Ever since I started this column almost nine years ago, law students have reached out to me seeking advice on their careers. I welcome this contact, and anyone who wants to ask my advice on their plans or career moves should feel free to email me at [email protected]. I recently heard from a law student who is nervous about the job market since he has not yet secured a position after graduating. This person said he might open up his own practice if he could not find a job after law school. For a variety of reasons, opening up a law practice directly after law school is not advisable and should be avoided in most circumstances.
The first point in my career where I considered opening up my own law practice was after I was laid off in a mass reduction in force about 18 months after graduating from law school. I did not want to deal with job hunting, and I disliked all of the administrative hassles of working at a larger law firm. However, I knew that starting a law firm at that point was not the best idea, and I waited another six and half years before opening up my own shop.
I knew I could not open my own practice earlier in my career since I did not have sufficient experience handling legal matters. Law school does a poor job of teaching students the practical information they need to be practicing lawyers. Even Biglaw lawyers might not have the training at such shops to open their own practice. Indeed, when I worked in Biglaw, I mostly wrote research memos and conducted document reviews, and these tasks were not too helpful when I opened my own practice.
The experience that was most helpful to me was working at an insurance defense firm for a few years. At that shop, I had primary responsibility over dozens of cases, and I handled all of the court appearances, motions, depositions, and other associated tasks. These experiences gave me the confidence needed to open my own shop, and I am happy I waited until I had a deep breadth of experience before hanging my own shingle.
Monetary reasons might also keep law school graduates from opening their own shop. Law firms are difficult to establish, and lawyers may not earn significant amounts of money shortly after starting a law firm. Indeed, lawyers should expect that they will not earn a decent income for at least a few years after they open their own shop. Law students often do not have cash reserves they can rely upon during tough financial times and might have student loans that can divert resources away from establishing a practice. It is often best to work at another shop first where law school graduates can earn consistent income and save money.
Another reason why starting a law firm after graduating law school might be difficult is sine people are less likely to trust a lawyer who is green and inexperienced. Clients usually like to know that a lawyer has significant experience in the practice of law and has preferably handled matters like the client’s case in the past. Although some law schools offer clinics that can confer practical knowledge, this type of reassurance can usually only be had by years of experience in the practice of law. Moreover, it is usually easier to originate business when lawyers get a little older since their counterparts are in more senior positions at businesses and are more able to influence decisions on which lawyer to hire.
All told, there may be some situations in which it makes sense to begin a law firm shortly after graduating from law school. But in most instances, law school graduates should work at other shops for at least several years before opening their own shop.
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothman.law.
