Do Unpaid Legal Positions Breach Employment Laws?

This is a follow up to a previous post where I highlighted the fact that some law firms are offering law graduates unpaid work in exchange for the experience they will get and sometimes with the possibility of it leading to a training contract position.  Read that blog post here:

Unpaid Legal Work Experience Blog Post

Well, it seems that such unpaid work may be in breach of employment law, in particular the laws relating to the minimum wage.  Employment lawyer, Rebecca Fox, at Matthew Arnold & Baldwin solicitors has written a piece on this which is well worth checking out if you are considering taking up an unpaid position anywhere.  Click here to read Rebecca’s advice:

http://www.mablaw.com/2010/03/unsalaried-positions-whats-the-legal-position/

Legal Work Experience – What Not To Do

You may have read in the legal news recently about the Herbert Smith trainee solicitor who was re-instated after appealing against being sacked last year.  The cause of this episode serves as a warning not only to trainees but also to anyone who is planning to undertake legal work experience with a firm.

Roll on Friday reported the HS trainee’s ‘crime’ to be reading her supervising partner’s confidential emails about who was to be taken on by the firm upon qualification.

I would certainly advise against snooping around for confidential information whilst on a work experience placement and I would also advise against the following:

  • Don’t try too hard to impress as its easy to overcompensate and end up coming across as loud and arrogant.
  • You are bound to be given some menial and boring tasks to do – always be enthusiastic and never look unhappy about it.
  • Don’t help with the spreading of harmful gossip around the firm.
  • Don’t act in a way that causes you to become the source of firm gossip.  Socialising with your new colleagues is encouraged but try not to be the one everyone is talking about the day after the night before!
  • Do not misuse the firm’s email system or spend lots of time using the internet/Facebook.

Having said all of this, you should always remember you are more than qualified and capable enough to be undertaking work experience placements.  So throw yourself into them and enjoy them!

Hammonds Vacation Scheme Development

The Lawyer2B recently reported that Hammonds is introducing a client panel to its vacation scheme this summer.

Hammonds have made a habit of being at the forefront of recruiting practices including assessment days and psychometric testing.  Now they are going one further with Apprentice style interviews of their vacation schemers by the firm’s clients.  This is reminiscent of the Apprentice where Lord Sugar calls on various captains of industry to interview and assess the candidates.

Hammonds actively use their vacation schemes as part of their ongoing recruitment process.  Personally, I’m looking forward to the next developments in trainee recruitment where all vacation schemers are called into the managing partner’s office on a Friday afternoon for one of them to receive a dramatic finger point and hear the words “You’re fired!”

Click here to read the full story on Lawyer2B – Hammonds Vacation Schemes

Warning: Don’t Pay For Legal Work Experience!

Following my recent post about law firms getting people to work for them for free, I was made aware of an even more sinister practice that is going on.

It appears that some firms are actually asking individuals to pay to get legal work experience with them.  In one instance, reported on one of the forums recently, a candidate was asked to pay a small high street firm £6000 in return for work experience and some training for 6 months.  They were also told that it would lead to a paid position after the 6 months.

Work experience has traditionally been unpaid work (except for certain formal vacation schemes where the firm might pay you).  I can think of no reason that would ever justify a firm seeking payment from a work experience person.  After all, an unpaid work experience placement is not just for the benefit of the person gaining the experience.  The firm also benefits by getting some additional support at no cost, and also a chance to assess the skills and capabilities of the individual to help them decide whether they might like to formally employ them in the future.

For anyone who encounters this sort of practice, my advice would be to avoid it like the plague.  I would also give the Law Society a call with the name of the firm firstly to see whether they are properly registered and, if so, to alert the Society to this practice.

The good news remains, however, that there are still many firms who would be more than willing to offer you some unpaid legal work experience to help you with your research and decision making and to boost your CV.