Big Law to Crim Law Forum

[Anonymous User]

Hey All,

Posting anon because of Peronal info. I am coming up on two years in biglaw in an antitrust lit group, working mostly in an MDL. I don't hate it but I don't want to do it forever, and have always wanted to pivot to criminal law. Ideally, I want to be NYC and I want to be a prosecutor (be it AUSA or ADA). I gradated from a lower t14 around top 1/3 though without any letters. Can someone provide some insight on how to transition from big law to crim law with regard to: (1) timing; (2) experience I should try to get from my group; and (3) networking? Thank you very much for any and all advice.

[Anonymous User]

To do "real" criminal defense (not internal investigations), the best places to be in New York are the white-collar boutiques, which mostly but not exclusively hire federal clerks. Look at the White Collar Specialist Firms listing on Chambers.

A clerkship would also help to become an AUSA, and you would probably be competitive in some districts, but probably not the New York-area ones.

New York has the most competitive prosecution offices in the country, and if you're willing/able to live somewhere else (especially if you have ties), it may be easier to move and break into criminal work there. I think that it realistically will be tough for you to become an SDNY or EDNY AUSA.

If you can't move firms or locations, I would try to at least move to the white-collar group in your firm--I don't think antitrust MDL work is particularly helpful except maybe for criminal antitrust work.

[gingerbread]

You need to find a way to develop (1) criminal law experience, (2) trial/courtroom experience, and (3) a demonstrated interest in public service. If I were you, I would focus on applying to federal clerkships. In the meantime, try to get staffed on a matter or two with a partner who used to be at main justice or a USAO, preferably in your firm's white collar group (assuming it has one). If you can get that partner to be a reference and tap their professional network for you, it will make all the difference in setting you apart from the many other big law refugees vying for DOJ/AUSA jobs. Some firms have pro bono programs where you can represent indigent defendants in criminal trials -- does yours? If so, jump all over that and take on as much hands-on work as you can for that matter. If not, administrative or immigration hearings can generate similar experiences that you can play up.

[Anonymous User]

Your firm may not do this, and/or it may not be an option from your current group, but some biglaw firms have programs where they lend associates to the local DA’s office for 6 months or so. That’s a good option if it’s available. I agree that clerking and doing criminal pro bono are really important for AUSA. (Not sure about the NYC ADAs, sorry.)

[Anonymous User]

OP Here- thanks all, I really appreciate all the advice. For clerking, does it matter where I clerk? I have almost no chance at SDNY and similar districts but I do have ties in my home town such that I think it is feasible to get a clerkship there.

[jotarokujo]

OP Here- thanks all, I really appreciate all the advice. For clerking, does it matter where I clerk? I have almost no chance at SDNY and similar districts but I do have ties in my home town such that I think it is feasible to get a clerkship there.

shouldn't really matter

[Anonymous User]

It's one of the worse thing about law. You graduate, end up in a practice area you know next to nothing about, and after a year or two realize there is something else you would like more and also be better at. Except you can't make the leap, because you're stuck in your practice area and seen as someone who is specializing in that area. We all know that there are a lot of lawyers who are in the wrong practice area, but nonetheless we won't allow people to make the jump. Which makes sense, since it is inherently risky.

I myself had similar ambitions, where I wanted to go into white collar criminal defense, but after a few years of trying, I just gave up and decided to stay put in a practice area where I'm middling at best.

But yes, as others have indicated, try to get involved in applicable pro bono matters, clerkships, and network with law firms/governmental agencies. I think you might also be able to get articles published, to further indicate your actual interest in the area.

[bigcityattorney]

Getting into criminal law is not hard. Getting into criminal law making a BigLaw salary is damn near impossible. If you are willing to work as an ADA in up state NY, you would have no problem getting hired. If you are willing to work as a defense attorney taking appointed work at $75 an hour, you would have no problem. If you are set on getting into SDNY USAO, you should probably start with a Supreme Court clerkship.

[Anonymous User]

To do "real" criminal defense (not internal investigations), the best places to be in New York are the white-collar boutiques, which mostly but not exclusively hire federal clerks. Look at the White Collar Specialist Firms listing on Chambers.

A clerkship would also help to become an AUSA, and you would probably be competitive in some districts, but probably not the New York-area ones.

New York has the most competitive prosecution offices in the country, and if you're willing/able to live somewhere else (especially if you have ties), it may be easier to move and break into criminal work there. I think that it realistically will be tough for you to become an SDNY or EDNY AUSA.

If you can't move firms or locations, I would try to at least move to the white-collar group in your firm--I don't think antitrust MDL work is particularly helpful except maybe for criminal antitrust work.

This seems right to me. If you're really committed to the switch, I would clerk (not sure where your hometown is, and it doesn't really matter, but somewhere in the 2d Circuit or Florida/California would be better than somewhere in, say, Nebraska or Alabama), then apply to a boutique like those referenced above, then after a few years try and jump to the AUSA if that's still interesting to you. Many of the top boutiques start out at market but fall after a year 5 or so, so it would be a pay cut, but you'll get more substantive and relevant experience for an AUSA job than you will in a big firm doing internal investigations.