offer is to remain confidential. Regardless, firms keep offers confidential from the public, competitive law firms, and other attorneys and personnel at the firm. This information is, thus, confidential to both the law firm and to the candidate. Other firms do not have a right to it. 

Having said that, have I seen instances where a candidate will tell one law firm what the other firm is offering in the hopes of getting the first law firm to increase its offer. The answer is yes. That does happen. But the better way to handle the situation is to tell the firm that is your first choice that you would need a certain level of compensation in order to accept its offer. That is the best way to negotiate an offer. You should not disclose the name of the other firm or disclose details of the other firm’s offer. 

Question: I’m an associate that is looking for a new associate position at another law firm. Will the firm I’m interviewing with ask for my performance reviews or self-evaluations? If so, should I disclose them?

Firms should not be asking you for this type of information. Not only is the usefulness of a candidate’s prior law firm performance reviews questionable, but requesting a candidate’s performance review implicates important concerns that you must be mindful of. First, the content of attorney-performance reviews likely contain confidential and privileged information. For example, the review could include confidential client-specific information related to a transaction or ongoing litigation that you worked on. It may also include attorney-client information, attorney-work product, and proprietary firm strategic plans. For these reasons, many law firms have policies in place requiring that performance reviews are to be treated confidential and should not be shared outside of the firm or even within the firm. Another related consideration is your privacy interest and the privacy interest of the reviewers who likely drafted their reviews of you with the expectation that the reviews will remain private. The same considerations apply to your self-evaluations. Second, the performance reviews are likely your firm’s confidential information; prospective employers should not be asking for the current firm’s confidential information in connection with the lateral process. Simply put, these materials are confidential. The materials also may be privileged depending upon their content, and should not be shared outside your current firm.