Career Flexibility for Lawyers Moving Between Sectors

Summary

• If you’re trying to decide whether to pursue private practice or public service, a litigation practice or a transactional one, it comes down to figuring out what is most important to you in your stage of life.
• If you start a career in public service or private practice, you can change gears as your goals and life evolve.
• Making a switch can bring a welcome change of pace, and you’ll pick up valuable skills and experience along the way.

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Perhaps the best thing about being a lawyer—and the most challenging at times as well—is the flexibility we have in the type of work we do. Twenty-two years into my career, I have experienced a good mix of both public service and private practice. From beginning my career as a municipal attorney, to a small-town litigation practice, to serving as a judge, and now being a partner in a medium-sized firm, learning how to pivot has been vital. This article will help as you navigate your own transitions, whatever they may be.

Deciding on the Path to Law

Growing up, I did not have a strong idea of what I wanted to do. I wasn’t one of those kids who always planned to be a lawyer. I remember wanting to be an actress as a kid, then a journalist as I got older. When I went to college, I made the practical choice to pursue a business degree. When I reached my senior year of college, still unsure of what path to take, I opted to stay in school to get a graduate degree. I knew I didn’t want to get an MBA, and I’d been interested in government and politics. So, I applied to law school, believing it would give me the credibility I lacked as a 22-year-old woman and that I’d figure out the job part along the way.

Law school was harder than I anticipated, both academically and socially. I didn’t connect with my classmates who wanted to argue about cases in the hall after class and who knew they wanted to work in big firms. During the summers after my 1L and 2L years, I took the less traditional approach to employment. I worked for a lobbyist at the state bar; I studied abroad for a summer in Sydney, Australia; I then worked for the City Attorney’s Office in Charlotte, North Carolina.

Starting Out in Public Service

When it came time to look for a job after graduation, like most of my classmates, I interviewed with several firms. Instead, however, I took a job with the City Attorney’s Office, where I’d previously interned. The office had approximately 20 lawyers, each with a different focus. I was assigned to the City’s growing transit system. I spent my days doing a variety of tasks, some of which felt more “lawyerly” than others. Some days I negotiated complex tech contracts while other days I drafted policies for the City’s developing light rail system. The role was more like serving as in-house counsel. There was no litigation component, so I never went to court. While I didn’t make nearly as much as my private practice friends, working in public service was a good gig for me. I never billed my time, I worked out at lunch with co-workers, and I had a predictable 9-to-5 schedule. I don’t recall ever waking up in the middle of the night worried about work, nor did I ever work weekends. Only looking back now do I realize what a luxury that was.

Making the Switch to Private Practice

After a few years, however, life turned in a new direction. I did something I said I’d never do—I moved back to my small hometown in South Carolina and took a job with a very small, very old-school law firm. I was the only female attorney and was quickly thrown into insurance defense work. I had no litigation experience and very little guidance from the other attorneys in the office. I felt like I was playing a game where everyone knew the rules but me. I was miserable. I billed time, but had no financial incentive to do so. I was paid a salary lower than what I’d been making working for the government in Charlotte. I felt like I’d made a huge mistake. I knew practicing law this way wasn’t a good fit for me and wondered if I’d find something else in my small town.

12 Years on the Bench

A few years into private practice, I was approached by a few local attorneys who encouraged me to consider running for probate judge, a publicly elected position here in South Carolina. I was in my early 30s at the time, and the incumbent judge who’d been in office nearly my whole life was up for re-election. The prospect of running for office was daunting to say the least, but I knew I was ready to transition from private practice back into the public sector. After much contemplation, I took the leap of faith to sign up to run.

Campaigning for probate judge was one of the most challenging but also one of the most rewarding things I’ve ever done. Much to the incumbent judge’s surprise, I won. I went on to serve my community as probate judge for nearly 12 years. I loved it.

I developed and used leadership skills that went beyond being a lawyer. I took pride in making the office more accessible to the public and in providing more education and information to assist pro se parties. I made a decent salary and had good benefits, but the personal benefits for me were much deeper. The work had purpose. I enjoyed being a leader in my office and in the community. Being effective in the role required skills in leadership, personnel, project management, and organization that went well beyond the traditional skills I’d learned in law school. Serving as a probate judge was the perfect fit for the phase of life I was in at the time. But toward the end of my time as a judge, I began to feel the itch to make another change.

Mid-Size Firm: A Second Chance at Private Practice

In my early 40s, I began to wonder what else might be out there for me. My family moved to a new city, and I decided this was the time to transition back into private practice. I was fortunate enough to land a job in a well-respected mid-size firm.

Like my previous stint in private practice, I was the only female attorney when I began. This time, however, my practice area was familiar—I was hired to do estate planning and probate administration, with some litigation. I admit, it was tough to get used to being an attorney again. Practicing in front of my former probate judge colleagues still feels strange. Billing time remains challenging.

On the upside, making the switch back to private practice has given me a welcome change of pace and the opportunity to be part of an office with 10 other lawyers. We are like a big family here, and I love working collaboratively with a group of fun, smart people. And, I can proudly say that in my firm’s 100-year history, I’m its first female partner.

Unlike some other attorneys in private practice, I have complete autonomy and control over my work. My firm allows me to work from home, choose the type of work I want to do, and select which clients I take on. Private practice does come with additional pressure to generate revenue, but I’m learning to balance that with my desire for quality time with family and friends outside work.

Public or Private: Advice for Choosing Your Path

If you’re trying to decide whether to pursue private practice or public service, a litigation practice or a transactional one, it comes down to figuring out what is most important to you in your particular stage of life. Maybe you have big law school loans to repay; maybe you have young children and want to protect your time with them; maybe you, like me, need to jump around to figure out what you want to be when you grow up.

If you start a career in public service or private practice, you can change gears as your goals and life evolve. Certainly, a little change along the way has helped me figure out what I like. And, isn’t it a blessing to have that opportunity? I know I’m grateful. For me, it comes down to doing work that matters with people I enjoy being around. I have been fortunate to have found that in both public service and private practice. Perhaps the best news is that you can navigate between the two and back again, picking up valuable skills and experience along the way. It’s all about what fills your cup, whether it’s just for this season of your career or for the long haul.

Endnotes

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Harvey & Battey, PA

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