-Hot Labor Market Greets 1999 Grads
-Career Profile: Law Clerk
|
Helpful Job Links
by Dr. Philip Gardner Black Collegian Magazine
College seniors who expect to graduate during the 1998-99 academic year will be greeted by a robust job market, one that has been very active since the spring of 1997. Employers have high expectations for this year's graduates especially if they come prepared to meet the demands of the workplace. To enjoy the bounty of the labor market, graduates need to present themselves to employers as the "total package." Seniors must initiate their post-graduation planning now as spring may bring a slow-down in economic activity, which could well dampen hiring intentions.
The annual Recruiting Trends Survey 1998-99 of Businesses, Industries, and Government Agencies highlights the labor market outlook and hiring intentions of approximately 330 companies nationwide. This report, conducted by Career Services of Michigan State University, provides information collected in the early fall, just as the recruiting season begins. In addition to their hiring goals, the human resource managers or company representatives also responded to questions on the pre-graduation academic and co-curricular activities that best shape college students so they can find success early in their career.
Labor Market Outlook
Survey respondents offered their general impression on the overall outlook for the college labor market this year. They felt the current conditions were very favorable. Approximately 75% rated the market as "very good" to "excellent." Industrial sectors with high positive ratings about hiring opportunities included construction, retail, business services, transportation, communication, and utilities.
When addressing their specific industrial sector, 69% believed their labor markets would be very active. Different industrial sectors shared differing opinions, however. Construction (commercial and residential) and services, which cater to individuals, business, and government, such as business consulting, education, engineering, and professional services, were the most optimistic. Retail, those companies selling merchandise for household consumption, also felt that labor market conditions were very good. Manufacturing companies were less optimistic, rating their sector as "good" to "very good." Finally, financial services reported a slower labor market in the investment area but strength in real estate.
Uncertainty faced several sectors of the economy. Utilities are dealing with deregulation of their practices, making the industry much more competitive and reducing the demand for labor.
Transportation companies have been impacted by the worldwide slowdown, especially in the airlines. For some in this sector, the lack of funding from the federal government has not been offset by state governments, even though funding at this level has increased. Thrown in this mix are communication companies who appear to be ready to hire more graduates while several major companies are merging or restructuring.
Across the country, the outlook varies. Nearly 40% of the respondents recruited college graduates nationwide; others focused their activities in selected regions of the country. Asked to rate how they perceived the labor market in these regions where they recruited, a consistent picture emerged. The north-central states supported the strongest labor markets across all sectors of the economy: 72% believed the labor market was "very good" to "excellent."
Other regions with strong labor markets included the northeast – mid-Atlantic states (64% "very good" to "excellent") and the southeast (62% "very good" to "excellent"). The south-central states were slightly below these levels because of a weakening petroleum situation. Some caution was reserved for the labor markets in the western states that were viewed as less robust, particularly in manufacturing and retail.
Dark Clouds Ahead
In addition to their general impressions, respondents were asked to elaborate on the factors that were framing their hiring decisions. By grouping factors in similar categories, a set of positive and negative influencers emerged that provides structure for the figures offered in the previous section.
Positive factors influencing job opportunities. The growth and expansion (economic performance) of their individual companies provided solid support for their hiring outlook. Mergers and restructuring have allowed companies to become more competitive which has allowed markets for products and services to expand. Advanced technology and faster product development processes have resulted in new products reaching markets sooner, as well as the upgrading of current products. Continuous improvement of service to customers and clients has increased sales and service contracts. To handle the increase in business, more entry-level workers are being added. Behind individual company performance, a strong national economy, led by housing and construction starts, improved auto sales, telecommunication advancements, and retail transactions, has sustained the national labor market. Low interest rates, a volatile, yet optimistic, stock market, and available venture capital have served as stimulants to buoy consumer confidence and expanded business activities.
The final positive factor has been the competitive labor market itself. A rising increase in retirements, combined with high turnover, has left many companies with available positions. Compounding the market's competitiveness is a shift in the skill requirements needed for many of these positions; many employers are having difficulty in finding candidates that possess "the total package" of skills required.
Negative factors influencing job opportunities. What makes for positive factors also can cause job opportunities to disappear. Increased competition has or could negatively impact sales and services which reduces the need for labor. However, the biggest culprit is the continuing practice of downsizing or restructuring, plus the high level of mergers this year. This activity has resulted in layoffs and hiring freezes throughout the economy.
Asian economic conditions are dampening the prospects of many companies, particularly in the western United States. A prolonged slump in this region's economies will cause U.S. manufacturers and suppliers to constrict their output, resulting in lower projected hiring needs. Combine Asian woes with troubles in Brazil and Russia, the global economic picture remains precarious.
The competitive labor market has led to changes in recruiting strategies which now try to have seniors commit early to a contract. A more problematic strategy is simply to scale back hiring needs. Faced with a limited supply of qualified applicants, employers feel it may be more judicious to hire fewer, yet well qualified, college graduates than fill their positions with individuals who do not come with the "total package."
An ominous cloud hanging over the current labor market is the perception among many of these respondents that the economy will slow down in the spring. While selected economic indicators may point in different directions, overall the economy continues to perform well, although it has slowed in recent months. These premonitions are based on the fact that the business cycle has not vanished. After 93 consecutive months of growth, many observers anticipate that the economy must slow and enter a recessionary phase. Fortunately, solid performance across most economic sectors during the third quarter of 1998 has held these clouds on the distant horizon.
Hiring Intentions
College seniors should anticipate another robust year of hiring activity. In the spring of 1997, entry-level hiring activity accelerated. The 1997-98 Recruiting Trends report captured a significant upward shift in hiring intentions. Companies responding to this year's survey expect to continue hiring at the same level as last year which will show about 27 percent more new college graduates being needed to fill available positions in the surveyed organizations: 50% will actually increase their hiring and 23% will remain at the same level. Only 27% of the responding companies expect to decrease hiring at the bachelor's level.
Technically trained graduates, especially engineering and computer science, will lead the hiring parade. The best news, however, is that this labor market is for everyone. Employers are looking for all types of students; but these students must be able to demonstrate computer/technical literacy as required by the position.
Based on characteristics that describe a company (size, economic sector, and academic majors sought), comparisons revealed that not all companies held the same hiring intentions. According to size, the largest firms (more than 20,000 employees) were cutting their hiring by 6% at the bachelor's level; however, these losses were offset by medium-sized companies (2,200 to 20,000 employees) who were hiring between 10% and 20% more bachelor's graduates. The smallest employers (under 400 employees) reported large variations in hiring; their general trend is down.
The manufacturing sector plans to slow down its hiring, reflecting the general contraction of this sector during the year. However, hiring increases in services and retail offset manufacturing. Intentions in other sectors vary. Construction will increase their hires, while finance will decrease their number, especially among investment service companies. Companies in the transportation sector plan to cut hiring levels, but plans vary by type of company. Utilities and transportation are down, as a result of deregulation and reductions in business travel (though tourist travel remains positive). Communication firms, in spite of some large mergers, expect to hire more entry-level college majors.
Because of the reduction in hiring by large manufacturing firms, the reported level of hiring for engineers and computer science graduates is down by 2% to 5%. Students in these majors do not need to worry as the demand for their skills far outweigh the supply. This slight adjustment in hiring level reflects more reasonable expectations by companies on what is available. When we examined the core group of respondents, the demand for engineers and computer science remains steady.
All other majors will do well. Business majors are in slightly higher demand. However, MBAs may need to adjust their target companies. Financial companies are indicating they will reduce MBA hires this year; however, business services, primarily consulting, plan to hire more MBAs. Liberal arts and communication graduates should see hiring intentions remain at the same level.
Starting Salary Expectations
For the second year, college graduates will see nice increases in starting salaries. Salary ranges are expected to shift up 3% to 5%. Employers did indicate that in certain markets, higher increases would have to be offered to attract qualified candidates.
The estimated bachelor's starting salary range is between $33,900 to $37,200. However, these figures are strongly influenced by technical majors.
The Total Package
What do employers want to see in a college candidate that is seeking employment with their companies? We have asked this question in many different ways over the past several years, and the answers seldom vary. Employers, today, are not simply content with listing requirements. They want to see a candidate that possesses all the necessary skills and competencies to be successful in their work environments.
Frequently, you hear employers refer to "the total package." What comprises this package:
The package must also come wrapped; bound with problem-solving capabilities (identify problems and develop solutions by integrating information from a variety of sources), common sense, and the willingness to learn quickly and continually.
Building the Package
All the skills and competencies that go into the package are not gained by attending classes. Employers expect students to engage in a variety of co-curricular activities to gain the experiences necessary to make the successful transition into the workplace. Employers have a preference on what they expect students to engage.
Topping the list is practical work experience gained through co-op, internships, and summer employment that has career focus. Those experiences introduce students to the practicalities of the workplace and tests their learning against real problems. Some companies have limited their hiring to those students who have participated in co-op or internships.
Employers are exploring with candidates their involvement in student organizations, community service, and other activities. They probe by asking: How have leadership skills been developed? Have individuals worked in diverse settings with diverse individuals? How have students contributed to their communities in meaningful ways? For many companies, especially small firms and very large organizations, community and civil involvement beyond the workplace is important to their companies' bottom line and public image. Students who have participated or volunteered in these types of activities are more likely to have the positive attributes that employers seek.
Employers are sending mixed signals on the value of overseas study. Some employers, particularly those with international connections, favor students who have lived in other cultures. For many employers, overseas study contributes little to the entry-level position. In the longer term, employers, however, recognize that overseas experience strengthens an employee by allowing for promotion or acceptance of assignments that involve an international perspective.
Winning in this Labor Market
While the labor market looks rosy, seniors cannot become complacent. They need to develop their job search strategy now. Prepare a resume. Identify a network of contacts. Target key employers that they are interested in. On-campus interviewing started in September with a flourish, but may be tapering off slightly. Seniors need to begin interviewing in January to obtain the positive results they desire.
Some students prefer to wait until spring. There is no guarantee this labor market will remain as robust as it currently is. The storm clouds on the horizon may move in. Students need to anticipate this movement and take action now.
Dr. Philip Gardner is the director of Research for The Collegiate Employment Research Institute at Michigan State University. His research focuses on the transition from college to work, workplace readiness of college students and career development. He is the author of the annual Recruiting Trends Report published by Michigan State University.
Complete the Employment Application Today! Good Luck!
Every year, the nine Justices of the United States Supreme Court, like other federal and state judges across the country, hire talented law school graduates to serve as law clerks. The clerks help the Justices review certiorari applications and assist them in researching and writing their judicial opinions.
A judicial clerkship is not a job in which you type and file for a judge. A judicial clerk (or a "law clerk" or "clerk" as they are often called) is a legal assistant to the judge. Judges have placed increasing reliance on law clerks in recent years. Although this trend has been harshly criticized by some judges, it is fair to say that law clerks have great responsibility, and great opportunity for learning.
A judicial clerkship for a federal or state judge allows a recent graduate to view the system of justice from the judicial point of view at the beginning of his or her career. Unless you become a judge, you will never again have the opportunity to gain this perspective on how judges make decisions, and on how judges respond to different methods of advocacy. Nor will you ever again be in as good a position to make a mark on the law, through influence on the judge and his or her decisions. Clerkships also provide a chance for "the law" (in the form of an experienced and insightful judge) to make an impact on you. You will learn procedural and substantive law, and you will do so in the course of developing a close working relationship with a distinguished member of the legal profession—one who may well serve as your mentor for years to come.
The duties of clerk vary considerably with the type of court and with the way the judge chooses to utilize his or her clerks' services. What follows is a brief description of the typical duties of law clerks in trial and appellate courts. Most of the descriptive information is drawn from the federal courts. State courts may differ in their procedures, but the basic duties of trial and appellate clerks are the same in all courts.
Types of Clerkships
A typical set of duties for a clerk to an appellate judge include the following: The clerk reads the briefs in a case scheduled for argument, and prepares a memorandum (a "bench memo") for the judge discussing the legal issues in the case, suggesting questions to be asked during oral argument, and recommending a disposition. The bench memo routinely includes independent research. The clerk may be encouraged to discuss the case with the law clerks of the other judges on the "panel" that will consider the case, and/or with his or her "coclerks." The clerk discusses the case with the judge and (in many cases) attends oral argument. After oral argument, the clerk may be asked to discuss the case again with the judge before a final decision is made. If the judge is assigned to write the opinion, the clerk will frequently write a first draft, which the judge will revise and edit. In some chambers, it is the judge who writes the first draft, and the clerk is asked to comment, edit, and provide additional research. In some cases, the clerk is expected to consult with clerks in the chambers of the other judges on the panel, to make sure that those judges' concerns are reflected in the opinion draft. If the clerk's judge is not writing an opinion on the case, the clerk will be expected to read the proposed opinion from another judge's chambers when it circulates to the panel. The clerk then will offer advice on whether the clerk's judge should join in the opinion, offer suggestions for change, or write a draft of a separate concurring or dissenting opinion.
Most federal courts of appeals have clerks who do not work for one judge in particular, but work on motion matters for all the judges. Such positions are usually not as well known as regular clerkships and often do not get as many applicants (in part because the position is not as prestigious). Contact the Chief Judge of the Court for information on these clerkships.
The hallmark of the district court clerkship is diversity. District court clerks do almost all of the things appellate court clerks do—and also have a number of other unique tasks.
Many cases in the federal courts are decided by dispositive motions that are briefed and argued in much the same manner as are appellate cases. A district court clerk assigned a case with a pending dispositive motion is, in essence, performing the role of an appellate court clerk. Not all of these motions raise novel legal issues: but remember that every novel issue of law that reaches an appellate court was decided by a district court judge first. District court judges also function as appellate judges at times. Some district court judges "sit by designation" on courts of appeals, participating in cases as a member of an appellate panel. District court judges also serve an appellate role on occasion by reviewing findings by bankruptcy court judges and by federal magistrates.
Clerks are heavily involved in the discovery process. They will often play the leading role in resolving discovery-related motions, and will also play a role in recommending (and sometimes participating in) pre-trial conferences. Much of the discovery stage of the case turns on practical wisdom rather than book knowledge; clerks learn much by watching the process at work.
Many cases settle before trial, and in-chambers settlement conferences are an important part of that process. Law clerks are asked to prepare their judges for these conferences (often by reviewing the long history of multi-year cases, sometimes by researching issues likely to arise at later stages of the case); clerks often attend the conferences as well.
In cases that reach trial, the clerk will generally attend the trial and all related hearings. If there is a jury, the clerk may be involved in the preparation of jury voir dire and jury instructions. In civil bench trials, the clerk will often draft findings of fact and conclusions of law. The clerk may well be asked to participate in sidebar conferences on disputed evidentiary issues. In criminal cases, clerks are likely to be involved in the evaluation of sentencing recommendations under the Federal Sentencing Guidelines.
Finally, there are federal trial courts that are not "federal district courts." For example, clerkships are available in magistrates' courts and bankruptcy courts. These clerkships provide valuable experience, and are generally easier to obtain than district court clerkships.
Federal magistrates serve under the supervision of federal district court judges, and perform a wide array of judicial tasks. Magistrates are often involved in criminal cases (performing arraignments, reviewing requested warrants, etc., reviewing habeas corpus petitions). District court judges delegate to magistrates significant responsibilities in civil cases as well. Magistrates are often asked to attempt to settle cases. They are often given the responsibility for managing the pre-trial stage of complex civil cases. Magistrates often write opinions (called "reports and recommendations") resolving dispositive motions. In addition, parties often elect to have magistrates hold trials. Thus, law clerks to magistrates perform many of the same tasks as do district court clerks.
Bankruptcy courts have jurisdiction over some of the most complex and economically significant litigation in the United States. Their clerks are exposed not only to bankruptcy law and procedure, but also to all of the other areas of law embodied in claims against the bankrupt's estate. Students interested in bankruptcy court clerkships should peruse a volume of West's Bankruptcy Reporter to get a sense of the wide range of legal experience a bankruptcy court clerk can obtain.
Supreme Court justices hire both appellate and district court clerks (although the former is more common than the latter). Over a period of years, certain judges develop the reputation as "feeders," sending a disproportionately high number of their former clerks to the Supreme Court. Recent changes on the Supreme Court make it difficult to predict who will be part of the new generation of "feeders." Planning ahead for an attempt to obtain a Supreme Court clerkship by limiting second-year applications to "feeder" judges is a high-risk strategy; anyone thinking of following this strategy should speak with the Faculty Clerkship Advisor and/or with other members of the law school faculty before doing so.
The Life of a Law Clerk
In any clerkship, the clerk often serves as an aid, gofer, and friend. The clerk may be asked to perform personal favors, such as driving the judge around town or running errands. In other words, clerks have all of the advantages, and some of the disadvantages, of an intimate working relationship. The advantages generally outweigh the disadvantages, however. Clerks become involved in the judge's extra-judicial professional life: they may well assist in the writing of articles, book reviews, or books. The clerk will frequently be included in the judge's professional social life. In some cases, the clerks are considered part of the family and spend a great deal of time with the judge outside of work hours. The clerk relationship may endure beyond the years of actual employment. Some judges call upon their previous clerks for advice on everything from selecting new clerks to resolving difficult points of law.
Things You Need To Know Before Applying
As a rule, the more prestigious the clerkship, the more important it is for applicants to have high grade point averages, Law Review membership, and glowing letters of recommendation from professors who know them well. And it is safe to say that on average (although there are many exceptions), federal appellate clerkships (and, of course, clerkships with the United States Supreme Court) are the hardest to get.
For more information about clerkships speak to a member of your Career services Department at your law school.
Source: Office of Career Services, University of Michigan Law School)
| ||||||||||||||||||||||||||||||||||||
