ADA to Federal Probation Officer, Exit Options? Forum

[Anonymous User]

I know this is an unusual question, one that probably doesn't get asked much here. I'm an ADA who is trying to get out of state-level prosecution. I don't want to reveal too many details publicly, but I'm getting close to 10 years out of law school. I've applied to numerous AUSA and SAUSA positions in the last 12 months, and have interviewed at a handful of locations (mainly in rural markets), but have not received any offers. I'm open to practicing general civil litigation in an urban market but don't have much civil experience aside from a few personal injury cases and one small products liability case. Since 2015, I've periodically tested the waters by applying to small law and mid-law litigation firms, but I've never received an interview offer. I'm starting to feel locked into local criminal law at this point and burnout is a concern.

There's a federal probation officer position that I'm qualified for in a place I'd like to live long-term. It's a pretty big pay cut though, about 40%, and cost of living is much higher there. I'd like a change of pace, but still want to do something either involving criminal law or something court-related. I'm not opposed to applying for a more traditional law enforcement job. So if I receive/accept a probation officer job at the federal level, is that the end of my law career? Or could it be some type of unorthodox stepping stone to a special AUSA position down the road? Do you think a local ADA office would hire me after doing probation work for a few years?

[Anonymous User]

I’m currently an AUSA and while I love (most of) the federal probation officers I work with, it is a very very different position than being a lawyer. Granted, understanding the law will be valuable for calculating sentencing guidelines, but given that the federal sentencing guidelines are one of the biggest thing state prosecutors have to learn when they come over to our office, your state experience may not give you that much of a leg up. All the supervisory aspects of the job are hugely unlike what the lawyers do.

To be quite honest I think that someone could probably go probation officer —> ADA —> AUSA more easily than ADA —> probation officer —> AUSA (or even other law job). Pivoting to a probation job just looks like you don’t want to practice law any more. It’s not inconceivable that you could get to know a lot of AUSAs on the job and get a foot in the door that way, but I think you’d look like a weird/weak candidate. Everyone I’ve seen get hired in both offices I’ve worked in has come from litigating positions (biglaw/other USAOs/state prosecution/JAG) and I don’t think the experience you’d get as a PO would be seen to add much value.

I can’t comment from experience on whether you could get an ADA gig after, but I don’t see federal probation work being very transferable. I can see getting hired on the strength of the experience you have now, depending on office need and supply/demand, but not because of the probation work. I think a more likely exit option would be working on sentencing policy/legislation or in some other kind of reentry program.

This may be too pessimistic, so take it with a grain of salt. But I’ve just never seen that kind of crossover.

[anon sequitur]

Federal probation exit option is generally retirement, mandatory retirement at age 57 is one of the relatively few perks of the job. It's hard for me to see someone turning this into an AUSA or SAUSA position. I do know one probation officer who is an attorney who passed the bar, I think that application would probably stand out pretty well.

[Anonymous User]

Thanks to you both for taking the time to provide that input. It seems like a tenuous move at best, especially considering that I am still advancing in my office and that I'm generally well regarded as a trial attorney. I dislike the idea of giving that up and starting over. I may be better off staying where I am and gaining more complex trial experience. I've heard of a couple attorneys moving over to federal probation, but none of them have gone back into the practice of law.

The truth is that I'm likely presently too weak of a candidate to secure an AUSA/SAUSA position the traditional way. It's not inaccurate to say that I'm getting a little disillusioned with the practice of law, at least in my current office. I've been able to make it to a couple second round AUSA interviews, but haven't interviewed well enough or been qualified enough to get an offer. After about 50 applications, and flying all around the country the last year, it became financially straining and I gave up. Possible that uncompensated SAUSA positions are less competitive, but I'm not in a position to work for free unfortunately. In light of all the above, that's one reason I'm exploring other law-related options that may let me revisit that path at a later date.

[JayDubya]

Why not other federal law enforcement jobs (FBI, DEA, etc)? They pay much better and I’ve seen at least on guy on LinkedIn who went from law to federal law enforcement to AUSA.

[Anonymous User]

Good question. Certainly I think that a more traditional federal law enforcement job (i.e. 1811 series), would be a better fit for my interests and skillset. The pay is also much more livable because 1811s get overtime/LEAP.

I'm not sure I would be eligible though. In college, I had a conditional offer with the FBI, and was turned down because I was inconclusive on the polygraph. I took it twice. I had never even been around drugs, but I had trouble with that question. I'm willing to take it again, but don't know if it's a hard or soft barrier that I didn't make it past the polygraph with the DOJ 15 years ago.