What we learned from the pandemic

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What we learned from the pandemic
What we learned from the pandemic

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Campus interviews have long been a staple of law firm recruiting. But when the pandemic hit, law firms, like everyone else, had to adapt by turning this time-honored tradition virtual—in many cases with great success.

Despite the massive disruption of the pandemic, 73% of applicants in 2021 received more offers for associate roles than the previous year, according to a March 2022 Law Student Perspective Survey released by the National Law Internship Association .

Competition for strong early-career legal talent is fiercer than ever. As William Doherty wrote in his recent Mind Your Business article: “The law had an attrition problem before the pandemic hit. Now it’s in hyperdrive.” Innovation, Dougherty argues, will give businesses a competitive edge in the war for talent.

When you consider that Gen Z is a digital native, but traditional recruiting practices require students to work in an analog world, it’s no surprise that the NALP survey found that 56% of students contacted employers outside of the OCI program of their school last year. Over 70% successfully secured screening interviews through direct contact outside OCI. In other words, the pre-pandemic OCI model doesn’t seem to be reaching everyone it could.

As OCI slowly returns to schools across the country, it may be time to take stock of what the past two years have taught us about recruitment and see if a new model can provide deeper and broader engagement for both students, as well as companies. This model will incorporate online tools such as strengths-based assessments and job simulations that have become indispensable during the pandemic (67% of students report using them) to support the best parts of OCI going forward.

A strengths-based approach to recruitment

Even before the pandemic, many businesses were looking for ways to develop early-career recruitment with an increased emphasis on assessing strengths, behaviors and skills in addition to academic achievements or work experience. Research shows that this approach is a strong predictor of success.

So what traits should firms look for in 1L and 2L candidates? In the more than 20 law firms I’ve worked with, job analysis data consistently shows that these five strengths are essential:

    Sustainability – One of the most predictable strengths, demonstrated resilience is a good indicator that you will thrive in a demanding role and be able to stay motivated every day.
    Critical thinking – Ability to analyze data sources.
    sentence – The ability to use this analysis to arrive at sound decisions and be confident in those decisions.
    Cooperation – The ability to work on projects with others.
    Communication – Knowing when to use the best medium for the best result, such as when to send an email or when the more personal touch of a phone call is needed.

By building assessments around these behaviors as well as core competencies specific to each individual law firm’s values, candidates can be assessed for their fit with the firm. This data can then inform subsequent interviews, making the whole process more efficient and effective. Clyde & Co., for example, found it reduced applicant completion time by 50% and assessor time by 70%. This means less time away from clients, a more productive OCI cycle and a better candidate experience.

The Impact of Rethinking OCI

One of the biggest benefits we’ve seen from these solutions—for example, in the case of Latham & Watkins—is that these assessments can provide firms with a more complete picture of a candidate. Latham’s solution combines behavioral assessment with an engaging job simulation based on a real-life pro bono matter. The job simulation is broad enough to allow each candidate to show how they would approach the problem. Hiring teams can observe behavior and gain a more tangible sense of how students would perform at Latham, while students gain a more tangible sense of what it’s like to work at the firm.

These assessments inform subsequent interviews and provide a way to connect with prospective candidates over a longer period of time than OCI’s usual abbreviated two-week interview period. So while the process is more efficient, it is also more thorough. Having multiple sources of evidence from different measurement media leads to a more objective and complete view of fit and a more confident hiring decision. OCI provides one data point per candidate and can be a valuable part of the picture, but by including additional data points from assessments, firms will have a more complete picture of the candidate and deeper engagement.

James Boyle, director of recruitment at Latham & Watkins, notes that no preparation is necessary for the assessments. “It’s designed to help us understand the candidate’s natural approach to the job.”

These ratings also affect the applicant’s experience. After completing the Latham job simulation, candidates receive a feedback report noting their strengths and areas for development. Such insights provide the candidate with an opportunity for personal growth and can go a long way in building long-term relationships with them. Showing respect for candidates’ time and effort can be a differentiator for companies to win the battle for talent. In fact, NALP survey respondents cited company culture as the most influential factor in deciding where to apply and accept offers.

This window into company culture is important for another reason: retention. A critical factor in hiring decisions today is how to determine which candidates have the skills, courage and professional mindset to thrive in the long term. But it’s also up to businesses to set realistic job expectations. Being transparent early on about these expectations with a job simulation can help avoid dissatisfaction later.

Expanding the scope of OCI: Diversity and inclusion in the law

Virtual engagement can also lead to greater inclusion in OCI. In the past, law students who had to work while in school may have missed out on OCI opportunities that conflicted with their work responsibilities. Likewise, some first-generation law students may not be aware of the potential benefits of OCI. Virtual engagement, on the other hand, can meet the unique needs of students and therefore reach candidates who may never have been considered in the past.

Nikki Garcia HeadshotNikki Garcia.

Building a more comprehensive network can be just the kind of forward-thinking approach that sets a company apart. For example, in the case of the student who is the first in his family to pursue higher education, it is quite possible that he has had to overcome more challenges in life and is more resilient than many other applicants – a key indicator of success.

These assessment tools also level the playing field within the selection process. By offering additional evidence that is objectively measured, recruiters can reduce unconscious bias. As Boyle says, using these tools to ensure Latham hires “the best and brightest talent, regardless of background, is a long-term strategic focus of the firm.”

Looking Ahead: The Future of OCI

OCI has a strong tradition of legal recruitment. For many prospective associates, this is a way to get an idea of ​​a range of possible companies in which to start their career. But as law firms continue to experience record levels of attrition among Millennial and Gen Z associates, all areas of hiring must be evaluated for ways to improve early-career recruitment and retention, including OCI.

The pandemic and the unexpected shift to virtual recruiting have shown us the many benefits that tools like realistic job simulations and other strength-based assessments can offer. By including them alongside traditional criteria like GPA, firms can foster greater DEI in the legal sector, accelerate hiring and provide a strong head start for employee onboarding, creating new associates for long-term engagement and success.


Nikki Garcia is an accredited industrial and organizational psychologist and co-founder and chief client officer at strengths-based talent acquisition solutions provider Cappfinity.


Mind Your Business is a series of columns written by lawyers, paralegals and others in the legal industry. The goal of these columns is to offer practical guidance for lawyers on how to manage their practices, provide information on the latest trends in legal technology and how they can help lawyers work more efficiently, and strategies for building a thriving business.


Interested in contributing a column? Send an inquiry to [email protected]


This column reflects the opinions of the author and not necessarily the views of the ABA Journal or the American Bar Association.



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