By Michael G. Olinik
With career mobility increasing, more attorneys are taking the leap and transitioning to different size law firms to try to find a better fit. Whether they find out that their first job out of law school isn’t as cracked up as it was supposed to be or a desire for a change in lifestyle, office hours, income, control or career opportunities, changing firms can be the key to reinvigorating a career or reestablishing one’s sanity. Finding the right firm may take some trial and error, but in the end, even if you choose to go on your own, it is not a journey you can do alone. As I discovered when I moved from Philadelphia to San Diego in order to revamp my career, it is the people around you that hold the key to your ultimate success regardless if you move from a big firm to a small firm or vice versa.
The first step in transitioning firms is deciding to leave your current position. For younger attorneys who faced the tight job market after 2008 and were left with whatever job was available, the decision to leave is easy as they always wanted to find a career path to make their skills and passion. For other attorneys, the decision comes from realizing they are unhappy with their current situation or the desire to reach new heights in their careers. The more a person practices law, the more they discover what they excel at, what they enjoy and what they despise. Change, however, is not without risk and may require a leap out of one’s comfort zone.
I faced two major decisions for change in my career. The first decision, to move from a big international firm in Philadelphia to finding a small firm to work at in San Diego, was easy. I knew I did not want to stay in a big firm for my entire career and knew I wanted to move to San Diego. I would have never been successful, though, if I did not engage with the San Diego legal community, eventually meeting my boss and friends through SDCBA. My second decision, to leave the small firm in San Diego and open up my own firm, was harder. I only had the courage to make the transition after my friends pointed out how unhappy I was with my current situation and offered me guidance and encouragement to take the leap.
After deciding to move on, the next step is figuring out where to go. There are pros and cons regardless of whether you move to a larger or smaller firm. Running your own firm or participating in a small firm requires not only setting up the firm, but also opening a business. Instead of just walking into a running operation, a lawyer branching out must decide what type of entity to use (sole proprietorship, professional corporation or limited liability partnership), set up an IOLTA account, decide on malpractice insurance, set up a firm calendar and case management system, arrange for servicing and filing of documents, and determine whether the firm will have support staff. The attorney must also learn how to run a business, including finding office space; setting up utilities; setting up business banking accounts; market (and market some more); setting up email and a computer network; deciding whether to hire employees and, if so, comply with all of the California employer regulations; decide upon general liability insurance; learning how to invoice and collect from clients; and budgeting how to stay afloat while the business is building. Being at a small firm, however, gives attorneys more control. Attorneys can set their own hours, develop their own office culture, determine which clients to engage, determine what types of cases to take and set their own agenda.
Going into a bigger firm, to the contrary, requires giving up control in exchange for a plethora of resources. An attorney entering a bigger law firm may no longer have control over staff decisions, which cases to work on, what clients the firm engages with, the billing policies, the location of the office, the billable hour requirements and other firm policies.
On the other hand, most of the business side of the firm is taken care of, allowing attorneys to focus more on legal work.
The choice of what type of law firm and what type of law you practice is deeply personal. Though you are making a decision about your career, the decision impacts the people around you both professionally and personally. I was deeply afraid of opening up my own firm as I was worried about having enough money to pay my rent and other bills. I was lucky, however, to have friends who saw how despondent I was with my situation and encouraged me to take the leap.
My friend Curtis Carll of Carll Law had just opened up his own firm and was able to share with me pointers and guide me through the realization that opening my own firm was the right move for me. Curtis needed a change in his career: “I had worked at big firms here in San Diego for the majority of my career but was no longer comfortable with the big law model. I wanted to work on cases I thought were important and choose my own clients.” Curtis had the support of his wife when he made the decision, and years of contacts he built up from his previous firms, which allowed him to make the leap.
While I went from a big firm to a small firm to a solo office, another colleague from that small San Diego firm, William Richards Jr., went the other direction to Gordon & Rees. William graduated law school during the downturn in the legal field, and the bigger firms were not hiring at the time, and worked a few smaller firms to begin his career. William honed his skills and abilities at smaller firms but wanted to work on the defense side of employment matters, which are often handled by bigger firms. “Once I became confident in my skills, I wanted a bigger challenge, and to me that meant working with more prominent clients.” It was the lessons from the attorneys he worked with at small firms, along with the support of his family, that made his move to Gordon Rees possible.
Once an attorney makes the choice to transition, weighs the pros and cons, and executes the transition, the final step is successfully practicing law. Setting up a business or joining a firm may actually be the easiest part of the transition. Making it work afterwards requires a support network, whether it is fellow small firm attorneys collaborating or the lawyers in your group at a bigger firm working together.
When I opened up my own firm, I relied heavily on advice from Rachael Callahan of San Diego Evictions. Rachael started out doing contract work for a number of attorneys and now has her own firm with a full staff. Rachael mentored me on how to operate my own firm and utilize my connections to grow my business. “Even though I have always had my own firm, I participated in a ladies of family law group, which was integral to supporting my practice.” Rachael paid that support forward to me when I opened my own firm, and without, my transition would not have been successful.
The ability to transition between firms is easier today than ever before. In the end, however, the key to successfully transitioning is the same as it has always been for success in the law. Find a reliable mentor and support network, participate in the legal community, and work hard. There is no need to pull a Goldilocks and deal with the three bears alone. Use the people around you to find your perfect fit.
Michael G. Olinik is founder of The Law Office of Michael G. Olinik.