T A B L E O F C O N T E N T S

2 From the President: Reading Between the Linesby Mina Jones Jefferson

3 From the Executive Director: Fostering Inclusivity — Now More Than Ever by James G. Leipold

5 Update from the Emergent Employer Engagement (E3) Task Force by Kristen Uhl Hulse

7 Tips and Tools for Applying to Newly or Nearly Confirmed Federal Judges by Marilyn F. Dreesand Elizabeth K. Peck

8 Getting to Happily Ever After: UnderstandingYour Firm’s Professional Responsibilities in theLateral Recruitment Process by Jacki Herzog

11 NALP Research: Women and Minorities at LawFirms by Race and Ethnicity — New Findings for2016 by Judith N. Collins

13 Spring Break at the NALP Conference — An Experienced Professional’s Perspective by Marguerite E. Durston

14 Board Recognizes Andrew Chapin with ServiceExcellence Award

15 Measure Twice, Cut Once by Karen H. Hester

17 It Takes a Village: Strengthen Your Public Interest Community through Thoughtful Collaboration with Faculty and Students by Elyse Diamond and Leigh-Ann Todd Enyame

19 Staying Ahead of the Curve in Law Firm AlumniRelations by Cynthia Jordan

20 New GPS Coordinates — Transitioning Associates Beyond Law Firms by Jason Levin

22 How Career Counselors Can Work Most Effectively with Students with Asperger’s Syndrome by Lisa Key

24 Habit Forming: Self-Care as an Essential Element of Professional Development by Francie Scott

26 Newcomer’s Corner: Welcome to Your New Firm!Diving Headfirst into Recruiting by DanaNeiswander

Responsibilities in the Lateral Recruitment Process / 8

Self-Care as Part of PD / 24

Women & Minorities in Law Firms / 11

BulletinFebruary 2017

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Knowing what to expect ishalf the battle. It’s theother stuff that trips us up.Case in point: Just when Ithought I had gotten myhands around bias in theworkplace, I stumbledupon a new and improved

angle in the article “Research: How SubtleClass Cues Can Backfire on Your Resume” inthe Harvard Business Review (December 21,2016). The article is written by LaurenRivera, who is also the author of Pedigree:How Elite Students Get Elite Jobs. When mynew boss arrived, she recommended thisbook to me as a good read. I didn’t read it.Now that I have stumbled onto this article Iwill mention it to her, and then maybe wewill be even in a roundabout way.

“Subtle Class Cues” focuses on the summerassociate hiring process, comparing the hiring process for law students at first-tier

schools to those at second-tier schools.Rivera, the author, certainly knows ourbusiness, or at least our hiring patterns,and describes the hunt for summer associ-ates this way: “Every fall, tens of thousandsof law students compete for a small numberof coveted summer associateships at thecountry’s top law firms. The stakes arehigh: getting one of these rare internshipsvirtually guarantees full-time employmentafter law school. The salaries are unbeat-able, six-figure sums that catapult youngstudents to the top 5% of household incomes nationally and are often quadrupleof those offered in other sectors of legalpractice.”

I was intrigued that our industry was thefocus of her research. As I continued toread, my intrigue gave way to somethingmore like despair. According to Rivera lawstudents at second-tier schools are sub-jected to social class bias in addition to

gender bias. While gender bias in the workplace is a known entity, social classbias related to extracurricular activities wasnews to me, as was Rivera’s suggestion thatstudents omit activities from their résumés.Please do not think that I agree withRivera’s suggestion that we counsel stu-dents to omit activities. To the contrary. It’sknowing what to expect when students doinclude activities that kept my attention.Rivera illustrates the subtlety of class cuesby comparing a student whose activities include being a member of her college trackand field team relay event, or another activ-ity with low financial barriers to access, versus a student who lists sailing as an activity. That example is a little more obvi-ous. More subtle is that increased studentactivism among first-generation studentscan also trigger social class bias.

Just as quickly as despair set in I realizedthat we — those who support the careers oflaw students and lawyers — could actuallyinterrupt this bias. Social class can be a dimension of diversity, which is already

F R O M T H E P R E S I D E N T — M I N A J O N E S J E F F E R S O N

February 2017 — NALP Bulletin 2

Reading Between the Lines sorely lacking in our profession. WhileRivera posits that white shoe law firmsfocus more on the on-campus interviewprocess to vet students at first-tier lawschools, she asserts that for students atsecond-tier schools the résumé is king because those students apply for summerassociate positions via résumé collects. Aswe sit in rooms where hiring decisions aremade we cannot assume that someone elsewill interrupt the process. Instead we arethe ones who have to lead the way on thisone. We can model the language and high-light the tools that will interrupt bias. Howdoes that look? Good question. Many of usare familiar with the strategy of removingcandidates’ names from résumés or remov-ing academic information such as GPAs.Let’s take it a step further. The next timethe question of “fit” arises or a concernabout an applicant’s “ability to work withclients” emerges is where we step in andinterrupt. Ask the speaker to unpack thatstatement because social class bias is likely afoot. �

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The year 2017 pres-ents us all with a special challenge.

NALP has long been achampion of diversityand inclusiveness, advocating for a more

diverse and inclusive legal profession, andworking hard to celebrate the diversity ofthe NALP membership and ensure diversityand inclusion in the NALP volunteer leader-ship and governance structures. We haveused NALP’s research capacity to highlightthe under-representation of women and minorities, LGBT people, and people withdisabilities in law firms. (See NALP’s mostrecent Report on Diversity in U.S. LawFirms.)

But what I write about today is something alittle bit different. NALP members play a

unique role in supporting law students andlawyers as they seek and form professionalidentities and careers. In the year ahead,that role will be more important than ever.We have just been through an election cyclethat was unprecedented in its level of ran-corousness (and with advance apologies toour Canadian members, this column growsout of a particularly ugly American story).The rhetoric was mean spirited and singledout both individuals and groups in mali-cious ways. It left a lot of people on bothsides of the aisle feeling bruised and demoralized, and left many groups of people feeling left out and unwelcome intheir own communities. I have heard frommany NALP members that the election itself felt like a repudiation of all of the values that they had spent an entire career working toward.

Leaving aside the election results them-selves (that is for another day and anotherforum), I want to zero in on how many of ourlaw students and young lawyers may befeeling this winter in the aftermath of thewar of words we have all just lived through.It strikes me that as a young woman, as ayoung African-American male, or as a younglesbian or gay man finishing law school, applying for jobs, starting a new job, tryingin year two to get ahead in one’s career,

there must be for some strong feelings ofnot belonging — or of at least wonderinganew whether they belong, whether theyever can belong. There has to be a height-ened sense of vulnerability. Even I feel thatnow after so many years of kicking aroundconfidently in this world of ours.

Fostering Inclusivity: Now More Than Ever

February 2017 — NALP Bulletin

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F R O M T H E E X E C U T I V E D I R E C T O R — J A M E S G . L E I P O L D

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February 2017 — NALP Bulletin

Our job is to be keenly aware of the feelingsof vulnerability and exclusion that many ofthe law students and lawyers around us arefeeling this winter, and to reach out tothem, to make real and honest human con-tact with them, to let them know that theyare not alone, to let them know that they really do belong. Their feelings may beheightened out of all proportion to reality inways that may seem exaggerated or unjusti-fied, particularly in the eyes of partners orprofessors or other leaders in our institu-tions. But the feelings are real, and the theater of our political process has put hateand exclusion, racism, homophobia, andsexism — and even misogyny — all in play,and has legitimized language and actionsthat our social compact had long forbidden— or has at least allowed ugly feelings tosurface that were long suppressed. It’s inthat climate that law students and younglawyers are trying to forge careers and pro-fessional identity, and it’s in that climatethat NALP members can make a particulardifference this winter.

NALP has always been a place where every-one is welcome, everyone is valued. Ourmembers understand both the value andthe challenges of diversity and inclusion ata very fundamental level. Our training andexperience as legal career professionalsgives us special insight into the strugglesyoung lawyers face in the workplace, partic-ularly when they feel excluded. Creating atruly inclusive workplace that makes every-one feel welcome is hard work, and it is notsomething that law firms in the aggregatehave done particularly well, though individ-ual law firms and law offices have madegreat strides. And I think that in the after-math of our national elections, even theoldest partners can understand the vulnera-bility that some of the people we work withare surely feeling.

As legal career professionals, we have aspecial obligation to make our workplacessafe places for everyone, and as NALP members collectively we have the skills andtraining to do that. We’ve got this! Let’smake 2017 the year of true inclusivity. �

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February 2017 — NALP Bulletin

ties for recent graduates: (1) compliance; (2) data privacy and security; and (3) legalprocess outsourcing (including documentreview and other outsourced legal servicesnow being performed by JDs in lower-costlocations). We will design the toolkits as aresource for CSOs to share with their stu-dents and alumni; the toolkits will providean overview of the particular industry, relevant job search websites and profes-sional associations, and sample job descriptions or targeted skill-sets.

The second initiative is to develop a NALP-sponsored emerging legal jobs summit in

roles. Our E3 team includes representativesfrom member law schools and legal employers, and we have spent the past fewmonths building our knowledge base of industries in which we have found a num-ber of emerging opportunities for recent JD graduates.

In 2017 we will launch two initiatives gearedtoward educating law school CSOs, theirstudents, and alumni about emerging legaljobs and, in the process, conducting out-reach to engage emergent employers. Thefirst initiative is to create a series of web-based toolkits focusing on three industrieswhere we have seen emerging opportuni-

The calendar turns, and the job market forJD graduates continues to evolve. As I writethis column at the start of 2017, I reflect onyear-end legal industry retrospectives aboutthe changing nature of law practice, not tomention the many NALP Industry NewsWeekly Digests from 2016 that highlightedtechnology-fueled disruption and otherlegal market innovation — including new(we would say “emerging”) roles for JDs. It’san interesting topic, and a relevant one forour membership, since we support andserve a profession in which the types ofjobs and attendant responsibilities are fundamentally changing.

NALP leadership identified the importanceof tracking and reporting on emerging legalopportunities several years ago, and NALPmembers have consequently been able tolearn about market innovation throughNALP Bulletin articles, conference panels,and reports produced by specialized workgroups (see www.nalp.org/emerging_legal_jobs). Continuing NALP’s commitmentto these efforts, President Mina Jones Jefferson formed the Emergent EmployerEngagement (E3) Task Force to focus onmember resource development in the areaof emerging legal jobs and relationship-building with employers hiring JDs for those

Update from the Emergent Employer Engagement (E3) Task Force by Kristen Uhl Hulse

Kristen Uhl Hulse is Director of Attorney Recruitment & Professional Development for Coblentz Patch Duffy &Bass LLP. This article was submitted on behalf of the NALP Emergent Employer Engagement (E3) Task Force.

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Washington, DC, on October 6, 2017. Whilewe have not yet launched the formal plan-ning process, we aim to feature emerginglegal employers, JDs serving in non-traditional roles, and innovative CSOs anddeans who have worked together to prepareJDs for opportunities in this new legal land-scape. In addition to industry-specific dis-cussions, we plan to cover best practices foremerging employer outreach and to providean opportunity for our members to createrelationships with emerging legal employ-ers. Stay tuned for more details!

Outreach to emerging employers is criticalto our mission. To accomplish both initia-tives, our E3 team will conduct interviewswith targeted individuals serving in emerg-ing roles, and we will use these discussionsto populate the toolkits and to develop relevant programming for our conference.

NALP members know JD graduates servingin emerging legal roles, and forward-think-ing CSOs are forging relationships with non-traditional and emerging employers in aneffort to generate opportunities for theirstudents and alumni. Therefore, we look to

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you for suggestions as we develop a list oftargeted contacts and build out our confer-ence agenda. Do you have any helpful con-tacts in the areas of compliance, dataprivacy and security, and/or legal processoutsourcing? In your daily work, have youcome across emerging legal employers thatare hiring JDs for non-traditional roles? Hasyour CSO been innovative in identifying andconnecting with emerging legal employers?Do you have alumni serving in emerginglegal roles? Have you had any successes (or failures) in trying to procure this type ofinformation? What topics would you like to see covered in an emerging legal jobsconference? We would greatly appreciatehearing from you. Please email me atkhulse@coblentzlaw.com if you havethoughts or further ideas on our E3 initiatives.

With each new year, there becomes a more defined path for JDs to pursue non-traditional opportunities. 2017 will be anexciting year as NALP continues to build resources and connections in the emerging legal space. �

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February 2017 — NALP Bulletin 7

district judge moving to a federal circuitcourt, or a state judge moving to a federal court).

It seems obvious that students and alumniwould apply for clerkships with these newjudges immediately after confirmation, butshould they apply sooner? For students, theanswer is most likely “no.” A new judge’stop priority is finding clerks who can startimmediately. Student applicants who areoffering their services for one or more yearsin the future can be ignored or overlooked ifapplying too soon.

Alumni can take a different approach because they can leave their current jobs to clerk for a new judge rather quickly. Because they are expected to hit theground running, nominees may quietlybegin considering applications while theirnomination is pending, when signs are positive. Given the uncertainty of the confir-mation process, what indicators can helppotential applicants? The earliest indica-tion of progress is the Senate JudiciaryCommittee hearing; applications before the

recommendation. Alternatively, the Com-mittee may take no action, and the nomina-tion then be returned to the President. Ifthe nominee is reported to the full Senate,a majority must vote for confirmation. Overthe last 10-15 years, the typical time fromnomination to confirmation has been atleast 100 days, with some nominees wait-ing upwards of 300 days.

A new Presidential administration means anew start to federal judicial confirmations.Many of your law students and alumni willbe needed to assist these new judges. The clerkship process for these new judges,however, may seem even less straightfor-ward than the “regular” clerkship process.A quick refresher on the Senate’s judicialconfirmation process and a few strategictips will assist your clerkship applicants in making the most of these new opportunities.

First, a brief primer on the steps from nomination to confirmation. After the White

House nominates a candidate, the nomineeis referred to the Senate Judiciary Commit-tee, and she must complete a detailed Biog-raphical Questionnaire (which, once postedon the Committee website, can be invalu-able for applicants researching a nominee).The Committee will calendar a hearing onthe nomination; however, the hearing canbe calendared many times. Once the hear-ing is held and follow-up written questionsanswered, the Committee votes to reportthe nominee to the full Senate. (That votecan also be rescheduled many times.) TheCommittee may report the nominee to theSenate favorably, unfavorably, or without

Tips and Tools for Applying to Newly or Nearly Confirmed Federal Judgesby Marilyn F. Drees and Elizabeth K. Peck

Marilyn F. Drees is Director, Judicial Clerkships, for Yale Law School. Elizabeth K. Peck is Assistant Dean for Professional Development and Clerkships at Cornell Law School. This article was submitted on behalf of the NALP Judicial Clerkships Section.

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The typical time from nomination to confirmationhas been at least 100 days,

with some nominees waiting upwards of

300 days.

Newly confirmed federal judges will typi-cally hire clerks in short order. The numberof vacancies will depend on the type ofcourt. In addition, new judges who are already on the bench may bring one or moreof their clerks with them (e.g., a federal

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pily ever after” life at your firm. This articleis intended to give those involved in lateralrecruiting a bird’s eye view of some of thekey professional responsibilities and ethi-cal issues involved in the recruitmentprocess. As a disclaimer, you should alwayshave a member of your firm’s conflicts teamavailable to consult and a member of yourfirm’s Office of General Counsel available to discuss the ABA’s Rules of ProfessionalConduct and their corresponding ethicalimplications.

As the lateral recruiting season swings intofull gear, it is vital to recognize both a can-didate’s and a firm’s responsibilities duringthe entire recruitment process so that allparties can manage the risk. Recruiting canbe very exciting for all parties. In a way, it isa lot like dating. You meet the candidatesonline, perhaps through LinkedIn, orthrough a matchmaker (e.g., recruiter), orvia a blind date (e.g., internal referral).However, unless due diligence is completedeffectively and both parties adhere ethicallyto the rules of professional responsibility,firms and candidates won’t reach the “hap-

Getting to Happily Ever After:Understanding Your Firm’s Professional Responsibilities inthe Lateral Recruitment Process by Jacki Herzog

Jacki Herzog, Esq., is Manager of Legal Recruitment for Clark Hill, PLC. This article was submitted on behalf of the NALP Recruiting Section.

February 2017 — NALP Bulletin

also important for applicants to be clearabout their own availability.

It is generally not difficult to find the currentworkplace of a nominee, and a paper appli-cation packet can be sent to that address. Itis often possible to find a nominee’s emailaddress, in which case a PDF applicationcould be submitted. Immediately after con-firmation, candidates should mail applica-tions to the court on which the judge will sit.

Useful websites for monitoring nominations:

• US Senate Judiciary Committee Page —https://www.judiciary.senate.gov/nominations/judicial

• US Senate Nominations Page —www.senate.gov/reference/Nominations/Index.htm

• USDOJ Office of Legal Policy Page —https://www.justice.gov/olp/judicial-nominations

• Judicial Vacancies Page – AdministrativeOffice of the US Courts —http://www.uscourts.gov/judges-judgeships/judicial-vacancies �

hearing is completed are probably prema-ture. An affirmative Committee vote to sendthe nominee to the full Senate is a strongerindicator and may offer an appropriateopening for an application.

Should an alumni applicant who appliedpre-confirmation reapply post-confirmationif he heard nothing during the nominationprocess? Most certainly. If the newly con-firmed judge posts a position to OSCAR orher website, the alumni applicant shouldreapply. Even without a formal notificationthat the judge is hiring, the applicant canwrite to the judge, congratulating her onher confirmation (that the applicant has sodutifully been following) and include appli-cation materials.

In the absence of specific information, applicants should submit the standard materials. The cover letter should acknowl-edge the nominee’s status (e,g., an under-standing that the nomination is pendingwith the full Senate or that the judge hasbeen recently confirmed) and request thenominee consider the application when it isappropriate for her to do so. Obviously, it is

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February 2017 — NALP Bulletin

General Counsel or seek the advice of inde-pendent counsel with a specialty in profes-sional ethics. Local bar associations andlaw schools can often provide recommenda-tions for local ethics counsel.

While a candidate who is a partner is focused on a career move, you may needto remind the candidate that he/she hasan ongoing fiduciary responsibility tohis/her current law firm. This fiduciary responsibility exists until he/she is no

Regardless of the size of a candidate’sfirm, consider recommending to a candi-date who is currently a partner thathe/she read his/her firm’s operatingagreement early in the recruitmentprocess. It is important that recruiting pro-fessionals encourage candidates to reviewtheir current firm’s operating agreements toconfirm the process for exiting from thepartnership. Generally, operating agree-ments spell out the specifics of a notice period and the firm’s right to accelerate thedeparture of an exiting partner, along withthe timing and method for notification ofclients. For a departing equity partner, operating agreements commonly addressthe method for which capital contributionsare returned to equity partners. For candi-dates who are not currently partners, employee handbooks may address thelength of a notice period required, alongwith any joint client notification require-ments. If candidates have any concerns, itmay be appropriate to advise them that itcould be in their best interests to speakwith a representative of your firm’s Office of

fees be paid before the file is transferred to the lawyer’s new firm. Examples ofbreaches of fiduciary responsibility include(i) discussing a potential departure with anassociate or support staff prior to giving notice; (ii) soliciting active clients prior togiving notice; (iii) disclosing attorney-clientconfidences; and (iv) participating in finan-cial decisions that obligate the firm beyondhis/her expected exit date. It is also abreach of fiduciary duty to disclose suchconfidential firm information as firm-widebill rates, firm receipts, and firm-widesalaries.

In order for a prospective firm to completeits conflicts check, a candidate can disclose the identity of his/her clients and the general nature of the clients’ issues to the extent needed to completethe analysis. Many candidates raise con-cerns when asked to identify their activeclients and matters. Attorney-client privi-lege does not have to be compromised inorder for a potential firm to run a conflictscheck. To do so, the candidate and the

longer obligated to the firm, which maymean until he/she gives notice. In othercases, fiduciary obligation continues until alawyer has formally exited his/her firm. Examples of fiduciary responsibility can include an obligation to bill and collect onbehalf of the lawyer’s current firm and notto delay any billings. It is important that departing lawyers continue to service andcollect from current clients. In some states(for example, Illinois), law firms can place alien on a client’s file, requiring that legal

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February 2017 — NALP Bulletin 10

inadvertently prevent their firms from doingwork for those organizations. As a result,adding a lawyer with a current appointmentmay immediately disqualify your firm fromfuture or even current ongoing work. In addition, it is prudent to determine if thecandidate has served as a mediator, judge,or arbitrator and may require additional

prospective firm should share limited client information to the extent reasonablynecessary to identify and resolve possibleconflicts of interest. This conflicts reviewshould include information about represen-tations, previously concluded or still open,where the candidate may continue to retainconfidential information or where the candidate’s knowledge may require thatthe candidate be screened from a matter ormatters at the new firm. This review appliesto all lawyers, even if the lawyer is notbringing the client to the new firm. Sincethere are no clear-cut rules on how far backa firm should obtain such information,firms collect 12 months, 24 months, 36months, or more of prior representations.

Since conflicts of interest may extend beyond traditional attorney representa-tion, you should assure that your due diligence includes a review of any con-flicts that may result from the attorney’spersonal interests. Possible client conflictsmay result from personal participation oncommunity or not-for-profit boards or out-

staff. However, in some cases an operatingagreement may specifically prevent solicita-tion until after the candidate has departed.Since pre-departure recruitment of associ-ates or support staff may be deemed a violation of a candidate’s fiduciary duties,the prudent course is to refrain from solicit-ing employees until the departing lawyerhas left and joined the new firm.

It is vital to understand the risks associatedwith the entire legal recruitment process.Not only do candidates hold a fiduciary responsibility through most of the recruit-ment process, but your firm must managethe variety of risks associated with recruit-ing lateral lawyers and their clients. Only byrecognizing the professional responsibilityand managing the associated risk can yournew lateral lawyers live “happily ever after”at your firm. �

A special thank you to John Schneider,Esq., from the Clark Hill PLC Office of General Counsel, for his ongoing counsel in the areas of conflicts, professional responsibility, and legal ethics.

screens or even must recuse himself/herself from any matters.

Candidates are often excited to share theirnews of a new firm with long-term clients,but they should not notify clients untilthey have formally announced their depar-ture to their current firm. Once the candi-date accepts your firm’s offer and givesnotice, he/she is free to speak with his/herclients and begin the process of movingthem. Remind your candidate that clientfiles should only be transferred upon theclient’s clear written instruction via a choiceof counsel letter. At this point, you maywant to engage your firm’s business intakeoffice in the recruitment process.

The candidate’s ongoing fiduciary duty tohis/her current firm generally permits thecandidate to discuss and make plans for adeparture with other partners but not tosolicit associates or support staff. Oncecandidates provide notice of their depar-ture to their current firm, they are generallypermitted to openly discuss their move withothers and solicit associates and support

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side fiduciary positions. A candidateshould disclose if he/she has engaged inany business transactions with clients orhas any significant ownership interest in aprivate or public company. Often, lawyerswho are appointed to boards of directorsor other similar types of appointments may

A candidate should disclose ifhe/she has engaged in anybusiness transactions with

clients or has any significantownership interest in a private

or public company.

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February 2017 — NALP Bulletin 11

In a January 2017 Report on Diversity in U.S.Law Firms, NALP noted that women andBlack/African-Americans made small gainsin representation at major U.S. law firms in2016 compared with 2015. However, repre-sentation of both these groups remainsbelow 2009 levels. Although women andminorities continue to make small gains intheir representation among law firm part-ners in 2016, the overall percentage ofwomen associates has decreased moreoften than not since 2009, and the percent-age of African-American associates has declined every year since 2009, except for a small increase in 2016.

The report provides additional figures toshow that aggregate statistics about therepresentation of women and minority attorneys at law firms do not tell the wholestory, and some of those findings, as wellas some new findings, are presented here.

For instance, among all employers listed in the 2016-2017 NALP Directory of LegalEmployers, just 8.05% of partners were minorities and 2.76% of partners were minority women. Moreover, many offices report no minority partners at all. And notably, although the most recent informa-tion shows that minority representation

among associates as a whole has increasedfor six years in a row after declining from2009 to 2010, a more detailed look revealsthat much of the increase has been and cancontinue to be attributed to an increase inAsian associates. Meanwhile, representa-tion of Blacks/African-Americans among associates slid every year from 2010 to 2015and remains below its 2009 level despite a small increase to 4.11% in 2016. Asiansaccount for half of minority associates, and Hispanics have outnumberedBlacks/African-Americans in the associateranks since 2014.

Of the four categories of lawyers tracked inthe directory, minorities in general and minority women specifically are most common by far among associates and non-traditional track/staff attorneys — hereafterreferred to as staff attorneys. (The term minorities as used here includes lawyersidentified as Black/African-American, Hispanic, Native American, Asian, NativeHawaiian/Pacific Islander, and multi-racial.The very few Native American, NativeHawaiian, and multi-racial lawyers are not reported out separately.) Minorities accounted for 22.72% of associates andover 20% of staff attorneys. Figures for minority women were about 12.4% and13.1%, respectively. But representation ofBlack/African-Americans and Black/African-American women specifically amongstaff attorneys is down from 2015. Repre-sentation of Black/African-Americansamong staff attorneys fell by three-fifths ofa percentage point, whereas figures forAsians and Hispanics were up. In fact, the2015 figures in turn were down from 2014,when Black/African-Americans accounted

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Women and Minorities at LawFirms by Race and Ethnicity —New Findings for 2016 by Judith N. Collins

Judith N. Collins is the NALP Director of Research.

N A L P R E S E A R C H

Representation ofBlacks/African-Americans

among associates slid everyyear from 2010 to 2015 and remains below its

2009 level.

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February 2017 — NALP Bulletin 12

for about 6.5% of staff attorneys. A changein the categories effective in 2014 pre-cludes direct comparison with prior years,but a look at the most comparable figuresfor 2012 and 2013 — combining the “staffattorney” and “other attorney” categoriesused then — suggests that 2014 was high,at least in this time period. The “counsel”category falls in between the lows for part-ners and the highs for associates and staffattorneys, but more closely resembles part-ners in this regard. The racial/ethnicmakeup differs quite noticeably acrossthese categories of lawyers. Though Asiansare most prevalent across all categories,the degree to which they outnumber otherracial/ethnic groups varies, with the largestdifferences among associates, whereAsians outnumber Blacks/African-Americans by almost 3 to 1. Representationof Blacks/African-Americans specifically ishighest by far among staff attorneys, at5.12%, compared with 4.11% of associatesand about 1.8% of partners and counsel.Among Hispanics figures range from 5.09%of staff attorneys to over 2% of partners andcounsel. (See Table 1.)

Additional information by firm size for partners and associates is shown in Tables 2 and 3. Asians are somewhat moreprevalent than either Blacks/African-Americans or Hispanics among partnersand associates. Differences are evident depending on the size of the firm. For example, the presence of Hispanic partnersand associates generally increases withfirm size, whereas among Blacks/African-American partners and associates thatprogress stalls at firms of 501-700 lawyers.Among associates, Asians account for halfof minority associates at the national level,and over half in the largest firms. (See Table 2 and Table 3.)

As might be expected, these figures varygreatly by city. For example, among largercities — those with 500 or more partnersrepresented in the directory — Black/African-American associates and partnersare most common in Atlanta, Detroit, andWashington, DC, while Asian associatesand partners are most common in LosAngeles, Orange County, CA, San Francisco,

and the San Jose area. Hispanics dominatethe minority presence in Miami.

Additional insight on women and minoritiesat law firms comes from looking at the extent to which women and minorities arerepresented at each office, rather than for acity or for the nation as a whole. Thus, thefact that 8.05% of partners as a whole areminorities does not mean that minoritiesmake up 8.05% of partners at each of thealmost 1,100 offices and firms representedin the directory. In fact, over 18% of officesreported no minority partners, and almost45% reported no minority women partners.Likewise, almost 10% of offices/firms haveno minority associates, and almost one infive reported no minority women associ-ates. Offices in firms of 701+ lawyers farebetter on these measures at 6.0% and15.6%, respectively. Just 27.6% of offices reported that more than half of associateswere women. (See Table 4 and Table 5.) Notably, the percentage of offices with nominority partners decreased by more thanone percentage point, and the percentagesof offices with no minority associates or no

minority women associates were down by 2and 3 percentage points, respectively. Also,compared with the 51.3% of offices wherefewer than 45% of associates were womenin 2015, the figure for 2016 was lower. Thatis, the percentage of offices where fewerthan 45% of associates were women decreased in 2016 compared with 2015.This is in contrast to 2015 compared with2014, when these percentages moved inthe opposite direction — that is, the preva-lence of less representation of women andminorities among associates increased. Forexample, the percentage of offices with nominority associates increased from 10% in2014 to 11.7% in 2015.

The source for Tables 1-5 is the 2016-2017NALP Directory of Legal Employers. The January 2017 Report on Diversity in U.S.Law Firms can be found at www.nalp.org/uploads/2016NALPReportonDiversityinUSLawFirms.pdf. �

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February 2017 — NALP Bulletin

The 2017 conference will offer a broad arrayof educational programs on topics includ-ing career paths, judicial clerkships, publicservice, diversity and inclusion, law studentand lawyer PD, lateral recruiting, entry-levelrecruiting, counseling, and technology.More than 25 programs have been identi-fied as “Advanced” programs.

In addition, Experienced Professionalsmight be interested in taking advantage ofthe Foundational Coaching Skills Series,which will be offered on the Tuesday andSaturday of the conference. Saturday willalso provide a chance to take a three-hourworkshop on an assessment tool — the

MBTI Step II tool or the Strengthsfinder test.The assessments will be taken by attendeesin advance of the conference for an in-depth study of the tools on site.

There will also be an Experienced Profes-sionals luncheon again this year. “Experi-enced” NALP members are defined by yearsof NALP membership, years in the industry,and/or levels of leadership engagementwithin their organizations or with NALP.When the EPs gather, look for a lot of socializing and networking with old andnew friends.

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As a member of the NALP Experienced Pro-fessionals Section (an EP), I am really look-ing forward to attending the NALP AnnualEducation Conference in San Francisco from April 18-22! I attended my first NALPconference in 1996, and it was definitely amemorable event. Some of you may remember that Palm Springs conferencewhen NALP was celebrating its 25th anniversary, Kathleen Brady was NALPPresident, and I joined the ranks of “NALP Nerds.”

On a more serious note, in my opinion themost compelling reason to attend the NALP

Annual Education Conference is its educa-tional programming. This year as a memberof the planning team I was able to witnessfirsthand how seriously NALP takes offeringcompelling advanced-level programs for experienced professionals. Each year, members of the Experienced ProfessionalsSection gather together to brainstorm anddraft proposal ideas for the next year’s con-ference. The conference planning team thenspends a lot of time reviewing these andother proposals and deciding which pro-grams to schedule. Several of the proposalsthe EP Section submitted last May werechosen to be presented in San Francisco.

Spring Break at the NALP Conference — An ExperiencedProfessional’s Perspectiveby Marguerite E. Durston

Marguerite E Durston is Senior Manager, Attorney Recruitment, for Quarles & Brady LLP. This article was submitted on behalf of the NALP Annual Education Conference Planning Work Group.

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February 2017 — NALP Bulletin

NALP’s Board of Direc-tors has recognized Andrew Chapin, Director of Public Interest Scholars andCounseling in the Public Interest Resource Center at

Fordham University Law School, with a ServiceExcellence Award for his longstanding contri-butions to the NALP community and his undying spirit of volunteerism.

Board members noted that Andrew embodiesthe member experience with all of the qualitiesit takes to make a good NALP citizen/leader. Hehas given generously of his time to numerousprojects for the membership at large and forthe public service and LGBT communities inparticular. Over the course of his 20+ years as

a NALP member, Andrew has served as amember of the Board of Directors, as a liaisonto the ABA Government and Public SectorLawyers Division, and in many committee,council, section, and work group roles. Andrewhas long been an advocate for collecting LGBTattorney and student demographics and hasbeen instrumental in expanding the collectionof that information in the NALP Directory ofLegal Employers and the NALP Directory of Law Schools.

NALP’s Board of Directors reestablished theService Excellence Awards Program in 2014. Ateach Board meeting, Board members considerNALP members who have made notable contri-butions to NALP and its members. The Boardwelcomes Service Excellence Award nomina-tions from members. See www.nalp.org/awards for additional information. �

Board Recognizes Andrew Chapinwith Service Excellence Award

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I also really enjoy reconnecting with mem-bers at the Member Celebration and citygroup or law school consortium gatherings.My Chicago city group (CALPA) membersand I attend the conference’s Midwest Regional Reception, which gives us anotherchance to reconnect with long-time colleagues while also making new acquaintances.

The conference Resource Center (an exhibithall) just keeps getting better. Each year thevendors unveil new products and services,and offer all sorts of swag. I work for a lawfirm, and the Resource Center has given methe opportunity to meet face to face withsearch firm representatives and others whoattend the conference. Those in-personmeetings have enhanced my working rela-tionships with many recruiters, which ben-efits not only me but also my employer.

I consider attendance at the NALP AnnualEducation Conference a benefit offered bymy employer (and, of course, a benefit tomy employer as well as to me). It’s also sort

of my “spring break.” I get away from theoffice and am inspired and nourished bythe personal achievements and profes-sional triumphs of my fellow NALP mem-bers. In this highly competitive workenvironment, it’s refreshing to know NALPmembers love to share their best practiceswith one another. And we don’t even con-sider that unusual. I already know that I willleave the conference with notes and ideas,handouts, and business cards, feeling energized about returning to work.

There is just something thrilling about attending a conference with more than1,000 legal career professionals. The excitement is truly palpable — from thetime you check into the hotel and see yourcolleagues buzzing around the lobby andwarmly greeting one another to the last sessions on Saturday. There are so manyfantastic, dedicated NALP members to network with and learn from. Please joinme in San Francisco in April. It will be agreat and re-energizing “spring break”! �

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February 2017 — NALP Bulletin 15

Diversity and inclusion (D&I) initiatives can bedifficult and time-consuming to create, and aresometimes hard to implement. But there areconsequences if your organization has a history of starting and stopping programs.Such a history can lead to lower morale or diversity fatigue, less involvement/engage-ment in the future, and loss of goodwill for newprojects. So how can you maximize an initia-tive and its positive impact while minimizingthe negatives? By following the old carpenter’sadage: “Measure twice, cut once.”

The “first measurement” occurs during theplanning stage. What do you wish to accom-plish? What will it take to get there — what resources are needed (financial, personnel,etc.)? Which metrics will determine if the

initiative is “successful,” how will the processof the program be tracked, and which folks/departments will be accountable for the manysteps needed to do the work?

The “second measurement” happens duringthe lifespan of the program and will likely require adjustments as unanticipated issuespop up. Changing your metrics is not a nega-tive sign; it simply means new information isneeded based on your evaluation of the situation. However, make sure to update the appropriate people to ensure there are no misunderstandings or miscommunications.

Many times, especially with D&I initiatives, results are not readily apparent and programs

Continued on page 16

Measure Twice, Cut Once by Karen H. Hester

Karen H. Hester is the Executive Director of the Center for Legal Inclusiveness. This article was submitted on behalf of the NALP Diversity & Inclusion Section.

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February 2017 — NALP Bulletin 16

are cut before they have time to make a differ-ence. Intellectually, most know that changesdon’t happen immediately and that they willlikely involve a two-steps forward, one-stepbackward dance. Continuous and effectiveevaluations will lessen the chances of ending aprogram before its time.

Things to consider as you design metrics in thecreation and evaluation of your program:

• Identify and articulate desired achieve-ments. This means establishing a casestatement. Understanding “why diversityand inclusiveness are critically importantin your organization and how D&I help theorganization accomplish [its] strategicbusiness goals lays the foundation foridentifying issues and measuring efforts toaddress those issues” (Beyond Diversity:Inclusiveness in the Legal Workplace, Cen-ter for Legal Inclusiveness, 2013, p. 205).

• Distinguish between outcomes and outputs. Don’t fall into the trap of beingbusy and forgetting the identified goals. A mentoring program is a great output, but is it having an effect on your identified

outcomes (higher retention rates ofmentees, stronger sense of inclusivenessamong participants, etc.)?

• Create achievements that are measura-ble. If they’re not, maybe a refinement ofyour outcomes is needed. There is value inmeasuring your initiatives, determining ifgoals are being met, and adjusting the pro-gram based upon those measurements.Remember, when measuring, the goal is toshow improvement over your baseline andshow an increase in comparison to the demographic growth of your region (http://www.workforcediversitynetwork.com/res_articles_diversitymetricsmeasurementevaluation.aspx).

At one point, metrics meant doing a head-count, but relying solely on doing thattoday “may lead to opposition because itcauses people to equate the [D&I] initiativewith quotas and [gives] the impression …that hiring and advancement are based onfactors other than merit. While it is still agood idea to keep an eye on headcounts, itshould not be the primary metric you use

for measuring success of the [D&I] initia-tive” (Beyond Diversity, p. 207).

It may be difficult to measure initiativesand quantify those results in easily attain-able and identifiable values, but there aresome excellent resources that can help, including MCCA’s Metrics for Success:Measurement of Diversity Initiatives. Themetric formulas are geared for legal depart-ments but many of them are transferrableto (or can be revised for) law firm use, suchas measuring the neutral language of poli-cies and calculating the percentage of diverse attorneys in a succession pool.

• Embed D&I metrics in current scorecards.This may not be possible for every out-come, but it is imperative that D&I be anintegral part of the organization’s successand that every person and departmenthave a role in its implementation. To thatend, collaborate with those departments inupdating the scorecards to include D&Imetrics. For example, with recruiting, besides tracking the number of candi-dates, gender, etc., track which interview-

ers have undergone unconscious biastraining. With this information, you maydiscover a difference in candidate selectionbetween interviewers who participated intraining versus those who did not.

• Timing is everything. As the Society forHuman Resource Management (SHRM) reminds us, it takes time to see a differ-ence with your initiative. “An organizationcan be doing everything right in terms ofbuilding an inclusive culture that will allowpeople of all backgrounds equal access toopportunities, advancement and success— and the representation of women andpeople of color, particularly at senior levelsof the organization, might not significantlychange until years later” (https://www.shrm.org/resourcesandtools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/pages/strategicdiversitymanagementplan.aspx).

Having the right tools is key in building, but sois having accurate measurements. Collect anduse your metrics to help create effective andsuccessful D&I initiatives. �

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sion of a public interest arm is sharply enhanced by specific and directed collabo-rations with faculty and students. The goodnews is that not only can thoughtful inter-play with faculty and students promote aschool culture that values public servicebut, almost always, they can simultane-ously enhance your public interest careerprogramming and advising efforts. Here area few straightforward ways to collaborate

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Here are a few straightforwardways to collaborate with faculty and students —

beyond co-sponsoring events— to build and strengthen

your public interest community.

Continued on page 18

If your public interest program, like ours,sits within a career and professional devel-opment office, much of your time is spentadministering a dense calendar of publicinterest-focused career programming andcounseling students and alumni. Those crit-ical roles, along with coordinating pro bonoopportunities and public interest summergrants, which often fall within public inter-est program responsibilities, are enough to

keep a typically small staff (of two in ourcase) very busy all year.

That said, public interest programs alsoplay a central role in achieving (if not lead-ing) the overarching goal of building andmaintaining a strong public interest-minded law school community or culture —a broader aim that cannot be achieved byoperating in a silo. Instead, the unique mis-

It Takes a Village: Strengthen Your Public Interest Communitythrough Thoughtful Collaborationwith Faculty and Students by Elyse Diamond and Leigh-Ann Todd Enyame

Elyse Diamond is the Director of Public Sector Careers for the Public Interest Law Center and Center for Career & Professional Development and an Adjunct Professor of Law at the Elisabeth Haub School of Law at Pace University. Leigh-Ann Todd Enyame is the Project Coordinator for the Public Interest Law Center at the Elisabeth Haub School of Law at Pace University. This article was submitted on behalf of the NALP Public Service Section.

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February 2017 — NALP Bulletin 18

ments through public interest online andsocial media outlets. Offering to highlightpublic interest-related academic programs,clinic student accomplishments, and stu-dent-coordinated events through your cen-ter social media outlets (website, listserv,blog, Twitter, etc.) is a win-win. Faculty andstudent organizations get the promotionalboost, and you acquire a steady stream ofvaried and interesting content for posts.

Calendar regular meetings with your pub-lic interest law student organization exec-utive board. A student group with dynamicleadership devoted to promoting social jus-tice and public interest work is a huge assetto your mission. (If this group doesn’t existat your school, step one is pulling in publicinterest-focused students to form it.) Con-nect early, reaching out immediately afterorganization elections, offering to meetabout their priorities and how you can joinefforts. Some programs, like ours, workclosely with this student organization in coordinating an annual auction supportingsummer public interest grants. Creating a

strategy and setting expectations for thatprocess early is what makes giving thegroup autonomy to handle aspects of theseevents possible. And, a strong rapport withleaders one year smooths the transition tothe next leadership.

Proactively engage with student coordina-tors about pro bono project offerings. Iden-tifying students willing to coordinate andpromote pro bono trainings is a must in developing offerings that appeal to, andwork logistically for, your student body.Their unique insights into scheduling train-ings — they are often aware of conflicts notfound on the course schedule or school calendar — and their ability to connect withtheir peers via social media are key to growing pro bono participation. Addition-ally, their personal enthusiasm for specificprojects is infectious. Serving as a soundingboard as problems arise and offering tohandle room logistics and other basicsmakes this work for all. �

with faculty and students — beyond co-sponsoring events — to build andstrengthen your public interest community.

Invite faculty to serve on summer andpost-graduate funding and fellowship pro-gram selection committees. Getting facultyinvolved in these selection processes reminds them about the many public inter-est programs you administer and addscredibility to selection decisions. Joint committees also present a unified front topublic interest-oriented students, demon-strating implicit faculty support for publicinterest programming and community-building. These overtures may garner recip-rocal invitations to public interest lawcenter staff to serve on selection and advi-sory committees for faculty-led initiatives.

Offer targeted career programming to pub-lic interest-oriented centers and clinics.Programming of this kind might be specific— “drafting your immigration law fellow-ship personal statement” presented to immigration justice clinic students — ormore broadly related to public interest

careers. Integrating public interest pro-gramming into academic offerings is a posi-tive for all. Faculty appreciate targetedcareer development support for students intheir field of concentration and you gain thealways-critical faculty push for students toattend programming.

Rally your community with regularlyscheduled (e.g., bimonthly) gatheringsand/or arrange an annual communityservice day. The community that plays together stays together, so make it a habit.Creating informal opportunities for publicinterest faculty, students, and staff to socialize and engage in civic work is per-haps the best way to build your community.Keep the gatherings or service opportuni-ties, as well as any discussion themes,broad to attract participants who are com-mitted to social justice regardless of theirspecific practice area interests.

Arrange with faculty-run academic centersand clinics, as well as law school studentgroups, to publicize events and achieve-

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February 2017 — NALP Bulletin 18

When thinking about how to approach thetopic of finding missing law firm alumni andtracking alumni data, I decided to provideinformation aimed at those who either donot currently have law firm alumni relationsresponsibilities or are relatively new to thisarea. I hope this helps those new to thisarea to understand how (and why) we dowhat we do.

Before I get started, a little background onmy qualifications for writing this article. Ihave been managing Dechert’s alumni rela-tions for seven years and currently managea group of almost 4,000 alumni. Our firm is

large and international, and has had merg-ers with other firms; our attorneys arespread out across the globe. All of thismakes my job more challenging.

To some it may seem that alumni data col-lection should be an easy project. Take alist, find the people, end of story. Right? Not so much. A few things to keep in mind:Attorneys today tend to switch jobs fre-quently rather than to stay with one firm fortheir entire careers. They have many differ-ent industry and job opportunities (or mayalso choose to leave the legal field entirely).You may find that having a larger firm

means having a larger pool of alumni. Finally, the culture and history of your firm— including whether alumni tend to havefond memories of their time there — mayalso provide some roadblocks.

Where? I am honestly not sure how anyalumni relations initiatives existed beforethe internet! It is such an invaluable tool inthe constant search for alumni information.Half the battle nowadays is locating retroac-tive information for alumni who have longsince left the firm and may not have theirinformation available on the internet.

Hands down, the best and easiest methodof locating an alum is LinkedIn. If all thestars align, your alum will have a LinkedInaccount and — bonus — an up-to-date profile. This is the best case scenario thatmakes our job the easiest. Thankfully it’sbecoming more common for people to update their LinkedIn profiles before any-thing else. Other normal haunts includeMartindale-Hubbell, bar association sites,and, of course, good old Google. Any infor-

mation found on these sites should be verified to confirm identity (more on thatbelow).

Who? In a perfect world, all alumni wouldthink to email us when they switch jobs (orperhaps update their own profiles if yourfirm has that functionality). In the realworld, however, the majority of alumnidon’t, and we need to do the legwork. Theresearch is tedious and time consuming,but necessary and important. So, who doesthe dirty work? It should be someone withkeen research skills and good judgment. Ifthis person is researching John Smith, theyneed to be able to realize that there couldbe two million John Smiths out there and

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Staying Ahead of the Curve in LawFirm Alumni Relationsby Cynthia Jordan

Cynthia Jordan, CMP, is Senior Events Manager for Dechert LLP. This article was submitted on behalf of the NALP Legal Employers Alumni Relations/Programs Section.

Hands down, the best andeasiest method of locating an

alum is LinkedIn.

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February 2017 — NALP Bulletin 20

that they need to match up schools, gradua-tion years, etc., to confirm the alum’s iden-tity and relationship to the firm.

Current firm attorneys can be another goodsource for alumni contact information butshould be used sparingly since their time isliteral money. It’s best if your firm has acontact management system in place sothat when attorneys update their contacts,your alumni list is automatically updated.

When? Another perfect-world scenariowould be having time to research ouralumni list constantly, but the reality is thatmost of us have other responsibilities anddon’t have time to research 4,000 alumnion a constant basis. I personally try to setaside a few times each year to researchthose we have either received bounce-backs from or for whom we are missing

information. Smaller targeted groups are researched by location of upcoming alumnievents to try to ensure our mailing lists areas accurate as possible before sending outevent communications.

Aside from the legwork we do to try to locate our former colleagues, we also pro-vide vehicles for alumni to do the work forus. Having an alumni LinkedIn group andan alumni website, and including links forthem to update their information whensending out newsletters, surveys, and othercommunications are just a few examples.

The best method of alumni tracking iscatching them before they’re out the door!Sending emails to departing attorneys invit-ing them to be part of your alumni networkand asking them to provide their new con-tact information is a great way of stayingahead of the curve. �

Continued from page 19

While working at vault.com from 2008 to2011, I observed an incredible transforma-tion in the legal industry. Firms reevaluatedtheir staffing needs out of economic neces-sity. Conversations in law firms ended withdeciding “who stays?” and “whom do weneed to transition?” Delivering these messages to impacted attorneys was evenharder.

Today, while such transitions may be lessfrequent, letting go of a law firm associateremains an unpleasant decision. It “took a

village” to support that emerging associ-ate’s entry into the law firm community,and that same “village” is needed upon hisor her exit. A career services office lever-aged significant resources to support thatlaw student with on-campus interviewpreparation and eventual summer associ-ate success. Law firm recruitment and development professionals invested significant resources in attracting, onboarding, and professionally developing that student.

New GPS Coordinates — Transitioning Associates BeyondLaw Firmsby Jason Levin

Jason Levin, a career and outplacement coach, founded Ready, Set, Launch, LLC® after a career in brand management at Unilever, consulting at Accenture, and employer branding sales at Vault.com.

Continued on page 21

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February 2017 — NALP Bulletin 21

cessful. It is the antithesis of saying “I’ll doanything.”

Firm professionals can encourage departingassociates to explore career options in-house or in government; this also bene-fits the firm’s alumni relations and ability tobuild future client relationships. Addition-ally, the marketplace has expanded to include alternative careers beyond tradi-tional legal settings (e.g., legal technology,legal publishing, politics, advocacy, humanresources, and venture backed start-ups).As law school CSOs continue to plan programming around alternative/non-traditional careers, firms can proactivelystay in the loop by partnering in these programs. To help support these discus-sions, firm professionals can encouragetheir exiting associates to have discussionswith alumni advisors at both their lawschools and undergraduate institutions.

Coordinating Resources to Managethe Transition Transitioning attorneys who might havestruggled with initiating relationships

Once an exit message is delivered, the impacted associate needs this supportivecommunity as he or she transitions. Theemotions that come with a layoff are signifi-cant. In addition to the initial shock andanger, the subsequent self-doubt and loom-ing uncertainty can become overwhelming.Whether or not the firm has dedicated resources (internal career coaches, alumnirelations staff, external transition support),there is still a vital role that the broaderNALP community can continue to play.

Some exiting associates see their first stepas getting on the phone with the next legalrecruiter, but this may not be their best firstoption. When associates take the next avail-able opening without self-reflection, theyincrease the likelihood their next role won’twork out, which can ultimately earn themthe stigma of “firm hopping.” It is not uncommon for an associate to say:

• “I just don’t know where to begin.”

• “Working for a firm is the only option I considered.”

• “Who is really going to hire me now?”

Go Back to the Future In being laid off, associates have a rare opportunity to take an honest look at theircareers by focusing on professional self-awareness. Their priority should be takingthe time to walk through their own résumésand be honest with themselves about:

• Why they did what they did at each turn;

• What motivated them at each momentin time;

• How that has changed;

• What was enjoyable about their firm experience and role; and

• What skills were not being used in thatrole that they would hope to use in theirnext opportunity.

By taking a step back and focusing on natu-ral strengths, interests, and values, transi-tioning attorneys provide themselves withcriteria to target industries, employers, androles where they would likely be more suc-

within their firm might face similar problems initiating relationships in theirtransition. Firm professionals with broadrelationships in their firms can facilitate introductions to current/former attorneyswho would be open to supporting an exit-ing associate. Additionally, firm profession-als can also coordinate with CSOs to seewhat resources may be available to exitingattorneys to support their transitions.

Smooth Transitions Benefit the Firm with Positive Alumni Relations Creating an uplifting exit for the transition-ing associate is not just good for the associ-ate; it’s good for the firm, too. Providingsupport and resources during this time of transition can strengthen the firm’s employer brand in the legal marketplace. It can also create positive alumni relationsboth for the firm and for the transitioningassociate. �

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February 2017 — NALP Bulletin 22

Law schools are seeing an increasing num-ber of students with Asperger’s Syndrome,an autism spectrum disorder, and most ofus are ill-equipped to assist these studentsdevelop as professionals and find legal employment. According to the Centers forDisease Control, there has been a large increase in the number of young people diagnosed with autism over the past fewdecades, which has coincided with an increase in awareness of the nature ofautism, the development of coping strate-gies, and the availability of accommoda-tions. Together, these have led to more

individuals with autism attending and grad-uating from college and pursuing graduatedegrees. This article is written as a first stepto help us better serve this growing popula-tion by providing information about some ofthe challenges they face and suggesting atechnique that can be helpful in overcomingthese.

There is no medical test for diagnosingautism, and experts rely on the display ofcommon behaviors to make a diagnosis.These include: (1) difficulty with eye contactand recognizing nonverbal cues; (2) seem-ing self-absorbed, uninterested in others,

and oblivious to what is going on in one’ssurroundings; (3) intense preoccupationwith unusual interests; (4) fixation onstrange objects; (5) engaging in non-functional rituals or routines; and (6) repeti-tive motor mannerisms. Individuals with Asperger’s are considered to be on the“high-functioning” end of the autism spec-trum, and not all persons with Asperger’swill demonstrate all of the listed behaviorsor exhibit them to the same degree.

ual seeking to enter the legal profession.Some of the most frequently reported issues relate to a need for order and predictability and include an aversion tochange or variance from routine; an insis-tence on following rules; an inability to seenuances; and difficulty making decisions,particularly when presented with severaloptions. Being put in a situation that re-quires adapting to the unexpected, doingsomething out of the ordinary, or making aquick decision — all common occurrencesin the legal profession — can lead to highlevels of anxiety and stress, which in turncan lead to an increase in the incidence ordegree of coping strategies not normally acceptable in a professional setting.

Another set of challenges for persons withAsperger’s Syndrome can be categorized asrelating to social awkwardness and a lack ofunderstanding of social rules. These mayinclude poor personal hygiene and the inability to accurately assess one’s appear-ance; invading another’s personal space;

Continued on page 23

How Career Counselors Can WorkMost Effectively with Students withAsperger’s Syndromeby Lisa Key

Lisa Key is Assistant Dean, Career Development and Student Services, at the University of Missouri School of Law. This article was submitted on behalf of the NALP JD Career Advisors Section.

Individuals with Asperger’sare considered to be on the

“high-functioning” end of theautism spectrum, and not allpersons with Asperger’s willdemonstrate all of the listedbehaviors or exhibit them to

the same degree.

These behaviors can manifest in a numberof ways to create challenges for an individ-

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February 2017 — NALP Bulletin

broken down into manageable chunks andthat draws on the student’s desire for rules,predictability, and order. Having such aplan will not only help the student achievehis or her goals, but will help alleviate anxi-ety and increase chances for success.

First, help the student identify goals andthe roadblocks to achieving these by askingthe right kinds of questions. General ques-tions, such as “How are you doing?” areless likely to elicit helpful information thanspecific questions, such as “What hap-pened at your externship today?” Writeeach goal down and have the student rankhis or her goals in order of importance. Beginning with the most important goal,

Continued from page 22

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work with the student to pinpoint road-blocks. Again, write these down and catego-rize them in order of impact andimportance. Finally, for each roadblock, develop a strategy for tackling it by break-ing it down into steps, and creating a precise and detailed written checklist foreach step.

For example, if the goal is to get a job, oneroadblock might be the student’s comfortlevel with the social cues and conversa-tional give-and-take of a typical job inter-view. Beyond helping the studentunderstand what to expect in an interviewsituation, one concrete step that might beidentified is for the student to developthree potential interview questions in advance of the interview. Other steps might also be suggested by the student’sconcerns about interviewing.

Once a strategy has been put in place, assess its effectiveness and tweak it as nec-essary. Encourage the student to take onone goal at a time and achieve a measure ofsuccess and mastery before trying to tacklethe next item on the list. �

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an inability to understand the need for titles or respect for those in positions of authority; saying or doing things in publicthat are normally acceptable only in private;and assuming that others know theirthoughts and are interested in what theyare thinking. The final point can lead to individuals with Asperger’s dominating conversations and talking about their chosen topics at length rather than engag-ing in normal conversational ebb and flow,saying things seemingly out of nowhere,and interjecting statistics and other unusual information into a conversation.

One method to help a student with Asperger’s address these challenges is todevelop a problem-solving plan that is

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February 2017 — NALP Bulletin 24

In December 2015, the National Conferenceof Bar Examiners published a report on asurvey assessing alcohol and drug use,mental health issues, and help-seekingbehavior among law students (“HelpingLaw Students Get the Help They Need: AnAnalysis of Data Regarding Law Students’Reluctance to Seek Help,” The Bar Exam-iner, Vol. 84, No. 4, Dec. 2015, pp. 9-17).The survey pointed to some troubling, although not entirely surprising, trendsamong law students. The data showed thatmore than one quarter of respondents reported having one or more mental healthdiagnoses, including depression, anxiety,

eating disorders, psychosis, personalitydisorders, or substance use disorders (p. 10). In addition, 42% of respondents indicated that in the past year they hadthought they needed help for emotional ormental health problems (p. 10). Most con-cerning, however, was that only about halfactually sought counseling from a healthprofessional (p.10).

These statistics are particularly troubling aslaw students enter a profession rife withstressors. It’s often at their worst momentsthat people come to lawyers with problems— divorce, criminal charges, bankruptcy, to

Habit Forming:Self-Care as an Essential Element of Professional Developmentby Francie Scott

Francie Scott, J.D., M.S.W., is Director of Professional Development at Wake Forest University School of Law. This article was submitted on behalf of the NALP Law Student Professional Development Section.

Continued on page 25

name a few. There is extreme pressure tobill hours, to meet and exceed already highexpectations. For many, the law is an adver-sarial profession defined by conflict. And ina service profession where the client’sneeds always come first, long work hoursare the norm. Finally, law graduates todayfeel the pressure of looming student loan

debt. Without educating students on properstrategies to cope with the stress inherentin the practice of law, alcohol and drug use, mental health issues, and burnout will remain a concern for the profession as a whole.

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February 2017 — NALP Bulletin 25

For these reasons, I argue that self-careskills training is sorely needed in the legalprofession, and that professional develop-ment programming is its rightful home.

Self-care is a common concept in the “help-ing” professions. If you ask a student orprofessional in the healthcare, social work,or counseling fields about self-care, theywill understand exactly what you mean. Bycontrast, very few (if any!) lawyers discussself-care strategies, or have even heard theterm. In essence, self-care is the intentionaleffort to cope with the negative effects ofstress, to proactively build resilience andimprove health, and to take ownership ofpersonal well-being. Embedded in the concept of professional development education, particularly at the law schoollevel, is the idea that being intentionalabout seeking out a career path that reflects the individual’s unique values andinterests is closely aligned with career satisfaction and, ultimately, personal well-being. So it makes sense that in the sameway we educate students about aligning

their strengths, values, and interests withthe type of law they seek to practice, weshould be educating them about develop-ing resilience and the ability to manage thechallenges of their chosen profession.

To that end, I propose a three-prongedstrategy for law schools:

1. Educate students about self-care andthe importance of developing goodhabits and coping strategies;

2. Ensure that students are aware of andcan access the resources available tothem; and

3. Develop a culture that is supportive of self-care and values personal well-being.

At Wake Forest, we have several initiativesaimed at creating a culture of self-care. Inour first-year Professional Developmentcourse, well-being is woven into the cur-riculum. As part of the first class meetingduring orientation week, we talk with the

incoming 1L class about well-being andstress management. Each student createsan individual “Self-Care Action Plan” inwhich they list their current self-care strate-gies and consider how to manage stress,prevent burnout, and enhance their well-being. We encourage them to consider potential challenges (lack of time is a bigone) and commit to specific, sustainableself-care strategies. As the semester pro-gresses, we spend class time checking in on their action plans as a reminder of theirimportance.

Later in the semester, we educate studentsabout the mental health resources availableto them. Being open and encouraging aboutmaking use of these resources is importantnot just to facilitate students’ access tohelp, but also to dispel any misconceptionsabout the potential impact of seeking helpon bar admission.

To truly enact cultural change there must be buy-in from the entire law school com-munity, not just those of us in professionaldevelopment. Our office has worked with

the administration and the Student Bar Association to plan a “Wellness Week” forstudents in the spring semester, which willinclude speakers and resources on varioustopics including fitness, nutrition, mindful-ness, and emotional and social well-being.In addition, the SBA has been successful inimplementing social opportunities for stu-dents, including movie nights, game nights,and weekend hikes at local state parks.

In sum, effectively addressing the concernsraised about law student mental health requires more than reducing stigma in thehope that students will seek help. We needto foster a culture in which self-care andpersonal well-being are as important as networking or developing strong writingskills. The habits and coping mechanismsthat students develop in law school willcarry over into their professional lives. Byincorporating the concept of self-care intoprofessional development programming, we can ensure that we are not just prepar-ing competent lawyers but healthy, resilient, productive professionals. �

Continued from page 24

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N E W C O M E R ’ S C O R N E R

February 2017 — NALP Bulletin 26

Congratulations! You’ve landed a new jobat a law firm, and have been tasked withhandling some (or all) of the firm’s legal recruiting and hiring. Without a doubt youare feeling pressured to learn the ropesASAP. You are also on the hunt for ways toimprove things, and eager to share yourpast experiences and transferable knowl-edge with others. You want to shine.

Whether you are a little “green” when itcomes to legal hiring or are a seasoned vet-eran who has just switched from one firmto another, this is indeed a stressful but

exciting time. Be strong, be patient, andread on to learn some basic ways to thrivein your new role.

Understand the firm’s current processesfor recruiting and hiring. Document whatyou see. Look for ways to streamline andsimplify. Improve consistency, compliance,and rates of success. Watch for solutionsthat may have been overlooked.

Understand the firm’s technology. Giveeverything a critical eye. Innovate. Intro-duce new tools and resources. Share bestpractices. Always be mindful of costs.

Welcome to Your New Firm! Diving Headfirst into Recruiting by Dana Neiswander

Dana Neiswander is Attorney Recruiting Manager at Michael Best. “Newcomer’s Corner” is a column of the NALPNewer Professionals Section.

Understand the firm’s brand. Learn thewebsite and know your firm’s social mediaoutlets. Identify events, materials, and tra-ditions that fortify the firm’s reputation.Begin to examine what helps and hurts thefirm’s hiring. Know the firm’s values andpriorities.

Understand firm relationships and dynam-ics. Get to know key stakeholders and whatmatters to them. Observe and learn fromfirm leadership, the hiring committee, andinfluential partners. Make their lives easier.Avoid gossip and unnecessary conflict.

Understand firm objectives. Know how yourrole and hiring activities play into short- andlong-term organizational goals. Set relevantpersonal milestones and act on them.

Find mentors and supportive peers.Seek professionals from both inside and outside of thefirm who will nurture andalso challenge you when necessary. Recognize theyare busy. Be appreciative oftheir time and expertise.

Return the favor. Get involved in NALP subgroups. Attend conferences.

Help other newcomers to the firm. Showcompassion to others who are new, includ-ing your hires. Lend a hand. Encourage independence and boost their confidence.Learn from their experiences. Be kind.

Hone your personal brand. Be approach-able, understanding, flexible, and commu-nicative. Show dedication to your internaland external clients. Know your strengthsand weaknesses. Improve upon them. Always have a plan, work hard, and stay in

control. Don’t ever expect your newrole or team to function exactly

like your last one.

Reward yourself and others. Celebrate successes. Show gratitude. Give credit tothose who deserve it.Be generous! �

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www.nalp.org / Vol . 29, No. 2

February 2017 — NALP Bulletin 27

2016-2017 BOARD OF DIRECTORSPresidentMina Jones JeffersonUniversity of Cincinnati College of Law

Vice-President for Member Services & EducationKristine McKinneyFish & Richardson P. C.

Vice-President for FinanceChristina K. FoxSkadden, Arps, Slate, Meagher & Flom LLP

President-ElectDavid A. MontoyaThe University of Texas School of Law

DirectorsJulie Anna AlvarezBenjamin N. Cardozo School of Law

Lisa BlairBorden Ladner Gervais LLP

Lois CasaleggiThe University of Chicago Law School

Andrew HalesVenable LLP

Lynn Ann HerronHogan Lovells US LLP

Janet D. HutchinsonUniversity of Richmond School of Law

Michelle A. JacksonNorthwestern University Pritzker School of Law

Layke A. MartinWilliam S. Boyd School of Law, University ofNevada, Las Vegas

Brad A. SprayberryGunster

Immediate Past PresidentJean A. DurlingFox Rothschild LLP

STAFFExecutive DirectorJames G. Leipold

Deputy DirectorFrederick E. Thrasher

Finance AdministratorJulie P. Hamre

Senior EditorJanet E. Smith

Director of Communications and Member EngagementAllison E. Beard

Director of Meetings & SponsorshipChristopher M. Brown

Director of Member Professional DevelopmentMary G. Beal

Director of OperationsJay E. Richards

Director of Public ServiceInitiatives & Fellowships Christina H. Jackson

Director of ResearchJudith N. Collins

Director of Technology & Electronic Information ResourcesLisa Quirk

Communications & Marketing ManagerLarissa Dalton Stephanoff

Member Communications & Media Relations ManagerSarah Ramirez

Member Services CoordinatorMeaghan Hagner

PSJD Fellow Delisa N. Morris

The NALP Bulletin (ISSN 1945-1679) is published monthlyby the National Association for Law Placement, Inc.®1220 19th Street NW, Suite 401, Washington, DC 20036-2405, (202) 835-1001, fax (202) 835-1112, www. nalp.org.

© 2017 NALP. All rights reserved. Publication of any advertisement is not an endorsement of the opinions expressed within the advertisement or of the products or services advertised. NALP and National Association forLaw Placement are registered trademarks of the NationalAssociation for Law Placement, Inc.

Read the Personal/Professional Notes online.

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