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Alternative Careers

New York Lawyer
December 18, 2001

Q:
What kinds of jobs can litigation associates get outside of law firms?

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A:
The options are almost limitless, although your marketability may depend on the length of your tenure with the firm, what specialized areas or disciplines your litigation practice focused on, and, particularly, the reasons you left the firm.

By virtue of having successfully completed law school, passed the bar (I presume) and gotten hired by a major firm, you have gathered some "default credentials" that are marketable both inside and outside of law:

  • You are presumed to be passably intelligent.
  • You are presumed to have good situation analysis and analytical abilities.
  • Your are presumed to be able to write intelligibly and speak articulately.
  • You are presumed to be task focused.

  • Only you know whether all these things are true, but you won't have to struggle too hard to prove them. In addition, as a trained litigator, you will be blessed or burdened with several other presumptions:

  • You will be presumed to be comfortable operating in adversarial, win-lose or confrontational situations.
  • You will be presumed to be more competitive than tax lawyers, deal lawyers, T&E lawyers or other "win-win" types.
  • You will be presumed to enjoy and be good at "the persuasive arts" -- that is, at making forceful, logical presentations of fact and opinion that will influence people to see things your way, understand your point of view, or buy in to the cause you are espousing.

  • One employment avenue is to "flip to the client side" -- translate some technical discipline you've learned while litigating (toxic tort regulation? real estate leases? Medicare eligibility?) into employment that draws on that expertise. After all, one thing litigators learn in arguing about all the things that have gone wrong is an understanding of what they look like when they go right. Employers may dig that.

    At a more general, "transferable ability" level, ex-litigators tend to be attractive candidates for roles involving situation analysis, synthesizing information, making logical presentations of that information, building rapport and trust with diverse audiences, framing arguments and positions, relating broad policies to specific factual situations and/or holding their own in confrontational situations. You will see a lot of them in such diverse roles as:

  • Governmental relations and lobbying
  • Investor relations
  • Community relations
  • Negotiations of any and all sorts
  • Employee relations
  • Public information and public relations
  • Advocacy of any sort: corporate, not-for-profit, community, etc.
  • Training, coaching and counseling -- whether law-related or not
  • Journalism, commentary, criticism and investigative reporting
  • Process consulting and expert consulting (although for the latter they have to learn a new technical skill set first)
  • Project management
  • Corporate communications and crisis management
  • Executive coaching
  • Teaching, professing, mentoring and instructing (particularly at the concept level, as opposed to the rote skills level)
  • Anything involving articulation of ideas

  • By nature, the majority of people who initially self-select into litigation careers tend to be individual contributors -- they like to do things themselves and to be accorded respect on the basis of subject-matter expertise. That means that in the corporate world you will find more of them in specialist "staff positions" like law, HR, IT, compensation and benefits, labor and employment than in generalist line management positions. This is not to say that ex-litigators cannot and do not manage other people, lead teams or, on occasion, delegate. But their preferred style of management tends toward coordinating others' activity, rather than collaborating. That's why they tend to be good project managers -- either in a trouble-shooting mode or in planning and executing new initiatives.

    There is a downside. Most people regard litigators (even ex-litigators) as, well . . . litigious. They are presumed to be competitive, adversarial, aggressive and power-oriented. That means they often are not welcomed with open arms into highly collaborative settings. If the litigator claims that avoiding constant conflict was the reason for leaving litigation, others' responses vary from, "Yeah. Right" to "Prove it." It is a threshold issue ex-litigators must be prepared to address.

    If you've blown out of litigation after only a short tenure, you are pretty much on an even footing with any other liberal arts educated job-seeker -- with the added pluses of the presumptions listed above. The longer you've been at it, the more you have to defend your prior career choice and explain why you're willing to leave a position and professional most non-lawyers view as prestigious.

    And we've talked only about the presumptions of what you can do. Unless you're willing to take any employment that you can get, it behooves you to do some intensive reflection on what you want to do. As I say repeatedly, there are only two interview questions: 1) What value can you add to my organization (and can you prove it in a way I believe); and 2) Why do you want this job, anyway? The first is the competency issue. The second is the motivation issue. A good "fit" in a job or career -- both from your point of view and an employer's -- requires that you have good answers to both those questions. The most common career error I encounter with lawyers is their tendency to confuse what they are capable of doing with what they are temperamentally suited to do. Leaving law is a big step. Make sure it's not a step into free-fall over a cliff.

    Sincerely,
    Douglas B. Richardson
    President, The Richardson Group


     




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