Can In-House Counsel Transition to a Private Practice Law Firm?

Can In-House Counsel Transition to a Private Practice Law Firm?

It used to be that once you went in-house, you never went back to law firm life.?

But ever since the Great Recession in 2008, that’s no longer the case.

If you’re curious about why and how a lawyer might make that move, keep reading.

Or you can watch or listen by viewing the video “Can In House Counsel Transition to Law Firm Private Practice?” by clicking here.

In-House Lawyer Roles Have Changed in Recent Years

In the wake of the Great Recession, corporations downsized their legal departments.?

They also cut their outside counsel budgets and asked their lawyers to do more of their legal work in-house.

Because lawyers were getting laid off left and right, in-house counsel were desperate to keep their jobs.?

So they took on the additional responsibility and workload without an increase in pay.

In-house lawyers did still retain the all-important perk of not having billable hour requirements—but they were working more hours than ever before.

As the economy recovered, organizations saw that their smaller legal departments were able to do more with less.?

Meanwhile, law firm salaries climbed to unbelievable levels.

With the growing pay disparity and similar workloads and responsibilities, in-house lawyers have started to return to the law firm world to be better compensated for their time and effort.

Law Firms Are More Open to Hiring In-House Counsel

Law firm lawyers have begun to appreciate the business acumen and insider knowledge that in-house counsel can bring to their practice.

From understanding preferences on outside counsel billing practices to knowing the ins-and-outs of internal politics, in-house lawyers bring valuable behind the scenes info.

In-house counsel have been able to lateral to law firms at every level—associate, counsel, partner—largely because they are staying within the subject matter expertise they developed while in-house (e.g., M&A, securities, etc.).

Law firms are relatively uninterested in bringing on an in-house lawyer who wants to switch practice areas entirely.

In-House Counsel vs. Law Firm Lawyers: Make the Case You Can Be Both

Although law firms have a greater appreciation for in-house lawyers than they used to, they may still be skeptical about why you went in-house to begin with.

You’ll need a good explanation as to why you left the law firm world (or never entered it) and why you want to work in private practice now.

You can make the case that you went in-house to achieve certain career goals. Now that you’ve met those goals, you’re ready to start the next chapter of your career by bringing all of your skills and knowledge to the law firm’s clients.

Subject Matter Expertise

You’ll also want to demonstrate that you’re a subject matter expert.?

When you go in-house, you’ll often have the opportunity to increase the breadth of your practice. While this is great for developing your lawyering skills and preparing to be a general counsel, it can take you away from a single area of expertise.

If you want to head into the law firm world after working in-house, you’ll need to maintain your subject matter expertise by seeking out that work, working with outside counsel who may be doing that work, and of course taking CLEs in that practice area.

Target Firms in Your Industry + Practice Area

Not every law firm will be excited to hire an in-house lawyer.

Your best bet is to identify the law firms with practice groups who serve the industry you’ve been working in—that’s where law firms will see the most value.

Learn About Other Industries

Law firm corporate practice groups often serve clients across different industries.

Because you have a single client when you’re in-house counsel, you may be a bit rusty on the regulatory schemes and legal landscape in other industries.

Once you’ve identified law firms with your practice area, do some research into the clients and the industries they serve.?

If you can demonstrate that you understand the basics of these relevant industries, they’re more likely to trust that you’ll be able to backfill any knowledge gaps on the job.

Business Development

While it’s not a requirement, bringing business to the law firm always increases your chances of getting hired.

Being able to leverage your existing relationships at your in-house job into work for your future law firm makes you particularly valuable (and potentially eligible for more senior roles like counsel and partner.

If you’re not in a position to bring business with you, preparing a business development plan will be the next best thing.

Network

You know how law firm lawyers are constantly wooing you in the hopes of being selected as outside counsel for your organization??

Those interactions are all great ways to let those law firms know that you may be interested in making a move to private practice.

Ask them about what they do in their practice group and which clients and industries their law firm serves.

Highlight Your Transferable Skills

Even though law firm lawyers have a general sense of the value you could bring, you’ll greatly increase your chances of making a successful move if you can clearly articulate your transferable skills.

What may seem obvious to you, probably won’t seem as clear to them.

It’s your job to connect the dots between what you’ve been doing and what you can do for them going forward.

Successfully Communicate Your Transferable Skills to Private Practice Law Firms

If you want to nail down your transferable skills so you can effectively communicate them to law firm employers, check out my free masterclass, 3 Simple Strategies for Uncovering Any Lawyers Transferable Skills.

The masterclass will help you to identify which skills you already have so that you can position your experience in a way that private practice lawyers will understand and appreciate the value you can bring to their firm.

Feel free to send me a DM if you want to find out how we can work together to get you into your ideal job.

Annie

P.S. You can access the original article and accompanying video at https://thejdnation.com/blog/in-house-counsel-vs-law-firm.

Sterling Miller

CEO, Three-Time General Counsel, Author, Keynote Speaker - currently CEO & Senior Counsel at Hilgers Graben PLLC.

2 年

Great stuff as usual Annie. I made the transition and love it! Of course, it depends on the firm and the people, mostly the latter. Good people make everything better.

I did it. I was seconded early to a client for a great opportunity and stayed, but I felt like my law firm time was cut short prematurely. My practice area is narrower now (by choice), but my perspective is broader from having had such broad in -house experience. I like both in-house and law firm environments!

Colin Levy

General Counsel @ Malbek - CLM for Enterprise | Adjunct Professor and Author of The Legal Tech Ecosystem | Legal Tech Speaker, Advisor, and Investor | Fastcase 50 2022 Honoree

2 年

You absolutely can transition. I think the challenge is less about the skills you have many of which are transferable, but the mindset and cultural adjustment required to go from the in-house world to the firm world Annie Little, JD, ACC.

Claire Battle (she/her)

Senior Managing Counsel - North America Litigation Supply Chain and M&A at CNH Industrial

2 年

I know colleagues who have made that leap (one of whom then went back in-house again). Depending on your goals, skills, personality, and life circumstances, it can be a great move. But I'm in the #neveragain camp. :) I think your point about subject matter expertise is key. There is a tension between the broader portfolio of issues that in-house lawyers typically manage vs. the niche specialization that makes a firm lawyer a valuable resource.

Steve Reisner

Director of Strategic Solutions at Advocate Capital, Inc. I am committed to helping plaintiff attorneys get the best possible results for their clients.

2 年

This used to apply to accountants also, we all know CPAs who have gone from private, back to public. What's interesting in firms encourage the move to private, so why wouldn't they let or want good people to come back from private, in-house?

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