Prestigious Law Firm's Harvard-Only Hiring Policy: Ethical?

The concept of a law firm exclusively hiring graduates from Harvard Law School is a premise explored in the TV show Suits. While this may seem like an elitist approach to hiring, it is not entirely unrealistic. In reality, some firms have a preference for hiring from Ivy League schools, with a select few hiring exclusively from a small group of top schools, including Harvard. However, it is important to note that firms that solely hire from Harvard or other elite universities may be perceived as elitist by students, clients, and attorneys.

Is it legal for a law firm to hire only Harvard graduates?

The premise of the television programme Suits revolves around a New York law firm that only hires Harvard Law School graduates. While this narrative device makes for compelling television, it is not an accurate reflection of hiring practices in the legal profession.

In reality, it is highly unlikely that a law firm would hire only Harvard graduates. While some elite firms may favour graduates from prestigious universities, they tend to hire from a small set of elite schools rather than a single institution. This is because huge and prestigious firms want the "best of the best", which means recruiting from multiple top universities.

Furthermore, deliberately hiring from one school could be deemed illegal under US federal and state law, as it could be considered indirect discrimination on the basis of race, sex, religion, national origin, etc. However, there are safe havens for discrimination for necessity, such as following other laws or regulations. For example, most law firms have a non-demographically representative selection of lawyers because they must hire attorneys who have been admitted to the local state bar, and this pool tends to be less racially diverse than the general population.

Some smaller firms may hire from a single university, but this is not common practice for large, prestigious firms. One small law firm has stated that it does not hire graduates from Ivy League schools because they tend to come from privileged backgrounds and may lack the grit and determination of graduates from less elite universities. This firm prioritises candidates with amazing grit, determination, and talent who can be moulded into "street fighters" capable of achieving the best possible results.

Is it common for law firms to hire from a single school?

The premise of the television programme Suits revolves around a New York law firm that exclusively hires graduates of Harvard Law School. While this narrative device may be a creative choice for a TV show, it is not reflective of real-world hiring practices. In fact, it is deemed "totally unrealistic" for law firms to hire from a single school.

Some smaller, boutique law firms may hire from a single school, but large, prestigious firms tend to recruit from a variety of elite schools. For example, Wachtell Lipton Rosen & Katz, a highly selective firm, hires from the top seven schools in the country, including Yale, Stanford, Harvard, Chicago, Columbia, NYU, and Penn. Similarly, Adam Leitman Bailey, a real estate law firm, does not hire graduates from Ivy League schools. Instead, they seek out ambitious, hungry candidates from second, third, or fourth-tier law schools, who often come from middle or lower-class backgrounds.

Law firms that exclusively hire from a single school, such as Harvard, may be perceived as elite, but this perception is increasingly being challenged. Some view these firms as elitist rather than elite, and there is a growing sentiment that merit, not pedigree, should be the primary consideration in hiring. This shift in perspective is reflected in the practices of firms like Adam Leitman Bailey, which prioritizes grit, determination, and talent over educational aristocracy.

While it is not common for law firms to hire from a single school, it is important to note that discrimination in hiring practices, under US federal and state law, is only illegal if based on specific protected characteristics, such as race, sex, religion, or national origin. Therefore, a law firm could legally choose to hire only from a single school, as long as it does not engage in discrimination based on protected characteristics.

Are there law firms that consider themselves elite for hiring only from Harvard?

The premise of the television programme Suits revolves around a New York law firm that is so elitist that it only hires Harvard Law School graduates, rejecting all other applicants. While this narrative device may be legal on television, it is unlikely to be a common practice in reality.

In reality, there are a few firms that consider themselves elite for only hiring from Harvard or Yale. However, many people consider these firms elitist rather than elite. For example, Wachtell Lipton Rosen & Katz, a highly selective firm, hires from the top seven schools in the country, including Harvard. Additionally, some small boutique shops may hire only from Harvard, but it is not common for large firms to do so.

Some law firms deliberately choose not to hire graduates from Ivy League schools, including Harvard. For instance, Adam Leitman Bailey, P.C., a New York real estate law firm, believes that graduates from second, third, or fourth-tier law schools are more ambitious and hungry to excel in their professions. They also believe that these graduates tend to come from middle or lower-class backgrounds, which aligns with their firm's values.

While it is not common for law firms to hire exclusively from Harvard, some firms may prefer graduates from a small set of elite schools, including Harvard. However, most firms prioritize qualifications and consider graduates from a diverse range of law schools.

Are there law firms that do not hire from Harvard or other Ivy League schools?

While it is not illegal for a law firm to hire only Harvard graduates, it is uncommon for a law firm to hire exclusively from Harvard or other Ivy League schools. In fact, some law firms, such as Adam Leitman Bailey, P.C., explicitly do not hire graduates from Ivy League schools. Instead, they seek out ambitious and hungry graduates from second, third, or fourth-tier law schools, who often come from middle or lower-class backgrounds. They believe that these graduates are more motivated to succeed and financially rewarding opportunities.

Large and prestigious law firms tend to prefer hiring graduates from top-ranked law schools, including those in the Ivy League. This is often done to impress potential corporate clients and to distinguish themselves from their competitors. Additionally, alumni from elite law schools may have personal connections with influential business executives, which can help expand the firm's client list. However, it is not a hard and fast rule that only Ivy League graduates are hired by these firms.

For example, Tina Willis, an Orlando-based personal injury attorney, secured job interviews and offers from big law firms despite not having attended an Ivy League school. She attributed her success to her stellar grades, emphasizing that law students from non-Ivy League schools can increase their chances by prioritizing excellent grades and participating in law reviews. Thomas J. Simeone, a managing partner at a personal injury law firm, also notes that talented attorneys from lower-ranked law schools can be hired by big law firms if they have impressive grades or legal work experience.

While it is legal for a law firm to hire exclusively from Harvard or other Ivy League schools, it is not a common practice. Most firms seek to attract the best candidates based on merit, and recognize that impressive credentials can come from a variety of law schools, not just those in the Ivy League.

Is Harvard Law School graduation a bona fide occupational qualification?

In the United States, a bona fide occupational qualification (BFOQ) is an exception to the rule that discrimination based on protected characteristics is illegal. Bona fide occupational qualifications are qualities or attributes that employers are allowed to consider when making decisions on the hiring and retention of employees—qualities that, when considered in other contexts, would constitute discrimination in violation of civil rights employment law. BFOQs are typically invoked when an employer has been accused of employment discrimination, and they can be used as a defence by the employer.

In the context of Harvard Law School graduation being a potential BFOQ, it is important to note that BFOQs are generally only applied in instances where the qualification is considered reasonably necessary to the normal operation of a particular business. For example, a Catholic college may lawfully require positions such as president, chaplain, and teaching faculty to be Catholics, but membership in the Catholic Church would generally not be considered a BFOQ for occupations such as secretarial and janitorial positions.

In the case of a law firm considering Harvard Law School graduation as a BFOQ, it could be argued that this qualification is not reasonably necessary for the normal operation of the business. While a Harvard Law School graduate may have certain advantages in terms of their education and networking opportunities, it does not necessarily follow that they are the only individuals capable of performing the job. In fact, some law firms may specifically seek out graduates from a diverse range of law schools to bring fresh perspectives and experiences to their practice.

Additionally, it is worth noting that race can never be a BFOQ, and the demographics of Harvard Law School graduates compared to the general population may raise concerns about indirect racial discrimination. However, this would need to be carefully evaluated as it is not as straightforward as comparing the demographics of Harvard Law School graduates to the general population, but rather the specific pool of lawyers or law school graduates from which the firm is hiring.

In conclusion, while Harvard Law School graduation may be considered a desirable quality by some law firms, it is unlikely to meet the strict criteria of a bona fide occupational qualification. Other factors, such as an individual's work experience, references, and specific skills, are more likely to be considered BFOQs in the legal profession.

Frequently asked questions