Q&A Regarding Lateral Moves for Law Firm Associates
Q: What is considered a lateral move for a lawyer?
A: In the legal profession, a lateral move usually means moving from one law firm to another, even if there is a title change from associate or counsel to partner. This differs from other professions where lateral means moving to a job with a similar title and responsibilities.
Q: How long should you stay at your law firm before moving to a new one?
A: The general rule is to stay at a job for at least two years, but there are exceptions. If you are so miserable that it interferes with your learning, productivity or relationships at the firm, you are probably better off elsewhere. If you are not getting meaningful legal work and developing your professional capabilities, then it behooves you to either address the issue or leave. Almost anything can be explained in a job interview with careful thought and practice.
Q: What is the best time to make a lateral move to a new law firm?
A: As an associate, the best time to make a lateral move is sometime between the 2nd and 6th years. During your first couple years, your firm is (hopefully) investing substantial time and effort into training you. After two years, other firms assume that you have learned the basics of your practice area and will therefore be able to add real value and integrate quickly into your new team.
From the perspective of a new firm, 4th to 6th year lateral associates are an ideal investment because they generate high value work and require less supervision. Associates at this level are very capable lawyers and yet their billable rates are lower than partners. Consequently, in-house counsel are less likely to question their bills when associates at this level are staffed on a matter.
As lawyers become more senior, moving as a lateral to a new firm becomes more complicated. The more senior the lawyer, the more likely that the prospective new firm may wonder why they were not promoted to partner. If the attorney has their own clients, conflicts become an issue. If they do not have their own clients, the firm may doubt the lawyer’s prospects regarding business development. Another potential challenge is that for an associate or counsel to have a realistic shot at making partner in the new firm, they need to have enough time to develop relationships, bring in business and impress the right people before the partnership window closes.
Q: As a big law associate, should I go to the highest ranked firm that will hire me?
A: It depends on your goals. Even for lawyers aiming for the top of their fields, factors like culture, internal politics, relationships, and firm reputation are crucial. It is also important to remember that not even the biggest and most prestigious firms are the top players in every practice area. For most big law practice areas, there are 3-10 law firms with the strongest reputations. This is particularly true when you look at particular sub-specialties within your practice. More firms may be well known for their energy law practice, but fewer are well-known specifically for energy distribution, nuclear power projects, or green energy M&A work. Assuming the culture, personalities and relationships at a firm create an adequate foundation for your success, moving to a firm where you can get access to the most interesting, most complex, most cutting-edge work will lay the foundation for you to reach the top of your field.
Q: How can I convince a law firm to bring me in at a more senior level?
A: You should explain why your experience merits a higher designation. The number of years you have been employed as a lawyer will not be the key factor. What matters is the nature of the work you have done and the skills acquired during that time. Find out what skills and experience the firm expects for your desired level and frame your argument accordingly.
Q: What should I do if they offer to bring me in at a more junior level?
A: While it may feel insulting, it can be in an associate’s best interest to enter the new firm at a more junior level. Even extremely smart and capable lawyers can flounder when the expectations of the new environment are out of step with what they were accustomed to in their old jobs. This is particularly common when moving from government, in-house or from a smaller firm. Entering at a more junior level allows you to “wow” partners with the knowledge and competencies you acquired at your previous job while catching up on any discrepancies between their expectations and your current skills. Making a lateral move at a more junior level can make the transition smoother and less stressful.