Author: Commander Wendeen Eolis

    Out-of-Office Replies May Reveal More Than Intended

    Wendeen H. Eolis, C.E.C. & Chief Executive Officer, EOLIS International Group, with Russell L. Reid, Esq., Senior Member of the Executive Leadership Team

    Over the years, those of us in the business world and legal profession have received more than our fair share of out-of-office replies.  EOLIS International Group, Inc., advises clients regarding these communications because almost every day, at least one of those replies either tickles our funny bone or raises our eyebrows.  Many of these communications that have been shared with us also seem to provide unintended intelligence about the personality and interpersonal skills of the writer.  Recognizing that the general purpose of an out-of-office reply is to convey temporary unavailability, too many of the responses do little to demonstrate considered judgment as to the most appropriate content.

    Any effort to impress the original writer, or to express disrespect, or to dismiss the original communicator’s words is not only unnecessary (most of the time), but can be downright problematical at some future moment.  For the avoidance of doubt, we are talking about out-of-office replies that are directed to people you know, at least in your Outlook contacts or your LinkedIn connections — people with whom you may want to do business some day.

    The central issue unwittingly faced by the writer of an out-of-office reply is choosing language that will work well for everyone who may receive it, which necessarily includes incoming mail from anyone who has gained access to your email address.  It might be a newspaper reporter, a former colleague, a prior boss, or an old-time college chum.  You get the idea.  While you can create templates and use rules for complex scenarios, the built-in auto-reply feature that most people have access to use supports only one configuration at a time when it comes to creating your out-of-office reply.

    Equally unconsidered in the writing of many out-of-office replies is a presumption that when, as, and if the auto-reply writer is available, that they will obtain instantaneous attention at their desired moment.  One might expect that the business world and the legal profession would be far more mindful of the written word than is evident if the choice of words instead sounds silly, non-reflective, rude, or tone-deaf.

    Remember the time that you as a lawyer or leading executive instructed your clients, and your employees, never to write something in a letter that can’t see the light of day?  Enlightened folks have extended that theory to emails that might otherwise be written too precipitously.  EOLIS recommends adhering to the same caveat in the language you use in your out-of-office replies.

    Yesterday, we reviewed more than 100 out-of-office replies, provided by lawyers, law firms, general counsels, corporate law departments, etc. for a trend study on this subject.  A few of our favorites of the day support the notion that discretion is the better part of valor, and that the construct of an out-of-office reply should focus primarily on the narrow issue of when and how the recipient can be reached in a simple and polite manner.  The actual auto-replies, in their entirety as printed below, should serve as fair warning that a refresher on the importance of watching your words is always in order.

    Example 1

    • The writer said: “Hello, given my current workload with several highly active litigations, I will be delayed in reading email. If this is an emergency, please email my assistant directly.” A senior partner at an AmLaw 50 firm. Our light-hearted interpretation:  I am writing to let you know that I am too busy and making too much money to read my email personally at this time.  My far less important assistant is available to take care of my unimportant matters.

    Example 2

    • The writer said:  “Hi.  I want to let you know I am having a medical procedure and expect to be totally out of commission for the next few days, and will be working remotely on a reduced schedule for the next month.  So let me get back to you when I return to the office.”  Chief legal officer at a Fortune 500 company.  Our light-hearted interpretation:  I like giving too much information to anyone and everyone who will listen, and I hope you will send me a get-well card.  Please don’t bother me for the foreseeable future.

    Example 3

    • The writer said:  “Stop!!!”  An independent director at a large bank. Our light-hearted interpretation:  I assume you have nothing important to say ever, and I see no reason to be civil.

    These examples from mail we encountered today are proof certain that even eminence grise partners in law firms and corporate big-wigs might benefit from more careful thought on this seemingly miniscule item on their to-do list before going off the grid.

    We would welcome your sharing out-of-office replies (without attribution) you have received for our continuing study on this subject!

    EOLIS International Group, Inc. — Legal consultants serving the legal profession, business, and public company boardrooms

    Welcome to EOLIS International Group’s Reimagined Blog

    It is not the first time, that EOLIS has taken a stab at rethinking  the central theme for a blog, but it is particularly timely given our tilt-a-whirl world to return to the basics of our business as attorney talent advisors. The EOLIS EIG Blog is committed to offering concrete observations and advice that will provide news you can use!

    And most importantly, it will focus each week focus on a real issue in which our advice is a product of what we have freshly learned from our client base which includes incredibly smart people in law, business, and public service.

    And we also look forward, to making it a newly invigorated fun ride.

    Welcome to Wendeen’s World

    At 80, it is time for me to share a life well lived, and I am nowhere near the finish line! Today my life is about the best assignments I’ve ever had, the most diversified practice, and amazing friends among my clients, many with extracurricular activities, more exciting to them than their day jobs. My days are filled with collaborations with incredibly smart and highly accomplished men and women practicing law or enriching their lives beyond legal practice in C-Suites and boardrooms. My evenings are filled with conversations, salons, lectures, readings, that are interactive and scintillating in their variety. More evenings taking the best New York City has to offer in theater, dance and music. That’s a three night a week obligation as far as I am concerned, and often I give in to my foodie desires to explore new restaurants at every price point in every borough of the great city in which I live. On weekends, I take myself and friends to the country with special pleasure at my house in the Hudson Valley where each summer I spent time on the farm. From there I travel to musical festivals throughout the summer months. I am a forever worshipper of impressionism art and lilac and peonies at home, but life would be incomplete without learning and participating in cultures different from my regular experience. Now that I’m 80, I’ve made one big change in my life: I travel for pleasure than for business, and when I travel for business, I ensure that I enjoy far more of the pleasures of the world around me. So, my friends expect a blog to spark joy as I continue in my search for the perfected Renaissance life.

    Nikki Haley Has Guts

    Nikki Haley arrived for her New York City presentation with open enthusiasm. She brought to the stage the confidence of a consistent winner, the inviting swagger of a knock-out model, and a story of proven strategies that have positioned her as a mover and shaker to watch closely. Even staunch critics are muttering about her chances to become the first woman president in this country!

    In one of the smaller auditoriums in the Streicker Center, Haley was a large presence with a definite game plan to reach this predominantly liberal crowd.  Among President Donald Trump’s Cabinet appointments, Haley, the former Ambassador to the United Nations left her post in a decidedly different way from most other high- level officials who have headed for the hills. She exited the President’s inner orbit unscathed. Here at the Streicker Center, she expressed gratitude for the opportunity to serve as a member of the Trump Cabinet–without all-around boos from the Democratic loyalists.

    While she was in the administration, the President opted to avoid acting irascibly (at least in public). Haley chose her own timetable for departure and made her move on a high note. (Before he became president Haley made no bones about her tepid view of his candidacy. He brushed her off as an incidental player. But once Haley made friends with First Daughter, Ivanka Trump, Daddy Trump took another look and concluded Haley was no bimbo. It seems that Haley also took a harder look at the President at precisely the same time. A month later she was nominated to her Cabinet position and won Senate confirmation smoothly (96-4).

    The former Governor of South Carolina knows how to size up her audience quickly and accurately, in South Carolina and Washington, and she made a sharp judgment call that New York’s Steiker Center was filled with attendees eager to hear what she had to say. Indeed, the crowd allowed ample latitude. Haley sang her former boss’s praises (in the few areas of his presidency that have been least controversial), without a single boo–from the down front VIP seats up to the rafters.

    Nikki Haley may be the most respected non-contender (Republican or Democrat) for the US presidency in 2020. Thus far, President Trump has been helpful, if only by restraining his frequent impulse to diss anyone who abandons him–especially former Cabinet officials–as they take their leave for the door.

    In recent years, Haley has been a supporter of Israel, so it was fitting that Israeli Ambassador Aharoni was her interviewer. He gave her plenty of room to rise or fall on the merit of her words. She gained traction, quickly, by suggesting that great politicians hold common sense in high esteem, and favor doing more homework than appears to be required. She says that being prepared for the unexpected helps her to keep cool when others are getting hot.  Haley freely acknowledges that she has studied the playbooks of highly successful women and men.

    The Ambassador’s presentation appealed to a broad mix of New Yorkers. It resonated with a cross-section of conservatives and independents in addition to the predominantly liberal crowd. She refused to be pushed into harsh political positions, making her case for her initiatives as Governor and thereafter as President of the UN Security Council. Point by point, she brought her understanding of the facts to the table. She often supported her position with empathy for people in the line of fire. And, she focused on one underpinning– an open mind for compelling solutions that make sense.

    A confident executive, Haley has climbed up the totem pole with gambits that tilt skeptics on their collective heads, such as advancing to decision, removal of the Confederate flag while Governor of her home state of South Carolina, and pushing the position that United Nations must talk more and do more on the right side of an argument. Haley’s strong focus on reaching the finish line is her proven strategy to win,” she says. But more than that, her fans insist that she “makes you want to listen, even if you come to the table with an independent or diverging view.

    In watching so many Democratic contenders of late, making their points in the debates to prop up their candidacies, women can be proud that so many women have been prompted to take the plunge. Each one has shown grit and a basic understanding that being prepared is one of the keys to getting respect, but Nikki Haley could teach a lot of lessons about how to apply gutsiness as the basic timber for glory- with a credible mix of moxie and mellifluent tones.

    Her presentation was a stunning example of carefully honed political savvy, if only in the proof; her preparation provoked a long, standing ovation.
    Frankly, she offered a slew of additional arguments for keeping tabs on her continuing steps to sculpt her positions as well as her image. There is little doubt that she is firmly engaged in the trek toward the 2024 election proceedings– no matter which way the 2020 election goes, Haley is paving the way not only for herself but also for the competition.

    When, as, and if the former Ambassador/Governor chooses to step up to the plate, there will likely be a whole new crowd of women ready to make their mark. If Haley’s contribution were solely to set an  example for how  women (and men) can up their game with more guts than bluster and more common sense than bullying tactics, her contribution would be “huge.” It is time to become gender-neutral in presidential politics and to stop presuming in any line of endeavor that assertive women are automatically nuts.

    Helen Mirren Mesmerizes

    Triple crowned actor Helen Mirren has earned an Academy Award, a Tony and an Olivier. And, she dazzles the media as a  stunning fashion icon at the glitziest red carpet events.  But… she shines as an even brighter star in person.

    Shortly after Dame Mirren graced the stage as a presenter at this year’s Hollywood Awards, the 2007 Oscar winner (best actress) shed her ethereal pink Schiaparelli gown for more comfortable airplane garb and then jetted off to New York for another presentation– to a smaller audience in a synagogue auditorium.

    The Great Dame made her entrance at an educational forum hosted by Israeli Ambassador Ido Aharoni in a chic ensemble befitting a  self-confident top executive with the guts to show plenty of leg and equal brainpower. She moved seamlessly into a  cerebral discussion about her life, her work, and her high respect for professional excellence–no matter the endeavor.

    The sailors in the musical South Pacific, who said there is nothing like a dame,  might have in mind women like Helen Mirren and many of the unique characters she has played! Beyond her award-winning portrayals of Queen Elizabeth 2  in The Queen and The Audience, Dame Mirren’s entire body of work is quite remarkable.

    She is beyond funny and active as Victoria Winslow in Red, doggedly determined as  a Jewish refugee, Maria Altmann, who fought the Austrian government to retrieve a Gustav Klmpt painting of her aunt, in a Woman in Gold,  and keenly resourceful as a criminal lawyer (Linda Kenney Baden) in the Phil Specter Story. Helen Mirren  succeeds in being her best self, through full immersion into the mindset of the character she plays.

    As the Dame acknowledges on stage, to a predominantly Jewish audience, the upcoming made for television mini-series, Catherine the Great will provide complicated challenges, requiring her to assume the role of a  “woman who rewrote the rules of governance by a woman and succeeded to the extent of having the word “Great” attached to her name.”

    Dame Mirren mentions, not as an afterthought,  that Catherine the Great “was not very nice to the Jews,” but decides not to elaborate on her apparent real-life disdain for this Russian leader who was responsible for the creation of the “Pale of Settlement” that fostered anti-Semitism.

    Tonight Dame Mirren draws an audience that revels as much in her unabashed candor as her panache. She brings us to our feet for a standing ovation after declaring bountiful love for Israel, while holding tightly her commitment to atheism. She embraces her beauty but is not owned by it. After all, she is known to be happiest on a beach–in the nude –with others of like mind. And, while she is full of talent,  she is not full of herself. She is by all appearances thoroughly comfortable in her own skin.

    A dominant presence in the branding of beauty products by L’Oreal, for years, Dame Mirren’s star power emanates from deep within. She tells us she breathes from the diaphragm and has perfected her posture.  She walks with her spine is straight as an arrow. Her confidence is on autopilot. And, she pivots, seamlessly, from a starlet making small talk on a grand stage to a humble public speaker on a bare stage with a powerful voice in support of her craft and her belief systems.

    Helen Mirren is known as a champ at carefully assessing her options on film roles, and for a personal temperament that allows for going with the flow. She causes giggles at home with do-it-herself haircuts and hair color, generally, but she prefers to take on these tasks out of the spotlight, most of the time. But make no mistake,  Dame Mirren still makes the most of the power and perks that suit her fancy and or optimize safety in her highly elevated position. A fine looking bodyguard never strays far from her side.

    Dame Mirren disarms with honesty. She also provokes much curiosity about what makes her tick. She is a striking presence. She radiates empathy, maturity, and passion rolled into one mesmerizing image. As the famous organizer and 2019 Oscar attendee, Marie Kondo might say, Dame Mirren’s talent “sparks joy.”The Interview with the Great Dame hit all of the high notes about her career.

    Can you blame me for wanting to meet her–one-on-one?  In passing,  I whispered to my longtime acquaintance, the Good Israeli Ambassador,  that I would like to chat with the Great Dame at the reception we were all scheduled to attend later in the evening. He demurred, ever so politely, as only an exprienced ambassador could. So,  I quickly gave up any hope of a private tete a tete. I would settle for a handshake–I suggested.

    And then it seemed that serendipity intervened. The gracious Dame began walking in my direction.   She strolled over to the chair where I was parked–with my ankle encased in an icepack–propped up on another chair.  Suddenly, people emerged out of the woodwork. They were clearly frustrated that they had missed  Dame Mirren while she was holding court at a nearby table. She had been stationed midway between the chocolate-covered strawberries on one side and the miniature lemon meringue tarts on the other.

    The Great Dame approached me, directly. She caught my eye and smiled broadly as if she was honored to make my acquaintance. It was at this moment that Helen Mirren leaned in and insisted she needed a short rest from the crowd. She suggested that I allow her to tend to the ice pack and offered to take a video and photographs of our spontaneous duet.  Instead, I  insisted on rising from my perch to shake her hand. I then leaned against the wall and paid rapt attention.

    We engaged in one of the fastest-paced 10- minute chats I’ve ever had. It covered the world of government, business, the arts, healthcare, the Holocaust,  her upcoming projects and our respective medical nuisances. And we laughed. I thanked her for her compassion and she clapped with approval as I walked, on my own, back to the chair and the tepid ice pack.

    Ambassador Aharoni came over to say, “Good night,” and thanked me for helping him to give the Great Dame Helen Mirren a short respite before making her way back to another world of fans. So much for my reliance on serendipity!

    Mar-a-Lago WAS So Exciting

    As one of a handful of well-known women poker players in the 90’s (and the only one with a full-time day job, unrelated to gambling), I was often introduced to casino executives by their poker room personnel. Donald Trump was among them, but the king of Atlantic City had already made my acquaintance.  With a trail of controversial business moves in his resume,  years earlier the Trump Organization had asked one of its lawyers to hire EOLIS –for a small project before he ran up huge debt on the Jersey shore.

    WHAT’S MY LINE?

    The deal was proposed as a no fee opportunity with a top-shelf carrot–a big recommendation by The Man  –if EOLIS  performed up to expectations.  EOLIS passed up the first opportunity but got more than one-second chance–and was among the few service providers fully paid–with or without a fight. I figured to rank right up there with his favorite flesh peddlers!  The truth was a bit different The Donald  made no connection between the poker player, the legal headhunter and the budding politico.  He had no clue that his company was an occasional client or that I was the leading activist to stamp out smoking in his card room.  And, he had no clue about my advisory role to Mayor Rudy Giuliani nor of my frequent presence at the Mayor’s office.  It wasn’t until he was seated beside me at a dinner, in Palm Beach that he began to see the light.

    As Donald  pulled out from the starting gate, with the development of the United States Open Poker Championship, at his Atlantic City flagship, the Taj Mahal Casino, he invited a group of us from the card  room’s most notorious games to join him for a short chat about a “fantastic” poker tournament in the works. He stopped traffic as he pranced through the high energy poker parlor,  knowingly, with his entourage and a beautiful woman on his arm.  Donald took in a boatload of suggestions from our group-which consisted mostly of males, and all of us among the highest stakes poker players on the east coast. And then, he went on his merry way with a smiling Marla Maples and a troupe of fearsome bodyguards in tow.

    TUMP MAGNETIZES

    Donald Trump remained intrigued with women poker players –reportedly bedding the cutest local pro and casting another on his Celebrity Apprentice show.  As he is today, with Supreme Court candidates, so he was then,  most impressed by academic credentials and negotiating skills. The poker player he chose for the Apprentice was a smart, defiant, highly publicized pro with a BA from Columbia with additional studies in cognitive psychology at Mr. Trumps’ alma mater–U Penn. (but not Wharton). The poker “Dutchess” he selected, was not a personal friend of his, nor was she a household name nor was she quite as well-schooled as he had first heard, but she could hold her own–up to a point. In the end, Joan Rivers– a loyal friend of Mr. Trump was “hired.” The “Dutchess” was a runner-up who basked in the glory of her Celebrity Apprentice gig for years but leaves it invisible on her website, now that Mr. Trump is president.

    TRUMP GETS AROUND

    By the time the US Poker Championship got underway,  I had put in a full year as a special advisor in Mayor Giuliani’s City Hall–long enough to develop and voice some political differences with the feisty, self-confident Mayor. I  left the fading embrace of the Mayor’s Office to accept appointment as the first woman to hold the post of 1st Assistant and Senior Advisor to the Governor (in New York State).  The title was far more distinguished than the portfolio, with a catch-all mix of responsibilities including responses to special requests by corporate and civic bigwigs.

    When Mr. Trump wanted a favor from the City but failed to connect, the Governor’s office was often the next call. As the Governor’s supposed right hand, I was invariably on the receiving end of all requests for favors.  For many months, Mr. Trump never realized I was one of the poker players he met with, or that I was a political appointee, or  that I was the person who dodged his requests for landing rights for his private plane on Staten Island–until we met up in Florida as he breezed into the home of a true real estate mogul, the late Lew Rudin–recognized in his world as Mr. New York.

    RUDIN SHANGRILA SHINES

    Lew was adored in the real estate community, up and down the east coast, so Mr. Trump toed the line, attending the invitation to dinner at the Rudin Shangri-La, in honor of the Governor.   Once he pegged me as the Governor’s tippy top  “secretarial assistant,” and chief gopher, he took no chances. He was charming. Before dinner was over, Donald insisted on introducing me to his entourage,  ordering that I be chauffeured to Mar-a-Lago for the evening entertainment. Wayne Newton – Mr. Las Vegas – was in town.

    I accepted the invitation. I couldn’t wait to establish my credentials for once and for all!   Wayne Newton was a client and “Mr. Las Vegas” was a longtime friend, to boot. On arrival at the Mar-a-Lago poolside party, Mr. Trump hastened to impress me with HIS  good friend Wayne, until Mr. Newton’s eye suddenly caught my presence as he walked toward us.  Mr. Las Vegas turned the tables on the Donald,  introducing me as if I was his very best friend.

    TRUMP PUTS ME IN MY PLACE

    We all chatted amiably. Mr. Trump finally opened his hand–connecting an odd bunch of dots;  his company’s relationship with EOLIS International Group, his meeting with poker players, his request for airplane landing rights and my position in the Governor’s Office. No sooner than I thought that I made the grade, however, I ran into The Donald, again, walking solo on a reception line. There was not the slightest acknowledgment of prior close encounters. Today, President Trump the most powerful man in the free world, Trump remains on my radar screen, even though I do not occupy an iota of space on his busy canvas. But, you can bet your bottom dollar that the smarter- than- you think-he-is President will take the time to tip his hat if he has reason to believe such a gesture will be personally useful to him.

    Journalists Scramble to Understand Giuliani

    Shortly after Rudy Giuliani was appointed to President’s Trump personal legal team, journalists from all over the country began to analyze his selection by the President and Rudy’s decision to come on board.

    EOLIS was one of the hundreds, or more likely thousands of calls, on their list. While I have pondered these issues as well as many of Rudy’s comments since joining the team, I elected to participate in just one interview and very limited comments for The Washington Post (‘Nowhere near close’: The bond between Trump and Giuliani is less than it appears). For more than 15 years, I was a confidante, career advisor, and a consultant who served as a special advisor on City Hall operations during Rudy’s first year in office as the Mayor of NYC. Above all, he was a friend who paved the way for important new relationships that have significantly impacted my biography far more than I could have ever impacted his life.

    Our paths took different directions once I had accepted a role as First Assistant to Governor Pataki (after I failed as a go-between in an effort to unite them).

    My recent comments made in The Washington Post were based mostly on solid recollections from more than 20 years ago. But, I believe his recent (albeit delayed) decision to join the team could have been predicted. Whatever observations others have made, I can assure you Rudy prizes loyalty fiercely, and you can count on him to show that trait during his representation of the President.

    Yankees Boss Levine Huddles with Wendeen

    Wendeen says, “Randy Levine minds his business by speaking his mind–with equal parts knowledge and passion.”

    Best known as President of the New York Yankees, except to the lawyers on the other side of his fierce end game in the crunch of a tough labor negotiation, Randy Levine is a man who speaks his mind, but he is a teddy bear at heart.

    Some forty years ago, I hunted Randy’s head as a legal recruiter–to no avail.  He had worked closely with Associate Attorney General, Arnold Burns at the Justice Department. They moved as a team into private practice.  Arnie then led the effort to find a more  ideal Firm to serve their big-ticket clients. His colleague Rudy Giuliani  recommended that he consult with me. Randy visited me and then  Big Gun Arnie stopped by to chat. In the end, Arnie and Randy joined an EOLIS  client–the fancy Proskauer law firm–without an ounce of my help. But they graciously tipped their hats in the press release, that trumpeted their arrival. They thanked me for my advice in their consideration of multiple offers.

    Randy and I have been friends ever since, as each of us wended our way in the private and public sector and back to business. Our paths intersected as senior advisors to Mayor Rudy Giuliani in his first term. Randy moved up the ladder to become Deputy Mayor. I left the City Hall corridors for a stint in the Governor’s office.  Randy went to the Yankees. I returned home to EOLIS International Group, the  legal search and consulting business I founded.  Our friendship has continued through the years.

    Randy has made quite a name for himself, but he is at ease with success and enjoys making more of others’ accomplishments. When I seek out his counsel or call to kibbitz, I know I’ll find him–wherever he is.  If you know Randy you know he returns his phone calls–fast. Have I mentioned  that Randy also has  grace? He has never asked me to explain how the heck it came about that I brought A-Rod to a poker game that landed up as a story in the New York tabloids?

    At the end of lunch, I didn’t have to propose a next date. He did. I have a choice of any of the 81 Yankee games he will be watching, intently, in his buzzing president’s suite at Yankee Stadium. I’m on my way!

    Thank You, President Hamilton

    It is reaffirming, uplifting and with extreme gratitude, I start the year by recognizing NYU President Andrew Hamilton who greeted me this past fall, on the occasion of the 50th anniversary my graduation from the University.  Andrew now fills the shoes of those who preceded him, including my favorite professor and advisor L. Jay Oliva who pushed me to push the envelope—to achieve.

    And, Andrew is already filling the soul of the University, its students, teachers and alumni with limitless enthusiasm for the process of learning inside classrooms and beyond them. Thank you, Andrew, for your time, at the podium, on the floor, and during our brief tete a tete at a very special event—that reminds me to count my blessings for the opportunity of an education that sent me on my way.

    Facts about Legal Recruiting Fees

    (NEW YORK, NEW YORK) The matter of legal recruiting fees has become thornier than ever, as law firms, increasingly, seek to renegotiate placement fees—shortly before (and sometimes after) an offer has been made and accepted by a high- powered rainmaker. Recruiters are well advised, as are law firms, to ensure clarity in their arrangements–at the beginning of the process–to mutual satisfaction. Gone are the days when a handshake will do.

    While most law firms put their own drafted fee schedule in front of the recruiter,  with a demand to sign or scram,  exceptional recruiters escape from this potential  rigidity, at least enough to modify terms. And the most accomplished recruiters set their fees and terms with clients, just as the best law firms do—by presenting their own agreements and allowing their clients to negotiate reasonable changes —not the other way around.

    Many recruiting fee disputes evolve because of bad practices on the part of  both the law firms and the recruiters  with whom they work; the notion of a resume’s shelf life is chief among them. If both, the employer and the recruiter recognize that the recruiter must be responsible for the placement, and mean by that phrase, that the recruiter’s  referral efforts must rise to the level of substantial cause of the placement —life would be so much easier. The “but for” rule, meaning but for whose efforts did the placement occur, has become a much murkier two edged sword and often leads to far more debate. Let’s get out of conjecture and rely on facts!