
Image: Carmen Natale

ARTICLE TOOLS
| Printer-friendly Version | |
| Email this Article | |
| Send A Note to the Editor | |
| Reprints & Permissions |
Should I Give Up My Partnership to Return to Trial Work?
New York Law Journal
October 13, 2009
Q: I have been fortunate to have two careers in the law. In my early career, I had a solo criminal defense practice. Facing no career prospects, I did this right out of law school. I loved it. I worked hard, made solid progress on my skills and represented more than 200 clients in only three years.
My hard work paid off as it was soon noticed by my current employer. I was recruited to join this medium-sized firm, but was very quickly doing commercial transactional work and have not stepped foot into a courthouse once. I have been in this position for five years.
Although, I was recently named a partner for my work on behalf of several important clients, I can't help but miss the glory days of standing in front of a jury. Should I go back and start over? I feel lucky to have a job and cannot imagine hanging up my shingle with no clients.
-- Missing the Glory
A: Dear Missing the Glory,
You raise a question of how to balance work values: financial security and job satisfaction. Of course, the ideal is finding an exact match so you engage in work that you enjoy and have confidence in continuing to receive compensation meeting your needs. However, perfection is not always achievable. So, you have to determine how much you can compromise on satisfaction and security.
Your inquiry indicates that financial security is your top priority. Without clients, you "cannot imagine" leaving your current firm to start a solo practice. You have already experienced practicing on your own and understand the financial implications. By asking whether you should return to solo practice and then expressing discomfort at the idea, you appear unprepared to make a move right now.
The tone of your inquiry suggests nostalgia for "the glory days" of being in the courtroom, not unhappiness with transactional work or your current firm. Consider whether you can return to the courtroom while you stay put.
You give no information regarding your firm's practice areas other than commercial transactions. If the firm has a litigation group, determine the appropriateness of seeking work with that group on some of its matters. As you reflect on this option, take into account the firm's reasons for hiring you from your criminal defense practice and then converting you to a transactional attorney. As well, consider your understanding of the role that the firm has expected you to assume in its practice. Above all, know the culture of your firm.
Another option relates to business development, which may be one of your responsibilities now that you have recently become a partner. Depending on your firm's expectations, you may wish to pursue a mix of transactional and litigation work. Perhaps you can let clients know that you have criminal defense experience so they can become a potential source of referrals for that type of work.
Also, as you pursue new clients, you may wish to discuss your experience in both transactional and litigation matters. If current and potential clients have complete understanding of your practice areas, they are more likely to keep you in mind when related issues arise. As you progress in building relationships and business, you can decide whether your current firm still offers you a platform for client service and financial security.
As a third alternative, you may wish to pursue pro bono opportunities; just make sure that the work fits within your firm's pro bono policy. If you take this route, you can benefit in several ways. Foremost, you can probably get back into the courtroom. A great deal of volunteer work is litigation-based. As well, you may begin to build relationships that may lead to business. Plus, you can see whether you wish to return to the courtroom on a regular basis.
By considering and pursuing some of these options, you may be able to bring financial security and job satisfaction into a balance that works well in your current firm. At the same time, you can determine whether you still miss the glory so much that you need to go back. Or, perhaps, you only feel nostalgic.
Sincerely,
Linda E. Laufer
Linda E. Laufer, the firmwide director of attorney development at Morgan, Lewis & Bockius LLP, is the author of the weekly Crossroads column at New York Lawyer, a publication of New York Law Journal.
The views expressed in this column are her own and not those of Morgan Lewis.
