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A common consideration for junior private practice lawyers is whether to make the transition from private practice to in-house. And if so, when?
There are a number of questions to think about. Am I too junior to make the transition? How will this affect my career progression? What is the value proposition of trading the framework of a full-service private practice firm for an in-house role where I may be expected to operate more autonomously and take on more responsibility for the management of a business?
There is never a right or wrong time to transition in-house – although these days there is a sense that a greater proportion of private practice lawyers are open to contemplating a move in-house earlier in their careers. In addition, there is a growing contingent of junior lawyers who train and qualify into in-house practice without ever having felt the need to experience life in private practice.
The totality of a junior lawyer’s experiences may also feed into the decision about when they transition in-house. My own journey began in private practice, where I paralegaled at a mid-sized City firm for several years before qualifying as a solicitor via Equivalent Means. My post-qualification experience in private practice was relatively brief. I spent a little over a year at another international City firm before taking on a role as in-house legal counsel at a construction trade association.
At a recent panel discussion with junior lawyers and aspiring lawyers, I likened the transition from training to qualification to riding a bicycle – once you qualify the training wheels are off. Those who qualify into full-service private practice firms are then more likely cycling as part of a moderately large group, among peers and colleagues. The process by which the metrics of success and progression are evaluated are codified within the framework of a private practice firm, such as billable hours and client relations. This large group can also form part of your professional and personal support group and act as an anchor during the next stage of your legal journey.
Moving in-house can therefore sometimes feel like veering away from the pack to cycle down a solitary country lane. An in-house role may find you acting on behalf of your business as your sole client. You may find that the goalposts have shifted in relation to what is expected of you as a lawyer and how the metrics of your success are measured. You may also find yourself in a work environment where for the first time most of your colleagues are not lawyers, and as such the nature and size of your professional peer group may wax and wane.
Inevitably, in-house legal departments come in all shapes and sizes. Silicon Valley tech giants may boast legal teams of a similar size to those of some private practice firms, whereas start-ups, smaller businesses and trade associations may offer a smaller pool of legal counsel. In any event, the transition to in-house life can feel daunting for any junior lawyer, regardless of the organisation.
You may leave the comforting confines of private practice familiarity to be thrust into a new role acting as in-house counsel for an entire business, rather than for a specific group of clients siloed within a specialised private practice team. Rather than work flowing downstream for a client partner, you are often helming commercial negotiations and governing your own case management, and making decisions that may affect the breadth of the business, from HR and employment to dispute resolution.
Personally, this has been the biggest strength of in-house practice. It is a cliche but I have found that no two days are ever the same. Also, I am not only dealing with a variety of non-contentious and contentious work, but also leading on wider commercial initiatives within the organisation, the likes of which I would not have been privy to in private practice.
Career progression as an in-house lawyer is also something that transitioning lawyers grapple with. There is the much maligned ‘glass ceiling’ compared with the arguably more transparent career ladder within private practice spheres – associate, senior associate, managing associate or partnership. Do junior in-house counsel have a pathway to becoming general counsel, or will they end up butting their heads against the glass ceiling?
The organisational structure of companies and businesses that employ in-house counsel can be bespoke and varied. The proverbial glass ceiling could prove illusory. Progression to GC does not necessarily need to be the endgame, as the trajectory of your career development may open other doors. You may be offered directorship to sit as a legal director at senior management level, or appointed as company secretary, to name but two options.
In-house practice is not for everyone. There is invariably a predictable form of tribalism that exists between private practice and in-house lawyers, and different personalities and professional aspirations may sway you into one camp over the other. But every junior private practice lawyer should consider a move in-house.
Obaid Bin-Nasir is a legal and commercial advisor at the Electrical Contractors’ Association and an executive committee member of the Law Society’s Junior Solicitor Network
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