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Completing articles but quietly looking elsewhere: ethics and etiquette concerns


Guest Anonymous

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Hello all,

I am currently articling. My firm is actually great. Good learning opportunities, great people, all of that. I will definitely be completing my articles - this isn't a thread about bailing on my articling commitment! 

But unfortunately, it looks like I may need to move to another area shortly after articling, for messy family reasons. There is a small possibility that things might work out with the current employer (combination of remote work, travel, or possibly a transfer to a smaller office closer to the intended city, etc.) But more likely, I will need to find a new job in the next community.

I am quite lost about how to approach this, mostly in terms of timing. This is true with respect both to the current employer and any prospective ones.

The current employer actually already knows about some of the family issues, so they wouldn't be completely blindsided... but they would probably be surprised that I'm already looking at exit paths, just after I start articling. And if I don't actually find anything, I might still want to be hired back and just make the best of it for a while... until I do find something. So it seems too early to say anything. On the other hand, time flies and soon it might already seem too late.

As far as prospective employers, there's a parallel dilemma. I have already seen some openings of interest. I know it's too early because I'm not available for ten months. But at some point, I guess five or six months for now, it's going to hit me that "I'm almost done articling and I don't know what to do next." 

Adding a bit to the stress is that I don't actually know when hire-back offers will occur with the current employer. If they come earlier than I'm expecting, and I haven't lined anything up yet... sheesh.

What would you do? When would you tell your current employer that you may be heading elsewhere, when you're not really sure? When would you want other firms to register your interest? A month before you finished articling? Three months? Not 'til you're actually done?

Basically I am worried about getting this balance wrong, ending up with nothing, and damaging my reputation. 

Grateful for any replies!

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A few disconnected thoughts.

  • I wouldn't expect to get hired on somewhere as an associate during the early stages of your articling term. It's not too early to network or talk to be people. But it's not super likely that you're going to line-up a new job at that stage.
  • You're not bailing on on your current employer yet. They haven't offered you a job. There's nothing to bail on.
  • When you tell your current employer depends on your relationship with your employer, your risk tolerance, and a whole bunch of other things. More notice is generally better for the relationship and your reputation, but also means you may remove your fallback option.
  • If you mislead them about your intentions, that's when you look like an asshole. You don't need to go out of your way to tell them you're declining a position they haven't offered you. But if you make it seem like you plan on coming back and then change course at the last minute, yeah, you'll piss people off.
  • Focus on your articling work for the first couple of months, not your next job. That's what you need to get good at right now.

I personally don't like misleading people. Unless my relationship with a firm is shit to the point that I don't care about screwing them or taking a reputational hit, I'd probably just be honest. People who wait until the last minute are afraid to be unemployed. My preference is to bet on myself. I've liked to believe that I'm good enough to get work when I need it, and that I don't have to play games around timing.

Edit: Seeing LoganRoy and Crispy Boi together made me laugh.

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Edited by realpseudonym
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  • 1 month later...
LawFirmDude
  • Law Student

I am in a similar boat. Another big problem I have realized is new positions asking for references, which will certainly let the cat out of the bag. How do we apply to new places without them calling our current employer asking for a reference?!

Anyone have any advice on this point? Rock and a hard place there.

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Conge
  • Lawyer
34 minutes ago, LawFirmDude said:

I am in a similar boat. Another big problem I have realized is new positions asking for references, which will certainly let the cat out of the bag. How do we apply to new places without them calling our current employer asking for a reference?!

Anyone have any advice on this point? Rock and a hard place there.

I was in a similar boat when I was an associate. I handled it by talking to a couple of partners that I trusted. I told them the truth, that was looking outside the firm for XYZ reasons, and I was hoping they'd give me a reference. They could have sunk me but either spreading it around the firm or giving a bad reference, or both. But of course they didn't do that. It lead to some awkward conversations about "what would it take to make you stay?" and "is partner X the reason you are leaving?" but otherwise no hiccups. YMMV, obviously. 

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Also, I should add, I wouldn't give a reference from your current employer until you are sufficiently far along in the process that the reference check is all that stands in the way of getting an offer.

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LawFirmDude
  • Law Student
On 9/1/2023 at 8:29 AM, Conge said:

Also, I should add, I wouldn't give a reference from your current employer until you are sufficiently far along in the process that the reference check is all that stands in the way of getting an offer.

Oh, so would you just give further past references stating current employer is available on request or something to that effect?

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On 9/2/2023 at 9:55 PM, LawFirmDude said:

Oh, so would you just give further past references stating current employer is available on request or something to that effect?

Yes. Or just tell them you can give references when it's at the appropriate stage. 

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