The conventional wisdom about hireback season is that articling students have to accept one of two inevitable outcomes: to be hired back (and embark on an unstinting ascent to glory) or to be sent packing (and fade into professional oblivion). To put it plainly, that’s a tragic oversimplification. For one thing, landing a plum associate position is no guarantee of enduring prosperity, nor is failing to get hired back a permanent curse on someone’s ability to succeed. There’s also a wide range of hireback scenarios—signing a short-term contract, deciding whether to accept a role on the document-review team, opting out of the process to escape a dreadful workplace—that occur quite often but tend to receive scant attention.
In other words, the transition to post-articling life takes many forms. No path is easy. But no path is impossible, either. With that in mind, I’ve put together a practical guide on how to navigate five of the most common hireback outcomes that a student may have to confront.
You got hired back into your dream job
To start, a hearty congratulations is in order: you worked hard and landed the role that you wanted. Enjoy the moment. A mighty challenge, however, awaits. Once you begin your career as an associate, your colleagues will expect more from you than ever before. As a student, you offered support to the legal team. You now have to lead files on your own. Thorny issues will arise. Perhaps an opposing counsel will ignore your emails as a stalling tactic, or an ornery client will blame you for a setback in a case. In such circumstances, you can still seek out the guidance of a senior lawyer—but only after you’ve taken the initiative to try to solve the dilemma by yourself. That can be a difficult adjustment.
I’d recommend taking the time, in the gap between articling and starting your new role, to meet with some of the lawyers you’ll work alongside. Ask them how your job is poised to shift now that you’re no longer a student. In all likelihood, you’ll find out that the firm plans to rely on you a lot in the years ahead. Prepare to shoulder that burden. (If you’d like more advice on this subject, I previously wrote about what it takes to thrive as a junior associate.)
You’ve been hired back on a short-term contract
Let’s assume that you want to stay on after the contract ends. Step one is simple: communicate that desire to your employer. Over the years, I’ve noticed that junior lawyers sometimes believe that their career objective—to work at a certain firm, to practise in a certain area—is so obvious that everyone must know about it. That’s not necessarily true. If you enjoy working at your firm, believe in its mission and hope to become a permanent team member, tell your boss right away.
Then do the best job you can. Needless to say, that’s crucial if you want to prove that you’re worth the effort it will take and the money it will cost to keep you on long term. Importantly, though, you should still network and watch the job market for attractive opportunities. While you’re at it, update your resumé with the skills that you develop each day. In the event that your firm decides not to convert your contract into a permanent position—a distinct possibility, given the unpredictability of the legal economy—you’ll be able to kick off your job search the moment you find out.
You’ve been offered a job in a practice area that you don’t love
This is a delicate situation. The prospect of turning down a job is undoubtedly daunting, but it’s risky to accept a position simply because it’s on offer. If you lack a sincere interest in the role, there’s a decent chance you’ll churn out subpar work, whether you intend to or not. That’s hardly ideal.
Another note of caution: even if you treat the role as a temporary way to pocket a paycheque while you look for something more suitable, that, too, can backfire. When you eventually apply to a position in the practice area that you do like, your prospective employer will likely ask, “Why have you been in litigation for 10 months if you’ve always wanted to work in tax?” If you reply, “Well, that’s the role that was available after articling,” it might not land very well. Typically, firms have an aversion to applicants who took their current position as a placeholder, knowing it was a poor fit. In one way, this isn’t fair—you might need the money. But your long-term reputation depends on your ability to fully commit to every job on your CV. In short, don’t accept a role unless you’re engaged enough in the subject matter to take it seriously and give it your best shot.
Your firm has offered you a mediocre role on the document-review team
At first, this outcome might feel like a letdown. After years of legal training, your employer has asked you to come back to handle a seemingly menial set of tasks. But it’s not as bad as it sounds. Sometimes, firms place talented students in document review because nothing better is available at the moment. I’ve known several lawyers who launched their careers in a dull and unsatisfying role but soon moved up the associate ranks and later joined the partnership. Here’s the bottom line: if you want to build a future at your current firm, then a stint in document review—during which you show that you’re keen and capable—may help you achieve that goal.
You opted out of the hireback process because the firm is toxic
Having worked in a toxic environment myself, I can say firsthand that it’s a lot like suffering from a lingering illness, leading to feelings of dread and hopelessness. It becomes difficult to focus on work or enjoy much of anything outside the office. If you’ve left a workplace that inflicts that sort of harm on your life, you’ve made the right choice.
On the job market, you can safely tell potential employers that you were offered a job after articling but turned it down. Choose your words carefully, though. You don’t want to bad-mouth anyone or make it sound like you’re being overly picky. Here’s what you might say: “The role wasn’t a good fit, so it wouldn’t have been fair to my previous firm to take it.” That answer is clear and reasonable. No one will hold it against you.
You weren’t hired back at all
Considering the time and dedication you put into articling, I imagine that you’re pretty disappointed. But try not to take the news too hard. Your career isn’t over. In fact, very few legal careers are linear. You’ll have ample opportunities to excel in the years ahead.
What’s important is that you finish your articling term on a strong note. No matter how frustrated you feel, maintain a positive attitude and act with professionalism until the end. After you’ve left, stay in touch with the people you worked with, especially your supporters, and keep those relationships solid. The most obvious reason is that you’ll need your current colleagues to act as references throughout your upcoming job search. But I’ve also seen firms contact former students—in some instances, mere months after deciding not to hire them back—to say, “You know what? We shouldn’t have let you go. We’re going to find a place for you.” You’re in a tricky spot today. The future, however, might bring a pleasant surprise.
Bonus advice that applies to every new call
Whether you received terrific news, terrible news or so-so news on the hireback front, it’s time to build up a robust professional network. Attend legal events. Join a committee at your firm. Volunteer in the community. Stay active on social media, especially on LinkedIn. And keep in touch with everyone: colleagues, law-school friends, articling peers. A decade from now, those people may be in a position—as the chief legal officer of a major company or a partner at a prestigious firm—to send you a referral or give you a job. You don’t want to be the sort of person who reaches out after 10 years of silence to write: “Hey, we should catch up.” Your network is an incredibly valuable asset, so don’t let it wither away.
Finally, remember to focus on what matters to you. You might be starting the next chapter with excitement, disappointment, uncertainty or some combination of all three emotions. But if you stay true to what you want most out of your legal career, you’ll be just fine in the long run. Best of luck.
Daniel Waldman is a partner at Dickinson Wright LLP. He writes about career satisfaction and business development for Precedent.
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