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A N E W Y O R K L A W J O U R N A L S P E C I A L S E C T I O N

Law Schools www. NYLJ.com


Monday, April 23, 2012

Developing
An OCI
Game
Plan
Take ownership of your
career from the start.

istock
or changed your objectives? What kind of lawyer picture of their practice is like, what their day-to-
By Douglas Curtis do you want to be? What kinds of clients and kinds day activities are, the kinds of clients they deal
and Jay Holtmeier of issues will you find it rewarding to work with? with, and why their particular area may be of

E
VERY YEAR we hear from law students Where would you like to see your career go, not interest to you.
entering the on-campus interviewing process only over the next few years, but over the next Nothing will beat real conversations with
(OCI)—at least from the students that are few decades? These are weighty questions, but real lawyers, but here’s a quick overview of key
being candid—that they do not know where to once you narrow some of these issues down, you aspects of some of the most widely practiced
start in differentiating one law firm from another. will be in a much better position to develop a areas of law.
While those who are new to the law profession may game plan for where you want to explore starting Corporate
have difficulty zeroing in on what makes certain your career. Big picture: Expect to represent clients in all
practices and certain firms unique (those law firm Understand Different Practice Areas sorts of deals. Understand their business and
websites all seem to say the same thing!), there the legal framework in which they need to make
are real differences. The key challenge for law Law students are forgiven for not having a deep decisions. Depending on the area of corporate
students is to find the right fit for themselves. appreciation for the different sorts of practice you choose, you could be working with emerging
areas that lawyers commonly engage in. Those of companies and venture capital transactions,
What Are Your Goals? us who went to law school because of whatever or researching companies in connections with
An important first step, before signing up to courtroom drama was popular as we were mergers and acquisitions, or working in capital
interview with a long list of random firms, is to growing up are likely to think that “lawyering” markets doing initial public offerings and other
spend some time thinking about yourself. Why did means “lawsuits” and “trials.” And the typical offerings to help raise money for your client. At
you go to law school in the first place, and how law school curriculum, especially the first-year bigger New York firms, you could also work on
have your academic experiences so far confirmed curriculum with its focus on case law generated structured finance transactions or high-yield
by lawsuits, tends to support this pre-conception. debt transactions. If you decide to be a corporate
Before you begin bidding for OCI, however, you lawyer, your choice of firm is very important.
should consider what it would mean to be a junior Some firms will want you to be a generalist and
Douglas Curtis and Jay Holtmeier are partners in
lawyer, and then a more senior lawyer, across a work on a little bit of everything, while others will
Wilmer Cutler Pickering Hale and Dorr’s New York office
range of practice areas. Listen to the views of place you in a group where there is little chance
and co-chairs of the firm’s New York hiring committee.
insiders in different practices about what the big of movement.
Monday, April 23, 2012

Every day duties: Plan on drafting documents, and are not afraid of being confronted with evolving and changing. You will also prepare and
contracts, or securities offering documents, something you do not initially understand. As interview witnesses, conduct internal investigations
performing some “due diligence” (e.g., an an IP attorney, you have more of an opportunity and respond to agency and congressional
examination of a potential target in a corporate to design and control your daily schedule than subpoenas or requests for information. Regulatory
transaction), spending a lot of time on the phone an attorney in litigation or corporate practice, lawyers must be comfortable advising clients
advising clients, and in many situations becoming because patent deadlines are set early on and do and communicating complex policies to achieve
their outside general counsel on a variety of not change often. IP litigation teams offer a high successful solutions.
potentially high-level legal questions. You will degree of collaboration with experts, in-house Do this if: …you are interested in a mix of high
regularly find yourself giving advice based in the counsel and other lawyers to understand the profile, “bet-the-company” problems, counseling,
corporate law of the state where your company technology and break it down to a basic level for navigating national and international regulations
is incorporated and/or does business, the law of presentations to judges and juries. The outcome and policies. A good lawyer in this area would
contract in various states, and federal securities of your case can depend on how well you explain be someone who has a government or political
laws. Where you add value is combining legal complex ideas and use them to your advantage, science background or is interested in puzzling
knowledge with a deep understanding the client’s making “good lawyering” even more important. through the myriad of ever-changing regulations
business and its goals. Clients: Individual scientists and engineers, and policies to give clients real-world advice to
Do this if: …you are interested in advocacy, doing laboratory and research teams, R&D and product their business problems.
things practically, and working collaboratively to development groups, and businesses from start- Securities
reach a solution. If you like the idea of counseling ups to established technology and drug companies, Big picture: Expect to guide financial institutions,
business people on how to make decisions and are typical IP clients. including banks, broker-dealers, and investment
taking the law and applying it to real world Bankruptcy advisers, through ever-evolving statutory and
business decisions, then you will most likely enjoy Big picture: Expect to advise and assist clients, regulatory requirements as Congress, a myriad of
working as a corporate lawyer. Corporate is not as both creditors and debtors, regarding the federal agencies (such as the U.S. Securities and
adversarial as litigation; you are negotiating, but complexities of bankruptcy restructuring and Exchange Commission (SEC)), and numerous self-
you have to work with opposing counsel in the reorganization, both in and out of federal court. regulatory organizations (including the various stock
hope of reaching a mutually beneficial outcome, Bankruptcy is generally a rules-based practice exchanges) try to strike the right balance between
and you cannot escalate issues the same way that tends to be a mix of transactional work and protecting investors and facilitating the flow of
you can in litigation. Corporate teams can also litigation. Depending on where you work, you may capital necessary to fuel economic growth.
be much smaller, which means you may have do more of one than the other. The practice is Every day duties: Plan on performing legal
more opportunity to interact with senior lawyers varied: Some bankruptcy lawyers are litigators, research and writing, communicating with
and clients earlier in your career. Note that an others are restructuring experts, while still others colleagues, communicating with clients to
unpredictable schedule comes along with most are experts in lending and debt finance. understand the facts at issue or convey an
corporate work; when you are busy, you can be Every day duties: Plan on working on motions and understanding of the law, and, often, communicating
very, very busy. briefs, conducting research, preparing witnesses, with regulators to seek clarification or advocate
Clients: Clients vary immensely from firm to reviewing credit agreements and corporate on behalf of a client. Regulatory lawyers who
firm. Some law firms represent large financial documents, providing advice to clients regarding out- represent financial institutions face the dual
institutions and Fortune 500 companies across a of-court restructuring options and various aspects challenge of understanding both the reasoning and
range of industries, and others represent emerging of the in-court reorganization process. history motivating current law and the business
technology and life sciences companies. Do this if: …you enjoy rules-based courses like needs of sophisticated clients who continually
Intellectual Property Civil Procedure. The type of work that you do innovate in a competitive industry.
Big picture: Expect to represent clients in will vary depending on your workplace, but an Do this if: …you are interested in the evolution
obtaining patents for the client’s inventions or interest in and understanding of the Bankruptcy of law, both statutory and administrative, and in
registering trademarks and otherwise protecting Code is key. the mechanics of the financial markets. A good
and maintaining your clients’ intellectual property Clients: Companies in distress, boards of lawyer in this area would be one willing to look
(IP) portfolios pursuant to federal patent and directors, individual creditors and creditors’ for—and capable of articulating—wise courses
trademark law. It is important to understand and committees seeking to recover something from of action in the absence of certainty.
stay abreast of emerging science and technologies bankrupt entities, large financial institutions, Litigation
in your client’s area. Federal law governs this area distressed trading funds, companies that are Big picture: Expect to represent clients in lawsuits
and the U.S. Patent and Trademark Office is the dealing with counterparties in distress, and and contract disputes. In addition to civil disputes,
agency that administers the law. Many IP lawyers potential buyers of troubled companies are typical many law practices, big and small, represent clients
also work in teams representing clients in patent bankruptcy clients. undergoing investigations in criminal and regulatory
litigation either in federal courts or at the U.S. Regulatory cases brought by the Department of Justice, the
International Trade Commission. Big picture: Expect to work at the intersections SEC and other agencies. Litigation is adversarial
Ever y day duties: Plan on writing patent of law, policy and business advising national and litigators typically only become involved in
applications for inventors, negotiating with and international corporations, financial matters after issues have materialized.
the patent examiner about the merits of your institutions, government entities and trade Every day duties: Plan on conducting legal
clients’ inventions and explaining why the associations. Practices with a regulatory focus research, undertaking various writing assignments
inventions should be patented, and counseling will involve controversy and counseling, ensuring (memos, letters, briefs, motions, etc.). Much of a
clients generally about IP issues. IP attorneys regulatory compliance, managing governmental litigator’s practice happens outside the courtroom,
also may work on litigation teams. In IP litigation, investigations, and devising and implementing even if the case does eventually make it to trial. A
plan on doing further digging into the literature policy and political strategies in anticipation of large portion of a litigator’s practice focuses on
to get a sense of the technology at issue in future government activity or litigating before developing a detailed understanding of the facts
the litigation, explaining to the team what the agencies, often on an international scale. of a case, as well as the governing law. As a junior
claims mean, recommending experts for the Every day duties: Plan on counseling clients attorney, you can expect to be deeply involved in
case and potentially preparing expert reports regarding legal and practical issues, conducting factual development, including preparing for and
and witnesses, and drafting motions, especially legal research, writing white papers and briefs, participating in interviews of witnesses, drafting
if they are verytechnical. interpreting regulations and policies and conveying and responding to discovery requests, gathering
Do this if: …you have a science or technology those concepts to clients, and understanding the and reviewing pertinent documents, and preparing
background, are curious about new technologies, political climates where the law is continuously case chronologies and summaries of evidence.
Monday, April 23, 2012

As you gain more experience, you will take and consistently ranked in the top 20 firms both locally expected to learn on the job as you go, are there
defend depositions, prepare witnesses to testify and nationally. They are typically the mega firms regular in-firm workshops and firm-sponsored
before courts and other official bodies, participate with well-established, full-service practices and subject matter training, or will you need to rely
in strategy discussions with clients, and make are often the go-to firms for financial institutions on external continuing legal education programs)?
appearances in court. On some occasions, all of and the biggest corporate deals. Is there a professional development staff at the firm
your efforts in the weeks or even months leading • National Firm Elite (think the Four Seasons dedicated to your training and development as an
up to a trial date will be focused on trial prep. or the Ritz Carlton): These firms are top nationally attorney? Is the training only about substantive
Typically litigators work on a few matters at once, ranked firms with a substantial, but non-exclusive, subjects, or do they also cover practice skills
all in various stages of litigation, so you must be presence in New York. These firms are often ranked (e.g., how to conduct a negotiation, mock trials,
good at juggling competing priorities. alongside the N.Y.-Based Elite in rankings, but are networking skills)?
Do this if: …you have an intrinsic interest in not necessarily headquartered in New York. • How often will you get formal feedback? What
case law and legal research and writing. Some • N.Y. Solid Players (think the St. Regis or is the basis for formal feedback? What resources
cases are fascinating, but some may be dry and the Peninsula): These are the firms with a strong does the firm have to help you improve?
you will need to find aspects of the law involved history in New York and a limited national practice. • Is there a strong mentoring program? Will
that are interesting to you. While your writing These firms are sometimes found outside the top you actually have a chance to interact with senior
skills can be developed, enjoying writing is a tiers of national rankings, but can have individual lawyers, and will partners take a strong interest
necessity, and your written work product will practices that are very strong. in your development and truly get to know you?
frequently be where you will see much of your • N.Y. Boutiques (think Tribeca Grand or the Are there also more senior associates who can
success in litigation. You should also enjoy working SoHo Grand): These are N.Y.-based firms that are help you navigate the firm? If so, is there a formal
on teams. One of the great rewards of litigation is much smaller, and they frequently will focus on structure to the mentoring, or is it informal?
that each new case gives you an opportunity to one or two practice areas. Though they do not • What are your opportunities for client
make a deep dive into the nature of your client’s often appear in national rankings, many of these interaction as a junior associate? Internally, will
industry and how your client—whether corporate boutiques are highly regarded and a great place more of your interactions be with partners or other
or individual—operates. for a focused junior lawyer to begin a career. associates? What is the average size of a team on
Clients: Various clients from individuals to During your law school’s OCI process, develop a given matter?
multinational corporations across all industries. a bidding strategy that focuses on your interests • What opportunities exist down the road if
and spans the categories above (unless you you would like to try something else (government
Now, Pick Your Firms
are absolutely certain that you are, or are not, service, in-house position, pro bono work, etc.) and
At this point, hopefully one or two of these interested in one or more categories). Many does the firm welcome former lawyers back?
areas has gotten your attention. Next, spend recruits plan simply to go to the best ranked firm Armed with these questions, and your growing
time researching the firms that have meaningful for a few years and then move on to the firm that sense of your legal interests, you can begin to
practices in the area(s) you find interesting. Law best suits their practice and career aspirations. In become truly informed about the N.Y. legal
students today have a wealth of information many cases, however, that merely delays the hard landscape. The key, as we mentioned earlier, is
available about law firms. Try using some of the choices about what you really think you want to do to use your interests to drive your search.
resources that clients would use in picking their in your professional life, and perhaps takes you out When students are first introduced to the
lawyers. The firms’ own websites contain helpful of the driver’s seat of aligning your interests with on-campus recruitment process, they are
information, and the way they choose to highlight the nature of the firm’s practice. In this case, your often overwhelmed—and dazzled, and even
their practices and sell themselves can convey interests should really drive your decision. a bit seduced—by the opportunities that are
useful information about where they see their The rest of your diligence may be done best by represented by the armies of interviewers
strengths and how they view their culture. Other getting a sense of the firm “personality,” which you swarming their campus. That is, to a greater or
websites that cover law firm life and culture more can learn about through the resources discussed lesser degree, by design. High-quality legal talent
objectively—such as AmericanLawyer.com, The earlier, but which you can and should supplement is the life-blood of a thriving law firm, and those
Vault, and in a more irreverent (and somewhat through actual conversations with people in the of us from law firms participate in the campus
less objective) vein, AbovetheLaw.com—can also know. Think of the firm you will ultimately join as recruitment process to sell ourselves to you as
give helpful perspectives on many firms. Your a professional home. Though a brand name firm much as you are trying to sell yourself to us. So
law school’s Career Services Office should also may have a practice that is of interest to you, it may take advantage of the process to learn, and to
be able to recommend and have access to the not be the best professional and personal fit. Talk focus, and to guide yourself to a career that will
best resources for digging deeper, including firm to former summer associates and current junior work for you.
rankings. (Be sure to use rankings that are based associates you may know or who are alumni of your
upon actual practice data and are supported by law school to get a feel for firms you are considering.
editorial research such as Chambers and Partners What is the word of mouth? Did your classmates
and The American Lawyer, rather than rankings enjoy their experiences during the summer? Are
that are driven only by reputation.) the classmates to whom you are speaking planning
We recognize that at this point, your list might to go back to their summer firms, and if they are,
probably still be very long, and the firms may still how would you feel spending several years working
blur into each other. One way to understand and with them during your career?
narrow your choices is to think about the different As you continue through the OCI process and
broad categories of New York law firms you can return to firms for call-back interviews, it will be
expect to see at OCI, and then try to match up the important to ask targeted questions not only to
categories where you would be most comfortable determine whether the firm’s practice areas and
with the practices you are interested in pursuing. culture are a “fit,” but also to find out how much a
And at the risk of oversimplifying (and offending firm can help contribute to your development as a
practitioners), the “types” of law firms in New York lawyer and help you achieve your goals. Consider
can be analogized to the better-known brands of the following:
hotels in New York: • How does the firm staff its cases, and how
• N.Y.-Based Elite (think The Plaza in its are assignments made to associates? Reprinted with permission from the April 23, 2012 edition of the NEW YORK
LAW JOURNAL © 2012 ALM Media Properties, LLC. All rights reserved.
heyday, or The Waldorf): There are firms, largely • What is the firm’s commitment to training, Further duplication without permission is prohibited. For information, contact 877-
or exclusively based in New York, that are and how often do they offer trainings (e.g., are you 257-3382 or reprints@alm.com. # 070-04-12-29

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