COVID-19’S IMPACT ON THE RECRUITMENT OF FOREIGN LAWYERS IN NEW YORK

Natasha Robbins

September 15th, 2020

It goes without question that the Covid-19 pandemic has changed the way we live, work and study. Just as uni lectures have migrated online, so too have many workplaces and - in particular - law firms.

As I write this, I have just entered my sixth month working remotely as a Finance lawyer in New York City. Given the current status of the virus and the city’s imperative to reduce the daily influx of workers into Manhattan, I estimate we’ll be working from the home office until the start of January 2021.

What’s this like? The honest answer is that it’s been perfectly fine and the transition has been far easier than many people would expect. Compared to Australia, New York law firms had already well and truly embraced a flexible work environment and it was not uncommon for people to work from home a few days a week pre-lockdown. What’s more, New York firms have equipped their lawyers with the technology and tools they need to do the job remotely. 

I think the bigger questions are what comes after Covid-19 and my prediction is that many firms will reduce office space to encourage a permanent “work-flex” work approach.

In addition to “WFH”, Covid-19 has also impacted recruitment.

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Pre-Covid recruitment

I can’t speak for other jurisdictions, but New York law firms were actively recruiting foreign lawyers prior to the pandemic. The process varies depending on the role you’re looking for and practice group/specialist area. 

In terms of corporate lawyers, the most common path is to spend 2-3 years practicing in Australia. Why this period of time? The reasons are twofold: first, you will take a 1 year discount in your qualifications when you move to many new jurisdictions, New York being one of them. Second, the demand for associates is predominantly at these year levels.

New York law firms tend to have a full book of first years (what we call “graduates”) flowing from the Summer Associate programs (the equivalent of clerkships). The typical pathway for a US law student is to complete a 10-12 week Summer Associateship at a firm, then commence as a graduate after finishing their degree. 

It is rare for Australians to complete Summer Associates and have direct entry into a firm. The main reason for this is that the Summer Associate programs run over the course of the Australian academic semesters. New York law firms also tend to prioritize recruitment efforts in the US as well.

So how do you land a job at the 2 year+ level? Many reach out to a recruiter that specializes in recruitment in the New York market. They will help finesse your resume and deal sheet, provide an overview of firms hiring and guide you through the often 3 rounds of video interviews (often at 3am in the morning!)

If you’re fortunate enough to receive a job offer, the firms will then guide you through the visa application process and the logistics of moving, as well as the admission process in New York (taking the bar exam etc.)

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What’s changed? 

In the short term, international recruitment has understandably been on hold for a lot of firms. Given the long-term economic impact of the virus has been unclear, some firms have imposed what is known as a “lateral freeze” until the future is more certain. 

In addition, the US embassies worldwide have been closed making the visa-processing situation difficult.

That being said, as US states begin to reopen and confidence in the economy increases, so too has the workflow in corporate law firms. Speaking from my own experiences, the last three months have been some of my busiest work months ever as deals that were put on pause at the start of the lockdown have kicked off again.

 

What’s next?

Australian law students considering a move to the US at some point in their future should keep a couple of strategic considerations in mind: 

1.     What practice group you will settle in – Transactional teams (corporate, M&A, project finance, finance, capital markets) tend to have great international mobility than litigation or specialty areas like competition law and regulatory teams;

2.     Consider where the work is – Different practice groups boom during different times. For example, restructuring groups and finance groups tend to be busiest in the aftermath of a global recession, whereas M&A activity can be slower. Busy teams always need more hands on deck;

3.     Where you want to work – Perhaps the biggest misconception is that you need to be at a ‘global law’ firm to work overseas. This is definitely not the case. In fact, some of Australia’s biggest independent firms have a high profile reputation abroad because many international firms never seek out a competitor firm in Australia if they need local counsel advice on a deal.  More important is your deal sheet (a 1-2 page annex to your CV which lists out the deals/transactions you have worked on) and the experience you bring to the table.

Also don’t forget the MLS alumni community! MLS graduates are working at firms all over the world and there’s a great network of lawyers that are more than happy to offer advice along the way.

Moving and working overseas is an amazing, life-changing experience and I would certainly encourage anyone interested in it to pursue it.