"[W]orking for the government right out of law school often disqualifies young attorneys from ever landing a job at a prestigious law firm."
Ever? Seriously? Their rationale:
[A] young attorney who has worked for the government has learned nothing about dealing with individual clients, quoting fees, keeping clients advised, and grasping the many complex issues that are presented by business clients on a day-to-day basis. And while it may also be true that government attorneys learn to think on their feet (often opening a file for the first time while they are in court standing in front of the judge), this is not good training for handling complex business cases where preparation is the number one priority. Just as important, a government attorney has had no experience billing 40+ hours per week or even keeping track of their time.
Arbitrary and Capricious comments:
I weep. All these years of haggling and litigating over people's freedom have left me unequipped to deal with the issues that really matter, like whether Corporation A will pay Corporation B's attorney fees.
Injustice Anywhere, a former lawfirm lawyer who jumped ship for the public defender's office posts a list of "things I don't miss about working as an associate at a big firm".
A Public Defender responds: "it is ludicrous to suggest that prosecutors are unable to grasp complex issues (business or not), or are unable to prepare. Ask any prosecutor (or pd) who has tried a lengthy felony case."
But Ken Lammers says it best:
I've seen BigLaw guys make forays into criminal court before. A guy comes in in the suit that looks like it cost more than I earned all of last month, he has diamond studded cuff links, and his hair is perfectly coiffed. He might as well tattoo "I don't belong" on his forehead. It can be pretty painful to watch as prosecutors {a} have a merry old time gently roasting him over the flames of Tartarus, or {b} get extremely upset because a 5 minute driving suspended case turned into a 45 minute fiasco and lash out.
My own two cents:
Yes, there is a skill set involved with maximizing billable time. The latest Stankowski Report on Notes from the Legal Underground gives examples:
1) Apparently, you cost too much to waste your time copying things. Don't do it. They will yell at you.
2) You really can bill for thinking about things. In fact, it is demanded. This is a difficult concept to deal with initially, after all, who the hell gets paid for their thoughts? Well, you do. Do the clients know this? Of course not, to them, we are "Strategizing." Similarly, clients never pay for "meetings" or "discussions." Instead they pay you for "working with X. Attorney regarding discovery issues."
3) You don't need to worry about this next thing at all, especially not for a few years, really, don't even trouble your pretty little head about it. However, there is a thing called a realization rate. This is the amount of time that the client is actually billed for as opposed to how much you really spent. Eventually, you will need to get it up to about 94%. But not right now. (Stan:"Really, because you have mentioned it like five times in a row, shouldn't I be worried about it now." Any partner: "Ohhh no, not at all. Still, its not good to write to much time off. Not that you have to worry about it.") . . .
That said, the assumption that an attorney who is capable of trying a complex felony case is incapable of "dealing with individual clients" and "grasping the many complex issues that are presented by business clients on a day-to-day basis" shows a remarkable lack of comprehension as to what criminal law entails.
Criminal law presents ample opportunities for dealing with clients, regardless of whether you sit at the defense or prosecution tables. Your average prosecutor has "clients" waiting outside the building first thing every morning: crime victims who have been assaulted, raped, robbed, stalked. The lawyer must spend the next several minutes getting the details of crimes - often quite horrifying - without further traumatizing the victim, then get up to the initial appearance to take care of business. It's not simply a matter of finding out what happened, there are a million questions that need to be answered about what happens next, and what the victim is supposed to do in the meantime. For example, domestic violence cases involve no-contact orders between the victim and the defendant. Issues about child care, work, residency, and so on need to be addressed. The day doesn't end at 5:00 either: how about the four a.m. phone calls to defense counsel from clients who are being arrested, or to prosecutors from officers wanting a complex fourth amendment question answered? There are also the daily calls for updates on both sides of the fence. I am aware corporate clients can be difficult, but how many of them shoot up your house if they don't like your answer? Stalk you? Make credible death threats?
Criminal law issues are every bit as complex as those in any other area of litigation. The amount of appellate litigation involved alone should attest to the intricacies that can crop up. Criminal attorneys are also very versed in Daubert and its progeny, as well as specific admissibility rules on forensic evidence and testing. All this translates into an ability to think quickly, analyze difficult issues, and argue cases that may quite literally decide who lives and who dies. It is an enormous responsibility that should never be underestimated.If I recall correctly, law school was about teaching us how to analyze, argue and innovate. There is no reason on earth why a good attorney can't make the transition to a new area of law, if willing to put in the time and effort to minimize the learning curve.
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