In a recent New York Times op-ed, a fifth-year associate at a Biglaw firm (WilmerHale to be specific — and one of only the four that ATL listed on its “Spine Index”) threw in the law practice towel. He left because of what he saw as a troubling overlay of political interference.
I understand why people, similarly situated, would say “I’m outta here,” but I also think that it’s too soon to make that call, especially at WilmerHale. Perhaps I would better understand if the departure was from one of the many firms that caved, rather than from one of only four Biglaw firms that has had the courage to say “no” to 47.
It’s harder than ever to be a lawyer of whatever vintage these days. The author started law school at the ripe old age of 30. Looking back on my earliest lawyering years, we had it easy, although we didn’t think so. But today, when economic pressures, business development responsibilities, student loan repayments, and AI collide, it’s hard sometimes to stay the course. Even Biglaw monies cannot necessarily compensate.
Let’s stipulate that the practice is different now. In dinosaur times, young lawyers could expect to get some trial experience, could expect to argue some motions, and counsel clients on smaller matters. Today, partners need/want to continue to fill their own trough, so sharing work, let alone delegating it, is harder. AI will not make sharing any easier, given how quickly and efficiently it can do various tasks, regardless of accuracy and hallucinations. How to divide the pie when pieces are smaller? How many slices can you get out of a layer cake? Does it depend upon how you slice it? And how many are willing to take smaller pieces? You tell me.
The departing associate was disillusioned about a number of things in practice. Parts of the firm’s advocacy troubled him: how you present the facts, how you structure the argument(s) and cases that support the reasons why the client should prevail. The facts and law are purposefully written in the client’s favor; that’s the nature of advocacy. Everyone deserves representation, and in a Biglaw firm associates do not usually get to make that call. At the end of the day, attorney fees drive the business of lawyering.
He also believes that the “legal system is broken and is in dire need of repair.” The author, a relative latecomer to law school and then to practice, is not happy about what he sees as the Biglaw paradigm, the reverse of the “comfort the afflicted and afflict the comfortable.” He saw the firm help rich clients get even richer. He says that Wilmer Hale was a wonderful place to work, but it rankled him that a disturbing contrast existed between the “democratic responsibilities of lawyering” and the “highly profit-driven industry.”
To him, it was a conflict that he couldn’t resolve. Did he jump off the Biglaw hamster wheel too soon? Not for me to say, but I wince when I think about all the sunk costs (time and money) spent with high hopes and now dashed dreams.
For those of you taking the bar next month, waiting for bar results, or in your early years of practice, don’t let what you see now in the federal government dissuade you from your legal careers. There are opportunities for lawyers at the local and state levels. those who want to represent people against faceless corporate entities, opportunities for those who want to make a difference by working for various nonprofits that represent people but also advocate for necessary changes in the law.
It was a much more collegial atmosphere in dinosaur days. While I am not advocating a RTW five days a week, I liked walking down the hall and asking for help from a subject matter expert: “What do you think about this? How best to handle it? Any particular law to look at?” Better than googling and the best way to develop friendship and knowledge. Few, if any, colleagues refused my request.
This new generation of lawyers needs all the intellectual firepower and commitment to the rule of law that it can muster. Figure out what you really want to accomplish as a lawyer. Find a practice area that stimulates and motivates you. Take it from someone (aka me) who had a number of different fits and starts as a lawyer before finally latching on to what was best for me. Winston Churchill (Google him if you don’t know who he was) reportedly said, “When you are going through hell, keep going.” So, keep going.
Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.
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