The pressures on private practice lawyers are ever-increasing. Demanding clients and long hours can make private practice challenging. Switching from private practice to in-house may seem like the only option.
Why is that though?
When you work as an in-house lawyer, clients won’t demand your attention all hours of the day. You’ll be free from the dreaded billable hours. The hours are far more predictable. Your remuneration package may have more benefits and bonuses may be easier to get your hands on. These obvious benefits, combined with the ever-increasing sophistication of in-house legal teams; it is easy to see why they have become an obvious choice for those looking to escape the stress of private practice. However, in-house isn’t as perfect as it seems.
The myth surrounding in-house work is that it is far easier than private practice. Numerous lawyers have made the move in-house from private practice, and been surprised to find that their role in-house could be equally as stressful as in private practice. Some have noted that the type of pressure may be different, but there are pressures nonetheless.
Working in-house comes with numerous challenges, whether it be simply knowing the business both inside and out, or the struggle of overcoming an investigatory scandal. The stress of managing teams and day-to-day pressure on costs can also make working in-house less idyllic than it seems.
Openness about the impact work-related stress can have on both physical and mental health has become increasingly popular in private practice, but less so within the in-house legal community. Consequently, there may not be the same support network available in-house. So you may need to establish coping mechanisms that are different from those exercised in private practice.
Also, it is worth noting that General Counsel and Associate General Counsel in large companies often work the same hours as lawyers in private practice, if not more. Large in-house legal departments are often set up like law firms, and thus in-house lawyers are still required to bill hours and record their activities with internal clientele – ensuring billable hours are still nearly guaranteed. In contrast, lawyers that aren’t required to bill their hours may simply work long hours and have little to show for it, making end-of-year productivity bonuses unlikely.
It is often mistakenly believed that in-house roles allow a broader variety of work, but as your employer is the client, this may not be the case. In private practice you may potentially have a greater variety of work as you advise a broad range of clients. Further, whilst developing a broad knowledge of numerous areas instead of specialist knowledge in one area may appeal to you, this may hinder your career development. You are more likely to become a generalist than a specialist, and thus an expert in nothing. Most in-house legal practices hire private practices to deal with more challenging or complex work. S0 more sophisticated work will be handed to law firms. If you’re someone who is motivated by challenging and complex legal work, this is definitely something to consider.
As the work you do in-house is unlikely to be as hands-on as in private practice, there is a good chance your skills will significantly decrease. Further, you are unlikely to receive the same training and developmental support that you would find in private practice. Law firms usually offer an on-going structured education and training programme to help with career development. So, if you wish to develop more skills in-house, it will have to be in your own time.
If you decide that you wish to move in-house, you should be aware that there may be no going back. Law firms may be extremely hesitant to hire you if you have been out of private practice. This hesitancy only increases as you reach a more senior level and if you have been out of private practice for five years’ or more. Occasionally law firms will seek to recruit lawyers who have gained in-house experience. However, they often favour candidates who have spent longer building up their commercial awareness. Most firms also demand someone who is a specialist in their practice area, and thus often prefer specialist lawyers in private practice rather than in-house lawyers who have a generalist knowledge of their area. Whilst this doesn’t mean it is impossible to move back to private practice, it may make doing so much harder, and this is something to consider.
One of the largest differences of working in-house as opposed to working in private practice, is the lack of opportunity for career progression. Very few in-house counsel make it to a senior management level position. Whereas the average equity partner in a Top 50 law firm can take home around £719,500 a year, with some firms paying over £1million. Working your way through the ranks in private practice could be a more lucrative and rewarding option.
Private practice may also offer a more stable career. There is far more uncertainty within in-house roles, although this may be dependent on the nature of the business, meaning you may find yourself out of a job due to cost-cutting exercises.
The most attractive candidates to in-house employers are those that already know their business. Thus, the lawyers inside the firms that deal with their work are more attractive candidates than an in-house lawyer in a different company, let alone a different sector. It is incredibly unlikely for most people to stay in the same job throughout their lifetime. So at some stage you will probably have to seek alternative employment. This is something to consider when deciding whether to move in-house, as it’s easier to jump from firm to firm than from one in-house practice to another. There are also far more positions available within law firms than in-house positions, and his is another issue to consider.
Whilst moving in-house still has its perks, it certainly isn’t for everyone, and it would be wrong to assume that working in-house is much easier than private practice.
Law firms are become increasingly flexible: reducing their hours, allowing for agile working, focusing on Associate development and upward mentoring, investing in technological advancements to reduce the time spent on the labour intensive working practices, improving health and wellness programmes and much more. There has been increasing awareness surrounding work-life balance and the stresses associated with overworking. There are plenty of firms out there that have adapted their practices to make life easier for their lawyers, it’s simply a question of finding one that’s right for you.
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