Principles and Standards for
Law Placement and Recruitment Activities
(effective April 23, 2013)INTRODUCTION
The
National Association for Law Placement (NALP) was organized in 1971 to
promote the exchange of information and cooperation between law schools
and employers. In order to advance those interests, the Association has
developed these "Principles and Standards for Law Placement and
Recruitment Activities."
The NALP "Principles and Standards
for Law Placement and Recruitment Activities" were first adopted in
1978. Part V, "Standards for the Timing of Offers and Decisions," was
derived from "Interviewing Procedures for Law Students and Prospective
Employers," a set of guidelines originally adopted in the early 1960s
by a group of law schools meeting under the auspices of the Association
of the Bar of the City of New York. Subsequent modifications were
adopted in 1985, 1988, 1992, 1994, 2002, 2004, 2005, 2009, 2010, 2012, and 2013.
The "Principles and Standards for Law Placement and Recruitment Activities" are organized as follows:
I. General Principles
II. Principles for Law Schools
III. Principles for Candidates
IV. Principles for Employers
V. General Standards for the Timing of Offers and Decisions
NALP
encourages law schools and legal employers to educate all participants
in the law placement and recruitment process about the spirit and the
letter of these Principles and Standards. NALP urges all participants
in the law student recruitment process, including members and
non-members of NALP, to abide by these Principles and Standards. These Principles and Standards are designed to empower law schools, legal employers, and law student candidates ("candidates") to self govern based on the concepts set forth below. NALP expects such governance will be managed with the highest regard for the best interest of all involved parties.
PART I. GENERAL PRINCIPLES
Successful recruitment and placement of law students requires cooperation and good
judgment from three groups -- law schools, candidates, and employers.
These Principles and Standards provide concrete guidelines for each
group. Nothing in the Principles and Standards is intended to alter any
legal relationships among the participants, but participants are urged
to carry out all obligations in good faith.
Activities related to the placement and hiring of law students should be conducted
on the highest ethical and professional level. Timely exchange of
accurate information is essential. Recruitment activities should be
scheduled so as to minimize interference with students' academic work.
Underlying these guidelines for ethical behavior is NALP's fundamental commitment
to helping to make the legal profession accessible to all individuals
on a non-discriminatory basis. NALP is strongly opposed to
discrimination which is based upon gender, age, race, color, religious
creed, national origin, physical disability, marital, parental or
veteran status, sexual orientation, or the prejudice of clients related
to such matters.
In addition to abiding by these guidelines, all parties concerned with placement and hiring should observe strictly all relevant laws, accreditation standards and
institutional policies. A law school may deny use of its career
services facilities to students and employers who fail to adhere to
these Principles and Standards. If unusual circumstances or particular
organizational constraints require a law school, a candidate, or an
employer to modify any provision herein, every effort should be made to
find an alternative acceptable to all parties concerned.
PART II. PRINCIPLES FOR LAW SCHOOLS
A. Law schools should make career planning services available to all students.
- Career planning and counseling are integral parts of legal education. Law
schools should dedicate to them adequate physical space, equipment, financial support, and staff.
- The professional services of a career planning office should be available to students without charge.
- Law schools should strive to meet the career planning needs and interests
of all students. Preferential treatment should not be extended to any
student or employer.
B. Law schools should subscribe to and promote practices that protect their students' legal rights.
- Law schools should articulate and publish meaningful policies prohibiting
discriminatory hiring practices. Employers should be required to sign a non-discrimination statement prior to recruiting on campus. Procedures should be developed and published whereby claims of violations can be investigated and resolved
promptly and fairly.
- Students' privacy should be protected against illegal or inappropriate dissemination of personal information. Information protected by federal, state, or municipal law must not be disclosed without proper consent. Institutional policies conforming to
prevailing laws should be formulated and published to the attention of
both students and employers.
C. Law schools should educate students as to proper career investigation techniques and protocol.
- Career services offices should educate all students about NALP's Principles and Standards.
- Publications and counseling provided by law schools should be designed to afford
students adequate information about the variety of opportunities
available to persons with legal training and proper methods for
exploring such opportunities.
- Students should be counseled to focus their career choices based on their aptitudes and career goals.
D. Students' freedom of choice in career decisions should be protected from undue influences.
- In counseling students, career services officers and others within the law
school community should avoid interposing either their own values or
institutional interests.
- Law schools should disseminate Part V: General Standards for the Timing of Offers and Decisions to students and employers and urge all participants in the law student recruitment process, including members and non-members of NALP, to adhere to them
so that students can make informed decisions.
- In order to protect the best interests of all participants, law schools should take every step possible educate students and employers alike regarding the importance of the General Standards for the Timing of Offers and Decisions.
E. Law schools should develop and maintain productive working relationships with a broad range of employers.
- Law schools should work actively to develop and maintain employment
opportunities for students and graduates. All employment opportunity
notices should be publicized to all students.
- To enhance student learning and increase career development opportunities, the office of career services should maintain good working relationships with students, faculty, alumnae/i, and other elements of the legal community.
- In order to ensure maximum information-sharing and efficiency in the employment search process, law schools should cooperate with one another to the fullest extent
possible in gathering employer information and providing interview
services.
- Law schools should not disseminate information learned in confidence from employers.
F. Law schools should establish adequate procedures to facilitate recruitment by employers.
- Procedures to enable employers to conduct on-campus interviews, solicit direct
applications or collect student resumes should be designed for maximum
efficiency and fairness. Those procedures should be clearly articulated
and available in writing to students and employers.
- In dealing with employers, law schools should make maximum use of standardized forms and procedures.
G. Law schools should establish and implement practices to ensure the fair
and accurate representation of students and the institution in the
employment search process.
- Law schools should adopt and enforce policies that prohibit misrepresentation and other student abuses of the employment search process, such as engaging in
interviews for practice, holding more offers than specified in Part V of these Principles & Standards, failing to
decline offers in which there is no longer interest, or continuing to
interview after acceptance of employment.
- Law schools should provide to employers and
other interested parties comprehensive information on grade standards
and distribution, curriculum, degree requirements, admissions and
enrollment profiles, academic awards criteria, and office of career
services policies and procedures.
- Information on employment and salaries
should be collected by law schools and provided to NALP, and the survey
results should be made available to employers, prospective students,
and all other interested parties.
PART III. PRINCIPLES FOR CANDIDATES
A. Candidates should prepare thoroughly for the employment search process.
- Before beginning an employment search, candidates should engage in thorough
self-examination. Work skills, vocational aptitudes and interests,
lifestyle and geographic preferences, academic performance, career
expectations and life experiences should be carefully evaluated so that
informed choices can be made. General instruction should be obtained on
employment search skills, particularly those relating to the interview
process.
- Prior to making employment inquiries,
candidates should learn as much as possible about target employers and
the nature of their positions. Candidates should interview only with
employers in whom they have a genuine interest.
- Candidates should comply with the policies and procedures of each law school from which they obtain services.
B. Throughout the employment search process candidates should represent
their qualifications and interests fully and accurately.
- Candidates
should be prepared to provide, at employers' request, copies of all
academic transcripts. Under no circumstances should academic
biographical data be falsified, misrepresented, or distorted either in
writing or orally. Candidates who engage in such conduct may be subject
to elimination from consideration for employment by the employer,
suspension or other academic discipline by the law school, and
disqualification from admission to practice by bar admission
authorities.
- Candidates should be prepared to advise
prospective employers of the nature and extent of their training in
legal writing. Writing samples submitted as evidence of a candidate's
legal skills should be wholly original work. Where the writing was done
with others, the candidate's contribution should be clearly identified.
Writing samples from law-related employment must be masked adequately
to preserve client confidentiality and used only with the permission of
the supervising attorney.
C. Throughout the employment search process candidates should conduct themselves in a professional manner.
- Candidates
who participate in the on-campus interview process should adhere to all
scheduling commitments. Cancellations should occur only for good cause
and should be promptly communicated to the office of career services and
the employer.
- Candidates should respond promptly to invitations for in-office interviews and accept such invitations only if the candidate has a
genuine interest in the employer. With respect to all other requests for information or invitations from employers, candidates should respond promptly.
- Candidates should reach an understanding
with the employer regarding its reimbursement policies prior to the
trip. Expenses for trips during which interviews with more than one
employer occur should be prorated in accordance with those employers'
reimbursement policies.
- Candidates invited to interview at employer
offices should request reimbursement for reasonable expenses that are
directly related to the interview and incurred in good faith. Failure
to observe this policy, or falsification or misrepresentation of travel
expenses, may result in non-reimbursement and elimination from
consideration for employment or the revocation of offers by an
employer.
- Candidates should handle in a timely manner any changes or cancellations to an in-office interview including cancellation of any travel arrangements.
D. Candidates should
notify employers and their office of career services of their
acceptance or rejection of employment offers by the earliest possible
time, and no later than the time established by rule, custom, or
agreement.
- Candidates should expect offers to
be confirmed in writing. Candidates should abide by the standards for candidate responses set out in Part V and should in any event notify the
employer as soon as their decision is made, even if that decision is
made in advance of the prevailing deadline date.
- In fairness to both employers and peers, candidates should act in good faith to decline promptly offers for
interviews and employment which are no longer being seriously
considered. In order for law schools to comply with federal and
institutional reporting requirements, candidates should notify the office
of career services upon acceptance of an employment offer, whether or
not the employment was obtained through the office.
- Candidates seeking or preparing to accept
fellowships, judicial clerkships, or other limited term professional
employment should apprise prospective employers of their intentions and
obtain a clear understanding of their offer deferral policies.
E. Candidates should honor their employment commitments.
- Candidates
should, upon acceptance of an offer of employment, notify their office
of career services and notify all employers who consider them to be
active candidates that they have accepted a position.
- If, because of extraordinary and unforeseen
circumstances, it becomes necessary for a candidate to modify or be
released from his or her acceptance, both the employer and the office
of career services should be notified promptly in writing.
F. Candidates should promptly report to the office of career services any
misrepresentation, discrimination or other abuse by employers in the
employment process.
G. Students who engage in law-related employment should adhere to the same standards of conduct as lawyers.
- In
matters arising out of law-related employment, students should be
guided by the standards for professional conduct which are applicable
in the employer's state. When acting on behalf of employers in a
recruitment capacity, students should be guided by the employer
principles in Part IV.
- Students should exercise care to provide representative and fair information when advising peers about former employers.
PART IV. PRINCIPLES FOR EMPLOYERS
A. Employers should maintain productive working relationships with law schools.
- Employers
should inform the law school office of career services in advance of
any recruiting activities involving their students, whether conducted
on- or off-campus, and should, at the conclusion of those activities,
inform the office of career services of the results obtained.
- Employers without formal recruiting programs
or whose hiring activities are sporadic in nature should notify the law
school office of career services as far in advance as possible of
planned recruiting activities in order that appropriate assistance
might be arranged.
- Employers who conduct on-campus interviews should refrain from making unnecessary schedule change requests.
B. Employers should respect the policies, procedures and legal obligations
of individual law schools and should request only services or
information that are consistent therewith.
- Employers should not expect or request preferential services from law schools.
- Employers should not solicit information received by law schools in confidence from candidates or other employers.
- Appointments
with candidates for in-house interviews should be established for a
mutually convenient time so as not to unduly disrupt candidates' studies.
- Employers should promptly report to the
office of career services any misrepresentation or other abuse by candidates of the employment search process.
C. Employers should provide full and accurate information about the
organization and the positions for which recruitment is being
conducted.
- Employers should provide to law
schools complete organizational information as contained in the NALP
Employer Questionnaire well in advance of any recruitment activities.
Position descriptions should include information about the
qualifications sought in candidates, the hiring timetable, nature of
the work, the number of available positions, and, if known at the time,
the starting salary to be offered.
- Invitations for in-office interviews should include a clear explanation of all expense reimbursement policies and procedures.
D. Employer organizations are responsible for the conduct of their recruiters and for any representation made by them.
- Employers should designate recruiters who are both skilled and knowledgeable about the employing organization.
- Employers should instruct interviewers not to make any unauthorized commitments.
- Candidates'
personal privacy should be safeguarded. Information about candidates
that is protected by law should not be disclosed by an employer to any
third party without specific permission.
E. Employers should use valid, job related criteria when evaluating candidates.
- Hiring decisions must be based solely on bona fide occupational qualifications.
- Employers
should carefully avoid conduct of any kind during the interview and
selection process that acts or appears to act to discriminate
unlawfully or in a way contrary to the policies of a particular
institution.
- Factors in candidates' backgrounds that have
no predictive value with respect to employment performance, such as
scores on examinations required for admission to academic institutions,
should not be relied upon by employers in the hiring process.
- There has been a long-standing tradition
that the first year summer be used to engage in public service work or
to take time away from the law altogether, and, while the practice of
having first year students work in private law firms provides
additional employment opportunities to some students, such experiences
should not be valued or emphasized inordinately.
F. Employers should refrain from any activity that may adversely affect
the ability of candidates to make an independent and considered
decision.
- Employers should give candidates a
reasonable period of time to consider offers of employment and should
avoid conduct that subjects candidates to undue pressure to accept.
- Response deadlines should be established
when the offer of employment is made. Employers who extend offers in
the fall should abide by the timetable for candidate response set out in
Part V and must abide by it with respect to candidates enrolled in law
schools that have adopted it as an employer requirement.
- Employers should not offer special
inducements to persuade candidates to accept offers of employment
earlier than is customary or prescribed under the circumstances.
G. An employer should honor all commitments made on its behalf.
- Offers of employment should be made in writing, with all terms clearly expressed.
- If,
because of extraordinary and unforeseen circumstances, it becomes
necessary for an employer to rescind or modify an offer of employment,
both the candidate and the office of career services should be notified
promptly. Employers may retract any offer that is not reaffirmed by the candidate in accordance with Part V, Paragraphs B3 and C3 below.
PART V: GENERAL STANDARDS FOR THE TIMING OF OFFERS AND DECISIONS
In April 2013, the Board adopted a new Part V.D.1. - Summer Employment Provisions for First Year Students - on a provisional basis.
To
promote fair and ethical practices for the interviewing and
decision-making process, NALP offers the following standards for the
timing of offers and decisions:
A. General Provisions
- All
offers to law student candidates (“candidates”) should remain open for
at least two weeks after the date of the offer letter unless the offers
are made pursuant to Sections B and C below, in which case the later
response date should apply.
- Candidates are expected to accept or release
offers or request an extension by the applicable deadline. Offers that
are not accepted by the offer deadline expire.
- A candidate should not hold open more than
five offers of employment at any one time. For each offer received that
places a candidate over the offer limit, the candidate should, within one
week of receipt of the excess offer, release an offer.
- Employers offering part-time or temporary
positions for the school term are exempted from the requirements of
Paragraphs B and C below.
- Practices inconsistent with these guidelines should be reported to the candidate’s career services office.
B. Full-Time Employment Provisions
- Employers
offering full-time positions to commence following graduation to
candidates not previously employed by them should leave those offers
open for at least 28 days following the date of the offer letter or
until December 30, whichever comes first. Offers made after December 15
for full-time positions to commence following graduation should remain
open for at least two weeks after the date of the offer letter.
- Candidates may request that an employer extend
the deadline to accept the employer’s offer until as late as April 1 if
the candidate is actively pursuing positions with public interest or
government organizations. Candidates may hold open only one offer in such
circumstances. Employers are encouraged to grant such requests.
- Employers offering full-time positions to
commence following graduation to candidates previously employed by them
should leave those offers open until at least November 1 of the
candidate’s final year of law school. Candidates should reaffirm these offers within thirty days from the date of the offer letter. Employers may retract any offer that is not reaffirmed within the 30 day period.
- Employers offering candidates full-time
positions to commence following graduation and having a total of 40
attorneys or fewer in all offices are exempted from Paragraphs 1-3 of
this Section. Instead, offers made on or before December 15 should remain open for at least three weeks following the date of the offer letter or until December 30, whichever comes first, and offers made after December 15 should
remain open for at least two weeks.
C. Summer Employment Provisions for Second and Third Year Students
- Employers
offering positions for the following summer to candidates not
previously employed by them should leave those offers open for at least
28 days following the date of the offer letter or until December 30,
whichever comes first. Offers made after December 15 for the following
summer should remain open for at least two weeks after the date of the
offer letter.
- Candidates may request that an employer extend
the deadline to accept the employer’s offer until as late as April 1 if
the candidate is actively pursuing positions with public interest or
government organizations. Candidates may hold open only one offer in such
circumstances. Employers are encouraged to grant such requests.
- Employers offering positions for the
following summer to candidates previously employed by them should leave
those offers open until at least November 1. Candidates should reaffirm these offers within thirty days from the
date of the offer letter. Employers may retract any offer that is not
reaffirmed within the 30 day period.
- Employers offering candidates positions for
the following summer and having a total of 40 attorneys or fewer in all
offices are exempted from Paragraphs 1-3 of this Section. Instead, offers made on or before December 15 should remain open for at least
three weeks following the date of the offer letter or until December
30, whichever comes first, and offers made after December 15 should remain open for at least two weeks.
D. Summer Employment Provisions for First Year Students
- To position law students to be as successful as possible, their efforts during the first semester of law school should focus on their studies rather than on job search activities. Nonetheless, opportunities to learn about professionalism, professional development and the legal profession are appropriate early in law school. Recognizing that law schools will differ in philosophy as to first-year career development activities, law schools nevertheless should not begin offering one-on-one career counseling or application document reviews to first-year students before October 15 (except in the case of part-time students who may be given assistance in seeking positions during the school term). Individual law schools may set later dates as appropriate.
- Prospective employers and first year law
students should not initiate contact with one another and employers
should not interview or make offers to first year students before
December 1.
- All offers to first year students for summer employment should remain open for at least two weeks after the date made.