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Advice for the Lawlorn


My firm just acquired a big D.C. presence through a merger and isn't interested in transferring me from New York.


New York Law Journal
February 07, 2007


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 a fifth-year associate in New York City who lateraled last year from one Biglaw firm with no Washington, D.C., office to another Biglaw firm (call it "Firm X") with a large D.C. presence. My thinking at the time was that I'd like to move to D.C. in a few years, but I wasn't quite ready to pack up and leave for a number of reasons (having to do with relationships, politics and real estate). The idea was to become so indispensable (or at least likeable) to Firm X that it wouldn't hesitate to offer me a job in D.C. once I was ready to move. At least two partners at Firm X have known of my intentions since day one.

Now, a little over a year later, I'm not at all sure I've made the transition any easier. To begin with, despite receiving good assignments and a glowing first review at Firm X, I find myself in a situation I've never encountered before (but know enough to be concerned about): Since 2007 began, I am almost entirely without work. Of course I've voiced my concerns to various partners, but so far I've received only vague assurances that "things are slow" and that they'll "keep me in mind" if something arises. Of course, these words are becoming less and less reassuring as the days go by. I really like the firm, but I'd be a fool not to question whether they like, or value, me.

As luck would have it, the relationship/political/real estate planets have recently aligned, and I am now ready to move to D.C. as soon as possible. From reading your past advice, I'm thinking that I should not approach my current employer about a move until I have another job offer in hand. My concern, then, is how best to answer the inevitable, "Why are you interviewing with us instead of just going to Firm X's D.C. office?" question. Surely, there's something better than, "One day they just stopped giving me work."

Idle Hands

Dear Idle Hands: I agree one would assume from reading my past columns that you shouldn't give notice until you have another offer. But every situation is different, and it would seem to me there are some circumstances here that would change my usual and standard advice.

I do think you should ask your current employer if it is possible to transfer you to its D.C. office at this time. From what you have told me, every indication they have given has said you are a valued associate. Is there any reason for you to doubt their word when they tell you that things are slow right now but will soon pick up? Are other associates in your practice group getting the assignments that would normally go to you? Are you really being shunned, or are all the associates in the same boat at this time?

No matter how you answer those questions, it really doesn't matter if you let the partners know that you are ready to move to D.C. Let me explain what I mean. Incidentally, if two of the partners have known since day one, it wouldn't be crazy to think that other partners know of your intentions.

If you are a valued associate and things are slow, why wouldn't the firm want to keep you busy and thus keep you employed? It would only make sense, then, if the D.C. office had work for you and you expressed your desire to move to D.C., they would say, "Move him on over, and we will retain him."

On the other hand, if the firm really thought that it could force you out by deliberately cutting back on work assignments, and at least several partners already know you want to move to D.C., what difference does it make if you make the request and they turn you down? If they already are trying to get you to leave, the inevitable is going to happen, and you might as well give it a shot to try to get them to move you to the D.C. office.

Frankly, I don't think you are going to have a big problem interviewing in D.C. (of course, this depends on your practice area). If things really are slow at your firm and you receive an offer from a great firm in D.C., I would go for it. Why stay at a firm where you are not receiving any assignments?

And answering the question as to why you aren't moving to your firm's D.C. office, well, that's easy. Just tell them the truth. Things have been very slow in the New York office, and this has caused you great concern. You are not only looking to move to D.C. but are looking for a firm that is busy and growing (make sure you do your due diligence before you go on any interview and know what is going on with each firm) and has a strong partnership track, etc. You get my drift.

I typed "idle hands" into Google, and here is what came up: "Idle hands are the devil's tools says that people are more likely to get into trouble when they feel bored and have nothing to do."

So, I don't think you have any real problems ultimately here except you need to get moving on all of this. As I have said before, dust off that resume and find a trusty recruiter in D.C. to set up some interviews for you. In the meantime, there is no harm in nosing around to find out if your firm might be willing to relocate you to their D.C. office.

Please let us know how things work out for you. Best wishes!

Sincerely,
Ann Israel
President, Ann Israel & Associates