Top Law Schools

Hey y'all, is it possible to switch from litigation to transactional practice or the other way around if it's done early in your career? Are there differences between industries, markets, and firms?

Anonymous User wrote: ↑

Fri Oct 01, 2021 12:05 pm

Hey y'all, is it possible to switch from litigation to transactional practice or the other way around if it's done early in your career? Are there differences between industries, markets, and firms?

How early? Second year take a year cut (or you might not have to) and you're set. Third year and up might be a little harder due to the year cuts you may have to take.

Easy for tax at various levels because tax litigation/controversy issues are not really that different from what the transactional folks are grappling with.

Anonymous User wrote: ↑

Fri Oct 01, 2021 12:05 pm

Are there differences between industries, markets, and firms?

Of course there are. This also varies temporally as relative demand for lit/trans associates ebbs and flows (now would be a great time for a first- or second-year to hop over to transactional; call a recruiter).

I did it as a fourth year in litigation when I moved in house. I'm in a purely transactional role now, but as GC I handle a decent amount of litigation so my lit background is extremely helpful.

We just had a 4th year litigator switch over to corporate because he really wanted it and we were desperate. He's considered a 1st year for staffing purposes, functions more like a 2nd year though obviously because he has been practicing. Not sure what his class year is for pay.

What about switching from tax/ECB to general lit/corporate? Is it possible?

Anonymous User wrote: ↑

Thu Oct 07, 2021 11:12 am

What about switching from tax/ECB to general lit/corporate? Is it possible?

Tax/ECB to corporate is possible, but you’ll have to probably take a haircut in class.

Anonymous User wrote: ↑

Thu Oct 07, 2021 11:12 am

What about switching from tax/ECB to general lit/corporate? Is it possible?

This would be a dramatic shift among practice areas tantamount to starting anew in the practice of law.

I know a few people who have done this, and I tried to myself many years ago. Some thoughts:

Possible? Yes. Agree with the others that have said it will depend on market conditions. For the last few years (even pre-COVID) it’s been easier to go from litigation to transactional than vice versa. That may change in the future, or it may not.

It gets markedly more difficult to make this switch after your first year or two, and especially if you’ve lateraled before. That isn’t to say impossible, but if you know you hate litigation, you’re better off making a break to corporate as a second year versus trying a different litigation firm or litigation practice area and thinking you’ll be able to retool to transactional as a 5th year if it doesn’t work out (and vice versa). I have a few ideas as to why this is, but no need to get into that now. Be prepared to start as a first year and to be expected to deal with all the drudgery and crap first years have to deal with.

It is somewhat easier to make a jump if your specialty has a mirror specialty in the other area. So an IP litigator would have an easier road jumping to tech transactions than someone with no connection to the group they’re trying to switch into.

Anonymous User wrote: ↑

Thu Oct 07, 2021 11:12 am

What about switching from tax/ECB to general lit/corporate? Is it possible?

These are four different scenarios with varying difficulty. Tax to corporate is probably the easiest switch (though still not easy). ECB to lit might be the hardest.

Yes it happens. A 9th year litigator at my firm went in house to a purely transactional role. Jordan Goldstein (Selendy Gay) was a transactional associate for several years before becoming a litigator.