Contract Work - To Do or Not To Do

2008 caused an undeniable tornado in the legal community. As we enter 2009, many are still picking up the pieces and debris. There is an abundance of bright attorneys that were the victims of this tornado that are still searching for new legal homes. Unfortunately, the shake up in the legal community may prevent these attorneys from ever finding one.

The destruction of 2008 has forever had an impact on the legal community. Careers ended before they could even get off the ground. While other established careers, came to a sudden halt before the transition into partner could happen. We watched in shock as three highly respected law firms came crashing down and vaporized before our eyes.

As 2008 yielded its fury on law firms from the East to the West from the North to the South, I had to wonder whether firms would change their views on contract attorneys. The sudden layoffs flooded the gates of “contract attorney” land. Once a terrain that the legal community falsely assumed was reserved for the less intelligent attorneys who couldn’t land a prized position at one of the nations top law firms, this same territory was now seeing Top 10 law school graduates who were laid off from some of the best firms in the country moving in. With the market flooded with top attorneys, these uniquely positioned lawyers are finding themselves in a desperate position to pay the bills on the lifestyle their former large firm occupancy had afforded them. Would the same large firms that chased after and fought over these attorneys just few years ago – or even a year ago in some instances, be so forgiving when these same bright attorneys came knocking on their door once the market was better? Unfortunately, everywhere I have posed this question, I have gotten the same resounding answer. No. So what are these unlucky souls to do?

For those who have not decided to flee the legal profession all together, my advice starts with the consideration of the smaller and mid-size firms. These firms are more than happy to scoop up the talented attorneys that the AmLaw 200 firms have discarded. Under normal market conditions, these firms know that they would not be able to compete with the larger firms for this pool of talent. And maybe, the talented attorneys that join these firms will find happier conditions and the possibility of partner truly a realistic goal. Plus, with all of the mergers that take place in the legal community these days, these attorneys could find themselves back into the AmLaw 200 circle in no time.

I have also have advised those who have the stomach for it, to hang up their own shingle. Without knowing when the legal market will recover from the wrath of 2008, opening your own firm will keep your legal skills intact, if not grow them exponentially, and put some money in your pocket. And maybe, when the market does recover, the brave souls that took this route may be able to be scooped up by a large firm because of their entrepreneurial spirit. Or better yet, for the book of business they were able to develop. And for some of the truly lucky, the large firm would no longer be on the radar because they will end up doing just fine on their own.

Lastly, there are group of attorneys who are donating their genius intellects to the non-profit and public sectors. The pay check may be near non-existent compared to what they are accustomed, but they are still doing challenging quality work and getting more responsibility than they would have ever dreamt of in a large firm. Depending on the name that they make for themselves doing good deeds, the road could lead back to big firm life.

In closing, attorneys need to consider the ramifications of their decisions to do contract work. Unfair or not, there is still a stigma attached to attorneys who do contract work that the AmLaw 200 hold fast to for the most part. Forget that you graduated from Michigan and went to work for Cadwalader or White & Case upon graduation. The decision to do contract work while you search for your next gig could be the death of your AmLaw 200 career. Attorneys in this slow market need to understand that the decisions they make while between gigs should be viewed as just as important as when picking their next actual resume building gig.