New York Lawyer
May 15, 2001

Q:
I'm a fourth-year associate, and am extremely unhappy as a litigator. I thought it would be intellectually challenging, but it�s not. It�s a nasty, cutthroat business where the system often breaks down. The long hours are not the problem, but having no control over my schedule is.

I don�t think I want to leave the practice of law, but I think I�d like to switch from a "win-lose" daily battle to a "win-win" practice area. Any ideas?

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A:
You�re not alone.

We�ve all heard the line, "The civil justice system isn�t civil, it isn�t just and it isn�t a system." Yet even if your credentials are superior and your performance reviews strong, this move � particularly given the state of your career � may be surprisingly difficult.

Generally, the job market assumes that bright, goal-oriented people (like people who graduate from top law schools) can and will �self-select� into roles that are the best possible temperamental fit for them. Creative people seek and find creative jobs, they think, detail-oriented people land detail-oriented jobs -- and people who function comfortably in adversarial, zero-sum, win-lose situations (our society�s natural debaters and persuaders) will become litigators.

Accordingly, when litigators seek to move to more collaborative, team-oriented, win-win roles, they�re often surprised at the cold shoulder they get. �You guys (and gals) are deal-breakers,� they�re told. �You want to turn everything into a competitive contest. We�re not sure we want your kind working with us in Tax or T & E or commercial transactions.�

This fact, combined with the desire of large firms to adhere to highly-tracked, discipline-based career paths, often makes employers less than receptive to associates who think they want to change horses. This is particularly so at your level of experience, one at which your finally getting skilled enough to pay for the enormous overhead the firm incurred to recruit and retain you.

When litigators do make successful career moves, it�s often to an area where they have particular subject-matter expertise. Those who have litigated intellectual property cases, for example, are familiar with the issues, statutes and regulations that pertain to successful protection of IP rights in the first place.

When a firm is suffering a dearth of talent in some needed area, such as bankruptcy or the 40 Act, sometimes they will recruit from their own ranks, both to amortize their investment and because they think they know the quality of talent they recruited. But it is up to you to show why you're sincerely interested in moving toward some new discipline, not just wanting to get out of Dodge City.

Sincerely,
Douglas B. Richardson
President, The Richardson Group