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Can you have your own firm while working in house?
Posted: Wed Mar 13, 2019 6:14 pm
by Anonymous User
Let's say you work for Google in house as a general lit associate. Can you also have your side business for SEC/securities litigation defense? Or is this prohibited by some rules?
This hypothetical takes place in CA.
Re: Can you have your own firm while working in house?
Posted: Wed Mar 13, 2019 6:40 pm
by BasilHallward
Good luck pulling this off.
Re: Can you have your own firm while working in house?
Posted: Wed Mar 13, 2019 6:55 pm
by s1m4
I have seen this with seniors I interviewed with at smaller firms (like someone will be in house counsel, and then also of-counsel at the firm I interviewed with), so I think so, dont let the naysayer above dissuade you, look for people like that on linkedin and do your own research.
Re: Can you have your own firm while working in house?
Posted: Wed Mar 13, 2019 7:02 pm
by BeeTeeZ
Anonymous User wrote:Let's say you work for Google in house as a general lit associate. Can you also have your side business for SEC/securities litigation defense? Or is this prohibited by some rules?
This hypothetical takes place in CA.
In this hypothetical situation, assuming it's possible, when/how would you make time for your clients and court appearances? Clients, courts, and Google would require your attention during normal business hours, so at the very least this seems impractical.
Re: Can you have your own firm while working in house?
Posted: Wed Mar 13, 2019 7:08 pm
by Anonymous User
BeeTeeZ wrote:Anonymous User wrote:Let's say you work for Google in house as a general lit associate. Can you also have your side business for SEC/securities litigation defense? Or is this prohibited by some rules?
This hypothetical takes place in CA.
In this hypothetical situation, assuming it's possible, when/how would you make time for your clients and court appearances? Clients, courts, and Google would require your attention during normal business hours, so at the very least this seems impractical.
I would likely do part time in both, with another partner at the firm.
Thanks for everyone's replies.
Re: Can you have your own firm while working in house?
Posted: Wed Mar 13, 2019 7:42 pm
by BeeTeeZ
Anonymous User wrote:BeeTeeZ wrote:Anonymous User wrote:Let's say you work for Google in house as a general lit associate. Can you also have your side business for SEC/securities litigation defense? Or is this prohibited by some rules?
This hypothetical takes place in CA.
In this hypothetical situation, assuming it's possible, when/how would you make time for your clients and court appearances? Clients, courts, and Google would require your attention during normal business hours, so at the very least this seems impractical.
I would likely do part time in both, with another partner at the firm.
Thanks for everyone's replies.
I understand your reasoning to be part-time + part-time = full time. But what happens if/when Google requires you to be at A location and do B work at the same time a client requires you to be at X location and do Y work? It seems likely that such a conflict would arise at some point, even if both roles are part-time. How would you handle it?
Re: Can you have your own firm while working in house?
Posted: Wed Mar 13, 2019 9:18 pm
by ringdabell
your employment contract will in almost all cases prohibit this
Re: Can you have your own firm while working in house?
Posted: Wed Mar 13, 2019 10:47 pm
by BasilHallward
Anonymous User wrote:your employment contract will in almost all cases prohibit this
Apologies for the anon. I was the original naysayer who responded first to OP. And the above was my point. Google will almost certainly not allow this. It just seems wildly impractical. But YOLO
Re: Can you have your own firm while working in house?
Posted: Thu Mar 14, 2019 8:27 am
by nealric
I suspect this would be grounds for termination at most places. You run the risk of significant conflicts of interest, both in the technical legal sense and in the broader sense of trying to serve multiple masters.
Re: Can you have your own firm while working in house?
Posted: Mon Mar 18, 2019 1:05 pm
by FND
I've known people to do it, both at a junior level (recent grad) and a senior level (former biglaw partner). Plenty of attorneys are part-time general counsel our outside general counsel to several companies.
On that same note, a classmate of mine right out of law school was doing midlaw while also having his own business (that was most certainly legal-related, bar passage required kind of work)
The quick answer is that it depends on the company. Smaller companies will be a lot more amenable to it than a Fortune 500 type company.
Re: Can you have your own firm while working in house?
Posted: Mon Mar 18, 2019 1:18 pm
by nealric
FND wrote: Plenty of attorneys are part-time general counsel our outside general counsel to several companies.
That's very different. It's really the same thing as just practicing general corporate law at a firm. "Outside general counsel" is mostly a marketing thing for such attorneys who are looking for a steady stream of business in exchange for pre-negotiated rates. No company who is bringing you on as a full time W-2 employee is likely to be happy with you running an unrelated law practice.
Re: Can you have your own firm while working in house?
Posted: Mon Mar 18, 2019 1:22 pm
by Anonymous User
nealric wrote:FND wrote: Plenty of attorneys are part-time general counsel our outside general counsel to several companies.
That's very different. It's really the same thing as just practicing general corporate law at a firm. "Outside general counsel" is mostly a marketing thing for such attorneys who are looking for a steady stream of business in exchange for pre-negotiated rates. No company who is bringing you on as a full time W-2 employee is likely to be happy with you running an unrelated law practice.
full time W-2 probably not. part-time, K-1 or 1099? usually not a big deal