That might not be so bad in the short run, but fear of being locked into a practice area long-term is often a reality.
It's hard to avoid being pigeonholed when a firm is trying to match an associate's interest with the firm's. Sometimes there is just not a match, and the firm's needs have to come first.
A firm's size and how it integrates entry-level hires into its offices are crucial factors in whether an associate will get his or her first choice of assignments. The bigger the firm, the more likely a new lawyer is to get to work in his or her preferred area of law. Comparatively, smaller firms with fewer practice areas tend to be hit harder by the economy and need associates to work in areas that have the most business.
See the following articles for more information:
- Big Law Associate Thinking of Changing Practice Areas
- Is it Possible to Change Practice Areas in Big Law Firms?
Regardless of firm size, the first step to avoid being pegged permanently into a practice area you didn't want is to negotiate the best deal for yourself. Tactics include:
- Get a limit put on your time in the less favored department.
- Communicate your preferences to your mentor, firm partner or another confidant. They won't know you want to change unless you tell them.
- Introduce yourself to the head of the department you want to be in. He or she could be instrumental in helping you make a switch, should the opportunity arise.
- At large law firms, look for opportunities to rotate through different departments or sit in on training programs for practice areas other than your own.
- At smaller firms, take advantage of chances to work in different areas.
At the broadest level, your placement in a practice other than your heart's desire might be fortuitous - or at least an informative curse. First-year associates often have an incomplete concept of what lawyering is and what is involved in each practice area. Until you do the work, what you have is an image but not the reality of the department.
Be patient, gathering all the skills you can and being persistent in communicating your preference.
The experience of being out in the working world, the practical experiences you build as a working lawyer - juggling deadlines and assignments, interacting with counsel and judges - these are all transferable. Early in your career you want to build practical skills because there is some transferability.
DECIDING TO TAKE THE LEAP
The decision to change your practice area should be made within the first year. While some may disagree with this limit, it is generally thought that spending any more time than that in an area before changing to another is a waste of resources. While firms want happy lawyers, they also want to conserve training and maximize productivity.
The more specialized, the more difficult it is to start over. The sooner they recognize their dislike, the easier the transition.
The economy is an important factor to consider. The current market has tipped the balance of favor to the law firms, and associates need to make their choices carefully, as there are fewer jobs. With enrollment up at law schools, the competitive situation is likely to get worse.
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Ultimately, the question might be: Do I want to be a corporate attorney somewhere or do I want to be a litigation attorney at this firm?
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An associate must evaluate which is more important - firm identity or the specific practice he or she wants to pursue.
Firms that understand that today's associates have definitive ideas about what type of law they'd like to practice are more likely to be accommodating. But firms that have a "you're lucky to be working for us" attitude will not be as helpful in doing what's right for the lawyer. It is important to gauge your firm's position on allowing associates a voice in choosing a practice, because it will affect your decision on whether to stay with the firm or look for another job.
Before rejecting your unexpected field, analyze the problem. Determine what aspects of the practice area you don't like, figure out why you don't like them, and validate those reasons. In the same vein, examine what you like about the area you are in and also what you believe you will like about your preferred practice. Due diligence will be needed to convince the firm that it should allow you to change practice areas.
Seek out as many personal stories about climbing the lawyer ladder as possible. It is rare that a lawyer makes a lifetime career choice from his or her first assignment, and these stories will provide a comprehensive picture of options. Start internally and speak to several people - not just one person only once.
See the following articles for more information:
You may discover over time that you don't want to switch after all. It takes a long time to get a good handle on the substantive area of a practice. Often, associates are uneasy at the beginning, but that feeling dissipates over time as a lawyer's comfort level and knowledge increase.
If you're still sure you want to make a move, the best time to broach the subject of switching to another department is during a review. Most firms evaluate associates quarterly or semi-annually, so take that opportunity to speak with your superiors about your needs.
In addition to using this formal process, approaching a mentor or another partner with whom you are comfortable. Ask for advice, and try to create a plan for making the transition to another department together.
And remember to tread lightly. When [associates] finally ask how, they have to be circumspect, because people have made investments of time in them already.
See the following articles for more information:
- Changing Your Practice Area
- How Important is it to Know Yourself Before the Job Market Knows You
- A Realistic Approach to Changing Practice Areas
- Is Changing Practice Areas Within a Law Firm a Good Move?
Summary: Don't like your practice area? Here's some advice for young attorneys who discover that they don't like their current practice area.
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