What law students think they know about elite law firms: Preliminary results of a survey of third year law students

University of Cincinnati Law Review

Volumn 69, Issue 4, 2001, Pages 1213-1251

  Wilkins, David B ^a   Gulati, G Mitu ^a  

^a NONE

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EID: 0035565153     PISSN: 00096881     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (65)

1. See, e.g., Randall S. Thomas et al., Megafirms (Apr. 1, 2001) (unpublished draft, on file with authors); Milton C. Regan, Jr., Professional Responsibility and the Corporate Lawyer, 13 GEO. J. LEGAL ETHICS 197 (2000); David B. Wilkins & G. Mitu Gulati, Reconceiving the Tournament of Lawyers: Tracking, Seeding, and Information Control in the Internal Labor Markets of Elite Law Firms , 84 VA. L. REV. 1581 (1998); MARC GALANTER & THOMAS PALAY, TOURNAMENT OF LAWYERS: THE TRANSFORMATION OF THE BIG LAW FIRM(1991); Ronald J. Gilson & Robert H. Mnookin, Coming of Age in a Corporate Law Firm: The Economics of Associate Career Patterns, 41 STAN. L. REV. 567 (1989).
2. See, e.g., Randall S. Thomas et al., Megafirms (Apr. 1, 2001) (unpublished draft, on file with authors); Milton C. Regan, Jr., Professional Responsibility and the Corporate Lawyer, 13 GEO. J. LEGAL ETHICS 197 (2000); David B. Wilkins & G. Mitu Gulati, Reconceiving the Tournament of Lawyers: Tracking, Seeding, and Information Control in the Internal Labor Markets of Elite Law Firms , 84 VA. L. REV. 1581 (1998); MARC GALANTER & THOMAS PALAY, TOURNAMENT OF LAWYERS: THE TRANSFORMATION OF THE BIG LAW FIRM(1991); Ronald J. Gilson & Robert H. Mnookin, Coming of Age in a Corporate Law Firm: The Economics of Associate Career Patterns, 41 STAN. L. REV. 567 (1989).
3. See, e.g., Randall S. Thomas et al., Megafirms (Apr. 1, 2001) (unpublished draft, on file with authors); Milton C. Regan, Jr., Professional Responsibility and the Corporate Lawyer, 13 GEO. J. LEGAL ETHICS 197 (2000); David B. Wilkins & G. Mitu Gulati, Reconceiving the Tournament of Lawyers: Tracking, Seeding, and Information Control in the Internal Labor Markets of Elite Law Firms , 84 VA. L. REV. 1581 (1998); MARC GALANTER & THOMAS PALAY, TOURNAMENT OF LAWYERS: THE TRANSFORMATION OF THE BIG LAW FIRM(1991); Ronald J. Gilson & Robert H. Mnookin, Coming of Age in a Corporate Law Firm: The Economics of Associate Career Patterns, 41 STAN. L. REV. 567 (1989).
4. See, e.g., Randall S. Thomas et al., Megafirms (Apr. 1, 2001) (unpublished draft, on file with authors); Milton C. Regan, Jr., Professional Responsibility and the Corporate Lawyer, 13 GEO. J. LEGAL ETHICS 197 (2000); David B. Wilkins & G. Mitu Gulati, Reconceiving the Tournament of Lawyers: Tracking, Seeding, and Information Control in the Internal Labor Markets of Elite Law Firms , 84 VA. L. REV. 1581 (1998); MARC GALANTER & THOMAS PALAY, TOURNAMENT OF LAWYERS: THE TRANSFORMATION OF THE BIG LAW FIRM(1991); Ronald J. Gilson & Robert H. Mnookin, Coming of Age in a Corporate Law Firm: The Economics of Associate Career Patterns, 41 STAN. L. REV. 567 (1989).
5. See, e.g., Randall S. Thomas et al., Megafirms (Apr. 1, 2001) (unpublished draft, on file with authors); Milton C. Regan, Jr., Professional Responsibility and the Corporate Lawyer, 13 GEO. J. LEGAL ETHICS 197 (2000); David B. Wilkins & G. Mitu Gulati, Reconceiving the Tournament of Lawyers: Tracking, Seeding, and Information Control in the Internal Labor Markets of Elite Law Firms , 84 VA. L. REV. 1581 (1998); MARC GALANTER & THOMAS PALAY, TOURNAMENT OF LAWYERS: THE TRANSFORMATION OF THE BIG LAW FIRM(1991); Ronald J. Gilson & Robert H. Mnookin, Coming of Age in a Corporate Law Firm: The Economics of Associate Career Patterns, 41 STAN. L. REV. 567 (1989).
6. See, e.g., Gilson & Mnookin, supra note 1.
7. See,e.g., Alex M. Johnson, Jr., The Underrepresentalion of Minorities in the Legal Profession: A Critical Race Theorist's Perspective, 95 MICH. L. REV. 1005 (1997); Alex M. Johnson, Jr., Think Like a Lawyer, Work Like a Machine: The Dissonance Between Law School and Law Practice , 64 S. CAL. L. REV. 1231 (1991).
8. See,e.g., Alex M. Johnson, Jr., The Underrepresentalion of Minorities in the Legal Profession: A Critical Race Theorist's Perspective, 95 MICH. L. REV. 1005 (1997); Alex M. Johnson, Jr., Think Like a Lawyer, Work Like a Machine: The Dissonance Between Law School and Law Practice , 64 S. CAL. L. REV. 1231 (1991).
9. See, e.g., Elizabeth Chambliss, Organizational Determinants of Law Firm Integration 46 AM. U. L. REV. 669 (1997); Elizabeth Chambliss & Christopher Uggen , Men and Women of Elite Law Firms: Reevaluating Kanter's Legacy, 25 L. & SOC. INQUIRY 41 (2000).
10. See, e.g., Elizabeth Chambliss, Organizational Determinants of Law Firm Integration 46 AM. U. L. REV. 669 (1997); Elizabeth Chambliss & Christopher Uggen , Men and Women of Elite Law Firms: Reevaluating Kanter's Legacy, 25 L. & SOC. INQUIRY 41 (2000).
11. See, e.g., Michael Asimow, Embodiment of Evil: Law Firms in the Movies, 48 UCLA L. REV. (forthcoming 2001).
12. As we indicate below, some of these misperceptions stem from actions taken by firms which are designed to mislead. In any event, we hope to conduct a companion survey of law firm attitudes about hiring and promotion as a means of gauging the accuracy of student perceptions.
13. See materials cited in Asimow, supra note 5.
14. See David B. Wilkins, The Professional Responsibility of Professional Schools to Study and Teach About the Profession, 49 J. LEGAL EDUC. 76 (1999)
15. We are in the process of matching survey results to the data we received from law schools and will report these results in a subsequent paper.
16. Since this time, other schools have agreed to participate and some additional surveys have been distributed and completed. The results reported here pertain only to the original distribution in the Spring of 1998.
17. See Mitu Gulati et al., The Happy Charade, _J. LEGAL EDUC. (forthcoming 2001) (draft on file with authors).
18. See id.
19. See, e.g., SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR, AMERICAN BAR ASSOCIATION, LEGAL EDUCATION AND PROFESSIONAL DEVELOPMENT-AN EDUCATIONAL CONTINUUM, REPORT OF THE TASK FORCE ON LAW SCHOOLS AND THE LEGAL PROFESSION: NARROWING THE GAP (1992); Harry T. Edwards, The Growing Disjunction Between Legal Education and the Legal Profession, 91 MICH. L. REV. 34 (1992).
20. See, e.g., SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR, AMERICAN BAR ASSOCIATION, LEGAL EDUCATION AND PROFESSIONAL DEVELOPMENT-AN EDUCATIONAL CONTINUUM, REPORT OF THE TASK FORCE ON LAW SCHOOLS AND THE LEGAL PROFESSION: NARROWING THE GAP (1992); Harry T. Edwards, The Growing Disjunction Between Legal Education and the Legal Profession, 91 MICH. L. REV. 34 (1992).
21. See, e.g.,Patrick J. Schlitz, Legal Ethics in Decline: The Elite Law Firm, the Elite Law School, and the Moral Formation of the Novice Attorney, 82 MINN. L. REV. 705 (1998).
22. The actual rationale for the program, that one of us teaches in, is somewhat more complicated. Even recognizing that firms may not pay much attention to the courses that students take in their hiring, the program was set up with the belief that taking these advanced business courses not only better prepared students in terms of providing them with the skills and training to do high quality business law work, but also gave them a leg up in the partnership tournament. For details on the program, see 〈http://www.law.ucla.edu/students/academicprograms/〉
23. This hypothesis is described in detail in Wilkins & Gulati, supra note 1, and David B. Wilkins & G. Mitu Gulati, Why Are There So Few Black Lawyers in Corporate Law Firms? An Institutional Analysis, 84 CAL. L. REV. 493 (1996).
24. This hypothesis is described in detail in Wilkins & Gulati, supra note 1, and David B. Wilkins & G. Mitu Gulati, Why Are There So Few Black Lawyers in Corporate Law Firms? An Institutional Analysis, 84 CAL. L. REV. 493 (1996).
25. Although partners often speak of associates "sorting themselves" by ability and "the cream rising to the top," the process for determining which associates are ultimately viewed as having "partnership ability," as we describe below, is substantially more complex than this standard account suggests.
26. For discussions of the importance of informal pressures in the workplace, see, for example, Eugene Kandel & Edward P. Lazear, Peer Pressure and Partnerships, 100 J. POL. ECON. 801 (1992); Devon Carbado & Mitu Gulati, Conversations at Work, 79 OR. L. REV. 103 (2000). More generally, on the literature on social relations and the workplace, see ROBERT GIBBONS & MICHAEL WALDMAN, CAREERS IN ORGANIZATIONS 2413-17 (Ashenfelter & Card eds., 1999).
27. For discussions of the importance of informal pressures in the workplace, see, for example, Eugene Kandel & Edward P. Lazear, Peer Pressure and Partnerships, 100 J. POL. ECON. 801 (1992); Devon Carbado & Mitu Gulati, Conversations at Work, 79 OR. L. REV. 103 (2000). More generally, on the literature on social relations and the workplace, see ROBERT GIBBONS & MICHAEL WALDMAN, CAREERS IN ORGANIZATIONS 2413-17 (Ashenfelter & Card eds., 1999).
28. For discussions of the importance of informal pressures in the workplace, see, for example, Eugene Kandel & Edward P. Lazear, Peer Pressure and Partnerships, 100 J. POL. ECON. 801 (1992); Devon Carbado & Mitu Gulati, Conversations at Work, 79 OR. L. REV. 103 (2000). More generally, on the literature on social relations and the workplace, see ROBERT GIBBONS & MICHAEL WALDMAN, CAREERS IN ORGANIZATIONS 2413-17 (Ashenfelter & Card eds., 1999).
29. For a detailed discussion of these hypotheses, see Wilkins & Gulati, supra note 1.
30. See, e.g., GALANTER AND PALAY, supra note 1.
31. In addition to the two papers mentioned above, the identity based hypotheses about workplace behavioral choices are also discussed in Devon Carbado & Mitu Gulati, Working Identity, 85 CORNELL L. REV. 1259 (2000); David B. Wilkins, On Being Good and Black, 112 HARV. L. REV. 1924 (1999) (book review); and David Charny & G. Mitu Gulati, Efficiency-Wages, Tournaments, and Discrimination: A Theory of Employment Discrimination Law for "High-Level" Jobs, 33 HARV. C.R.-C.L. L. REV. 57 (1998).
32. In addition to the two papers mentioned above, the identity based hypotheses about workplace behavioral choices are also discussed in Devon Carbado & Mitu Gulati, Working Identity, 85 CORNELL L. REV. 1259 (2000); David B. Wilkins, On Being Good and Black, 112 HARV. L. REV. 1924 (1999) (book review); and David Charny & G. Mitu Gulati, Efficiency-Wages, Tournaments, and Discrimination: A Theory of Employment Discrimination Law for "High-Level" Jobs, 33 HARV. C.R.-C.L. L. REV. 57 (1998).
33. In addition to the two papers mentioned above, the identity based hypotheses about workplace behavioral choices are also discussed in Devon Carbado & Mitu Gulati, Working Identity, 85 CORNELL L. REV. 1259 (2000); David B. Wilkins, On Being Good and Black, 112 HARV. L. REV. 1924 (1999) (book review); and David Charny & G. Mitu Gulati, Efficiency-Wages, Tournaments, and Discrimination: A Theory of Employment Discrimination Law for "High-Level" Jobs, 33 HARV. C.R.-C.L. L. REV. 57 (1998).
34. See Wilkins & Gulati, supra n. 16, at 501 n. 12.
35. The complete translation of the numerical rankings was as follows: Five was defined as "Very important," four as "important," three as "marginal," two as "somewhat irrelevant," and one as "irrelevant."
36. See, e.g., Elizabeth M. Adamitis, Appearance Matters: A Proposal to Prohibit Appearance Discrimination in Employment, 75 WASH. L. REV. 195 (2000); Jeff Biddle & Daniel S. Hammermesh, Beauty, Productivity and Discrimination, 16 J. LAB. ECON. 172 (1998).
37. See, e.g., Elizabeth M. Adamitis, Appearance Matters: A Proposal to Prohibit Appearance Discrimination in Employment, 75 WASH. L. REV. 195 (2000); Jeff Biddle & Daniel S. Hammermesh, Beauty, Productivity and Discrimination, 16 J. LAB. ECON. 172 (1998).
38. There is also a category for those who did not indicate their future employer.
39. See Kandel & Lazear, supra note 18. For some other discussions of the subject of informal pressures in the workplace, see, for example, John M. Barron & Kathy Paulson, Peer Pressure in an Agency Relationship, 15 J. LAB. ECON. 234 (1997); Justin Yifu Lin, Supervision, Peer Pressure and Incentives in a Labor-Managed Firm, 2 CHINA ECON. REV. 215 (1991).
40. See Kandel & Lazear, supra note 18. For some other discussions of the subject of informal pressures in the workplace, see, for example, John M. Barron & Kathy Paulson, Peer Pressure in an Agency Relationship, 15 J. LAB. ECON. 234 (1997); Justin Yifu Lin, Supervision, Peer Pressure and Incentives in a Labor-Managed Firm, 2 CHINA ECON. REV. 215 (1991).
41. See Kandel & Lazear, supra note 18. For some other discussions of the subject of informal pressures in the workplace, see, for example, John M. Barron & Kathy Paulson, Peer Pressure in an Agency Relationship, 15 J. LAB. ECON. 234 (1997); Justin Yifu Lin, Supervision, Peer Pressure and Incentives in a Labor-Managed Firm, 2 CHINA ECON. REV. 215 (1991).
42. See Katharine T. Bartlett, Only Girls Wear Barrettes: Dress and Appearance Standards, Community Norms, and Workplace Equality, 92 MICH. L. REV. 2541, 2546-47 (1994) (noting that appearance standards are not only stricter for women, but that they also matter more for them). But see GORDON L. PATZER, THE PHYSICAL ATTRACTIVENESS PHENOMENA 15-17 (1985) (importance of physical appearance is roughly the same across genders).
43. See Katharine T. Bartlett, Only Girls Wear Barrettes: Dress and Appearance Standards, Community Norms, and Workplace Equality, 92 MICH. L. REV. 2541, 2546-47 (1994) (noting that appearance standards are not only stricter for women, but that they also matter more for them). But see GORDON L. PATZER, THE PHYSICAL ATTRACTIVENESS PHENOMENA 15-17 (1985) (importance of physical appearance is roughly the same across genders).
44. As indicated above, because of the relatively small number of minorities in our sample, we only report results for "minorities" and "whites."
45. Ideally, we would have liked to have also broken die schools down in terms of size (e.g., large versus small). Our sample size for the small schools, however, was not large enough to produce meaningful comparison. Our sample also does not include any school ranked lower than 50 in the U.S. News survey.
46. We are aware that many have criticized the accuracy of US News' ranking system. See, e.g., Wendy Nelson Espeland and Michael Sander, Fear of Falling: How Ranking Institutional Reputations Has Challenged Legal Education (2001) (unpublished manuscript on file with the authors). Although we agree with many of these objections, the survey nevertheless appears to be very influential among law students and potential law students. As we indicate below, these perceptions play a significant role in what law students think is important about hiring decisions.
47. For two recent discussions of the importance of law school rankings to both the law schools, law students, and legal employers, see Daria Rothmayr, Barriers to Entry, 86 VA. L. REV. 72 (2000), and Russell Korobkin, In Praise of Law School Rankings: Solutions to Coordination and Collective Action Problems, 77 TEX. L. REV. 403(1998).
48. For two recent discussions of the importance of law school rankings to both the law schools, law students, and legal employers, see Daria Rothmayr, Barriers to Entry, 86 VA. L. REV. 72 (2000), and Russell Korobkin, In Praise of Law School Rankings: Solutions to Coordination and Collective Action Problems, 77 TEX. L. REV. 403(1998).
49. See, e.g., ANTHONY T. KRONMAN, THE LOST LAWYER: FAILING IDEALS OF THE LEGAL PROFESSION (1993).
50. See Ray Friedman & Martin N. Davidson, The Black-White Gap in Perceptions of Discrimination: Its Causes and Consequences, in 7 RESEARCH IN NEGOTIATION IN ORGANIZATIONS (Robert J. Bies & Roy J. Lewicki eds., 1999); Lawerence Bob, Race Interests and Beliefs About Affirmative Action: Unanswered Questions and New Directions, 41 AM. BEHAV. SCIENTIST 985 (1998); Oscar Gandy & Jonathan Baron, Inequality; Its All the Way You Look at It, 25 COMM. RES. 505 (1998).
51. See Ray Friedman & Martin N. Davidson, The Black-White Gap in Perceptions of Discrimination: Its Causes and Consequences, in 7 RESEARCH IN NEGOTIATION IN ORGANIZATIONS (Robert J. Bies & Roy J. Lewicki eds., 1999); Lawerence Bob, Race Interests and Beliefs About Affirmative Action: Unanswered Questions and New Directions, 41 AM. BEHAV. SCIENTIST 985 (1998); Oscar Gandy & Jonathan Baron, Inequality; Its All the Way You Look at It, 25 COMM. RES. 505 (1998).
52. See Ray Friedman & Martin N. Davidson, The Black-White Gap in Perceptions of Discrimination: Its Causes and Consequences, in 7 RESEARCH IN NEGOTIATION IN ORGANIZATIONS (Robert J. Bies & Roy J. Lewicki eds., 1999); Lawerence Bob, Race Interests and Beliefs About Affirmative Action: Unanswered Questions and New Directions, 41 AM. BEHAV. SCIENTIST 985 (1998); Oscar Gandy & Jonathan Baron, Inequality; Its All the Way You Look at It, 25 COMM. RES. 505 (1998).
53. Indeed there are significant differences across virtually all of the employer types suggesting that expectations about work load vary widely among students going to different employers.
54. Only those headed for academic careers indicated that this criteria carried comparable weight.
55. See generally David B. Wilkins, Rollin' on the River: Race, Elite Schools, and the Equality Paradox, 25 L. & SOC. INQUIRY 527(2000) (examining the career benefits of attending an elite law school).
56. See Wilkins & Gulati, supra note 1, at 1678-79.
57. See CATALYST REPORT, WOMEN IN LAW: MAKING THE CASE(2001); Steve French, Of Problems, Pitfalls, and Possibilities, 21 WOMEN'S RTS. L. REP. 189 (2000); Jennifer Gillespie, Legal Profession Still Has Strides to Make to Equality, 46 FED. LAW. 64 (December 1999); Cynthia Fuchs Epstein et al., Glass Ceilings and Open Doors: Women's Advancement in the Legal Profession , 64 FORDHAM L. REV. 291 (1995).
58. See CATALYST REPORT, WOMEN IN LAW: MAKING THE CASE(2001); Steve French, Of Problems, Pitfalls, and Possibilities, 21 WOMEN'S RTS. L. REP. 189 (2000); Jennifer Gillespie, Legal Profession Still Has Strides to Make to Equality, 46 FED. LAW. 64 (December 1999); Cynthia Fuchs Epstein et al., Glass Ceilings and Open Doors: Women's Advancement in the Legal Profession , 64 FORDHAM L. REV. 291 (1995).
59. See CATALYST REPORT, WOMEN IN LAW: MAKING THE CASE(2001); Steve French, Of Problems, Pitfalls, and Possibilities, 21 WOMEN'S RTS. L. REP. 189 (2000); Jennifer Gillespie, Legal Profession Still Has Strides to Make to Equality, 46 FED. LAW. 64 (December 1999); Cynthia Fuchs Epstein et al., Glass Ceilings and Open Doors: Women's Advancement in the Legal Profession , 64 FORDHAM L. REV. 291 (1995).
60. See CATALYST REPORT, WOMEN IN LAW: MAKING THE CASE(2001); Steve French, Of Problems, Pitfalls, and Possibilities, 21 WOMEN'S RTS. L. REP. 189 (2000); Jennifer Gillespie, Legal Profession Still Has Strides to Make to Equality, 46 FED. LAW. 64 (December 1999); Cynthia Fuchs Epstein et al., Glass Ceilings and Open Doors: Women's Advancement in the Legal Profession , 64 FORDHAM L. REV. 291 (1995).
61. One of us has argued for this proposition extensively. See Wilkins, supra note 21.
62. SeeWilkins & Gulati, supra note 16, at 577-80. In the other work that one of us has done on black corporate lawyers, this historic concentration appears to be shifting as a greater percentage of recent black graduates are working in corporate departments. Nevertheless, there are still relatively few black lawyers in specialized corporate areas such as mergers and acquisitions or corporate tax.
63. Although firms may not care whether an associate maintains a healthy personal life, it may still be true that those who do are more likely to have the stamina and resolve to build successful long-term careers in elite firms. This may be particularly true for minority lawyers who, in addition to the benefits that all lawyers gain from a stable and happy personal life, also receive important career-enhancing benefits from maintaining ties to their respective minority communities. See Wilkins, supra note 21.
64. See Devon Carbado & Mitu Gulati, Crossdressing Identity, unpublished draft, (on file with the authors).
65. The lawyer "testimonials" at the Kirkland & Ellis website provide a vivid example of an attempt by a firm to shape its image in the mind of recruits. See Kirkland and Ellis, Careers at K&E, Law Students (visited May 5, 2001) 〈www.kirkland.com/careers/lawstudents/careers.asp?〉.