FAQs on NALP's Timing Guidelines

Q. What do the new Part V Timing Guidelines say about offers made prior to the commencement of fall interview programs?
A. Although the new Part V Timing Guidelines do not directly address such very early offers, one of the new Interpretations does. Interpretation #20 states, "In light of NALP's strong commitment to allowing candidates to make independent and considered decisions, offers made before a law school's fall interview program begins to a law student candidate not previously employed should not expire until at least 45 days from the first day of the law school's fall interview program. Employers should contact the appropriate law school(s) to determine these dates." (Posted 5/7/09).

Q. Do offers made after November 15 expire in less than 45 days?
A. The Principles & Standards Part V.B.1 and Part V.C.1 state that, "Employers offering (full-time positions to commence following graduation and positions for the following summer respectively) to candidates not previously employed by them should leave those offers open for at least 45 days following the date of the offer letter or until December 30, whichever comes first." This means that all offers made between November 15 and December 15 expire on December 30 — "sunsetting" in length from 45 days to 2 weeks. Part V.B.1 and Part V.C.1. also state, "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." This sunsetting offer deadline provision was included in the new interim timing guidelines to provide a gradual and clear transition from the 45-day rolling deadlines of the fall recruitment season to the 2-week deadlines of the winter and spring recruitment seasons. (Posted 11/20/08).

Q. In deciding which law student candidates should receive a November 15th deadline for an offer, who counts as "previously employed"?
A. Any first, second, third, or fourth year law student who was employed during all or part of any of their law school summers, and is receiving an offer from that employer for a subsequent summer and/or full-time post-JD employment, should have until November 15th to respond to the offer. (Posted 8/21/08.)

Q. How do the new Part V timing guidelines apply to students who are also pursuing judicial clerkships?
A. In general, the guidelines apply the same as they have in the past. The only change is that previously employed students have until November 15 to respond to their offer. Otherwise, the new Part V timing guidelines do not significantly alter the way students and employers will approach offer deadlines if a student is pursuing or has accepted a judicial clerkship. Employers will find Interpretation 10 (Application of Offer/Acceptance Deadlines for Positions Following Judicial Clerkships) particularly helpful in developing appropriate response deadlines. Students and Employers may find Interpretation 4 (Extension of Offer Deadlines) particularly helpful in considering, respectively, requesting or granting an extension. (Posted 9/4/08.)

Q. What is the maximum number of offers that a law student can hold at any one time?
A. As stated in the NALP Principles and Standards Part V.A.3, "A student should not hold open more than five offers of employment at any one time. For each offer received that places a student over the offer limit, the student should, within one week of receipt of the excess offer, release an offer." This guideline applies at any point in time during the recruitment season. Interpretation 3 provides additional guidance for law student candidates interviewing in more than one market. (Posted 9/14/08.)

Q. Are branch offices with fewer than 40 attorneys exempt from the Part V timing guidelines?
A. The timing guidelines apply to any office, irrespective of size, if the employer has over 40 attorneys across all its offices. As stated in the NALP Principles and Standards Part V.B.4 and V.C.4, "Employers ... having a total of 40 attorneys or fewer in all offices are exempted from the provisions of this section."  (Posted 10/2/08.)

Q. Should employers remind candidates of upcoming deadlines?
A. The Part V Timing Guidelines and Interpretations intentionally contain no language related to this question. Any follow-up communication with law student candidates holding offers to remind them of deadlines is entirely at the discretion of the employer. Some employers are sending a reminder letter or e-mail on or before the date of expiration; others are not. (Posted 10/16/08.)

Q. How should employers respond to requests for extensions from students actively pursuing a public interest or government job search?
A. The Principles & Standards Part V.B.2 and Part V.C.2 state that "Students (seeking either a full-time or summer position respectively) may request that an employer extend the deadline to accept the employer's offer until as late as April 1 if the student is actively pursuing positions with public interest or government organizations. Students may hold open only one offer in such circumstances. Employers are encouraged to grant such requests."

Including these provisions in the guidelines themselves is intended to encourage employers to cooperate with such requests, and anticipates that law student candidates and employers will work together to make arrangements to suit an individual public interest job seeker's circumstances on balance with an individual employer's recruitment needs. Interpretation 6 and an article in the November NALP Bulletin both offer more helpful detailed guidance in dealing with these requests. (Posted 11/6/08.)