Want to understand what it takes to lateral as a counsel, including the crossroads of changing courses or the ins and outs of charting a new path? Lateral Link’s recruiters tell us all.
Oftentimes, there comes a point in your journey where you know you need to change lanes and switch up a gear to get to your destination. Depending on the destination – or in this instance, where your career ambition lies – you might not be itching to race ahead but instead maintain your current pace on a different scenic route. As any driver knows, each route can be very different: it might be plain sailing, or appear with dead ends which require adaptability, and the same goes for counsel roles. “It’s difficult to have a broad definition,” Kelly Rizzo explains of counsel roles, “as it depends on whether it’s at a boutique, regional, or BigLaw firm. It also depends on whether the role is part of the natural progression from associate to partner, the partner track, or off-track for people who aren’t interested in that route but still want the high-level work.” Clearly, there’s plenty to think about when it comes to navigating a counsel role, and whether you’re a budding law student embarking on OCIs, a fresh-faced junior, or a more seasoned senior associate or counsel, it never hurts to be prepared for the twists and turns the future may hold. To unpack the winding paths, we caught up with Lateral Link’s Wendy Boone, Jesse Hyde, Kelly Rizzo, and Jennifer Anderson to learn more about the ins and outs of making a counsel move, from off-track to on-track and all the key considerations to anticipate along the way.
Off the beaten track
Fewer and fewer attorneys are staying at the same firm from their summer program all the way through to partnership. As such, more and more paths are opening up for attorneys looking to advance, but there remain many factors at play when it comes to making such moves. “There are just so many more options for people now,” Rizzo emphasizes, “for so long, there weren’t many BigLaw firms in cities like Dallas, Austin, Seattle, or St Louis,” by way of example. “Over the last decade, we’ve seen these global firms move into these smaller markets, opening up a whole new world for the candidates who live there,” she adds, noting that “firms are making it more attractive for laterals; they’re offering more, and people are making smart moves that are going to benefit their career.” Given the variety of choices, firms are stepping up their game to secure top talent, too. As Boone tells us, “Some firms are aggressively positioning themselves in the market by hiring talented counsel from peer firms where the path to partnership has become increasingly difficult.”
Counsel positions are also worth considering for those transitioning from government roles to private practice. “Right now, we’re seeing a lot of movement from the government into the private sector,” Rizzo underlines, “the ongoing reduction in the number of federal employees naturally impacts attorneys.” It’s certainly an avenue to consider for someone more senior in government as a means to transition back to private practice and build up a book of business without having to slot back into an associate role.
To be on-track or off-track, that is the question
“You need to evaluate what your long-term role will be with the firm. It can be challenging to lateral back to a partner track position if that is something you ever want to do again.”
As is the case with any decision, to make the best-suited one, it’s important to be aware of the pros and cons. First and foremost, it’s key to understand the differences between ‘on-track’ and ‘off-track’ counsel positions. “You need to evaluate what your long-term role will be with the firm,” Hyde explains, offering a gentle warning: “It can be challenging to lateral back to a partner track position if that is something you ever want to do again.”
Kicking off with off-track counsel positions: these provide attorneys with an alternate avenue to making partner which means there’s no requirement to dedicate substantial time towards business development and bringing in clients. “A counsel is not expected to do that,” Rizzo makes clear, “so for those not interested in that aspect of private practice for whatever reason, the title removes the expectation and the strain.” These sorts of positions are well placed for those who “have the skill set and are very experienced in doing the actual work,” Hyde notes, adding that there’s also often the benefit of a better work-life balance and more flexibility. For those looking to hop into a counsel role, the ideal range is those associates in their sixth year onwards. To those who fit the criteria, Hyde advises, “Hone your practitioner skills, make sure you’re being brought in and have that control over substantive matters, and market your senior-level experience.” It’s often easy to conclude that counsel aren’t as engaged or as involved in a law firm, but Hyde makes clear, “On a case-by-case basis, permanent counsel aren’t precluded from recruiting, administrative roles, and management decisions within a firm. Similar to a non-share partner, you’re still very much an active citizen of the firm.”
On-track counsel positions, on the other hand, can be a solid stepping stone on the path to partnership. Of course, these positions can be harder to come by, as Anderson explains, “The firm would really need to have work they felt was being left on the table, or that the candidate has clients and was bringing in a book of business in a practice they were looking to invest in.” That said, Rizzo notes that “right now, it seems like most folks want partnership to be on the table.” Boone agrees, explaining that “the goal of making a move that late in your career has to be for a very strategic purpose.” For those who are able to clinch an on-track counsel position, there’s often a timeframe in which performance is monitored before elevation to partner can happen: two years tends to be the usual window, though “as some firms are trying to be more competitive in the market, they might monitor you for anywhere between six to eighteen months and then put you up for partner,” Boone highlights. All this being said, it’s not a one-size-fits-all situation. “It’s okay for candidates to talk about their expectations and goals,” Rizzo reassures; in fact, she notes, “It’s critical to have those conversations and set expectations before joining a firm!”
As with any move, keeping an open mind is essential. In this instance, if the goal is to be on-track for partnership, it might be worth getting comfortable with the idea of sliding down the rankings scale to increase promotion opportunities. “If a counsel wants to make partner, they must think long-term and be open to the types of firms they speak to,” Boone advises, noting that “counsels at a top 50 firm will often shift lower down the ranking scale in an effort to join a firm as a partner or be elevated in a shorter timespan than is being offered at their current firm.” Once candidates gain the partner title, there can be the opportunity to move back up the scale again if there’s a substantial book of business built. As Boone notes, “The partner title carries significant weight when it comes to building and maintaining client relationships. It’s significantly easier to build a successful practice with a more senior title.” Breaking it down a little further, Rizzo gives an example: “Say I’m at a top 50 firm and went to a top 200 firm; my rates would be much more reasonable, which would make it easier to attract clients and build my book as I also have the experience from my prior firm.” Ultimately, though, Rizzo notes, “Often, people make that move and end up being happy where they are, as there is more flexibility with rates and business development to shape their practice the way they really want to.”
The question of timing and marketability
Timing will always remain a key factor. “You never want to wait until it’s a ‘do or die’ moment,” Rizzo headlines, “Often, opportunities will come along when you’re not looking for them, so being open-minded and willing to consider them, even if the time is not perfect, is the best.”
As for levels of experience, as with most lateral moves, mid-level associates with three to five years’ experience sit at the sweet spot. Anderson points out, “At this stage, you have great experience and some true skill, and the firm has made a real investment in training you.” Candidates’ marketability also comes down to the dollar value, too, as at this stage, “you’re not too expensive so the shift over would be easier. Culturally, too, it gets harder the more senior you get.” Partners, however, tend to be the exception to this rule as they have a portable book of business.
As an associate, it’s key to be proactive, particularly if you’re looking to pursue an on-track position. Rizzo notes, “It can become a bit of a red flag if you’re counsel at a firm for ten years and then decide to lateral to make partner. New firms are going to wonder why you were sort of complacent for a long period of time.” To avoid this, she advises “looking for the next step before it’s necessary.” Boone adds, “It’s best for an attorney to be well situated at a firm around their sixth to eighth year where they have a high likelihood of making partner.” However, for those less concerned with making partner and instead prefer to be in a counsel role for the foreseeable, moves can be made anywhere from sixth to fifteenth year.
Open postings and hidden opportunities
Given the make-up of law firms, there tend to be more open associate and partner positions, while posted counsel positions are relatively less common. Some postings may even use the titles ‘senior associate’ and ‘counsel’ interchangeably. Hyde explains, “If firms do have a need for counsel, they will define the role and express it upfront.” This is often the case in instances where a practice needs an attorney to join and hit the ground running.
“Often times, the position will come from opportunistic enquiries that we’ll make.”
More often than not though, counsel opportunities arise when a competitive candidate comes to the table with portable clients or even a business plan. “Often times, the position will come from opportunistic enquiries that we’ll make,” Rizzo underlines, emphasizing the role a recruiter can play in opening up hidden doors. Additionally, recruiters can provide coaching support throughout the application process. For example, Rizzo explains, “Business plans can be a daunting task, but we can guide candidates on the information they need to include for it to be succinct but persuasive.”
As far as the amount of time taken to actually make the move itself, Hyde explains, “On the short end of things, it can take two months or so from the initial application to the second-round interview to conflict clearance, onboarding, and offer negotiation.” Of course, it’s not always plain sailing, and Boone warns, “It can often take six to nine months, or even longer, to find the right firm with a specific need that aligns with your skills and experience.”
Words of wisdom
With all the above in mind, we asked our interviewees for some final words of wisdom, whether that be career advice or tips for working with recruiters. Starting with a key message to readers, Hyde stresses, “The counsel track is a permanent part of law firm systems and staffing strategy – it’s here to stay for sure!” He notes, “Often firms are looking for an intermediary between practice management, partners, and junior- to mid-level associates, so make sure you have the proficiency and ability to take the lead and manage juniors.”
“Keeping an open mind and being willing to have conversations with firms that maybe weren’t on your radar will be very beneficial.”
Further, Rizzo reiterates the need for an open mind: “It’s important not to constrain yourself to three to five firms, as those firms might not be immediately responsive at that time. If they don’t have a need, that certain practice is not busy for them, or if they just onboarded new people, then they’re all set, and we’re back to zero very quickly. Keeping an open mind and being willing to have conversations with firms that maybe weren’t on your radar will be very beneficial.”
Emphasizing the benefits of working with a recruiter, particularly in the counsel field, Anderson highlights, “It’s one of those spaces which, unless you have a specific relationship at a firm that you’re interested in moving to, working with a recruiter really is incredibly valuable, because the recruiter will have a relationship with the firm and understand their practice needs and strategic growth areas.” In the same vein, Boone recommends “working with a recruiter who has experience placing candidates in counsel roles and can present your candidacy in the strongest possible light.”
