Job Interview Tips From Top Law Firm Partners

In this video presented by Bloomberg Law, hiring partners at some of the nation's top large law firms give advice on how to avoid disasters and succeed during the interview process.



Video: The Impact of "Say On Pay" on Executive and General Counsel Salaries

As part of their "2012 GC Compsensation Study,"  Corporate Counsel magazine reporter Shannon Green sat down with Francis Byrd, an expert on corporate governance and executive compensation to discuss the effects of Dodd Frank's "Say On Pay" rule.  The rule mandates that public companies must put executive compsenation to a shareholder vote at a minimum of every three years.

Enjoy:

"Corporate Counsel interview with Francis Byrd about executive compensation under "Say On Pay"

THE JERK

By Rich Janney

A little more than 2000 years ago, a guy named Zeno thought up a crazy paradox.  Arrogantly, he called it “Zeno’s Paradox.” (Get a load of this guy…)  Zeno’s Paradox states that you can never get from Point A to Point B because, in order to get from here to there, you have to get to the halfway point first.  And if you want to get to the halfway point, you will first have to get halfway to the halfway point—more commonly known as the one-quarter mark.  And if you want to get to the one-quarter mark, you will have to first get to the halfway point between here and the one-quarter mark, which is the one-eighth point.  And, to get to the one-eighth point, you will first have to arrive at the one-sixteenth point.  And if you want to get to the one-sixteenth point…  This goes on and on forever and ever, which means that not only will you not get from Point A to Point B, but you will never even be able to start moving since there are an infinite number of things that have to happen before you can get to any point along the way, let alone to your destination.

To be clear, Zeno was a jerk for coming up with this doozy which has been confounding people for a long, long time.

But even if you’ve never heard of this jerk or his paradox, chances are that you are governed in some way by a similar, cruel logic.  People procrastinate for reasons that aren’t that dissimilar to the problem articulated above:  “There are a million things that have to happen in order for me to do X, and I can’t do a million things right now, so I am going to wait to begin until I have time to do a million things.”  Well, you’ll never have time to do a million things, so you’ll never get started.

As a recruiter, I hear this all the time.  I talk with someone who is psychologically ready to make the move to another firm or corporation, but is paralyzed by what seems to be an infinite number of tasks that need to happen in order to get from Point A to Point B. They put off taking that first step. They put it off, and off, and off.  Until one day, they wake up and realize that they missed their window of opportunity to make a move. 

Don’t let your career choices be governed by the logic of a two thousand year old philosopher.  If you are ready to make a job change (or if you are ready to do anything, for that matter), don’t over think things.  Yes, there is a list of things that have to be done before you can walk into your new office, but there aren’t that many items on the punch list and a recruiter can help clarify the process and guide you along the way.  As Lao-tzu once said, “A journey of thousand miles begins with a single step.” Okay, ignore what I just said about letting your career choices not be governed by a two-thousand year old philosopher.  Just ignore Zeno.

GOOGLE YOURSELF

By Rich Janney

Social media is over-discussed these days.  Every five seconds you hear a story about it—Facebook, Twitter, etc., etc.  Even the angle I am taking with this article—that social media can make you look like a real idiot to a potential employer—has been beaten to death.  But I still feel the need to remind people about this topic because I believe that the message has not been received.

Assume that potential employers will be Googling your name if they get your resume and are interested in you as a candidate.  And, if you have a Facebook account—even if you lock down your security settings—or you have uploaded photos to Flickr, one of your photos might end up coming up in the search results.  And I’m sure it was funny when you came to a Halloween party wearing a Batman costume made out of black plastic garbage bags and some black construction paper (for the ears).  But the fact is that the first thing your potential employer sees is you, dressed up like a semi-melted Batman, holding a red plastic cup full of keg beer standing next to a girl dressed up like a Strawberry Shortcake hooker.

If you are going to pose in a Batman costume for your Facebook profile picture, you should at least go buy a good costume.  They sell awesome ones these days—ones that look just like the kind Christian Bale wears in the movie.  I saw a YouTube video of a guy in a Lamborghini driving around wearing a Batman costume.  He looked awesome.  You can get good costumes online:

http://www.amazon.com/Rubies-Costume-Co-Collectors-Batman/dp/B000A81P9M/ref=pd_sbs_a_5/178-0302624-4000223. 

The garbage bag Batman costume says, “I get things done sloppily and at the last minute.”  Strawberry Shortcake says, “I am a harassment suit waiting to happen.”  And the red plastic cup says, “I will be hung over on Friday morning, if you see me at all.”

You really should punch your name into the Google and see what comes up.  It may be a picture of you, dressed up as The Dork Knight.

In Defense of the Big Firm

By Rich Janney

Big law firms get a terrible rap.  When I was a student at Harvard Law School (I didn’t go to Harvard), we were constantly told by our peers that big firms were evil, though they paid well.  We were told that we wouldn’t get any practical experience at the big firms, that all we would be doing was document review and cleaning the toilets for the first three years.  We were told that they were sweat shops.  We were told that they ground up associates and then spit them out.  We were told that they would sneak into our rooms at night and kill us in our sleep.

At some point, it starts to sound like camp counselors telling spooky ghost stories around the campfire.  Yet, this ghost story has persisted over the years: “And then, when the associate got out of the cab on his way home at 4 a.m., he found a BLOODY HOOK STILL ATTACHED TO THE DOOR HANDLE!”  

[1^st year law students screaming and crying]

But I am here to tell you, as a former big firm attorney (I really did work at a big firm), that much of these stories are bunk or that they are not stories that are limited to life at the mega firm.  The following is a breakdown of many of the perceptions of big-firm life that attorneys and law students alike might want to take into account if they are considering joining a large law firm.

#1 You Will Work Crazy Hours

It can be true, yes, but it’s not always the case.  And though working long hours can happen at those mega firms, it can also happen at mid-sized and small firms too.  Sadly, this is the nature of the business these days, and it isn’t contained to the large firm.  For example, if you are working on a case that is going to trial, you are going to work long, grueling hours getting ready for it whether or not you work at a big or small firm.  If you are a transactional attorney and you’re working on a really big deal? Same thing.  And sometimes, at a small firm, because there are fewer attorneys who can bear the brunt of the case load, when it gets busy, it gets REALLY busy REALLY fast and there’s very little letup.

Furthermore, I have heard of plenty of tales of people who work at big firms and who maintain very good hours.  They bill 2000 hours and are not punished for failing to bill 2400.

Bottom line is that the practice of the law is a pretty tough life when you’re junior.  But it’s also pretty brutal if you’re a young doctor, or a young pup working at a hedge fund.

#2 You Won’t Get Any Practical Experience

Two main things determine how much hands-on experience you will get in your position if you work at a big firm: 1) your personality; and 2) who you end up working for.   With regard to point number one, if you are the type of person who is inclined to try and ‘hide’ at the big firm, you probably will be able to stay away from getting real hands-on experience.  And that, I suppose, is less stressful in the short run—if you are a ‘hider,’ that is.  However, hiding is not good for your career and it’s not the fault of the firm that you chose to avoid getting your hands dirty.  The most the big firm can be blamed for is providing a large enough biosphere in which you can successfully duck and cover.  With respect to point #2—who you end up working for—well, that’s out of your control to a large degree. If you work for partners who want to lock away their associates doing document review for the first year at the firm, then you drew the short straw, I am sorry to say.  At my former firm, I was lucky enough to be sent to court the day after I passed the bar and I never looked back; I went to court hundreds of times in my career.  But I was lucky—I worked for a great partner who really valued having associates who knew how to do stuff, so he made us do stuff (which is good, because I would probably have tended to be a ‘hider’). If, on the other hand, you have landed in a practice where they truly intend to keep the substantive work away from the young attorneys, then you really are in a bad situation (unless you are a ‘hider’, in which case you are working for a ‘hiding enabler’). However, again, this isn’t necessarily endemic to big firms—there are ‘hiding enablers’ at smaller firms too—the good news is that if you are at a big firm, you have a better chance of finding a different partner to work for because there are lots and lots of them there.  They can’t all be hiding enablers.  Use the size of the firm to your advantage.

#3 It’s a Sweatshop

Sweatshops exist in third world countries and the people who work there barely make enough money to live.  You will make enough money on your first day to buy yourself gold teeth.  Knock it off with the ‘sweatshop’ comparisons.

#4 You’re Just a Cog in a Machine

People think that at a big firm, they will be dehumanized, that they will only evaluated as a set of numbers that appear in a gigantic spreadsheet.  They think that if they don’t make their hours, they won’t be valued even if the work they do is outstanding.  Conversely, they complain that the inefficient attorney who bills 2300 hours will be considered a superstar even though their work is junk.

OK.  To some degree this is true.  Evaluating people by the numbers is more likely to happen at any organization where they have to manage hundreds and, perhaps, thousands of employees.  But doing high-volume, poor-quality work will only float for so long.  Eventually the system catches the clunkers, it just may react a little slower than the system at a small firm.  If you do good work and get good reviews, you will be recognized and rewarded.

Now, Let’s Talk Affirmatively About the Good Stuff

Don’t forget about all the good things that the big firm can provide that aren’t necessarily available at smaller firms.  Big firms provide a ton of CLE training right in the confines of the office.  There are experts from all over the firm who can provide amazing insight and guidance on a huge variety of subjects.  There are support systems in place that run 24 hours a day because, let’s face it, no matter where you practice, you are going to have late nights from time to time.  Better to have a whole staff of document specialists on hand to help you out when it gets super late.  Need a thousand copies at 2am?  They’ve got you covered.

The benefits are usually great too.  At some firms you will likely have vision, dental, health, 401k, 501k, and some sort of shark attack insurance (optional).

Then there’s the access to people.  While I was at DLA, I was able to meet a Secretary of Defense, a couple of congressmen, Michael Jordan’s lawyer (Jordan came to the office himself once, but I missed it), Gandhi, and also God.

Long story short, there are a lot of benefits of working for the mega firm.  Don’t let the camp counselors scare you.

START YOUR NEW JOB ON THE RIGHT FOOT

By  Sabrina C. Spitznagle

You made it through the interview process; obtained and accepted the new job; and gave notice and left your old job.  Now what?  It seems like the hard part should be over, but don't forget that the first few months of any new job really is a continuation of the interview process and that changing jobs is hard.  You will have to prove yourself all over again, and depending on where you are moving, you may experience some culture shock.  It is important that you are prepared for this, and that you don’t lose sight of the reasons you decided to make the move in the first place.  None of this is rocket science, but remembering the tips below can help ensure that your transition is as smooth and successful as possible.    

1)      First and foremost, make a good first impression.  You will earn so much credibility and buy yourself much flexibility down the road if you start off on the right foot.  You were hired -- so they obviously like you.  Keep up this momentum and hit it out of the park on your first assignment.  Exceed expectations -- do more than you otherwise would on the project; proofread it more than you otherwise would; and turn in the project earlier than they expect it.  Do this even if the project seems somewhat menial.

2)      Arrive early and stay late (at least initially).  You absolutely don't want to be the last one in the office, or the first one to leave. 

3)      Be responsive.  Respond to emails and voicemails as soon as humanly possible after you receive them -- even if it is just to acknowledge that you received the email and are working on getting an answer.  Attorneys tend to be somewhat masochistic, and misery loves company -- they will be pleased that someone else is working at 2:00 in the morning (or at some other odd hour).

4)      Make a concerted effort to get to know people in the office.  Ask people to lunch.  Accept invitations to happy hour if you can (But, don’t drink too much -- limit yourself to a 2-drink max.  Drink club soda with lime after that).  Make small talk, even if you’d rather just shut the door to your office, get your work done, and go home (Another but -- don’t share too much.  They don’t need to know all your weird habits, thoughts, politics, etc. right off the bat).

5)      Figure out the politics and hierarchy.  Determine this as soon as possible and do your best to develop a positive relationship with at least one of the firm or company’s decision makers as soon as possible.  If you do not get assigned a mentor, try to develop a relationship with someone who has been there for a long time to whom you can go with questions.

6)      Don't stand out in some weird way.  For example, if everyone keeps their door open, don't sit in your office with the door closed all day.  Don't work with your office lights off and only a lamp.  Dress conservatively and in line with the way everyone else in the office dresses.

7)      Be nice to everyone.  The first few months of any job are really a continuation of your interview.  Make sure that you are especially nice and friendly to the assistants for the attorneys with whom you work; your assistant; the people who work in the mail room; and the receptionists.  

8)      Follow their procedures.  If they have a certain way of doing things -- writing a brief, drafting documents, marking things up, keeping track of time, etc. -- do it their way.  If you think things could be improved, you can make a tactful suggestion, but don't go crazy trying to change their ways -- you will need to adapt.  No one likes a know it all.

9)      Go to the birthday celebrations. You don't have to eat cake, but you should show up and sing (and maybe pretend to eat the cake).

10)  Participate in the charities.  Pay the $5 to wear jeans on Fridays – you will be more comfortable anyway.

11)  Don't abuse privileges.  Figure out the rules and what the home grown people do, and then do a bit less than they do.  For example, if everyone charges through their car home and/or dinner if they are working past 7:00 pm, only charge your car home and/or dinner if you work past 8:00 pm.

12)  Be happy to be there!!  People like positive people -- try not to be a complainer. Don’t let yourself idealize your old job and forget all the reasons you left.  Instead, continue to remind yourself of the reasons why this new job is better. 

While these tips may sound exhausting and make you want to give up your job search before you even start, remember that this transition period is only temporary.  If you do all this initially, you will be able to quickly establish yourself and enjoy all the great things about your new job! 

WHAT TO EXPECT WHEN MAKING THE MOVE IN-HOUSE: THE GOOD, THE BAD, & THE UGLY

By Sabrina C. Spitznagle

     Attorneys often think of going “in-house” as the golden ticket; the panacea to all their problems. In many cases, in-house opportunities do offer a better, more predictable lifestyle, without the hassle of having to account for every second of your time. But, as with everything in life, there are definite trade-offs, and not all in-house positions are created equal. To get some perspective on “the good, the bad, and the ugly,” I spoke with a number of attorneys who have made the move from a large law firm to an in-house position.

“The Good”

     Most of the attorneys with whom I spoke agreed that the best aspect of making the move in-house is a more predictable schedule. They no longer worry about getting travel insurance in case they have to cancel their vacation last minute, and they are confident they will be home in time for dinner. They also agreed that they are working less in-house than at a law firm (or at least they feel like they are working less – it sounded to me like several of them are still working quite hard, and don’t forget that some in-house positions can be every bit as demanding as working at a large law firm). However, working in-house is absolutely less flexible than working at a law firm -- no more deciding to come in at 11:00 am thinking you will just stay later; running out in the middle of the day to Nordstrom’s to do some quick shopping, to a child’s music class, or to get a mani/pedi; or deciding to work from home on a random Tuesday. Nonetheless, while not everyone would agree, my interviewees were unanimous in valuing a regular, predictable schedule over a more flexible one.

     Of course, there are several other very positive things about going in-house. Billing your time is the bane of most attorneys’ existence, and this is not something you are required to do in an in-house environment. (Even in-house, however, most attorneys do have to account for their time in some way – typically through periodic written or verbal reports.) In-house attorneys also don’t have the same pressure of having to develop business, which for many people is a huge weight off their shoulders.

     Finally, being in-house offers the chance to work with the same client repeatedly, so that you feel much more invested in your client and are able to be more involved in the business side of things. This, by the way, is the absolute best reason to provide in an interview as to why you want to go in-house (please, please, please do not ever, under any circumstances whatsoever, tell anyone in any interview that you are looking to make a move for a better lifestyle – just keep that to yourself). One of my interviewees described being in-house as feeling more like a career, rather than simply a platform to do something else.

“The Bad”

     All of the attorneys with whom I spoke said that they felt more like support staff as in-house counsel. You become part of the company’s overhead, rather than a revenue generator. Likely contributing to this feeling of being support staff is the fact that you typically don’t have the same support staff you did at a large law firm. In most cases, you don’t have a secretary to answer your phones, draft your letters, or make copies for you. At the same time of course, you often don’t have the same secretarial or support staff needs that you did in private practice.

    Many in-house attorneys, especially litigators, also miss actually litigating their cases -- even if they thought that they wouldn’t. It can be very hard to move from being in the driver’s seat to the back seat. While in-house attorneys absolutely remain involved in strategy and decision making, their role can be more akin to giving guidance from the back seat than actually driving the car. You may have to restrain yourself from jumping in to ask a question during a deposition or to make a point during an oral argument in court.

     In-house positions almost across the board pay less money than law firm positions. Bonuses, equity, and benefits can make up for some of the difference in the lower base salary, but you should be prepared to make less if you move from a firm to an in-house legal department (at least initially – it does appear that over the course of time, in-house lawyers catch up with most of their law firm counterparts, with the exception of the ultra successful business generators).

     Finally, there are a limited number of companies with downtown locations, so depending on where you live, moving in-house often involves a lengthy commute (usually in a car) to get to work. Even if you live in the suburbs and don’t have to commute, many people have told me that working in the burbs feels extremely isolated (certainly not as many good lunch spots!), and they would rather commute downtown. If you are used to meeting your downtown friends for lunch or for a quick drink after work, this can be hard to give up.

“The Ugly – Things You Wouldn’t Expect”

     I think everyone who has made the move in-house would agree that you should be prepared to experience a fairly serious culture shock. Working in an in-house environment often means the end of your own private office with a window; your own secretary and/or paralegal; after-hours secretaries and paralegals; coffee stations on every floor; and a beautiful lawyers’ lunch room. Most of the people I interviewed said that they did not appreciate or anticipate this cultural difference or how much “secretarial” work they would do themselves as an in-house attorney.

    The attorneys with whom I spoke also were surprised by the sheer number of matters for which they became responsible as in-house counsel. While at a large law firm you may be responsible for ten or so matters, and you know every last thing about them; as in-house counsel, you are responsible for overseeing hundreds of matters, and you must get comfortable with hopefully at least remembering the names of the cases. This can be a struggle for many of us Type A, detail oriented attorneys.

     A common misperception about going in-house is that your practice will become much broader and that you will handle a wide array of matters. While this absolutely may be true in a very small legal department, joining a large in-house group at a large company often means that your practice becomes much more narrow and focused. At a larger company, in-house attorneys tend to support a specific business. Thus, while you may handle many different types of litigation matters as a litigator at a law firm, as in-house counsel, you may be responsible for only real estate litigation matters for example.

     Finally, attorneys often think that by going in-house and becoming the “client,” you are able to respond to matters at your leisure. In reality, however, you still report to internal clients, and you often receive many internal emails that require an immediate response. Several people with whom I spoke said that they did not realize how frustrating it would be (and how bad you look) to not to be able to respond to your internal client because outside counsel has not yet responded to you.

    At the end of the day, when you are analyzing where you want to be in the next 5 to 10 years and are managing your career to get yourself there, remember that going in-house is not necessarily the be all end all. It is a terrific option for many people, but it is not necessarily for everyone. Moving to a smaller law firm often can offer some of the same benefits as moving in-house, without a number of the negatives. Think about your strengths and weaknesses and what you value most, and perhaps most importantly, look before you leap -- talk to as many people as you possibly can to ensure that you are making an informed decision that is right for you.

ASTEROIDS

By Rich Janney

Your firm probably isn’t going to implode.

However, associates have always fretted that one day they will show up to work and find themselves padlocked out of their offices.  That worry is understandable.  Ever since I graduated in 2000, there have been some pretty spectacular law firm collapses—Altheimer, Brobek, Heller Ehrman, Jenkens, and Howrey, just to name a few.  It’s hard not to take notice when a well-respected firm up and dies and catches most of its attorneys by surprise.

But all in all, it is not common for a firm to die suddenly.  I mean, don’t get me wrong—firms do fail, but it is more common for the failure to come in the form of a slow and painful death, exhibiting plenty of warning signs to the outside world.  And those warning signs give law grads and lateral attorney candidates ample opportunity to avoid the firm.  In other words, the passengers on those ships have known, or should have known, for a long time to head to a lifeboat and to push women and children out of the way to get there if necessary.  They really can’t claim surprise when the hull disappears under the surf.

But the slow painful death of a firm is not what worries attorneys.  Just like the general population is more worried about an asteroid hitting the Earth than they are about global warming, attorneys fret about the possibility of getting blindsided by their firm going supernova. But since there is still the chance that a law firm can get hit by a metaphoric asteroid, wringing ones hands over the subject isn’t entirely without merit.  I mean, hey, that’s how all the dinosaur attorneys got wiped out, right?

That begs the question, then, as to how does one know if a firm is going to blow up?  I mean, they don’t really go without any warning signs, at least not to the insiders.  As such, after conducting a thorough study of firms that have gone out of business over the last two decades, and recording countless interviews of former partners and associates of failed law firms, I have compiled the following list of warning signs that your firm is about to fold like a lawn chair:

1.      You work at Dewey & LeBoeuf

2.      The lights won’t turn on any more

3.      You walk by a conference room and partners are warming their hands around a barrel of burning trash; also, they’re wearing those gloves that have the fingertips cut out of them

4.      All the important partners are rappelling down the side of the building past your window with boxes of documents strapped to their backs

5.      You see the unhappy ghosts of deceased name partners roaming the halls and rattling chains

6.      The managing partner is talking to a loan shark collections guy and is shrugging and pulling his pants pockets out into rabbit ears to show that they are empty

7.       You receive an email saying that Rosasharn from The Grapes of Wrath will be serving lunch

8.       A Trustee in Bankruptcy is walking around the office, measuring things

9.       All the senior partners are going on vacation to non-extradition countries

10.    No more furniture

11.    Wild animals roaming the halls

12.    The partner that kept the tank of exotic fish in his office is eating them to survive

13.    You learn that your firm accounted for its finances based on a Mayan, rather than   fiscal, calendar

14.    There is a recruiter suctioned cupped to the outside of your office window, just waiting

Look, in reality your firm probably isn’t going out of business overnight; it’s a pretty rare event.  But to the extent that you see any of the above-mentioned criteria, you might want to consider moving to another dinosaur cave—asteroid’s a-comin’.

Memories

By Rich Janney

I make a lot of jokes about my time as a litigator and it probably gives the impression that I didn’t like it.  However, I spent seven years litigating for a good reason—I really did enjoy many parts of it and often overlook or fail to communicate some of the many fond memories I have. Whether it is the academic challenge of articulating case law in a persuasive manner, the thrill of winning a motion, or the satisfaction of having out-witted your opponent, there are a lot of aspects of being a lawyer that warrant celebration.  But there are other nuances to the practice that I found very rewarding, too; elements that I think get overlooked.  The following is a list of things I really enjoyed while I was a Chicago litigator:

1.      Judges with mild dementia

2.      Metal detectors at the Daley Center that wouldn’t go off even if I had a leg made out of solid steel

3.      Court calls where the case right in front of mine happens to be one of those mortgage foreclosure deals where the attorney brings eight million files up to the bench and spends the next six hours kicking people out of their houses

4.      Getting to know some really unhealthy people

5.      Putting my keys and cell phone in a dog dish before being allowed to pass through security at the Dirksen Building

6.      Waking up at 3 am with positive thoughts about all the things that could go right with my cases

7.      Martinis

8.      The 85-year-old sheriff’s deputy at the Daley Center who would simultaneously shush the courtroom and put one hand on his pistol, as if he was going to blow your head off if you didn’t shut up (no one called his bluff, though)

9.      The way a wool suit smells after you’ve panic-sweated through the jacket

10.    Putting endless hours into a draft of a brief and then getting it back from the partner covered in a bloodbath of red ink—so pretty!

11.   Technology, which has made it easier to file briefs right up until midnight and thus allowed associates to work right up until midnight, too

12.   Driving to a court call in a collar county and fantasizing about continuing to drive westward, then northward, then escaping to Canada

13.   The slovenly attorney who just can’t seem to get the whole shirt tucked into his pants

14.    Living a balanced, healthy life

15.    Counting the cigarette burns in the carpets in each courtroom in of the Daley Center

16.    Using carbon paper in the 21^st Century

17.    Redweld paper cuts

Those are just a few of my fond memories as a Chicago litigator.  I know, I know.  I probably sound like Garrison Keillor right now, idealizing my past into such a picturesque narrative.  But it’s just how I feel inside, and I had to get my insides out.  Please let me know if you have some fond experiences as an attorney that you would like to share and I’ll read them on the air.

I Will Name Him George

By Rich Janney

The other night I was feeling rather emotional, and I didn’t know why.  So I went home and put on my comfiest sweat pants and snuggled up on the couch with a box of wine.  Me and the box of wine watched The Bachelor and then had a good cry.  Well, at least I did.  I think the box was just leaking.

The next morning I woke up at 2pm and wondered what had made me so weepy.  Then I realized the cause: I had been accidentally taking my grandmother’s hormone replacement pills instead of my regular daily multi vitamin.  Although I was relieved that I’d figured out the mistake, it got me to thinking about other mistakes I had made in my life.

Namely, was it a mistake for me to have picked litigation as my practice area when I graduated from law school?  Maybe.  But more importantly, once I was two years into my career and realized that I hated litigation, could I have done anything about it? Truthfully, I don’t know.  Even with the benefit of hindsight, I am not optimistic that the switch can be made between practice areas once you’re firmly established in a particular group.  I think that is particularly true if the switch is to a totally unrelated area of law, like, for instance, leaving litigation to become a corporate transactional lawyer.

I have known—and continue to know—a lot of litigators who desire to leave their current practice area and explore ‘the other side of the fence’ and find a less stressful practice area, like estate planning or napping law.  I know very few people, however, who have actually made the switch from one side of the fence to the other—into or out of litigation.  Gleaning nuggets from those stories, though, I can still communicate a few common threads that I have observed.

If You Are Going to Attempt to Make the Switch, Do It as Early In Your Career as Possible

In the military, soldiers are trained that if they are ever faced with the prospect of being a prisoner of war, they should attempt an escape as early as possible.  The earlier in the ‘prisoner process’ you are, the more disorganized your opposition is; the less entrenched they are.  Chaos is your friend.  The longer you wait, the more layers of defense will be formed between you and your freedom.

Sad to say, but the prisoner of war analogy holds some merit in the practice of law.  Early in your career, the partners have not ‘gotten used’ to working with you.  They have not come to rely on you or perceived you as a necessary part of their machine.  They have not formed an emotional attachment to you (creepy as that may sound, it’s true).  Once you hear them saying, “I will name him George and I will hug him and pet him and squeeze him,” it’s all over for you.  If they want to hug and squeeze you, then they will form a lot of layers between you and the other practice areas.

All of the people I knew who made the switch did so before they hit their second year of practice.

Don’t Attempt to Make the Switch When Your Practice Group is Really Busy

I know that when you’re super busy, you are most motivated to make your escape, but this is when it would be the most difficult to do so.    This is, as you would imagine, when they need you the most. They will have their defenses on high alert and be ever vigilant to prevent any escapees from leaving the group.  You won’t be (mercifully) shot dead if you try to escape.  Rather, you will be put in solitary confinement.  The Box.

Do Attempt to Make the Switch When Your Target Practice Area is Really Busy

Makes sense.  When the group is really busy, they might just welcome some stranger who wandered into their camp at night.  Again, chaos is your friend in this situation.  Before you know it, you’re pulling the oars right alongside the rest of the team and sooner or later they just might come to think of you as one of their own. If you try to break in when everyone is slow, not only will the partners probably shoo you out, but the associates who are starved for hours will probably try to put a fork in your eye.

Now, all this presumes that you are at a big firm where there are multiple practice areas and a certain volume of work.  This was the situation with both of the people I know who switched, anyway.  It gets even more difficult at a small firm because it is literally harder to get away from a group.  They might be just down the hall or, god forbid, right next door.  It becomes exponentially harder (in my estimation) to make the switch between firms.  This probably requires a good contact at your target firm who is willing to take you on board as a newbie.  If you have such a contact then you don’t need to read this article.  Go make that call right now.

I certainly don’t want to ever offer discouraging words, but I do want to shed some light on the harsh realities of the market.  Truthfully, I hope that I am wrong about this and there are a lot of exceptions to this rule.  In fact, if you have such a story I would love to hear from you.

If I don’t hear from you, I will probably go home and curl up with a box of wine.  I have already named him “George.”