Is Personal Injury a Tar Pit? Forum

[theswisswereright]

Insert sad and specific story about my employment difficulties, but the point here is that I am having trouble, like many people, finding a job (because pandemic).

I really don't WANT to work in personal injury, plaintiff's side employment discrimination, or workers' comp, but I am beginning to see that these types of firms may be my only option outside unemployment right now. If you're from the South, I'm talking Morris Bart-type firms here. Nothing against people who do this work, but I had some experience before and during law school experience with this area, and I very much disliked it. Almost every other kind of job post I see is asking for years of specific experience that I don't have. I would not enjoy this work, but at least I could keep a roof over my head.

The thing is, I constantly hear that once you start working in this type of field, you can never get out. I don't know how true that is, and I wanted to hear what other people had to say. Could I lateral to some other type of litigation in a couple years, or is this kind of experience a scarlet letter? Would I be better off working in some legal-adjacent field until hiring improves?

I think I have okay credentials, if that impacts anyone's advice (top 25% at a low T1 school, senior board of secondary journal, AIII clerkship, licensed in two states and eligible for admission anywhere that takes the UBE). Thank you for reading.

[2013]

By low T1, do you mean a top 50 school or a top 100 school? I ask because I think where you go to school will still dictate your next job. I know people who have gone from employee side employment to places like Seyfarth/Littler/Ogletree, but they also were from like top-25 schools. I know one who was able to then go from there to a Morgan Lewis/Jones Day/Paul Hastings kind of firm.

[nealric]

Keep in mind that personal injury experience can vary quite a bit.

If you go to a settlement mill (one that usually does mostly small car accident cases), there will be very little actual legal work. They do nothing but collect medical records and write demand letters. If they do actually file suit, it will be a copy paste form.

If you go to a better personal injury firm (one that does more high dollar cases and perhaps some mass tort type work), you may have the opportunity to get really good trial experience. Those firms go for quality over quantity, which will reflect in your work opportunities.

To the extent that PI can be a tar pit, it's because you may not get much substantive experience working it. If you can find a PI firm where you will get good experience, it may not be so bad and could be transitioned into a more general litigation practice.

[Lacepiece23]

Good PI lawyers are the richest in the profession. If you start your own firm and can get business, you’ll be very well off. Most lawyers are too risk a Reese or don’t want to lose prestige to take on such an endeavor.

[theswisswereright]

By low T1, do you mean a top 50 school or a top 100 school? I ask because I think where you go to school will still dictate your next job. I know people who have gone from employee side employment to places like Seyfarth/Littler/Ogletree, but they also were from like top-25 schools. I know one who was able to then go from there to a Morgan Lewis/Jones Day/Paul Hastings kind of firm.

Top 50 is what I meant.

[theswisswereright]

Good PI lawyers are the richest in the profession. If you start your own firm and can get business, you’ll be very well off. Most lawyers are too risk a Reese or don’t want to lose prestige to take on such an endeavor.

I wouldn't want to start my own firm (personal injury or otherwise). I know myself well enough to know that I need someone outside my own head holding me accountable. I also believe I would be miserable no matter what amount of money I made because of how much I dislike the work. Thank you for your advice, though.

[theswisswereright]

Keep in mind that personal injury experience can vary quite a bit.

If you go to a settlement mill (one that usually does mostly small car accident cases), there will be very little actual legal work. They do nothing but collect medical records and write demand letters. If they do actually file suit, it will be a copy paste form.

If you go to a better personal injury firm (one that does more high dollar cases and perhaps some mass tort type work), you may have the opportunity to get really good trial experience. Those firms go for quality over quantity, which will reflect in your work opportunities.

To the extent that PI can be a tar pit, it's because you may not get much substantive experience working it. If you can find a PI firm where you will get good experience, it may not be so bad and could be transitioned into a more general litigation practice.

The place I worked previously was definitely a settlement mill-- never went to trial and only went to court at all one time in two years.

I'll make sure I ask careful questions if I interview with any PI firms about what kind of work they take on/ what kind of work I'll be doing.

[Anonymous User]

In terms of exit options, I know of a handful of friends who have gone from generally well-regarded PI firms, like Littler, Ogletree, or a regional mid-law firm that is almost equivalent in the market (i.e. not a 2-3 person firm), to complex plaintiff-side securities litigation (at firms like Robbins Geller).

If you like plaintiffs-side litigation, you can get great experience, depending on the firm, and trade up to more complex work later. But, I imagine it's much harder to transfer to defense side work after a couple of years in PI (I anecdotally don't know anyone who has).

[lavarman84]

If you don't want to do it, it's worth fully exploring your other options, including applying for jobs that state they want more experience. Are you living in the same general region as the judge for whom you clerked? I don't know what y'all's relationship is like, but this could be a good time to call on your judge to see if he/she could give you a hand.

[burritotaco]

Keep in mind that personal injury experience can vary quite a bit.

If you go to a settlement mill (one that usually does mostly small car accident cases), there will be very little actual legal work. They do nothing but collect medical records and write demand letters. If they do actually file suit, it will be a copy paste form.

If you go to a better personal injury firm (one that does more high dollar cases and perhaps some mass tort type work), you may have the opportunity to get really good trial experience. Those firms go for quality over quantity, which will reflect in your work opportunities.

To the extent that PI can be a tar pit, it's because you may not get much substantive experience working it. If you can find a PI firm where you will get good experience, it may not be so bad and could be transitioned into a more general litigation practice.

Agree with this. There are plenty of PI firms that do good, respectable work, and their associates get excellent experience. If you learn how to litigate and get relevant experience, it will open up lots of doors irrespective of subject matter.