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I’m a mid-level litigation associate at a fairly large regional firm. I lateraled from a big firm two years ago to specialize in an area of litigation. I really like my current firm—the people and work are great. However, base salaries are under market by around 20%. The firm gives out very generous hours bonuses that basically true you up to a market base salary, but I’ve never been able to bill enough to get one even though I’m always asking for work and the bonus threshold is a pretty reasonable number of hours. I thought I was the only associate in the group that was slow, but other associates in the group are slow too and have worse hours than I do, which was surprising since my hours are really bad. It’s a small practice group and about half of the associates are out on leave, and it didn’t change my hours much, which is concerning. I’m also in a practice group that should be slammed due to the pandemic. Nonetheless, no matter how much I ask the work just isn’t there to fill my plate.

I started looking for other jobs and got an offer from my old firm. I left on good terms and they seem pretty excited by the possibility of me returning to the firm. I loved the people at my old firm and the work, but I left because they hadn’t been promoting associates to partner in the region I worked in. That’s changed since I left as they’ve finally promoted several associates to partner in the area. The position would have me doing a mix of my current litigation specialty and general commercial litigation. The old firm pays market salaries, so I’d be getting a significant raise. I was ready to accept until I found out the only associate senior to me in my group put in notice to go in house.

My goal is to make partner at either firm or go in house in a few years. I’m concerned that at my current firm I’ll never be busy enough to get anywhere close to being a partner as this year I’m on pace to be way under my expected hours and it was even worse last year. On paper the fact that the more senior associate is leaving should help me get busier but the associate has been on leave for several months and it hasn’t really impacted my hours. I’m not worried about being fired in the short term, but the slowness of the group concerns me for the long term health of the group at the firm and because I’m not getting the experience I should be getting. My concerns with the old firm are partnership prospects and the ability to go in house when not exclusively doing my current litigation specialty.

Anyone have any advice for a situation like this?

My initial thought is you have nothing to lose by taking the money and going back to a situation at your old firm that is as good or better than your current firm (certainly doesn’t seem worse).