If you know that your former boss may be less than glowing about you and your work, preparing the interviewer can often remove the sting. Whether the bad reference is linked to a long-ago former employer or to your 1L or 2L summer from whom you received no offer, preparing yourself by knowing the actual, articulated reasons for the bad reference is crucial to the enterprise.
Attempting to run your jobs search on the premise that "they were jerks," "they were unfair," or anything harsher is self-defeating. You must determine exactly who will speak for your former employer and what will be said about you. Some employers keep a tight reign on potential recommenders; others allow you to recruit recommenders beyond the Hiring Committee. Work closely with your career office every step of the way.
Five reasons for bad references -- and what to do about them:
1. A weak performance review from one lawyer about a single project. You can often inoculate yourself against a weak performance review by explaining (not whining) about the single event that caused it.
If there was one terrible misunderstanding from which you have learned the importance of getting clear and unambiguous instructions, you may strike a chord. Most people have been in this situation at least once. Make clear that you understand your employer’s frustration, and that you know how a single event can color an otherwise favorable impression of your work. Be very sure that the incident you believe caused the problem will be the incident that the reference will discuss. This explanation dies a painful death if there is more than one incident to discuss.
2. Not a good fit. Sometimes the office or the practice was just not right for you. It might have been the practice, or the pace or the people. You might have been unhappy in the city where you worked. If you made your unhappiness known, you probably created a bad situation for yourself because you were perceived as having a bad attitude, for which the code words are "bad fit."
If you can articulate the problem and you are not applying to an employer with a similar culture, you may be able to overcome the “fit� issue. If you were perceived as a whiner or complainer and there is any connection between your former employer and your future employers (including classmates), you may have created a roadblock. Ask the CPDC for help. In an uncertain economy, anyone who hints that he doesn’t want to be hired won’t get an offer.
3. Offers to fewer than 100% of the summer associates. If a large number of summer associates did not receive offers, a prospective employer may be persuaded that the firm had financial problems which should not reflect on you. You may need to drill down to the department level, but if your first choice group is a drag in a troubled economy because it has lost business, and shed partners and associates, your “no offer" may be explained. Note that employers may be curious, if not skeptical if they learn that you had an option to join a viable and growing practice group.
4. Offers to everyone but you in the summer program. This is not good, but it is not the end of the world. Find lawyers who will say good things about your work and who will agree to serve as references for you. Ideally, at least one person will say that if it were up to her, you would have been hired. Establish in your own mind whether the office was really not a good fit for you because of its culture or style, or whether there were geographic or other factors involved. You must be calm and professional in your conversations with your employer to get the very best spin put on this immediately.
5. Your work was utterly unsatisfactory. If you have had poor reviews throughout your employment, and your supervisors were adamant that your work product did not meet the firm’s standards, a bad reference and not receiving an offer should not be a surprise. Whether the firm wanted a more scholarly approach to research, wanted you to work at an uncomfortably fast pace or adhered to grammatical and stylistic standards that you were unable or unwilling to master, you need to know why your performance was unacceptable. Then, you must do two things. Identify and put a good spin on the reason for the mismatch, and find lawyers who will say how much they liked you as a person. It does not hurt to have been the “favorite� law clerk who everyone liked, and whose “no offer� caused great pain.
STRATEGY Consult the CPDC within 24 hours of learning that you have not received a summer offer or that you will get a bad reference from a previous employer. You need to work out a strategy for your job search, and you must start right away.
CAVEAT Summer 2008 The summer of 2008 is not the time to whine, complain or to make clear that you don’t like the city, the work, the practice or the people with whom you work. Tell your friends, don’t tell your colleagues, and, please don’t whine about your employer on your blog. (Don’t laugh, it’s been done.) In an uncertain economy, anyone who hints that he doesn’t want to be hired won’t get an offer.