Prospects for AUSA to go back to biglaw? Forum

[Anonymous User]

I’m a HYS grad with feeder clerkship experiences. About two years ago I joined a USAO as a criminal AUSA, coming from a top firm in the nearby metro; I left my firm on good terms. I was encouraged to apply to a top USAO. But owing to personal circumstances, I was looking only at what I thought was a good office at what would probably be considered a non-major USAO within commuting distance of a large legal market. Think, like, D. Conn. to NYC, but not somewhere totally random like D.S.D. (no offense to them). My goal was to return to biglaw at some point.

Long story short, after a while at the USAO and seeing the trajectory of others in the office, I’m getting concerned I’ve boxed myself in and the exit opportunities aren’t what I thought they were. It doesn’t help that my resume is a bit of an outlier in the office. I know there are partners in Biglaw from my USAO but that seems to be the exception, not the rule. I’m wondering if I should try to consider a move to another government position in the very near future; stick it out for another year or two and try to go to a firm as a partner-track counsel; or stick it out for several more years to try to get leadership experience and then seek to go to a firm as partner. But I worry the longer I try to stay, the more sunk costs I’m accruing.

Regardless, I’m trying to get work in more marketable spaces but given my junior status I’m probably not going to be doing major white collar fraud tomorrow. Thoughts welcome.

[Anonymous User]

With your resume just apply to firms. I think you're making this too complicated. You don't need to go to another agency or get leadership experience. Big law needs bodies to bill hours and it needs those bodies to have credentials that look good on a website.

Just say you enjoyed the USAO and got good stand up experience but miss the complexity of large firm work.

[nealric]

With your resume just apply to firms. I think you're making this too complicated. You don't need to go to another agency or get leadership experience. Big law needs bodies to bill hours and it needs those bodies to have credentials that look good on a website.

Just say you enjoyed the USAO and got good stand up experience but miss the complexity of large firm work.

I agree. I'd be very surprised if you can't find a firm to take some interest in you.

[Tasteful Orlando]

If I were you I’d call my old firm up and feel out a return.

[Anonymous User]

I’m in a very similar position and background to OP (except maybe that my COA clerkship was not a feeder), and find myself rather stuck in a role at DOJ Main that hasn’t worked out for me. I too am concerned about trajectory; a lot of lawyers here stay at the department until retirement. But if I go back to my old firm after my agreed years, I’m too senior by class year to be a normal associate but haven’t had the leadership experience to be brought in as a partner. Really not sure where to go from here.

[Anonymous User]

I’m in a very similar position and background to OP (except maybe that my COA clerkship was not a feeder), and find myself rather stuck in a role at DOJ Main that hasn’t worked out for me. I too am concerned about trajectory; a lot of lawyers here stay at the department until retirement. But if I go back to my old firm after my agreed years, I’m too senior by class year to be a normal associate but haven’t had the leadership experience to be brought in as a partner. Really not sure where to go from here.

Ask for perma-counsel position.

[Anonymous User]

I’m in a very similar position and background to OP (except maybe that my COA clerkship was not a feeder), and find myself rather stuck in a role at DOJ Main that hasn’t worked out for me. I too am concerned about trajectory; a lot of lawyers here stay at the department until retirement. But if I go back to my old firm after my agreed years, I’m too senior by class year to be a normal associate but haven’t had the leadership experience to be brought in as a partner. Really not sure where to go from here.

I was wondering if jumping from the USAO to DOJ would help boost my odds for a return to the private sector but this makes me not so sure. Mind sharing which office your in (at a high level of generality, if it helps)?

[Anonymous User]

I do think exit options from a non-major USAO can be mixed. I have rarely seen colleagues go back to biglaw in this context, and those who do are usually more senior and leave with some leadership experience. I also think there is something of a dead zone where it’s difficult to go back to your traditional biglaw firm because you’re senior enough that you’re coming up on partner, but you haven’t developed the relationships necessary for that to happen, and won’t have a book of business, and you’re not senior enough/experienced enough for the government experience to be enough of a draw on its own. “Former criminal chief” or “former chief for the fraud group” can take you a lot further than “four years as a line AUSA.”

(I can’t comment on how MJ jobs play out; I suspect it’s going to depend a lot on what you do, especially given that MJ jobs tend to be much more specialized than USAO jobs. You can specialize at a USAO, but not usually until you have few years of general crimes, and it will still probably be a broader specialty.)

I do think you can get a lot of play with local firms, so it also depends a little where your non-major metro office is, and what that local market looks like.

[nealric]

I do think exit options from a non-major USAO can be mixed. I have rarely seen colleagues go back to biglaw in this context, and those who do are usually more senior and leave with some leadership experience. I also think there is something of a dead zone where it’s difficult to go back to your traditional biglaw firm because you’re senior enough that you’re coming up on partner, but you haven’t developed the relationships necessary for that to happen, and won’t have a book of business, and you’re not senior enough/experienced enough for the government experience to be enough of a draw on its own. “Former criminal chief” or “former chief for the fraud group” can take you a lot further than “four years as a line AUSA.”

There's been a huge expansion of "counsel" type roles in recent years to address exactly that sort of situation. Very few senior associates up for partner have a meaningful book of business anyways. The vast majority of biglaw clients won't give the time of day to anybody with an "associate" title.

[moxcoal]

I know a few folks who made the move back to their old firms but that was during the hiring boom. It might be trickier now seeing as firms are more reluctant to even hire back midlevels who’ve left to clerk.

I gotta say (and I know nobody asked but) it’s sad that so many people give advice to jump into these *prestigious* (and admittedly satisfying) public roles early just bc the opportunity arises.. I’ve seen an increasing number of ppl have to prematurely go back to private practice for money or otherwise. To young lawyers and law students, your early tenure at a firm is a special chance to set yourself up for life.. especially with the exponential cost of law school and living atm. Make the most out of that and bounce later. Legal careers are LONG

[objctnyrhnr]

I know a few folks who made the move back to their old firms but that was during the hiring boom. It might be trickier now seeing as firms are more reluctant to even hire back midlevels who’ve left to clerk.

I gotta say (and I know nobody asked but) it’s sad that so many people give advice to jump into these *prestigious* (and admittedly satisfying) public roles early just bc the opportunity arises.. I’ve seen an increasing number of ppl have to prematurely go back to private practice for money or otherwise. To young lawyers and law students, your early tenure at a firm is a special chance to set yourself up for life.. especially with the exponential cost of law school and living atm. Make the most out of that and bounce later. Legal careers are LONG

Well said.

[Anonymous User]

I know a few folks who made the move back to their old firms but that was during the hiring boom. It might be trickier now seeing as firms are more reluctant to even hire back midlevels who’ve left to clerk.

I gotta say (and I know nobody asked but) it’s sad that so many people give advice to jump into these *prestigious* (and admittedly satisfying) public roles early just bc the opportunity arises.. I’ve seen an increasing number of ppl have to prematurely go back to private practice for money or otherwise. To young lawyers and law students, your early tenure at a firm is a special chance to set yourself up for life.. especially with the exponential cost of law school and living atm. Make the most out of that and bounce later. Legal careers are LONG

OP here. I'm not necessarily looking to move back to BL right this very minute/in this economy and I understand that even in a different economy, two years as an AUSA wouldn't mean very much. I'm just trying to get a sense of whether the door has slammed shut in my face. I had trusted mentors (including BL partners) who were adamant that with my resume I couldn't go wrong (even going to a non-SDNY) and that I'd be able to come back to a firm after 4-7 years as partner track. I remain on good terms with partners from my old firm. But more and more panic has been setting in as I look around my office and feel like I've walked into a dead end. As you say, careers are long. I don't want to think I've cut off my access to the private sector already but I just don't know.

[moxcoal]

I know a few folks who made the move back to their old firms but that was during the hiring boom. It might be trickier now seeing as firms are more reluctant to even hire back midlevels who’ve left to clerk.

I gotta say (and I know nobody asked but) it’s sad that so many people give advice to jump into these *prestigious* (and admittedly satisfying) public roles early just bc the opportunity arises.. I’ve seen an increasing number of ppl have to prematurely go back to private practice for money or otherwise. To young lawyers and law students, your early tenure at a firm is a special chance to set yourself up for life.. especially with the exponential cost of law school and living atm. Make the most out of that and bounce later. Legal careers are LONG

OP here. I'm not necessarily looking to move back to BL right this very minute/in this economy and I understand that even in a different economy, two years as an AUSA wouldn't mean very much. I'm just trying to get a sense of whether the door has slammed shut in my face. I had trusted mentors (including BL partners) who were adamant that with my resume I couldn't go wrong (even going to a non-SDNY) and that I'd be able to come back to a firm after 4-7 years as partner track. I remain on good terms with partners from my old firm. But more and more panic has been setting in as I look around my office and feel like I've walked into a dead end. As you say, careers are long. I don't want to think I've cut off my access to the private sector already but I just don't know.

Aha, then I think you’ll be fine OP. As long as you’re not in a rush to make it back, you’re bound to land an eventual exit especially in a counsel-type role (whether at a firm or with an in-house investigation team—those are especially good posts at large corporations). Would not say the door is closed in the least bit

[Anonymous User]

I know a few folks who made the move back to their old firms but that was during the hiring boom. It might be trickier now seeing as firms are more reluctant to even hire back midlevels who’ve left to clerk.

I gotta say (and I know nobody asked but) it’s sad that so many people give advice to jump into these *prestigious* (and admittedly satisfying) public roles early just bc the opportunity arises.. I’ve seen an increasing number of ppl have to prematurely go back to private practice for money or otherwise. To young lawyers and law students, your early tenure at a firm is a special chance to set yourself up for life.. especially with the exponential cost of law school and living atm. Make the most out of that and bounce later. Legal careers are LONG

OP here. I'm not necessarily looking to move back to BL right this very minute/in this economy and I understand that even in a different economy, two years as an AUSA wouldn't mean very much. I'm just trying to get a sense of whether the door has slammed shut in my face. I had trusted mentors (including BL partners) who were adamant that with my resume I couldn't go wrong (even going to a non-SDNY) and that I'd be able to come back to a firm after 4-7 years as partner track. I remain on good terms with partners from my old firm. But more and more panic has been setting in as I look around my office and feel like I've walked into a dead end. As you say, careers are long. I don't want to think I've cut off my access to the private sector already but I just don't know.

I was one of the potentially more pessimistic takes earlier. I don’t think you’ve cut off your access to the private sector at all, but I do think you have to be a little strategic. It’s not as straightforward as doing generic USAO work for a few years and taking your pick of biglaw options (don’t mean to suggest that was exactly your assumption). Do keep in mind though that a lot of people stay at USAOs because they genuinely love the work and they become lifers, especially in smaller offices/districts where the local legal market may be much smaller. (There isn’t really any big law in my current district, although there’s a major market in the next district over that’s a reasonable landing place.) So unless your colleagues are all complaining about being stuck where they are, they’re likely not looking for other options.

I’m a strong believer that people can steer a lot of their destiny, if they plan and prep how to get off the default path. Plus careers zig and zag a lot. But it is good to know what the default/traditional paths are so as not to get stuck on them.

(Re it being unfortunate that people jump early for USAO gigs - I mean, if your goal is to 1) become a biglaw partner and/or 2) make the most money possible, that’s probably true. But I think there are plenty of people who go to biglaw to get the public service gigs and don’t want to go back, in which case the sooner you bail, the better.)

[Anonymous User]

I’m in a very similar position and background to OP (except maybe that my COA clerkship was not a feeder), and find myself rather stuck in a role at DOJ Main that hasn’t worked out for me. I too am concerned about trajectory; a lot of lawyers here stay at the department until retirement. But if I go back to my old firm after my agreed years, I’m too senior by class year to be a normal associate but haven’t had the leadership experience to be brought in as a partner. Really not sure where to go from here.

I was wondering if jumping from the USAO to DOJ would help boost my odds for a return to the private sector but this makes me not so sure. Mind sharing which office your in (at a high level of generality, if it helps)?

I’m the quoted poster. I’m in a litigating branch of DOJ Civil Division. I too received strong advice from partners and other mentors to take any opportunity I could in a role like this. In retrospect, I would not give that same advice to someone in my position.

[Lacepiece23]

I know a few folks who made the move back to their old firms but that was during the hiring boom. It might be trickier now seeing as firms are more reluctant to even hire back midlevels who’ve left to clerk.

I gotta say (and I know nobody asked but) it’s sad that so many people give advice to jump into these *prestigious* (and admittedly satisfying) public roles early just bc the opportunity arises.. I’ve seen an increasing number of ppl have to prematurely go back to private practice for money or otherwise. To young lawyers and law students, your early tenure at a firm is a special chance to set yourself up for life.. especially with the exponential cost of law school and living atm. Make the most out of that and bounce later. Legal careers are LONG

OP here. I'm not necessarily looking to move back to BL right this very minute/in this economy and I understand that even in a different economy, two years as an AUSA wouldn't mean very much. I'm just trying to get a sense of whether the door has slammed shut in my face. I had trusted mentors (including BL partners) who were adamant that with my resume I couldn't go wrong (even going to a non-SDNY) and that I'd be able to come back to a firm after 4-7 years as partner track. I remain on good terms with partners from my old firm. But more and more panic has been setting in as I look around my office and feel like I've walked into a dead end. As you say, careers are long. I don't want to think I've cut off my access to the private sector already but I just don't know.

I’m a plaintiffs lawyer now after being in biglaw. A buddy of mine took the AUSA gig. We now are litigating a case against each other now that he’s done being an AUSA.

[Anonymous User]

I’m a HYS grad with feeder clerkship experiences. About two years ago I joined a USAO as a criminal AUSA, coming from a top firm in the nearby metro; I left my firm on good terms. I was encouraged to apply to a top USAO. But owing to personal circumstances, I was looking only at what I thought was a good office at what would probably be considered a non-major USAO within commuting distance of a large legal market. Think, like, D. Conn. to NYC, but not somewhere totally random like D.S.D. (no offense to them). My goal was to return to biglaw at some point.

Long story short, after a while at the USAO and seeing the trajectory of others in the office, I’m getting concerned I’ve boxed myself in and the exit opportunities aren’t what I thought they were. It doesn’t help that my resume is a bit of an outlier in the office. I know there are partners in Biglaw from my USAO but that seems to be the exception, not the rule. I’m wondering if I should try to consider a move to another government position in the very near future; stick it out for another year or two and try to go to a firm as a partner-track counsel; or stick it out for several more years to try to get leadership experience and then seek to go to a firm as partner. But I worry the longer I try to stay, the more sunk costs I’m accruing.

Regardless, I’m trying to get work in more marketable spaces but given my junior status I’m probably not going to be doing major white collar fraud tomorrow. Thoughts welcome.

How many years were you at your prior firm and what is your current class year (approx. is fine)? Trying to offer advice but need some more info.

I went back to big law from a USAO around year 8 as a partner track counsel.

[Wild Card]

Is this DNJ? You should be grateful. Just follow David Lat's trajectory.

[Anonymous User]

I’m a HYS grad with feeder clerkship experiences. About two years ago I joined a USAO as a criminal AUSA, coming from a top firm in the nearby metro; I left my firm on good terms. I was encouraged to apply to a top USAO. But owing to personal circumstances, I was looking only at what I thought was a good office at what would probably be considered a non-major USAO within commuting distance of a large legal market. Think, like, D. Conn. to NYC, but not somewhere totally random like D.S.D. (no offense to them). My goal was to return to biglaw at some point.

Long story short, after a while at the USAO and seeing the trajectory of others in the office, I’m getting concerned I’ve boxed myself in and the exit opportunities aren’t what I thought they were. It doesn’t help that my resume is a bit of an outlier in the office. I know there are partners in Biglaw from my USAO but that seems to be the exception, not the rule. I’m wondering if I should try to consider a move to another government position in the very near future; stick it out for another year or two and try to go to a firm as a partner-track counsel; or stick it out for several more years to try to get leadership experience and then seek to go to a firm as partner. But I worry the longer I try to stay, the more sunk costs I’m accruing.

Regardless, I’m trying to get work in more marketable spaces but given my junior status I’m probably not going to be doing major white collar fraud tomorrow. Thoughts welcome.

How many years were you at your prior firm and what is your current class year (approx. is fine)? Trying to offer advice but need some more info.

I went back to big law from a USAO around year 8 as a partner track counsel.

OP here. Being a little vague but was at my old firm between 3-4 years. Add 2 years to that for clerking and almost 2 at usao.

[Anonymous User]

I’m a HYS grad with feeder clerkship experiences. About two years ago I joined a USAO as a criminal AUSA, coming from a top firm in the nearby metro; I left my firm on good terms. I was encouraged to apply to a top USAO. But owing to personal circumstances, I was looking only at what I thought was a good office at what would probably be considered a non-major USAO within commuting distance of a large legal market. Think, like, D. Conn. to NYC, but not somewhere totally random like D.S.D. (no offense to them). My goal was to return to biglaw at some point.

Long story short, after a while at the USAO and seeing the trajectory of others in the office, I’m getting concerned I’ve boxed myself in and the exit opportunities aren’t what I thought they were. It doesn’t help that my resume is a bit of an outlier in the office. I know there are partners in Biglaw from my USAO but that seems to be the exception, not the rule. I’m wondering if I should try to consider a move to another government position in the very near future; stick it out for another year or two and try to go to a firm as a partner-track counsel; or stick it out for several more years to try to get leadership experience and then seek to go to a firm as partner. But I worry the longer I try to stay, the more sunk costs I’m accruing.

Regardless, I’m trying to get work in more marketable spaces but given my junior status I’m probably not going to be doing major white collar fraud tomorrow. Thoughts welcome.

How many years were you at your prior firm and what is your current class year (approx. is fine)? Trying to offer advice but need some more info.

I went back to big law from a USAO around year 8 as a partner track counsel.

OP here. Being a little vague but was at my old firm between 3-4 years. Add 2 years to that for clerking and almost 2 at usao.

Thats sufficient info.

For me, I didn't get any bites except from my old firm when I was looking to go back. I was around your class year now when I made the switch. However, I think if I had tried to make the switch around year 10-14, it would have been a lot easier. I imagine it would be the same for you.

At year 8 and 9, I found that the trial experience I had wasn't as valuable to firms yet because it just doesn't correlate well (yet) to the type of work that a senior associate does.

I wouldn't be concerned at all. Youre still really early in your career and I think the sweet spot to switch is still to come. I wouldn't worry too much about the trajectory of other folks in your office either.