If You Accept a 1L Position, Do You Have To Go Back the Next Summer?

[NewToLaw1234]

As part of the Toronto recruit, a lot of firms mention they want their students to come back for the next summer/articling/etc. If you do take a job, is it incredibly frowned upon to not return the following summer, or to hold a 2L offer (if one does arrive) and participate in OCIs to apply for positions in other practice areas? Does anyone actually *hold* an offer, or is that just another way of burning a bridge? 

Sincerely, someone who's definitely overthinking things and not yet sure what area of law they want to pursue. 

[BlockedQuebecois]

Surely you don't need to ask the internet if your employer will frown upon it if you tell them that you are not interested in continuing to work for them, but that you would like the option to keep working with them in the event none of the better employers want to hire you? 

In my experience, people hold offers if they want to participate in the New York recruit, but otherwise it's very rare and will no doubt be frowned upon by your employer absent exceptional circumstances. 

ETA: Although whether you care that it’s frowned upon is another matter entirely. There’s nothing morally wrong with standing on your right to hold an offer, so it’s really a question of weighing the benefits and costs, which will be quite individualized. 

Edited February 21 by BlockedQuebecois

[LMP]

I know a few people (one of whom I suspect will be commenting on this shortly) who held offers and ended up elsewhere. 

At the same time I had two student in my cohort hold offers. One ended up coming back. I don't think the perception was too bad, but certian partners were certianly unhappy with it (and had no qualms saying that directly to the student). I suspect that it'll be to their detriment when hireback decisons are made.

 

 

[Dinsdale]

You will not be the most popular student on the block, to be sure.  From the firm's point of view, your holding of an offer makes it impossible for them to know how many students they need to recruit in the 2L OCI's, since they don't know whether you are returning or not.  This comment is more applicable to medium and smaller firms that recruit to an exact number rather than BigLaw, which is usually happy with a range.

I don't see why you would do it unless you are unhappy with your current firm.  Many applicants find the 2L recruit to be stressful and a major distraction from their work and extra-curriculars in 2L first term.  Why would you put yourself through that if you don't have to?

[Turtles]

23 hours ago, NewToLaw1234 said:

As part of the Toronto recruit, a lot of firms mention they want their students to come back for the next summer/articling/etc. If you do take a job, is it incredibly frowned upon to not return the following summer, or to hold a 2L offer (if one does arrive) and participate in OCIs to apply for positions in other practice areas? Does anyone actually *hold* an offer, or is that just another way of burning a bridge? 

Sincerely, someone who's definitely overthinking things and not yet sure what area of law they want to pursue. 

Some firms will explicitly tell their 1L hires they are open to students doing something else in their 2L summer (or actually requiring they find something else to do), to escape paying salary for a second summer, while still intending to hire the cohort back for articling. That is a small minority and the exception rather than the rule, so I assume it won't apply to you.

If you are expected to return for your 2L summer by your 1L summer firm, you will likely burn bridges by holding the offer if you don't have a compelling reason. People talk internally. The student director may take it personally, partners may try to figure out "what went wrong" and question the student director over what happened and whether others may be unhappy / keen to leave, whether there were warning signs that were missed, whether the student director wasn't involved enough or there was too much pressure too fast, etc. And 2L recruit firms may hold it against you, especially if there isn't an objectively good, non-prejudicial reason to explain the desire to switch. It's easy to assume you were a problem, rather than something amiss with the firm, or that you remain a flight risk and they best not waste a spot on you. A handful may instead see it as an asset and be extra interested. It really varies.      

It's uncommon but it happens. If you are clearly upgrading, it will come off better. If you are changing cities, it'll be fairly apparent there was good reason underlying the need to move. Some firms (e.g., the Ottawa big law firms) force students to re-apply through the recruit if they want to switch cities rather than permit internal mobility -- in which case reapplying along with other firms would certainly be fair. If you are going to a peer firm in the same city, it will be suspect. And in most circumstances, your old firm will be disgruntled. I have heard more favorable experiences being instances where the student was leaving for an NYC job, in which cases the firm say they understood the great opportunity, were happy to be associated with their talent feeding into the NYC big law market, and encouraged those students to come back if/when they return to Canada.

All that said, life is short. You have not just 2L summer ahead, but also articling, associateship (hopefully), and perhaps more. It's ok to cut your losses sooner rather than later, or try to build the base of your career at the firm you actually want to work at long-term. Conversely, if you're not looking to stick around in big law very long, maybe moving now is a wasted headache. If you are considering leaving, there must be a reason. Just figure out if it's a good enough reason relative to your goals. Think about whether other firms may actually be better, or if your expectations are just off-base of reality, or if you may just be falling into a trap thinking about "prestige" instead of what may matter more to you. Also keep in mind things change -- student directors move around, firm policies soften (or get more strict), annoying technology and intranet problems resolve, and so on. Your gripes from the 1L experience may disappear before 2L summer, let alone articling, so moving may be an overreaction to a temporary problem. 

Based on the timing of this post, I should add that I would rather take any 1L recruit job and do the 2L recruit, if you still desire to switch during/after the summer, vs decline a 1L recruit offer for fear of burning bridges if you suspect you not be satisfied by it. I also appreciate the fact the 2L recruit forces you to learn about many different firms and showcases them in a way you don't get with the 1L recruit or in law school more generally. There is value in doing the recruit just to learn about the industry you're entering into. And it's ok. It's uncommon, there are drawbacks, but it is possible and can be very reasonable to hold your offer and play the 2l recruit. 

Long story short, be thoughtful about it. Don't sign a return offer just because 99% of your cohort will immediately sign the return offer. And don't hold it unless you understand the fundamental gamble, the burning of bridges relative to the marginal benefit of a different firm and the education you gain from the recruit process. I would not refrain from accepting any substantive 1L summer experience for fear of not being satisfied or because you anticipate looking to switch. You may be surprised, let alone learn a thing or two, and any 1L summer experience is probably better for you than none (with few exceptions).     

Edited February 22 by Turtles