Q:  I am 58 years old and have practiced real estate law for much of the last twenty years.  I recently saw several positions posted online that sought a “commercial real estate attorney with 2-5 years of experience.”  One of the positions required expertise in conduit loans, an area in which I am very familiar.  It is clear to me that my applications are generally being ignored at least in part because of my age.  It’s not a matter of money as I am not seeking the salary earned even by a senior associate.  What can I do to change this situation?

James from New York

A: Dear James

A two-pronged approach can be useful to reduce the chances that your age will be a factor in evaluating your application.  The first approach is based on the premise that most employers do not intentionally discriminate on the basis of age, but are more likely to discriminate if they are given information that makes it easier for them to do so.  The second approach seeks to find positions where your additional experience is most likely to be perceived as an asset. 

The key to the first approach is to present information that is most relevant to the position you are seeking and omit the rest.  Too often, attorneys of all ages use a resume as a mini-biography, in which they attempt to summarize their entire career in a page or two.  But a resume is most effective when it is a future-oriented proposal, and not an historical summary.  James, in the case of the conduit financing position, identify the experiences that most directly relate to this area of real estate law.  How do you do this?  Use a heading on your resume that makes clear you are listing your “Relevant Experience.”  In addition, describe what you have accomplished in terms of the benefits you have provided rather than the emphasizing the experience you have.  For example, you might indicate that you have handled conduit financing deals that are worth in excess of $500 million (or whatever an appropriate amount would be).  You could also indicate that you have more than 5 or 10 years of experience in a given area, rather than indicating you have more than 20 years of experience.  Likewise, you should also consider listing the experience you have had in the last 10 years or so, and omit prior work experience from the resume.  You would also not be the first attorney to list where they went to school without identifying the year in which they graduated.  To be clear, I am not suggesting that you omit such information if you are specifically asked about it either on an application form or during an interview.  You should of course answer such questions truthfully. 

The second approach takes a different tack.  Rather than trying to shape your resume to hide the amount of experience you do have, affirmatively seek out positions where your experience is most likely to benefit an organization.  Many if not most advertised positions seek attorneys with less than five years of experience.  And for good reason.  Most companies are especially keen to fill senior positions through a trusted source.   You should therefore contact potential employers regardless of whether they are advertising an opening.  It might also be helpful to discuss your situation with a recruiter, recognizing that recruiters fill a very small percentage of positions.  You should, however, primarily rely on getting in touch with employers directly and through your network of contacts. 

Moreover, you will increase your success rate if you meet potential employers in a context that does immediately suggest that you are looking for a job.  For example, identify the people who would be in a position to hire you--attorneys and non-attorneys--and identify where you can meet them.  Trade association meetings or industry groups can be a good place.  Moreover, when you do contact potential employers in writing, consider using a one-page biography rather than a resume; the resume instantly makes people think that you are looking for a job.  The biography makes it more likely that people will view you as a potential resource—a source to solve some of their problems. 

This second approach also has a greater potential to land a job that pays better.  One of the ironies of the job market is that employers tend to devalue more senior attorneys who seem willing to take a significant pay cut.  Some employers conclude that more senior applicants can’t be very good attorneys if they are seeking to fill a mid-level associate’s position.  Thus, James, you may have better luck securing a higher paying position commensurate with your experience.

James, no one approach that is guaranteed to help you find the job you want.  But if you use both approaches listed above, your chances of success may improve.

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