Patent agent - top IP boutique or top general Biglaw? Forum

[Anonymous User]

I'm working as a patent agent now; accepted into a law school evening program.
Now I have offers from a top IP boutique (Fish/Finnegan/etc.) and a general Biglaw (Am100 top 5); Pay is similar after considering law school tuition; most significant difference is:
1. if I go to IP boutique, I have to relocate and reapply for PT in Fall 2015; or
2. if I go to Biglaw, I can start law school right now.

I'd really appreciate some insights on following Qs:
a. I'm inclined to start law school now, so I can be an attorney one year earlier. But would 1L study + new Biglaw job simply be too much to handle? I can work 70+ hours/week, but would that be enough? There is no clear billable hours requirement from Biglaw, but I have to prove myself nonetheless.

b. Work/career prospect: diverse work and many partners at boutique, thus job security, but much more difficult to stand out from others; the patent group at Biglaw is relatively weak with only a few local partners, thus less security, but much easier to stand out. Which situation is better overall? What about marketability after 5-8 years in case I have to change job as an associate?

[Anonymous User]

add: I'll work on prosecution and some litigation at both places; Not sure which is better b/c so far I only have prosecution experience.

[oblig.lawl.ref]

I know nothing about IP but that all sounds fantastic. Congrats I guess.

[Genthree]

I'm working as a patent agent now; accepted into a law school evening program.
Now I have offers from a top IP boutique (Fish/Finnegan/etc.) and a general Biglaw (Am100 top 5); Pay is similar after considering law school tuition; most significant difference is:
1. if I go to IP boutique, I have to relocate and reapply for PT in Fall 2015; or
2. if I go to Biglaw, I can start law school right now.

I'd really appreciate some insights on following Qs:
a. I'm inclined to start law school now, so I can be an attorney one year earlier. But would 1L study + new Biglaw job simply be too much to handle? I can work 70+ hours/week, but would that be enough? There is no clear billable hours requirement from Biglaw, but I have to prove myself nonetheless.

b. Work/career prospect: diverse work and many partners at boutique, thus job security, but much more difficult to stand out from others; the patent group at Biglaw is relatively weak with only a few local partners, thus less security, but much easier to stand out. Which situation is better overall? What about marketability after 5-8 years in case I have to change job as an associate?

What are the law schools you would be attending at the different firms? Are we talking something like GW v. Suffolk?

[kcdc1]

Was in a similar situation with option to work through school as an agent, but I chose NU's AJD program. Between some merit aid and finishing a year early, it came out as a better financial decision than doubling up school and work for 4 years. That said, working is a very good option too. I'd probably start now rather than wait an extra year.

[mvpforme]

Go to the one more likely to offer you a summer associateship, which is probably the biglaw firm (more spots).

[Anonymous User]

I'm working as a patent agent now; accepted into a law school evening program.
Now I have offers from a top IP boutique (Fish/Finnegan/etc.) and a general Biglaw (Am100 top 5); Pay is similar after considering law school tuition; most significant difference is:
1. if I go to IP boutique, I have to relocate and reapply for PT in Fall 2015; or
2. if I go to Biglaw, I can start law school right now.

I'd really appreciate some insights on following Qs:
a. I'm inclined to start law school now, so I can be an attorney one year earlier. But would 1L study + new Biglaw job simply be too much to handle? I can work 70+ hours/week, but would that be enough? There is no clear billable hours requirement from Biglaw, but I have to prove myself nonetheless.

b. Work/career prospect: diverse work and many partners at boutique, thus job security, but much more difficult to stand out from others; the patent group at Biglaw is relatively weak with only a few local partners, thus less security, but much easier to stand out. Which situation is better overall? What about marketability after 5-8 years in case I have to change job as an associate?

What are the law schools you would be attending at the different firms? Are we talking something like GW v. Suffolk?

No, the law schools would be comparable; all tier 1 schools.

[Genthree]

I'm working as a patent agent now; accepted into a law school evening program.
Now I have offers from a top IP boutique (Fish/Finnegan/etc.) and a general Biglaw (Am100 top 5); Pay is similar after considering law school tuition; most significant difference is:
1. if I go to IP boutique, I have to relocate and reapply for PT in Fall 2015; or
2. if I go to Biglaw, I can start law school right now.

I'd really appreciate some insights on following Qs:
a. I'm inclined to start law school now, so I can be an attorney one year earlier. But would 1L study + new Biglaw job simply be too much to handle? I can work 70+ hours/week, but would that be enough? There is no clear billable hours requirement from Biglaw, but I have to prove myself nonetheless.

b. Work/career prospect: diverse work and many partners at boutique, thus job security, but much more difficult to stand out from others; the patent group at Biglaw is relatively weak with only a few local partners, thus less security, but much easier to stand out. Which situation is better overall? What about marketability after 5-8 years in case I have to change job as an associate?

What are the law schools you would be attending at the different firms? Are we talking something like GW v. Suffolk?

No, the law schools would be comparable; all tier 1 schools.

If you eventually want to prosecute, go boutique. If you eventually want to litigate, go general practice.

[kcdc1]

Disagree with above. Some top IP boutiques seem to do plenty of lit. Depending on the firm, it seems like boutique staffing is somewhat more likely to be done within a single office whereas the GP firms will staff matters with attorneys from across the country. Presumably, they have to do this because GP firms rarely have more than 10 or so IP attorneys in a given office.

[Genthree]

Disagree with above. Some top IP boutiques seem to do plenty of lit. Depending on the firm, it seems like boutique staffing is somewhat more likely to be done within a single office whereas the GP firms will staff matters with attorneys from across the country. Presumably, they have to do this because GP firms rarely have more than 10 or so IP attorneys in a given office.

While there are definitely boutiques that have excellent litigation practice (I'm looking at you, Fish), I think it's useful for a litigator to interact with attorneys from other practice groups. Because IP is intertwined with other areas of law like antitrust, being able to glean information from other groups can provide an advantage for a newly minted lawyer. Prosecution, on the other hand, is fairly straightforward and works well as a specialist field. Most GP firms view it as a loss-leader to begin building relationships for their corporate or litigation practice.

[Anonymous User]

While some firms (GP and boutique) may do prosecution and litigation, many may want you to choose your specialty in any case, because the schedules can be difficult to juggle. You should ask up front about what would be expected of you in that regard. If you start as a patent agent, there may be a good likelihood of staying in prosecution as an associate.

As for firms and schools, what cities are they in? Consider taxes and living costs.

For the offers that you have, is the tuition reimbursement scaled depending on grades (e.g. 100% for A, 80% for B, etc.)? What kind of service agreement would be required for tuition reimbursement (e.g. stay at the firm 1 month per 4 credits / 1 month per credit / 1 year following any reimbursement)?

I know of people at big IP boutiques that you mentioned who have manageable schedules as students, and also those who barely get time to go to class or sleep. It largely depends on the people you work for and the cases you work on. You may not have much control over your schedule, but ask up front how the firm prioritizes class time and whether you can count on other attorneys for help with school in case you have to miss classes.

If you are thinking of DC schools, at least, I hear the USPTO has tuition reimbursement as of this year, although the service agreements may be strict, and the starting pay may be below what some firms pay agents. However, you may be able to start at a higher rank than most entry-level patent examiners because of your experience as a patent agent, and examining experience may open doors at any firm that does IP work.

If you go to a boutique you can probably lateral to other boutiques or smaller firms, but you may have trouble getting past HR screeners at some big GP firms if the name of the boutique is not known by the recruiters, I suppose. I don't think there would be difficulty lateraling out of a big name V10 firm in any event. That's just guess work on my part.