Summer is now half over. I hate to be the one to tell you this, but the 4^th of July marks the midpoint and a slide towards fall. If you have hired law student assistance for the summer you may have already conducted mid-summer reviews, and you have already formed impressions of the law students who are working for you. But there is still a lot of time between now and the end of summer, and a variety of opportunities for these students to make contributions, and for you to determine whether or not this will be a fit that will lead to an offer of permanent employment.

Many employers utilize summer law students as a way of having talent try out at lessened risk than hiring a full time attorney, and as an opportunity to ‘home grow’ attorneys. For large firms, this opportunity affords students a significant salary and an opportunity to offset a significant part of their final year of law school tuition in addition to experiencing a large law firm, probably with a number of peers. For smaller firms and government agencies, it gives students an opportunity to have first hand contact with legal practice at a modest salary and the likelihood they will be among a small number or the only student working for this organization.

What makes a summer experience a success for students?

In conversation with literally thousands of law students, the single most important aspect of a summer program that impacts student participants is feedback. When the unfortunate experience occurs in which a student ‘doesn’t work out’ at a firm, there is almost always a disconnect between the students’ perception of how he or she performed and the firm’s assessment of the candidate’s performance.

I have had many conversations with law students who were shocked when they did not receive an offer to return to an employer after a summer experience. When talking to the supervising attorney they were equally surprised that the summer law clerk was not aware of performance deficits. How could both sides of this situation be more aware of the other’s perceptions? How can attorneys give feedback and clerks receive feedback that is clear, understandable and communicates performance standards?

Performance starts with the assignment process – and continues.

Many attorneys make understandable, but mistaken assumptions about what law students know. Many summer associates have had limited practical legal experience, and in some instances none. The distance that a lawyer is removed from the law school experience can lead to believing that students will understand many things with which they may not be familiar. How can you help make student work a success?

• Be clear about assignments and expectations of work product. If there are deadlines to pieces or all of the work make them known up front.

• Check progress frequently. If you are supervising a large work assignment, try and offer opportunities for all of the parties to view the big picture. This is in part a learning experience.

• Give feedback on an ongoing basis. If the student seems to understand the assignment and is moving in the right direction, let them know. If they need to back up, or they are headed in the wrong direction – give an early course correction.

• Be open to questions along the way. Many students are afraid to ask critical questions to clarify assignments that lead them to create completely counterproductive work. Invite questions throughout the process.

• Pay attention to the workload. Law students may be fearful of turning down an assignment, and may get in over their heads. Let them know they can tell you when they are overwhelmed, and mean it. Some employers have staff to assist in the project assignment process, but most do not. Law students are not as adept as you are in juggling workload, and most things they do take longer.

• Give feedback at the end of the assignment. It may take only ten minutes to have a conference at the end of the project, but it can change the course of the rest of the summer experience. Feedback by means of red ink on memos is useful, but is better accompanied by a discussion of what the ink means, and an overall evaluation about the quality, timeliness and accuracy of the work. If this is a potential prospect for long-term employment, now is the time to set standards and create clear expectations.

If you have to give critical feedback – do it in a timely manner.

Employers often fail to give critical feedback throughout the summer process. No one likes to play the ‘heavy’. But failure to give feedback on an ongoing basis, makes mid summer and end of summer evaluations much more difficult. For candidates, the greatest problem is not receiving any feedback at all. Summer law clerks often believe that failure to hear anything means they are performing acceptably, when the employer may believe that lack of feedback indicates there is nothing positive to say. If feedback is being delivered on an ongoing basis, there should be no surprises at the time of a summary evaluation. Provide positive feedback as well as areas in need of improvement.

Quantifying the "fit" issue

One of the reasons most frequently cited for students not receiving job offers is that of "fit". Employers might be heard to say, "The work product was acceptable, but somehow he or she just didn’t fit in." A candidate receiving this feedback would be hard pressed to know how to change behavior in the future and make a better impression on the attorney. Honesty may be uncomfortable, but it is best policy for giving feedback. Here are some other ways to define fit.

• The employee had less than optimal work habits. This might include not showing up to work in a timely manner, not working sufficient numbers of hours, or not knowing when a project is time sensitive critical.

• Treating the support staff poorly. A summer employee should be told directly if they are not dealing well with support staff.

• Not showing an interest in peers, or not getting along with peers. Candidates who don’t show a ‘team spirit’ are unlikely to play well with others on the job either. Cross selling business and presenting yourself to potential clients includes having a positive regard for colleagues.

• Making some social faux pas. Everyone has heard a war story about the summer associate who has too many drinks at the managing partner’s home and makes foolish comments, or worse. This may or may not end the student’s chances for employment, but it certainly doesn’t help.

• Exercising poor judgment. One partner talked about how, on the way to a deposition, a summer hire talked at length about personal financial difficulties. Not a good prospect for looking after client resources. Another partner talked about a student virtually ‘taking over’ a client meeting, and disagreeing with the firm view of the client problem.

• When looking at fit, make sure that you are assessing qualities that are job related. Sometimes employers replicate themselves in the hiring process, and find themselves with a less than diverse work force. Think about your own attitudes and beliefs when you make assessments about intangibles. Having a diverse team of attorneys can assist you in building a stronger organization that can appeal to a broader client base.

Making a Decision to Hire

Students finishing the summer before their final year of law school are anxious about the future. The skyrocketing cost of a legal education and the soft job market has added to this anxiety. Potential employees will see an employer who recognizes this pressure and makes a timely and immediate decision regarding future permanent employment in a positive light.

As soon as the fall semester begins students are besieged by information regarding employment opportunities. This includes Justice Department hiring, on campus interviews, and now according to new guidelines, judicial clerkship hiring may be put off until the fall of students’ last year in school. An offer of employment quickly after the summer receives the greatest likelihood of acceptance, and the least amount of disruption to a student wondering if they should consider other options.

If you are a smaller firm or a government agency, you may not be able to project budget or need for employees nine months hence. But if you have authority to hire, and you are convinced of need, there may not be a need to postpone the decision. If you are convinced of the student’s competence, and ‘fit’ in your organization, make a decision when you are closest to having evaluated work product. Often a smaller firm will continue to employ a candidate through the last year of law school. As soon as you are clear about budgets and hiring, let the candidate know if a job is in the offing. A candidate that you meet six months later may look very attractive, but remember that in terms of results, they are a relative unknown. You may be aware of the weaknesses of your summer hire, but you also know their strengths.

If you decide not to hire a law clerk permanently, be prepared to give as much specific feedback as possible that is directly job related. If you’ve been clear about feedback throughout the summer, neither party should be surprised. Sometimes clerks are as aware as you are that this isn’t the work situation best suited to their skills. The student will learn nothing helpful if they aren’t told honestly about how their work hasn’t met standards.

Hiring summer employees can be a great way to grow your business and provide practical work experience work experience for students, provided the employee knows standards and is evaluated frequently and fairly. Doing anything less is an injustice to both of you.

Wendy Werner is the owner and principal of Werner Associates, a law firm consulting and career coaching organization. She also coaches lawyers on marketing issues, writes job descriptions, screens resumes and interviews candidates on behalf of law firms and corporations. She can be reached at WernerWL@yahoo.com