'Should I Stay, or Should I Go?' Transitioning Doesn't Have to Be Hard
If you are not sure about a lateral move, then things cannot be too bad where you are. That is good news, but that is certainly not a valid reason to stay.
March 12, 2020 at 10:02 AM
7 minute read
I was recently speaking with Ophelia (while this scenario is real, the lawyer's name is not Ophelia), who has been at the same firm since completing law school. Ophelia was debating whether it was time to make a move to a new firm. As I listened to her dilemma, the words from the iconic rock band, the Clash, came to mind: "Should I stay, or should I go now? If I leave, there will be trouble but if I stay it will be double." In her case, staying is problematic because the senior attorneys are focused on retirement and current income while she (and other lawyers in her age range) is focused on the future growth of her practice and the firm. An obvious conundrum for Ophelia (and her firm), if her firm will not meet her needs, she will have to leave, and the firm will have more trouble, and it will have less revenue, bench strength and successor attorneys.
To retain Ophelia, and for Ophelia to achieve her personal growth goals, the firm needs to invest today's dollars for tomorrow's revenue and profit. In other words, the firm has to be ready to invest today for tomorrow's success. This is an issue that every law firm has to grapple with. The dilemma Ophelia faces by staying put, is she cannot get her partners to invest for the future in the way that she needs, and, in a way that gives her confidence in a healthy future for the firm. The senior attorneys are resisting her suggestions because they won't benefit from that growth and because they value money in their pocket today over any benefits to Ophelia and other young growing attorneys in the future. This position by senior attorneys is rational from their perspective, but not one that is good for the long-term health of the organization.
However, if Ophelia leaves, the trouble for the firm will be "double" because her revenue is very material to the firm, and she is seen as a leader and is respected by her peers. Ophelia's departure is likely to be viewed by other nonsenior attorneys at the firm as a strong indication that the firm has lost its way and may be in decline. While the answer to the question of "Should I stay or should I go" for Ophelia seems obvious given this set of facts, it is additionally complicated because she values her relationships at her firm and leaving will be hard personally and professionally. Making a transition to a new firm with new people, new policies and a different culture can be daunting for many attorneys.
There are many reasons why lawyers contemplate a lateral move. In Ophelia's situation, it relates to misalignment over what is needed to ensure the future viability of her firm as well as her own practice. But not all reasons are this dramatic. It could be that clients require a larger platform or geographic footprint, the firm's hourly rate philosophy does not match an attorney's client base, the compensation philosophies do not properly reward the rainmakers, or it may be time to sign a new lease and the prospect of a 10-year personal guarantee is not attractive, especially if there is not alignment on the firm's direction.
Before deciding to move from one firm to another, the first step is to ask the right questions about if you should stay or if you should go. If you are not sure what those questions are—then ask your trusted advisers. If that is not an option, consult lawyers who have made similar moves, and ask why they made a move and what the most important factors were in their decision-making. I find that lawyers are generally pretty open in these discussions. If you do decide to test the market, there are many considerations (and some soul searching to be performed beforehand) to keep in mind.
|Do Your Research
Virtually all firms now require lateral candidates to complete an LPQ (lateral partner questionnaire) and firms put candidates through several rounds of interviews. Due diligence should, however, be bilateral during the courtship process. You should do what you can to assess the firm's office and work culture through your own meetings and calls with existing firm attorneys and managers. You could also analyze the firm's strategic plan and focus on (if they have one) investigating how they invest in their attorneys through marketing budgets and other marketing resources, their management structure, their growth strategy and so on. Most firms keep the identity of their recruits confidential, but the candidates can talk to anyone they like. So if your candidate firm wants to restrict whom you can talk to—ask why. It is also a good idea to meet people in your practice group and get a sense of their clients, their work mix, the support that they get, etc.
|You, Your Clients and Finding a Cultural Fit
Within the legal space, many law firms recruit lateral hires by using financial incentives and compensation alone. My mother always told me that "if you marry for money, you'll earn your money every day." While I will never know if she was right (I married someone as poor as I was), I think the principle mom was trying to teach me applies in this case as well. If you take a job based on the compensation plan alone, and fail to think about the practice, the client and the cultural fits—you may find yourself thinking, "Mrs. Lynch was right."
It is also essential to determine what marketplace the firm caters to. If the firm claims to cater to all markets (insurance pay, institutional and privately held clients), it is likely they cater to none of them. You should consider inquiring whether the firm has grown (or not) over the last five or 10 years. If there was little to no growth, that should raise some questions about the strategic plan, the leadership and vision of the firm.
|Should I Stay or Should I Go?
If you are not sure about a lateral move, then things cannot be too bad where you are. That is good news, but that is certainly not a valid reason to stay. None of us went to law school with the goal of having a mediocre work environment. There are many great firms out there with great people and great opportunities, and each has its own unique culture and work environment. You just need to find the one that fits with your own strategic plan. Making a move can be daunting, but it does not have to be hard. Many firms have well-developed onboarding programs and onboarding teams with excellent professional management. If you are not at one of them, then you should probably be asking yourself why. The questions "should I stay, or should I go?" are simple. Start there and then move on to the tougher questions.
Timothy Lynch is the managing principal of Offit Kurman, one of the largest firms in the United States focusing on representing the privately held marketplace and it has more than a dozen offices from Charlotte, North Carolina through New York City. Lynch leads the recruiting efforts at the firm, which has grown more than 10% per year for over a decade. He also sits on the firm's executive committee.
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