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 am a third-year associate at a small law firm. I graduated from a third-tier law school in 2003.

Recently, our firm has been making an initiative to expand. Several associates have been interviewed. Since it is a small firm, I have had the occasion to review their resumes and cover letters that contain salary demands. All of the associates are requesting a salary that is at least $20,000 more than what I am making. Clearly, the firm is seriously considering hiring at least one of these associates since some of them have had multiple interviews.

While it is true that these associates graduated from second- and first-tier schools, I think it is unfair and sets a bad precedent at the firm for the partners at my firm to start these associates with at least $20,000 more than what I am making now. My entire career so far has been dedicated to this firm. I have had good reviews, and all of the partners talk about my future here at the firm. However, I cannot imagine staying at a firm that would pay more to another associate who graduated the same year as me and who may have switched firms in the past more than me.

First, since it is a small firm, everyone, including staff would know that the new associate was making more money than me, and I would be embarrassed.

Most importantly, I would feel personally betrayed by the partners who tell me they like my work yet turn around and do not give me the respect that I deserve by not paying me what they clearly can afford.

Should I chalk it up to experience and start my job hunt or confront the partners concerning this issue? If so, how do I go about that?

Sincerely,
Betrayed.

Dear Betrayed: Before you do anything, you need to evaluate your situation and think about the possible outcome of any actions you might take. Once you take an objective look at what might happen, you can then decide what you want to do.

So, let's discuss some of your options. Perhaps your firm has decided to upgrade your salary when it brings on the new associate(s). First it may want to decide which associate(s) it intends to hire and determine the salary it needs to pay. At that time it may raise your salary to that same level. Wouldn't that be a nice reward for your good work and loyalty?

Or perhaps, and more realistically since this is a small firm and probably does not feel any need to pay each associate the same amount, the firm knows that it will be necessary to pay more than what it has in the past as it hires new associates, particularly since, based on what you have said, it sounds as if it is trying to hire associates with "fancier" credentials. As you probably are acutely aware, the salaries in the larger law firms have skyrocketed, and consequently, as people change jobs now, it is necessary for firms to pay higher salaries in order to attract good talent. However, in the smaller law firms, the salaries are not lock-step, and therefore it is not unusual to find newer hires making more money than people who have been employed for a longer period of time. This may be exactly what is about to happen to you.

There is even a more dire scenario. In spite of the fact that you have been receiving good reviews all along, there is a chance that the partners of the firm have decided to "upgrade." Perhaps they intend to bring in new associates at a higher salary to replace you. As awful as this sounds, it could happen. New York is an "employment at will" state, and, as I'm sure I don't have to tell you, this means that your firm can basically fire you just about whenever it pleases. I am not suggesting that just because your firm is about to hire some new associates, you are about to be fired. All I am saying is that this is one of the possible scenarios to consider in a small firm.

Lastly, this could be much ado about nothing. Even though it seems as if the firm is seriously considering several of the candidates, it could end up not making an offer to anyone, or all of the offers could be turned down, and the search could end up going nowhere. Yet another possible scenario.

So, what are your options? Of course you could do nothing at all and just wait to see how things played out. I suspect that would cause you tremendous stress and, more than likely, is not your best option.

You can update your resume and start a job search, but I must caution you on several points. First of all, keep the search very quiet and confidential. You do not want your firm to know that you are thinking about leaving because, should it find out, your job will certainly be in immediate jeopardy.

Secondly, if you do decide to start a job search, you must be committed to following it through. This can't be a half-hearted effort because that will show during your interviews. If you decide to interview at other firms, you have then decided that you are going to leave your current employer should the right opportunity present itself.

Lastly, I do think it is a good idea to have a heart-to-heart with your partner. Let him or her know that you are aware of the interviewing process going on, you are happy that the firm is expanding and you are so pleased to be part of the ground-floor growth of it all. Then you need to express your loyalty and dedication to the firm and ask if it intends to have equal salaries for all third-year associates. This is not going to be an easy conversation, and you may not get the answer you want; in fact, you may not get an answer at all. The most important thing is for you to be professional and not defensive in any way. Whatever comes out of this meeting will help you make a decision as to what you intend to do with your future.

Whatever you decide, don't let pride guide your decision. Don't worry if another associate is making a different amount from you -- it isn't an issue to be embarrassed over, and this is hardly something the staff will be discussing around the water cooler. Truly, this is not uncommon in many law firms, and I want to encourage you to make your decision to stay or leave on other factors, not just on money alone.

I hope I have helped you look at this situation in a different way, and maybe you will not be so quick to leave. I am not indicating that this is fair for someone to come in and make more money than you; all I am saying is that this is the way the world works. If you don't like it or can't get what you want out of it, you are going to have to make a move because I can't imagine that you are going to change it.

But before you jump to make that move, think about what you are leaving and also think about how easy or difficult it may be for you to find that next job.

Best wishes!

Sincerely,
Ann Israel
President, Ann Israel & Associates