How F#@k'd Am I? Forum

[Anonymous User]

For those who want the skinny upfront:

Basic Question: Is it possible to switch from Corporate to Lit? Not looking to switch right away, likely after my first rotation.

Nuance 1: I was originally supposed to come into the firm at Lit, switched to Corporate before officially starting, but after a few months, considering going back to Lit.

Nuance 2: Personal circumstances really messed with my brain when I emailed the firm asking to switch to corporate.

Background: HYS, Law Review, Federal D. Clerkship, Moot Court

More complex reading:
I recently joined a firm in a major market in the fall coming off of a clerkship. Graduated from HYS. Did well. Was designated to join the litigation department of said firm after the clerkship. During the clerkship, I emailed the firm asking to switch to corporate because I didn't like the clerkship and figured that because I didn't like the clerkship, I wouldn't like litigation. Perhaps faulty reasoning, as Ive come to discover that practicing is entirely different than clerking. During my clerkship I went through a number of personal events that really made for a negative experience (i.e., failed relationship, new city, no friends) and hated it as a result. Having recovered from that experience, and seeing the work I could be doing, I am now like... what did I do? My mentor at the firm suggested talking to professional development--and this seems wise--thought I am thinking at the end of my rotation in corporate because he said that if they went for this, it would have to be final, no more switching, so I figure if I do a year in corporate I will know for certain. Not sure what to do. TLS help me. Should I be looking at other firms while I wait for the rotation (end of 2021) to expire? Happy to answer follow up questions as well. Lost here.

[Fireworks2016]

I hope I’m wrong about this, but I don’t see a way to switch back to Lit at this firm.

If you say you want to switch back now, they’ll think you’re indecisive and not serious about being either a litigator or a corporate lawyer. If you wait a year, they’ll be annoyed that they just wasted a year training you to do corporate matters and then having to start all over again with lit.

If you’re dead-set on making the change back, I think it’d be much smoother at a new firm.

[avenuem]

I hope I’m wrong about this, but I don’t see a way to switch back to Lit at this firm.

If you say you want to switch back now, they’ll think you’re indecisive and not serious about being either a litigator or a corporate lawyer. If you wait a year, they’ll be annoyed that they just wasted a year training you to do corporate matters and then having to start all over again with lit.

If you’re dead-set on making the change back, I think it’d be much smoother at a new firm.

Agree with bold only. Just because someone doesn't see a way to switch does not mean no way exists.

You can ask and it seems early enough to say yes. But asking after a year? Come on, how much good will are you expecting and how many of their resources and much of their time do you want to waste, not to mention being nearly a year behind your peers if you act as planned?

The only reason I would delay your ask to switch is to confirm that you can still easily get a job, using sample feelers for the next week or so, maybe early to mid January, in case you ask to switch and they say no. But even if they said no, I doubt they would boot you at the same time. So maybe you would just have to suck it up doing corporate and considering leaving while you're doing it.

[wanderinglawyer]

Consider if your firm does any regulatory work that has both transactional and litigation aspects. For example, antitrust merger review is deal-related and having a corporate background might be useful, but then you get into the antitrust group which likely has more litigation-type work (second requests have litigation aspects, and mergers can be subject to trial-like challenges, in addition to straight antitrust litigation). The same thing could be true for communications - you have a lot of deal related-work flow, but you could also have proceedings before the FCC that resemble litigation. Healthcare or life sciences is another possibility, depending on how it is structured at your firm. You may have an easier time getting into one of these blended groups with your background and then you can work within the group to refocus on litigation.

[oblig.lawl.ref]

I know it's a super hard decision in many ways but I would think long and hard about what you want to do. I may get shit on for this but I have a number of friends that late in their lit associate career wish they had done corporate. I don't want to overstate the satisfaction one gets as a junior lit associate, but I think junior corporate work can seem even worse. So really think about it. Including exit ops. It's not all rainbows in corporate but many of the lit associates I know struggle to leave the firms compared to corp associates. And lots of HYS clerks who really think they love working hard at elite firms get really sick of it between 3-18 months.

If you're sure you want to do lit, for real, I think you should go through the most formal processes that you can find at the firm (i.e. HR, administrative partners, operating partners, etc.) and as formally as you can, and ideally in a venue where it is a conversation, explain to your firm why you think you made a mistake by switching to corporate but how serious you are about pursuing a career in litigation. I think that looks different at each firm but at my old firm I had a formally assigned mentor partner outside of my group who would be the person I would go to for that.

It sounds like you're early enough in your career where most partners would understand that you're still trying to figure out what you want to do. You should lean on that, I think. Especially if it's a relatively large firm.

[Anonymous User]

I did a similar move early in my career. A few thoughts:

-I do not think it is a huge issue to do a year of corporate, and then switch to litigation. As a clerk, and given what junior litigators do, you will quickly come up to pace on the substantive work. And the grunt work (document review and discovery), is not very edifying or difficult to pick up.

-More importantly, however, you should think really deeply about whether you want to make the switch, why, and what your long term aspirations are. The exit options for litigation - outside of pure litigation - are abysmal. It is difficult to move to in-house; gov't pays poorly; and staying in big law or mid law long term is very painful, especially if you do not absolutely love what you do (and moreover, is not very profitable so your actual chances of making partner are terrible). Corporate, while perhaps less interesting in the short term - although again, being on a mega-case for three years, doing document review, is not particularly exhilarating - opens up many, many more doors, especially in the world beyond law firms (e.g., in business, in a legal, quasi-legal, or even purely business role).

Hope this helps.

[jotarokujo]

You should make the move ASAP.

but before you do so, you should carefully think about whether it's right for you.

[CanadianWolf]

OP: Yes, you should be looking at opportunities at other law firms in your situation. Based on your posted credentials, you should do well. Important to be able to clearly articulate your reasons for seeking the switch from corporate to litigation beyond what you have shared here.

[Itcamefromthesea]

My guess is that if you want to switch, now is the time to try before any partners start relying on you as a resource. Just generalizing based on my own experience, but as a new attorney it will be several years before you have enough social capital at a big firm for a partner to consider inconveniencing themselves for your benefit. After a year, you will be part of the work pipeline and they will not want to disrupt that to allow you to switch.

[Anonymous User]

OP here. Thanks for all the great input. I spoke with my informal mentor on the lit side and he told me that he has friends in the firm who switched after their two year corporate rotation. But I think what this thread has taught me is that I need to think long and hard about this decision. There are aspects of litigation that I enjoy, and others that I despise. Perhaps that is just the nature of work. But I am currently applying to a appellate level clerkship and might use that as an out if it comes through. I figured that I really want to see what corporate work is about in a post-pandemic world where I actually go to the office in a major market and not work from home in the backwoods of the middle of nowhere. But I think one thing that we can all agree on is that I need to make a decision within a year or so. Any other thoughts are always welcomed here.