Ann Israel is the legal profession's Dear Abby. A New York legal recruiter since 1979, Ann is a past president of the National Association of Legal Search Consultants. Advice for the Lawlorn is updated every Tuesday.

Q:I'm entering my second-year as an associate at a big firm. It looks like we may be about to merge with another, unknown, firm.

What can I do to make sure I come out OK if a merger takes place?

Submerge Me Not

Dear Submerge Me Not: There are strategies that can help you stay afloat. After that, you may have to tread water until the merger takes place. Alternatively, you may decide to pull up anchor.

Find out as much as possible about the merger. Learn which firm instigated it, the purpose, the benefits to your firm and which firm will be considered the dominant one. By working closely with attorneys who are involved in the merger talks, you may be able to pick up valuable information.

Economics is generally the driving force behind mergers. The question is whether the motivation is business enhancement or cost-cutting or an attempt to resuscitate one or two failing enterprises.

If the other firm is courting yours because of a diminishing client base, then attorneys at the other firm are more likely to be at risk. On the other hand, if your firm is the suitor because of less business, attorneys at your firm may be asked to leave once the merger takes effect. In a worst-case scenario, both firms are in financial trouble and attorneys at both firms may not survive the merger. With respect to cost-cutting as the motivation, combining office space may be sufficient to alleviate the money crisis for both firms; if not, then attorneys may be trimmed.

Your firm may be in a more positive situation where the purpose of the merger is to expand into new practice areas that complement your firm's current practice or to find additional support for one of your firm's growing practice areas. In either case, it is likely that the combined firm will need most or all of the attorneys. The post-merger firm may even actively engage in hiring more attorneys.

Position yourself to remain with the merged firm. Make sure that you are working in a key department on substantial matters for solid clients. Take on enough work so that you are meeting, or exceeding, your firm's billable-hours requirement. If you are generating revenue, and so is your department, the firm is more likely to retain you.

Associates often become lost in the shuffle, even when there is no merger afoot. Be visible to the attorneys who are the powers within the firm. Keep track of your accomplishments and let those attorneys know about them, especially at review time. If your firm does not regularly schedule reviews, you may wish to ask for one. This will give you an opportunity to learn where you stand. At the same time, you can provide a written list of your accomplishments that will become part of your file.

In addition, if the opportunity arises, express an interest in being part of the new entity. Consider tactfully asking about the direction of the firm and your future with it. Use your judgment about whether to take this approach. It depends on whether you have a close-enough relationship with any of the attorneys at your firm.

Even if your position is not in jeopardy, you may have unanswered questions about the financial health of the post-merger firm, its culture and your long-term prospects. Rather than waiting to see what happens, you may decide to take action and explore other opportunities. If so, you must bring your resume up to date and develop a job search strategy. Above all, you must be prepared to answer questions about your reasons for leaving your current firm.

You have a variety of options to keep your career above water. Gather as much information as possible while you pursue a course that keeps you on track at your current firm. Be prepared to take a different tack if the winds change. A well-developed strategy will help you successfully navigate this uncertain time in your career.

Sincerely,
Ann Israel
President, Ann Israel & Associates