Law School Discussion

Law Students => Job Search => Topic started by: 1LMan on October 07, 2007, 01:22:58 PM

Title: Accepting an Offer
Post by: 1LMan on October 07, 2007, 01:22:58 PM
What is the procedure for formally accepting an offer with a firm?  E-mail to the partner that made the offer?  Telephone call followed by an e-mail?  I figured a phone call would be more personal, but wasn't sure if something should be in writing.
Title: Re: Accepting an Offer
Post by: tartan_terp on October 07, 2007, 01:55:57 PM
First, congrats on the offer! 

Second, the general protocol is to call the hiring manager (or the partner that notified you of your offer) and formally accept.  If you do not get in direct touch with the hiring manager (i.e. get their voicemail), leave a message regarding the offer and call the HR manager to confirm your acceptance. 

Regardless of what method above you end up using, follow-up with an email to the hiring manager confirming your acceptance and CC: the HR manager.  That is just professional edicate.

Congrats again!
Title: Re: Accepting an Offer
Post by: rutherford on October 07, 2007, 03:32:07 PM
I indicated my intent during a phone conversation with the person in charge of the Summer Program.  I followed it up with an email.  I think a phone call is required. You're arguably accepting an offer for employment upon graduation too, so it wouldn't hurt to actually talk with those you'll be working with.

Congrats
Title: Re: Accepting an Offer
Post by: csloan999 on October 07, 2007, 04:54:11 PM
It's not about "edicate [sic]"--you have to accept in writing somehow (remember Contracts?).  They want a firm (no pun intended) acceptance.  This is also why they send you the offers in writing, in addition to over the phone.  You're entering an employment contract here.

So in other words, you accept in the same way that they make the offer: by calling and letting them know you accept, then mailing an acceptance (probably more formal by snail mail, not email).
Title: Re: Accepting an Offer
Post by: wardwilliams on October 07, 2007, 07:16:57 PM
My offer was by email so that is how I accepted it.
Title: Re: Accepting an Offer
Post by: amoebalaw on October 08, 2007, 05:33:11 PM
Just give 'em a call. This is the easiest part of the process.

I called recruiting to accept, had a brief chat with the person who picked up the phone, and 15 minutes later I had an email from the head of recruiting to confirm that I was all set and they would send me more info later.

Easy as that.
Title: Re: Accepting an Offer
Post by: Blunderbuss on October 08, 2007, 09:07:41 PM
somebody needs to learn contract law. 
Title: Re: Accepting an Offer
Post by: amoebalaw on October 10, 2007, 05:55:29 AM
I did have to BS my way through my contracts exam. :)

Title: Re: Accepting an Offer
Post by: oscarsonthepond on October 10, 2007, 08:35:19 PM
you have to accept in writing somehow (remember Contracts?).

Writing is not required in this case.  The contract won't take more than a year to perform.  Of course accepting in the same way you received the offer is acceptable (section 65), but so is any reasonable method (section 30), unless of course they specify a particular method (section 60).
Title: Re: Accepting an Offer
Post by: thorc954 on October 10, 2007, 09:15:53 PM
Question: anyone been to a reception after they accepted.  I have one with a dinner and cocktail party thing.  Any general advice on what to expect would be appreciated.  I know the basics (dont get drunk, dont order the most expensive thing, dont hug the partner, etc.) but as far as what actually goes on at these things, I am kind of clueless. Ive done plenty of cocktail receptions, but no dinners especially none when I already had accepted and didnt need to know anything about the firm.  There will be unaccepted people there, which I am assuming is a big part of the reason behind it, I just dont know my role.

What is my role/goal (besides not messing up) in this thing?

thanks
Title: Re: Accepting an Offer
Post by: csloan999 on October 10, 2007, 09:26:32 PM
Writing is not required in this case.  The contract won't take more than a year to perform.  Of course accepting in the same way you received the offer is acceptable (section 65), but so is any reasonable method (section 30), unless of course they specify a particular method (section 60).

See, this is the problem with some people--you're probably a good STUDENT who's able to state the law verbatim, but you need to take off your 1L cap and think practically if you're ever going to succeed as a LAWYER.  A lot of people are never able to make that transition and end up sucking in the real world (or they become lifetime academics).

You need to think BEYOND the MINIMUM requirements and look at the big picture.  Yes, technically, a law firm COULD slide by with an oral acceptance and some argument in court if it came down to it.  BUT, do you think a firm, with vast legal knowledge of the consequences, would really want to leave the door open to any question of whether you accepted?  Of course not -- this is precisely what separates GOOD lawyers from TTT lawyers.  A TTT lawyer would tell you that allowing oral acceptants is fine (as you've done here), but a GOOD lawyer would tell you to make sure the motherf'er puts it in ironclad, unambiguous writing.  So as far as I'm concerned, yes, you MUST put your acceptance in writing of some type no matter what the law says--and if the law firm doesn't require it, then they're TTT and you should work somewhere else.  And PS: email DOES count as a "writing"--I did not say it had to be mailed.
Title: Re: Accepting an Offer
Post by: GA-fan on October 11, 2007, 04:40:44 AM
Are you ACTUALLY concerned that a law firm would deny you ever accepted by phone? What kind of gunner/conspiracy theorist are you?
Accepting by phone is fine, if that's how the offer was extended to you. If you want to follow up with something in writing, so be it, but don't feel obligated to. For 1L (when I didn't know what I was doing) I asked the hiring partner if there was any paperwork/contract I needed to sign after I accepted with him on the phone. He said no, and basically said it's on your honor. You and the firms have way too much to lose by either of you not following through with the summer.

That said, 3L permanent jobs may require different protocol.
Title: Re: Accepting an Offer
Post by: 1LMan on October 11, 2007, 04:42:19 AM
I agree with the above poster that oral may be "sufficient," but it is definitely not recommended. Even NALP flat out says to make sure you accept your offer IN WRITING.  

Also, whoever is talking about UCC - Why? This isn't a contract for goods, it is for your service as an employee and will therefore likely fall under the common law.
Title: Re: Accepting an Offer
Post by: thorc954 on October 11, 2007, 06:46:33 AM
ahh!!! too much contract talk... i hate the UCC and the common law.

I think that we should all just agree that it is better to accept in writing through email or otherwise.  My impression is that email is the way to go, because you are more likely to get confirmation back that they received your acceptance if you email the thing in.
Title: Re: Accepting an Offer
Post by: GA-fan on October 11, 2007, 09:56:08 AM
By the way, the UCC only applies to products, not services or employment contracts, if we want to get nitpicky about it.
Title: Re: Accepting an Offer
Post by: 1LMan on October 11, 2007, 10:01:30 AM
By the way, the UCC only applies to products, not services or employment contracts, if we want to get nitpicky about it.

Do I hear an echo in here?  Read above.....
Title: Re: Accepting an Offer
Post by: jacy85 on October 11, 2007, 03:31:55 PM
If the firm does not follow up a verbal or email offer w/ an offer letter which you can sign and photocopy before sending back, you should request one.

Bottom line: Regardless of how your initial offer is extended, it's always safest to ask for something in writing, IMO.
Title: Re: Accepting an Offer
Post by: yykm on October 11, 2007, 05:02:24 PM
If the firm does not follow up a verbal or email offer w/ an offer letter which you can sign and photocopy before sending back, you should request one.

Bottom line: Regardless of how your initial offer is extended, it's always safest to ask for something in writing, IMO.
An offer via email is writing.  I agree you should request something in writing (even via email) if the offer only came orally.
Title: Re: Accepting an Offer
Post by: oscarsonthepond on October 15, 2007, 10:52:36 PM
Writing is not required in this case.  The contract won't take more than a year to perform.  Of course accepting in the same way you received the offer is acceptable (section 65), but so is any reasonable method (section 30), unless of course they specify a particular method (section 60).

See, this is the problem with some people--you're probably a good STUDENT who's able to state the law verbatim, but you need to take off your 1L cap and think practically if you're ever going to succeed as a LAWYER.

My statement was in response to your initial post:

you have to accept in writing somehow (remember Contracts?).

My statement had nothing whatsoever to do with giving a law firm advice about what type of acceptance it should accept from its offerees in light of potential litigation in case the offeree claims they didn't accept (which seems to be what your response is directed at).  Instead, my post was aimed at correcting your incorrect statement that contract law would require a written acceptance.


Also, the sections I was referring to were from the restatement (2d) of contracts, not the UCC.