Leaving private practice for DOJ? Forum

[Anonymous User]

Seeking advice, especially from people who've experienced a similar choice at a similar stage in their career.

I'm a 5th-year associate (clerkship plus 3.5-ish years at a firm) who's considering taking an offer from a litigating section of the Civil Division. I've been at the same firm for the time that I've been in private practice, and while it's generally been a good (and, at times, very rewarding) experience, I feel like my development as an attorney is somewhat arrested. I have taken and defended depositions, written dispositive motions, etc., but I don't have much trial experience, and I generally want more ownership over my work than an (even senior) associate at a large law firm typically gets.

The DOJ offer sounds like a great opportunity, but I have some reservations. Given my seniority, I'm a little worried that eventually transitioning back to private practice (if I wanted to) would be difficult. I'm also worried that, because the section I'm joining is somewhat specialized, I'd have trouble finding work as a generalist litigator if I returned to the private sector. Other than those concerns, I think the job would be great for my development and would provide as much trial experience as I could reasonably tolerate.

There's a substantial risk that I'm overthinking this. I have a pretty strong resume (coif at a T10, law review, prestigious firm experience, COA clerkship, etc.) and am generally pretty likeable. But I'm worried that this move may be ill-timed.

[Anonymous User]

I don't think it's ill-timed. When, going forward, would be a better time? You may not be able to get back to the same firm, but if you stick it out in government and get substantial xp/title, can go back to private practice as a partner at a lower-ranked firm. Unless you think you're in the running for equity partner at your current firm now, or very very soon, I'm not sure this is a hard decision!

[Anonymous User]

I agree generally with the poster above (for context, I work for DOJ but not the civil division, and haven't made the specific transition you're talking about, so feel free to take this with a grain of salt). Re: getting back to a firm - frankly, at this point, I think you'd probably be best off staying at DOJ long enough to get enough skills to go back to private practice as partner. Although if you get there and decide pretty quickly that you absolutely hate it for whatever reason I think you could bail relatively easily, too. I just think that if you tried to go back at the point at which you would normally be just about to come up for partner (year 8ish?), that might be a little difficult.

As for returning to the private sector as a generalist litigator, not saying that couldn't still happen, but I think one does tend to specialize a lot in the federal government. That said, how it affects your exit options depends in part on what you're specializing in and how relevant it is to private practice, b/c my sense is that part of how you can sell yourself after government work is precisely as a specialist who knows stuff most people won't. So if you're doing, say, health care stuff, I bet that specialization would transfer. If you're doing FTCA work, maybe a little less so.

And that said, people pivot a lot throughout their career. Getting good civil trial experience will make you stand out even if it's in a specialized area. I wouldn't overthink it too much.

[Anonymous User]

I made a similar move (firm to DOJ around year 5), but I knew I wanted to specialize in my component's work. I've gotten more "stand up" experience than I did at my firm.

DOJ positions are difficult to time. You never know when positions will open up between vacancies, budgeting, Congress, whatever.

My impression is that, at the partner level, the "generalist litigator" is rare. You might work on a wide range of cases, but you would still have a focus area.

[Anonymous User]

The civil division is awesome. It sounds like you are receiving exemplary experience at your firm, comparatively speaking (most fifth years in biglaw don’t get close to first chairing their own depos), but the matter variety and autonomy one has anywhere in CLB or FBP are largely inaccessible to most firm lawyers. Personally, I left my firm and went to Gov’t in part because I had a kid and in short order burned out of the hours and constant availability demands of firm life. If you actually like biglaw and your firm and have solid partnership prospects, either choice would be sound.

[Anonymous User]

The civil division is awesome. It sounds like you are receiving exemplary experience at your firm, comparatively speaking (most fifth years in biglaw don’t get close to first chairing their own depos), but the matter variety and autonomy one has anywhere in CLB or FBP are largely inaccessible to most firm lawyers. Personally, I left my firm and went to Gov’t in part because I had a kid and in short order burned out of the hours and constant availability demands of firm life. If you actually like biglaw and your firm and have solid partnership prospects, either choice would be sound.

Really? Is this true of some places in the Vault rankings but not others? Definitely not true at my V10.

[Anonymous User]

Really? Is this true of some places in the Vault rankings but not others? Definitely not true at my V10.

At my (former) V5, it would vary but taking party depositions (not just 3P) was not assured by 5th year.