With the recent election concluded, albeit with some remaining uncertainty, one thing is clear: significant shifts are on the horizon at the federal level. For attorneys currently in federal government roles, this period of change might be an ideal opportunity to reassess and possibly transition your career. Whether you’re considering a return to BigLaw or exploring it for the first time, it’s essential to be thoughtful and strategic about the steps you take. Below are some important considerations to help you navigate your next career move:

Connect with a Career Advisor or Recruiter Early

Federal government lawyers often work in highly specialized fields, primarily within litigation or regulatory functions, which may not align directly with all BigLaw roles. The opportunities that best suit your expertise and experience will likely be very specific, so starting with a recruiter can help you focus on the right options. A skilled recruiter can provide honest insights into the current hiring market, explain realistic timelines, and discuss the types of BigLaw roles that might be a fit. This is especially helpful if you’re coming from a public sector environment and are less familiar with the private sector's dynamics. Additionally, a knowledgeable recruiter can discuss potential practice areas or specialties within BigLaw that align with your background and may even help identify alternative paths you may not have considered.

Organize and Update Your Application Materials

When applying for BigLaw roles, especially as an experienced attorney, it’s crucial to have all necessary materials prepared well in advance. These materials include:

• Your Resume: This should be meticulously detailed and targeted, highlighting relevant achievements and experiences that align with BigLaw’s expectations. Tailor it to demonstrate how your government experience translates into valuable skills for a law firm setting.

• Law School Transcript: An unofficial copy of your law school transcript is typically required, as law firms often weigh academic achievements in their evaluations.

• Matters List (if feasible): A matters list is a comprehensive summary of cases and projects you’ve worked on, detailing your role and responsibilities. While this might be challenging to compile based on the nature of your government work, especially with confidentiality restrictions, it’s useful for recruiters and prospective employers if you are able to prepare one.

• Writing Sample: Many firms require a writing sample as a demonstration of your analytical and writing skills. If you don’t have a formal piece of legal writing from your government role that you can share, discuss alternative options with your recruiter. In some cases, firms may accept redacted versions of public documents or other forms of written work that showcase your expertise.

Work Closely with Your Recruiter to Target Specific Roles

Once you have a clear sense of the BigLaw roles that interest you, your recruiter can curate a list of potential opportunities tailored to your skills and experience. Take the time to walk through this list carefully, discussing each opportunity in detail to ensure it aligns with your career goals. It’s crucial to maintain control over where your resume and materials are submitted. Reputable recruiters should not submit your resume or information to firms without your explicit, written consent. This is especially important for government attorneys moving into BigLaw, as you’ll want to ensure that the firms you target are genuinely interested in candidates with your public sector background. A good recruiter will be transparent about which firms are more receptive to such transitions and can provide insights into the types of experiences that appeal to each firm.

Consider a Broader Range of Career Paths

While many recruiters focus primarily on placements in BigLaw due to its established recruiting structure, don’t overlook opportunities in state government, corporate in-house positions, or the nonprofit sector. While large law firms regularly pay recruiters for strong candidates, in-house roles tend to do so less frequently, and state government and non-profit employers rarely engage outside recruiters at all. However, an honest and experienced recruiter or career advisor can guide you in exploring these options if they align with your career goals. Moving into state government or the nonprofit sector can offer rewarding opportunities to continue your public service mission while gaining unique experience, while in-house roles provide direct client-focused work and a different perspective on legal practice.

Plan Your Timeline and Manage Expectations

The transition from a federal government position to BigLaw (or any new sector) requires strategic planning and patience. Understanding the timing of hiring cycles, especially in BigLaw, can make a significant difference in your search. Some firms hire on a rolling basis but may have distinct peak periods or hiring cycles based on practice area needs. Others may hire much less frequently.

Tap Into Your Government Network

As a federal government attorney, you likely have access to a valuable network of colleagues and contacts. Consider leveraging your network to gain insights from peers who have successfully transitioned into private practice or other fields. This can provide you with firsthand perspectives and practical advice that goes beyond what any recruiter can provide. Your network can also open up additional job leads, professional recommendations, and networking opportunities that could prove invaluable.

Understand Your Transferable Skills and Value Proposition

Attorneys in government roles often have strong regulatory, litigation, and analytical skills that can be highly valuable to firms and organizations outside of government. Be prepared to articulate how your specific skills, such as managing complex cases, interpreting regulatory statutes, or drafting formal litigation documents, translate to the private sector. Work with your recruiter to hone this narrative so that prospective employers clearly understand the unique strengths you bring from your government experience.

I was struck this week by an article in the American Lawyer entitled "'More Deals and Larger Deals': Big Law Dealmakers Weigh In on Rate Cut Impact." The author speaks with several BigLaw corporate practice leaders across sub-practices like private credit, private equity, M&A, funds and venture capital. Across the board, the practice leaders said that the recent decision by the Federal Reserve to cut interest rates should have a largely positive impact on all of their respective corporate practice areas. Less expensive money leads to more deal activity in a lot of respects.

So, to borrow a phrase from the article, a trend in declining interest rates means it's only a matter of "when," not "if," lateral corporate associate positions will increase.

This does not mean that you should necessarily wait for this undetermined time to consider making a lateral move as a BigLaw corporate associate.

Here are some things to keep in mind during our current moment for corporate associates:

Corporate associates still have many options right now, especially mid-level associates. If you are a 4th year corporate associate or slightly more senior, then the opportunities are out there for you in the market (see relevant article here). There are always a good number of firms in the major legal markets who lose too many midlevel corporate associates to other firms or in-house jobs. When the increase in lateral corporate associate hiring comes, it will most likely impact more junior-level openings.

If New York City is your destination, consider looking now. When it comes to corporate BigLaw openings, it is hard to underscore just how much bigger the NYC legal market is than any other. New York corporate lawyers have remained busy since the pandemic. Additionally, the other big market for corporate BigLaw, California, is still recovering from events like the Silicon Valley Bank collapse. Add in the sheer number of BigLaw firms doing corporate work in NYC and the opportunities are there if you're thinking about a lateral move.

Firms will still cover lost year-end bonuses for strong candidates. I talk to lots of corporate associates around this time of year who self-select themselves out of looking now. They think it is better to wait until the new year after a possible year-end bonus will be paid. But if you're a strong candidate for a move that successfully gets an offer with a new firm, then it is very possible that the new firm will make arrangements to cover your year-end bonus.

Start working with a recruiter now to develop your materials and strategy, even if a move for you is not until next year. In the article cited above, most of the practice leaders quoted agree that an increase in corporate deal activity due to interest rate cuts will not come right away. It will take time for the market and their clients to adjust. As a result, the accompanying increase in corporate lateral hiring will likely take some time as well. But instead of waiting for an unknown future time where this increase in hiring will come, it makes sense to start talking to a recruiter now. Every person's search is different and perhaps the opportunities that match your goals are already available. If you are in a situation where you are not fitting into the firm culture, where you are not having good opportunities for advancement or where you are not in the location that you want to be, then you may not have the luxury to wait for a move. Additionally, while opportunities are forecasted to increase, this does not mean that every firm will be hiring at the time you are looking to move. It's better to work with a recruiter to assess what is available now that matches your goals. You can always come back to the search in earnest at a later date if need be.

While the prospect of increased deal activity may make future opportunities more abundant, it’s crucial to remember that timing isn’t everything in a lateral move. Firms are already assessing their long-term needs and looking for top talent who can navigate this transition period effectively. In fact, positioning yourself as an associate who is prepared to lead and handle the complexities of a shifting economic landscape could make you a more attractive candidate now, rather than later. Strategic moves are often made not just when the market peaks, but when it’s on the verge of growth.

Even if your last "back to school day" was long ago, chances are you still have that same feeling around Labor Day every year. As a result, now is a natural time for many BigLaw associates to think about their next steps.

There is a wrong assumption that most BigLaw associates make their lateral moves in January or February, after most associates receive their annual bonuses.

But this is not the case.

Historically speaking, the fourth quarter of every year tends to be the busiest for BigLaw lateral activity. This is likely to be particularly true in 2024 as work at large law firms continues to steadily increase and the demand for lateral associate talent picks up.

Here are some tips on how to get "back to the job search" as a BigLaw associate thinking about a lateral move:

• Sharpen Your Pencils (Update Your Resume): Just as students stock up on supplies, make sure your tools are in top shape. Take the time to update your resume, ensuring it reflects your most recent deal/case achievements and responsibilities. Later on, you will work with a recruiter like myself to super-tailor your resume to individual firms. Check out my tips for "super tailoring" your legal resume.

• Review Your Syllabus (Assess Your Career Goals): Every successful student knows that understanding the course syllabus is key to a good semester. Similarly, reassess your career goals and trajectory. Are you on the path you want to be on? What gaps exist between where you are and where you want to be? September is the perfect time to evaluate and adjust your plans. Read over my article "Should I Stay or Should I Go?" on Chambers Associate.

• Meet with Your Teachers (Network with Key Contacts): Just as students benefit from building relationships with their teachers, you should focus on networking. Reconnect with mentors, former colleagues, and recruiters who can provide insights or open doors for your next move. Building these connections can offer guidance and opportunities when you decide to take the leap.

• Join After-School Clubs (Engage in Professional Development): Much like after-school activities that enhance a student's experience, participating in professional development can set you apart. Consider attending conferences, webinars, or law school alumni events to enhance your knowledge and visibility within your field.

• Do Your Homework (Research Potential Firms): A successful lateral move begins with thorough research, akin to a student diligently doing their homework. Work with a recruiter that has your goals in mind to identify firms that align with your values, practice area, and long-term goals. Understand their cultures, their strengths, and how you can add value to their teams. Read my Above the Law article "Leaving BigLaw vs. Changing Your BigLaw."

• Check-In with Your Guidance Counselor (Consult with a Recruiter): Just as students rely on guidance counselors for advice, working with a recruiter can be invaluable in your job search. They can offer insights into the market, provide feedback on your resume, and connect you with opportunities that align with your goals. Read my Above the Law article "Relocating As A BigLaw Lateral Associate: An FAQ."

• Plan for Exams (Prepare for Interviews): Interviews are your final exams in the job search process. Start preparing by reviewing common interview questions, brushing up on your knowledge of potential employers, and practicing your responses. The more prepared you are, the more confident you'll be when the time comes. Take a look at my prep worksheet for legal interviews.

• Stay Flexible with Your Schedule (Keep an Open Mind): Just like a student’s schedule might change with new classes, be open to unexpected opportunities. Sometimes the best career moves are the ones you didn’t initially plan for, so remain flexible and ready to adapt.

September is not just a return to routine; it's an opportunity to recalibrate and set new goals. By applying these "back to school" strategies, you'll be well on your way to making your next lateral move with confidence and clarity.

At this point in 2024, there has been a somewhat constant stream of lateral associate openings for antitrust practices. While most of these openings can be found in the DC and New York markets, some openings are available nationally. I have placed multiple associates into antitrust practices at BigLaw firms.

There are many reasons why antitrust associates might consider a lateral move. For some, the reasons are similar to what you might find for associates in other BigLaw practices - for example, making a geographic move or moving to a firm with great advancement prospects. But when it comes to an antitrust practice, there are also associates that move in order to change the nature of their very specific practice. Maybe they have been specializing in more litigation regulatory work and would like to do more transaction-advisory work in order to have better prospects for corporate in-house positions. Or maybe their current work is very specific and they would like to have a broader, more holistic antitrust practice. Additionally, each antitrust practice has its own work environment, expectations, and opportunities for professional development. Maybe there is a firm that has a stronger mentorship program or a more flexible work from home policy.

Whatever the reason an antitrust associate might consider a lateral move, there are opportunities right now for them to consider. Here's a closer look at some trends I have noticed:

1. Demand for Antitrust Associate Talent is Across Regulatory, Transactional and Litigation Lines. The need for antitrust associates includes those with a specialized regulatory practice (e.g., those with Hart-Scott-Rodino (HSR) filing experience), those who advise on antitrust issues for large transactional matters and those who have experience litigating antitrust issues. The type and breadth of the need will depend on the specific firm and opening. But there are openings out there across these different subspecialties.

2. Most Demand is for Mid-Level Associates. Like lateral associate openings in other BigLaw practices, most antitrust associate openings are for mid-level associates. This means that antitrust associates with 3 to 5 years of experience have the most options available. However, there are also positions for junior associates and more senior roles, depending on the firm's needs and the associate's experience.

3. Opportunities are Concentrated in NY and DC with Some Firms Open to Any Office. Antitrust practices are concentrated in the two largest legal markets in the U.S. - New York City and Washington, DC. Given NY's preeminence for transactional work and DC's focus on litigation and regulatory work, this makes a lot of sense (though antitrust positions out there are not necessarily segmented by market in this way). However, as a result of the increase in remote and national hiring starting in 2020/2021, more firms are open to filling positions such as antitrust associate needs in any of their national offices.

In conclusion, antitrust associates considering a lateral move have a range of opportunities available, especially if they have mid-level experience and are open to working in major legal markets. By carefully considering their career goals and the specific opportunities available, associates can find positions that align with their professional aspirations and personal needs.

The summer is an excellent time to start strategizing and thinking about a lateral move if you're a BigLaw associate, especially given the slower hiring market.

Here are some things you can do as a BigLaw associate over this summer to set you up for a move later in the new year or going into next year:

• Get your materials up to date and in good shape. For a BigLaw lateral submission your recruiter will need an updated resume and a copy of your unofficial law school transcript, and then possibly a representative deals or matters list, a writing sample and unofficial transcripts from your other higher ed institutions. The resume is obviously the most important and you will want to ensure that you are including good amount of detail about your current BigLaw position, especially regarding drafting experience.

• Make sure you are getting more of the work that you enjoy. I talk to lots of BigLaw associates that want to retool to a different BigLaw practice. This is not easy to do. However, to the extent you can obtain exposure to more interesting work at your current job, it will be easier to make a move that helps achieve your lateral goals when it comes to practice. For example, a corporate associate may be only working on M&A deals, but their group has been getting busier with SEC advisory and corporate governance work. To the extent the associate is planning a move to a firm where they can get a broader corporate experience, it will make sense to take on assignments in these busier areas to strengthen their candidacy for corporate generalist openings.

• Consider whether geographic relocation makes sense and when. Maybe you are working in a city that you and your family did not plan on living in forever. If you are thinking about a geographic relocation in the future, there are important steps to take to make this type of move easier. First, what steps do you need to take to get admitted to the bar in the state to which you want to relocate? Can you get admitted via a score transfer? Admission by motion? Or will a new bar exam be necessary. (The National Conference of Bar Examiners has jurisdiction-specific information to answer these questions.) Second, you might need to shift your practice at your current firm or work to get assignments in practice areas that are larger or more popular in your target geographic destination.

• Enhance your professional online presence: Update your LinkedIn profile and other professional social media accounts to reflect your current experience. Make sure to include descriptions about your work product as well as community activities and volunteer work that may be relevant. Start connecting with friends, colleagues and fellow alumni on LinkedIn. Follow the accounts of LinkedIn posters who share updates on opportunities and the market in general.

• Network within your own firm: Take advantage of the summer months to build stronger relationships with partners and associate colleague. Some of the best advice for next steps in your career as a lawyer come from the people with whom you work for and with. With your closer co-workers, express your interest in new opportunities and seek out mentors who can provide guidance and support for your career goals.

• Start talking to recruiters and industry professionals. Even if the timing is not right for a BigLaw lateral move this summer, it makes sense to start having conversations with recruiters and industry professionals. When BigLaw associates who are considering a lateral move reach out to me, I provide tailored and specific advice regarding what they can do to set themselves up for success.

If you or someone you know needs advice on making a lateral move, feel free to schedule a career advising appointment with me at calendly.com/gridline to explore potential opportunities and career pathways tailored to your goals and aspirations.

When I speak with BigLaw associates thinking about a lateral firm move, they often don't know what it is like to work with a recruiter. Maybe they have responded to a couple cold calls or messages on specific positions. But it's rare that they've worked with a single legal recruiter on a strategic lateral move or relocation.

It goes without saying, but understanding how to communicate with your legal recruiter is essential.

Clear communication can be the difference between getting a position of interest or getting noting at all.

Here are my essential tips:

1. Start your conversation with a recruiter by telling them about your career and job search goals. I start every interaction with a BigLaw associate considering a lateral move with a 15-30 minute phone or Zoom conversation to discuss job search goals. Why is the associate looking to move? What types of employers are of interest and in what order of priority? What types of practice does the associate have and what are they interested in changing/shifting (if anything)? What are the associate's reputation and compensation goals? What are the geographic bounds? In order to be helpful, it's important to know the scope and boundaries of the associate's search.

2. Make sure the recruiter will be helpful in the type of job search that you want to do. Recruiters cannot assist every BigLaw associate on every move that they are trying to do. Recruiters are paid by employers to fill positions, but employers won't pay to fill every position. Maybe there is not high demand for your practice area at employers. Maybe you are too junior or senior for the openings that exist. Maybe certain qualifications will make it difficult to be successful in a recruiter-supported search. As a recruiter, I'm always up front about when I think I can be helpful and when I cannot. Ensure that the recruiters you speak to are confident in their ability to provide assistance. Ask about their employer connections and specific positions that come to mind. Ask how they plan to be helpful in terms of material preparation and review, mock interviews and offer evaluation and negotiation. If you don't feel a connection with the recruiter, do not move forward with them.

3. Ask the recruiter how they plan to communicate and keep you updated. One common complaint I've heard from candidates working with other recruiters is their lack of responsiveness, often requiring constant follow-ups. This issue can be mitigated by establishing clear expectations with a recruiter before fully engaging with them. Personally, I use various communication methods with candidates such as shared Google Spreadsheets, emails, phone/Zoom calls, and texting to maintain contact. For less urgent updates, I utilize the spreadsheet; for moderately urgent matters, I may choose email, and for immediate responses (like scheduling interviews), I prefer calling or texting. It's important for recruiters to recognize that candidates have busy schedules and to communicate accordingly. However, they should also be prompt in addressing your questions and providing updates since it's your job search at stake.

4. Tell the recruiter about every job, position and employer to which you have already applied, either directly or through another recruiter. A recruiter can only help you with positions to which you have not already submitted. Some candidates mistakenly believe that a recruiter can use their contacts to advance a self-submitted application, but this isn't the case. Employers will consider these types of applications already submitted and they will not compensate the recruiter. It is the same case when another recruiter has already submitted to an employer. It is completely fine to work with multiple recruiters - just make sure you are clear who has submitted what so wires don't get crossed and complicate your candidacy.

5. Approve recruiter submissions on your behalf with specificity. Before you send a resume to a recruiter, make sure to include a note in your email that says something to the effect of "Do not recirculate or submit this resume to any employer without my express and specific permission." Once you talk to a recruiter and provide a resume, they may be operating under the assumption that they can submit on your behalf to any employer, lead or job posting that fits within your career goals. Do not let recruiters do this. Ask them to provide a list of job opportunities and leads (I often do this through a shared Google Spreadsheet that is always accessible to the candidate). Once you provide the above note in your initial email, the recruiter will understand that they will need your written authorization each time they submit your materials. This will ensure you retain control of your job search

6. If communication consistently fails, seek another legal recruiter. Maybe a recruiter submits you for a position or two. You don't hear anything so you follow up. You don't hear back from that for days or weeks. It's time to move on. The recruiter is implicitly telling you that they have heard nothing and they don't have any other positions for you. But another recruiter may have

In my time as a legal recruiter and career advisor, I have spoken with many associates who give notice to their BigLaw firm and when they do so, they hear the following from their main partner or supervisor:

Partner X: "I'm very sorry to see you go. I had no idea you were unhappy here!"

And when the partner says this, they mean it! The departing associate may have gone through mid-year reviews, year-end reviews, late night honest conversations and more - all without giving any indication whatsoever that they were unhappy or considering leaving their firm.

Before you make a decision to simply given notice to your BigLaw firm, consider taking the following 5 steps first:

1. Have an honest, direct conversation about your unhappiness with your mentor/supervisor partner. Law firms prioritize client service over everything else. This can mean that it's difficult to make time to discuss your progress at a law firm, let alone your frustrations and concerns. But at the end of the day, if you're doing good work, a law firm (specifically, an individual partner that likes you) will find a way to keep you. Write down an outline of the concerns you need to address and ask the partner if you can set aside at least 30 minutes to talk them through.

2. Get your work from the people you like. If you are working at a BigLaw firm, chances are you are working in a particular working group with a particular practice area. Within that working group, there must be partners and more senior associates who you like working with better than others. Have candid conversations with those attorneys about getting staffed on their projects and getting more work. Of course it's easier said than done, but generally speaking, if you're making your hours working for and with the people you like, it is much easier to say "no" to the people that you don't wish to work with.

3. Ask for a part-time or flex schedule. Just like that. Just ask. Think of the partner that you work with the most that has the most influence within the firm. Someone who interacts frequently with the firm's management would be great. Say that you enjoy your work, and you want to stay, but this is the piece that you need to change. The worse that they can do is say no. If you are successful in negotiating a flexible schedule, it may not be perfect. You may still have long hours for your "on-days" and may need to switch your schedule around. But this kind of change can still be great for someone who wants to get themselves more runway while they think more strategically about their next steps.

4. Take advantage of the professional development department. The amount of professional development support at large law firms increases every year. New positions like internal career advisors are being added. This is a new type of PD professional who often provides job-related advice on a confidential basis. Even if your firm does not have a position like this, chances are they do have a professional development advisor of some kind. They can help you develop a strategy to make your existing job work better for you.

5. Talk to a recruiter like me! A good recruiter will ask you whether you have done the previous steps and walk you through how to do them. Recruiters would rather have you critically evaluate your current job than have you look at opportunities hurriedly and back out of the job seeking process later down the line. And if it ultimately sounds like a move makes sense at this point, then you have someone that can help.

It's the start of a new year. This is a time when someone naturally thinks about making a change, and that includes BigLaw associates and their careers. But if you've been contemplating a lateral move - to shift your practice or client base, to change your compensation, to relocate geographically, or otherwise - it can take some time to execute a successful lateral move in the world of large law firms.

Time is needed to prepare a for a successful lateral BigLaw move for a number of reasons:

To discuss the state of hiring and your search goals

When it comes to BigLaw lateral opportunities for an associate, the type and quantity very much depend on the associate and what they are looking for next. Candidates often ask whether lateral hiring is "booming" or "slow" and the answer always depends. If you are an associate in a niche practice that is slow and you want to move to a firm doing that same kind of work in the same market, then it is likely that opportunities will be few and far between. On the other hand, if you are in a somewhat busy practice area and have some flexibility regarding the type of work and location, more opportunities may be available.

To time outreach to firms thoughtfully

Once you and your recruiter have aligned your search goals with the market's status, it's crucial to time your outreach to firms carefully. Your recruiter should provide a tailored list of firms that align with your goals. Some firms may have urgent openings where timing is critical, while others may not have immediate openings but could consider a candidate with your background. Your recruiter might also recommend starting the search at a later time when the hiring market for your target position is more active.

To prepare strong materials, especially a tailored resume

Materials required for a lateral move typically include a resume, law school transcript, and a writing sample. While a cover letter may also be necessary, your recruiter might handle contextualizing your interest with their firm contacts. References may be needed later, but a request from your current employer is very rare. The primary focus should be on creating a highly tailored resume that effectively communicates your relevant experience to potential employers. Depending on the target firm, you may need to make slight adjustments to your resume. New firm employers often rely on the resume to learn about candidates, so collaborating closely with your recruiter on this is vital.

To refine your messaging and to prepare for interviews

Regarding lateral interviews, many candidates believe, "I know how to talk about my work. I think I'm all set." However, before making a lateral move, it's essential to approach interviews thoughtfully. Firstly, be clear and consistent about your interest in transitioning to a new firm. Identify what attracts you to the potential new employer and why it's a better fit than your current one. Additionally, be prepared to discuss your experience succinctly yet comprehensively. Your recruiter should work with you to craft compelling narratives about the projects you've worked on and your role in them.

To make sure you are making the right choice

The timeline for many lateral BigLaw candidates is often ASAP!, driven by factors at their current firm. Still, particularly in the context of lateral moves within BigLaw, careful consideration and preparation are essential. While there are differences between large law firms, there are also many similarities. Taking the time to thoroughly evaluate new firms ensures that a potential new employer offers a significant enough departure from your current one.

When it comes to making a lateral move within BigLaw, it's important to work with a recruiter that will take the time to consider your goals and only approach firms that make sense for those goals. You can learn more about my approach to legal recruiting on my website, www.gridlinesearch.com. And if you want to have a free call to discuss your thoughts and plans for a lateral move, you can grab time on my calendar at calendly.com/gridline.

The nature of a BigLaw lateral associate interview is conversational in style and tone. Typically, the interviewer, whether a partner, associate or internal recruiter, will ask you straightforward questions to learn about your experience, your interest in the firm/position and your career goals. Your answers will provoke new questions and the resulting interview should feel more like a talk than an inquisition.

However, some questions that you receive in a lateral associate interview may surprise you. Maybe you have never received them before or did not think they would come up. In the moment, you might be concerned about how to answer properly and completely.

In my experience as a BigLaw career advisor and recruiter, there are some common-enough unexpected questions. Here are some strategies for answering them successfully:

How did you pick your practice / specialty? When you lateral as an associate, you may have been in your practice so long that it might not be easy for you to recall the answer this question. But it's important to be prepared to answer it - employers frequently want to know what connects you to the work and what keeps you motivated in the practice. Ahead of any interview, think back to when you made your practice area choice. Maybe you knew before you went to law school, motivated by a prior work experience or undergraduate class. Or maybe you discovered it later as a summer associate, drawn to the culture and dynamics of a particular working group. Maybe it was something different altogether. In any event, be prepare to answer what motivates you to do the work that you do.

Tell me something about yourself that isn't on your resume. This is really just a "getting to know you" type of question, but when asked, it can feel like it is completely out of left-field. There is no perfect way to answer this question, but you can go in a couple directions. Consider an answer that explains a little about your professional personality - something honest about your soft skills with examples that prove it. Others talk about something outside of work that they are passionate about. Either way, once you have answered, don't be afraid to ask whether this satisfies the interviewer's question or whether they were looking for something else.

Tell me about your most challenging legal project / case / deal. In any lateral associate interview, you can expect that the bulk of questions will be about your legal experience. With this specific question, employers are trying to get at how you personally handle difficult work assignments as a lawyer. Be prepared with a real and specific example of your most challenging project as a lawyer so far. Write up some bullet points summarizing the project. Include specifically what made the project so challenging. Then write up more bullets on how you and your team addressed these challenges, as well as what you learned from the project and how it better prepares you to address similar challenges in the future.

I've heard from my colleagues so much about you already, so I don't have many questions for you; instead, what can I answer for you about the firm? Especially if you have already had a lot of individual interviews with a potential firm employer, this type of question can come up from time to time. You may be caught of guard because you have 30 minutes with this person and it will be up to you to use the time. This is why it is so important to go into interviews prepared with questions for the interviewer that will provoke conversation - How did you decide on this firm? How did you get into this practice? What do you think makes for a successful associate in your group? I saw you work primarily with clients in [X] industry; how did you develop this industry specialty? It's always good to ask questions of your interviewer that will get them talking about their work. These are questions that are easy for them to answer and you will be actively showing them your interest and engagement in the practice in real time.

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These are just a few of the "unexpected" questions you may get in a lateral associate interview. Your recruiter should work with you to prepare for the unexpected. Additionally, always de-brief with your recruiter after your interviews, especially if you get unexpected questions. There may be steps you can take through your recruiter or with their advice to address them with the potential employer after the interview.

Advising on the formation and function of investment funds is a large and growing practice at BigLaw firms. It take a lot of nuanced and specific legal advice for a private equity firm or other company to set up an investment fund. Additionally, once a fund is set up, companies may require ongoing legal compliance advice for their fund, especially when it's classified as a "registered fund." As a result, funds work is wide, varied and different by firm. The majority of associate position openings fall under the category of "investment funds," but firms can also be looking for "private funds" associates, "registered funds" associate, "fund formation" associates, "fund finance" associates and "Investment Company Act / 40 Act" associates.

Funds attorneys are often busy, even when connected deal practices like M&A or capital markets have slowed. For example, a lot of funds practices are busy now setting up real estate funds (such as REITs or real estate investment trusts).

If you're a funds associate at a BigLaw firm, there are lots of different reasons why you might consider lateralling to a different firm's funds practice. Here are some of them:

1. To change your type of funds practice. In BigLaw funds practices, there are two major types of attorneys: a) those that advise on private funds created for the purpose of a major transaction (like the purchase of a company); and b) those that advise "registered funds" like mutual funds on government regulatory issues. There are considerably more attorneys that work in private funds than registered funds. Therefore, particularly if you are a junior associate that has been working as a registered fund attorney, but want to move into private funds, a lateral move makes a lot of sense.

2. To change the types of funds that you advise. In addition to the different types of funds practice groups, there are also different types of specific funds that attorneys advise on. For private funds practice in particular, you may advise on private equity funds, venture funds, hedge funds or a mix of all of the above. For example, I've talked to several associates that want to focus their funds practice on working with venture funds because this means working more with emerging and start-up companies. But this type of focus is not available in every BigLaw funds practice.

3. To move to a firm with a larger or more reputable funds practice. If a BigLaw firm has a corporate practice, chances are they have at least a few funds lawyers. Yet, because of the nature of some corporate practices, the funds group itself could be quite small. Other firms have large multi-office fund practices that work with some of the biggest and most reputable fund sponsors and investors in the world. Therefore, in order to represent the most sophisticated fund clients or to have really strong advancement opportunities as a funds associate, you may need to make a lateral move.

4. To increase the level of your responsibility at a faster rate. If you're an associate that has worked in private fund formation, there's a good chance that you have been able to be solely or mostly responsible for a particular fund deal early on. Fund formation can be a volume-based legal practice. And once you've worked on a couple fund deals, partners may trust you to work independently one. Others will not. If you're not getting the amount of responsibility that fund associates at other firms are getting, the lateral move makes a lot of sense.

5. To relocate. Fund practices exist in many major markets across the U.S., including markets as varied as New York, San Francisco, Boston, Chicago and DC. Additionally, a lot of funds groups are multi-office and are often open to associates working remotely or very flexibly.

Technology and intellectual property transactions ("tech trans") has been a growing practice area at BigLaw firms for several years. Generally speaking, the practice refers to advising large companies on transactions that involve the purchase, sale and licensing of major intellectual property assets. Depending on the firm, the work can be very broad or very specific. Some firms have "tech trans" lawyers that act as full service corporate attorneys for the firm's technology clients. Other firms have their tech trans lawyers specialize in (sometimes complicated) licensing transactions for clients in industries like tech and life sciences. Many firms are somewhere in-between.

While the practice is growing in strength and numbers, it is still relatively small in terms of headcount compared to practices like private equity M&A and commercial litigation. Nevertheless, often because of this limited supply of associates in this practice, "tech trans" lateral associates are in high demand.

Here are some reasons to consider lateralling as a tech and IP transactions associate:

1. To broaden or narrow the type of work that you do. As already mentioned, tech trans practices can differ greatly from firm to firm. Maybe you are at a firm that has a very broad practice and you find yourself working on all different types of corporate transactions (M&A, capital markets, finance, etc.) for your tech clients. But you'd rather narrow your focus to just licensing transactions in order to help with a strategic in-house move later on. Or, on the other hand, maybe you are working on highly specialized licensing transactions for life sciences client, but you don't enjoy the super-technical nature of the work and want to be a more full service deal lawyer. These are both very common reasons why tech trans associates move.

2. To change the types of clients that you service. Because so many different types of companies have IP interests and assets, tech trans associates can represent clients across industries as varied as life sciences and biotech, software and computing, financial services and more. If you are interested in broadening or widening the types of clients that you service as a tech trans associate (maybe for a strategic in-house move?), then a lateral BigLaw move may make sense.

3. To move to a firm with a larger or more reputable tech trans practice. Because this is such a new practice in the BigLaw world, some firms may not have a very large or reputable tech trans practice. Therefore, in order to represent the most sophisticated client or to have really strong advancement opportunities, you may need to make a lateral BigLaw move.

4. To pivot into the practice from another area (like patent prosecution). While a practice like tech trans is getting larger at many BigLaw firms, a practice like patent prosecution is getting smaller. The process of filing and defending new intellectual property patents is becoming more mechanized and/or moving to smaller firms and boutiques. Tech trans groups like to hire associates with a patent prosecution background as they usually have technical degrees and therefore a sharp understanding of the industries that they serve. I have seen several associates over the years make the move from a dispute-based IP practice to a corporate one.

5. To relocate. Tech trans practices exist in many major markets across the U.S., including markets as varied as New York, San Francisco, Boston, Seattle, Philadelphia and DC. Additionally, given the culture around this type of work and the types of clients, it can be very possible to work remotely in this practice at firms that have national practice and offer this type of flexibility.

6. To set up a very specific in-house move. Tech trans may be the singular most in-demand practice when it comes to in-house attorney hiring by U.S. companies. In fact, tech trans groups often stay small at the large law firms as companies like to have in-house attorneys do a lot of this type of work instead. If you are interested in working for a very specific large company (an Apple, an Amazon, a Meta, etc.), you will be best set up to do so if you move to a firm that does the tech trans work for said company. (When hiring in-house attorneys, companies always look to their outside firm advisors before posting the opening.)

7. To change the types of people with whom you work. Because tech trans work can vary so much across law firms, the types of attorneys that do it can be very different as well. There are attorneys who come from a technical background and have a deeper understanding of the technical side of the work. And then there are others who came from a more traditional liberal arts background and learned the details of the practice on the job. Either way, there may be a tone or approach to the practice that does not fit with your own personality. This is a good reason to consider a move.

One of the benefits of being a BigLaw lateral associate recruiter that also works as a career advisor is that I am able to connect people for honest advice and insights. At the end of the day, there is nobody who knows what it is like to work at a particular firm or with a particular person than a person who has already worked there. They are the only ones who will know what the day-to-day looks like, as well as the nature of the personalities of supervisors and colleagues.

When lateral associates are considering a new firm, they look to the people they meet in the interview process to provide honest advice about their new potential employer. What type of work is actually keeping the group busy? Who are the frequent-flier clients? What is the communication style of the partners? How often are people working late nights and weekends?

But it's not always easy to get honest answers to these questions. Current employees always feel more allegiance to their employer than a candidate they only recently met - even if they are not very happy at the firm.

For this reason, I suggest that lateral associate candidates seek to connect to attorneys that used to work as associates at the potential employer.

How do you identify these types of people and what do you ask?

Start with your recruiter. Your recruiter should want you to get an honest sense of what it is like to work at your potential new firm. If nothing else, they have a financial incentive for this to be the case. You will need to be at your new firm for six months to a year in order for your recruiter to keep their placement fee. As a result, ask your recruiter if they know anyone in their network that used to work at the firm that can provide good insight on the firm. See if the recruiter can make an introduction.

Look deep at your LinkedIn connections. If your recruiter does not have a suggestion for someone who used to work at the firm, take a deep dive into your LinkedIn connections. You can search connections using the "Past Company" filter to see if there is a friend (or a friend of a friend) that used to work at the potential employer. Ideally you would have their email address, so reach out to them that way. But if not, try a LinkedIn message. See if you can get 10-15 minutes of their time by phone to talk about their former employer.

Ask open-ended questions about your potential employer and listen. When you connect, avoid asking leading questions that will result in the person only giving you answers that they think you want to hear. Simply say that you are considering the potential employer for a lateral move and can you ask them some questions about their experience. Ask them what they did at the firm and who they worked with. Ask what was their most favorite part of working there and what was their least. Ask why they ultimately decided to leave the employer. If you ask any follow-up questions to their answers at all, do so only for clarification. Again, you want to avoid leading them towards a certain answer.

Acknowledge when insights into the employer are too personal or non-applicable. While talking to former employees of a potential new employer is certainly helpful, you should not take all the insights provided as gospel. The reasons that a person may have left may be completely specific to them, their personality, their working relationship and/or a very specific point in time. Maybe they worked primarily with people who are no longer at the firm or in a group with which you will have no contact. Additionally, like current employees, former employees may actually feel so positive about their former employer that they paint too rosy of a picture.

Use connections to potentially connect with more people for insight. If you have a good conversation, see if the person has any suggestions for other former employees or other people with whom you should connect for insight into the employer. They may also be helpful with guiding you on the people that still work at the firm and the types of questions that make sense to ask them.

The BigLaw need for finance associates always seems to be high. Firms have a hard time staffing their finance departments because it is frequently an "underselected" practice when associates choose their specialization. But finance should not be overlooked. It is a broad practice that generally refers to attorneys who work with borrowers (companies) and lenders (banks) on large and complicated loan transactions. And finance is ultimately a great practice for going in-house or making partner.

In certain cases, a lateral move to a new (or different) finance practice may be necessary to achieve your long-term career goals.

Here are some reasons to consider lateralling as a finance associate:

1. To change your type of finance practice. The specialties within BigLaw finance practice are endless: general debt finance, leveraged finance for private equity deals, securitization, venture finance, project finance, etc. In the New York City market especially, there are many subspecialties. But not all firms have all specialties. And, for example, after a couple of years in a general debt finance practice, you may realize that you are actually more interested in working on specialized securitization. If your firm does not have this other specialty, a lateral move is very sensible.

2. To change the types of clients that you service. Many finance lawyers represent financial lending institutions, but not all. There are certain finance specialties like project finance or aviation finance that involve working with both lenders and borrowers within a very specific industry. Developing this kind of focus is key when you are interested in making a move in-house to a certain type of company. For example, it will be much more possible to lateral into a solar or renewable energy company if you are working in a project finance group that focuses on cleantech companies.

3. To increase the level of your responsibility at a faster rate. Some finance groups at the large firms are staffed in a similar way to capital markets and M&A groups: big teams working on big deals that have a lot of lawyers at different experience levels. Many associates start at firms like this where they can take time to build their skills and get trained. Other finance groups and teams are staffed more leanly with associates given the ability to run deals on their own very early on. This results in more meaningful client contact which is very helpful for internal advancement or making an in-house move.

4. To change the types of people with whom you work. Because finance practice is so wide and varied, it also draws a wide variety of personality types. There are attorneys who come from a finance or business background and have a deeper understanding of the business side of the work. And then there are others who came from a more traditional liberal arts background and learned the details of the practice on the job. Either way, there may be a tone or approach to the practice that does not fit with your own personality. This is a good reason to consider a move.

5. To relocate. Just like with other practice areas, certain types of finance practice are available in specific locations and not in others. Venture finance and project finance for cleantech companies is largest in the San Francisco Bay Area. Securitization and derivatives finance is particularly big in New York City and not many other major markets.

It has never been easier to geographically relocate as a BigLaw associate.

But this is starting to change.

The reason? More in-person interviewing.

Right now, the vast majority of BigLaw firms continue to interview and hire associates remotely via video interviews. But as offices continue to open up and more attorneys go back throughout 2022, more and more firms will turn back to in-person interviews as a part of their recruiting process.

I anticipate that for screening interviews, these will remain by video or phone. But for full round interviews, it's likely that in-person interviews will make a comeback.

Firms will likely pay travel expenses for strong candidates that they want to interview in-person. But there may be fewer candidates called back for these full rounds due to the additional costs, resulting in firms focusing more on local candidates instead.

Nevertheless, the demand for BigLaw associates remains high, including for those trained at firms in another geographic market.

Additionally, there are lots of reasons why geographically relocating is otherwise very straightforward:

• The expansion of the Uniform Bar Exam (UBE) to more states across the country means that it's easier for lawyers to get admitted into multiple states at once and/or transfer bar exam results from one state to another.

• Multiple legal markets are very strong right now and the need for talent expands beyond the lawyers that are already practicing there (this is particularly the case when it comes to corporate associate needs in markets like the Bay Area, Boston and New York).

• National firms continue to open new offices in large cities across the U.S., leveraging the firm's practice reputation in its existing offices to market to new clients in the new market.

• Practices at large firms are also "nationalizing," meaning if there is demand for talent in a particular legal service, they will look to staff up across multiple office. In an individual office, the attorneys prioritize service to the local clients, but increasingly attorneys work virtually with others in their practice group across other offices of the firm, as as the work ebbs and flows within each office.

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Here are some of the Frequently Asked Questions that I receive on the BigLaw associate relocation process:

How do I find a legal recruiter for my geographic move?

Most legal recruiters are identified through personal referrals. But if you don't know any attorneys in your target market, this might not be possible. Conduct a Google search and take a look at some online legal recruiter directories. Most recruiters are clear on their websites about who they work with and where. (Through Gridline Search + Consulting, for example, I primarily work with larger law firms in the big U.S. legal markets, using recruiter connections and industry knowledge I gained through my time as a career advisor at Harvard Law.)

I like my current firm. I just need to move geographically for personal reasons. Should I just ask for an office transfer?

Maybe. But does that other office have the practice area that you work in? Is the culture of the other office the same as your current one? Do you know anyone in the new office that would be interested in advocating for your office transfer? Will your current team help you make the move or will it be hard for them to let you go? If the answers to these questions present complications, it may be best to look for a new employer in your target market.

When is the right time to make a geographic move?

As a BigLaw associate, you are most marketable for an associate lateral move with 2-5 years of experience. This is generally true whether you are looking to stay in the same market or make a geographic move.

What if I am not admitted into the state where I plan to move?

Start by taking a look at the bar admission resources provided by the National Conference of Bar Examiners (NCBE). If you are a junior associate admitted to a UBE state, you may still be able to port that score to a new UBE state. If you are a senior associate, you may be eligible for "admission by motion" to the new state based on your years of continuous practice in your current state. If something is unclear from a website or written resource, don't rely on word of mouth. Call the state's board of bar examiners directly.

Most firm offices will require that you eventually be admitted into the state where they are located. If you ultimately need to take a new bar exam, sometimes the firm will even give you time off and cover expenses while employed at the new firm.

Will the new firm pay for my relocation expenses?

In most cases, yes they will. In terms of the exact amount and method, this is something that typically gets negotiated when an offer of employment is made through your recruiter.

My spouse got a new job already, so I need to make the move as soon as possible. How long does the process typically take?

Timing for a geographic move as a lateral associate depends on a lot of factors - your target market, your level of experience, your practice, your current firm, your credentials, etc. It could take a few weeks to move or it could take several months. You will want to talk with your recruiter about the urgency of your timing and what you can expect. If it sounds like your search could take a long time, you might ask your current employer if it's possible for you to work remotely while you search for a new job in your new market. (Don't just quit your job and then start searching. If your resume indicates this, it might send a negative signal about your candidacy.)

Recently, a lateral associate candidate that is thinking about a strategic firm move sometime this year asked if I could send them a timeline for the recruiting process. They wanted to know each step of the way: what happens first, what happens last and what happens in between. Our conversation made me realize that this type of information could be helpful for any associate considering a lateral move.

If this is your first time moving to another law firm since OCI, you're unlikely to know all the steps in a lateral recruiting process.

Here is a typical timeline for making a lateral associate move:

1. You and your recruiter have an introductory conversation (by phone, over Zoom or in-person) about goals and objectives. Why do you want to move? Do you want to relocate or have more remote flexibility? What is your practice experience? What are your practice goals? What are your advancement goals? It's important to be as honest as possible in this conversation. Your recruiter should be able to give you some initial information on the state of the market and what firm opportunities are out there.

2. From this conversation, your recruiter should be able to create a list of opportunities that match your goals. For my candidates, I usually develop this list in a shareable spreadsheet that includes important pieces of information related to the candidate goals (see my previous piece on data that recruiters should provide).

3. Once you have discussed opportunities, your recruiter will submit your resume and unofficial law transcript to firms of your choosing. (If necessary, the recruiter may assist with the preparation of a formal cover letter requested for the position.)

4. The recruiter will then keep you updated on any word back from the firm(s). I will usually do a check-in with a firm if I hear nothing after a week. It could take up to a couple of weeks to hear something back from a potential firm employer. Once it gets past a couple of weeks, it's usually a "pass," but not always.

5. If a firm is interested, they will likely set up a screening interview. This is usually with a partner in the group, sometimes two. It takes 30-60 minutes. Since the start of the pandemic, all of these screening interviews have been remote by videoconference. It's possible now that some firms may ask for an in-person screening interview.

4. If the firm remains interested after the screener, they will invite for a full round of interviews. As of the writing of this article, firms are still doing this round of interviews over Zoom/video.  This full round is usually with a mix of partners and associates over the course of 2-3 hours. Sometimes the full round of interviews is with all partners and they save associates for another "fit-based" round.

5. If the interview rounds are complete and a firm wants to extend an offer, they will do so by phone first and then follow up with a written offer letter. The offer will typically be open for 2 weeks. If there are any points in the offer that you wish to negotiate, you and your recruiter will discuss and do that during this period.

6. If you accept an offer with a firm, you do so in written form by email. You then complete and submit a background check form / employment application and a conflicts form.

7. Once you have background check and conflicts clearance, (usually around 2 weeks after you submit these form), you then provide notice to your current firm.  

8. Once you know your last day with that firm, you set up a mutually agreed upon start date with the new firm.

The total timeframe of the lateral associate hiring process is very specific to an individual. But at a minimum, it takes at least 6 weeks from submission of a candidate to start date at a new firm. There is flexibility in this timeline for associates to control the timing of the process. Make sure to discuss this with your recruiter in more specificity before you get started with submissions and interviews.

Litigation groups at BigLaw firms do not typically hire nearly as many lateral associates as transactional groups. However, as of the posting of this article, there are nearly 1,000 open litigation associate positions at AmLaw 200 firms (according to Firm Prospects). Like openings in other practices, these positions are more varied and flexible than associate openings at BigLaw firms have ever been in the past.

But if you're a litigation associate at a BigLaw firm, how do you decide whether a lateral move is right?

Here are some reasons to consider laterally as a litigation associate:

1. To sharpen your litigation practice focus. In my experience, this is probably the most popular reason for litigation associates to make a move. Most BigLaw firms start their litigation associates as "generalists" in their disputes or litigation groups. As time goes on, some firms retain this generalist approach while others have their litigation associates specialize in certain areas like white collar defense, employment or commercial litigation. If you are at a firm that takes a long-term generalist approach, it may make sense to move to one where you can specialize. This will be a particularly helpful move for certain types of in-house or government opportunities that you may consider later in your career.

2. To get more trial experience. For many BigLaw litigation associates, much of their time is not spent in or near a courtroom of any kind. Instead, the focus is on the discovery process, pleadings and working towards a settlement to avoid trial. Therefore, if you want to be the type of litigator where you advocate for clients in the courtroom and make oral arguments, a lateral move might make a lot of sense. Litigation boutiques in particular can offer this type of experience for litigation associates and many boutiques like to hire attorneys who are trained at the large BigLaw firms.

3. To shift your practice beyond traditional litigation. There are many firm opportunities out there right now that appreciate the experience that litigation associates bring to the table, but they offer a type of practice that is different from traditional litigation. Examples include restructuring openings for bankruptcy litigators; technology transactions roles for IP litigators; securities regulatory openings for white collar litigators; and data privacy and crypto regulatory associate positions for tech industry litigators. These types of opportunities may or may not exist at your current firm.

4. To strengthen your candidacy for competitive government positions. A lot of litigators at BigLaw firms look ahead to opportunities at government employers like the USDOJ and state attorney general offices. Major government prosecution offices like to hire from BigLaw firms because of the level of training and experience that BigLaw associates receive. However, given the level of interest in these openings, these employers can also be very picky about who they hire for their openings. (Their retention rates are quite high.) Therefore, a lateral move to a firm with a stronger reputation or deeper connections to certain government offices may make a lot of sense.

5. To increase your chances for partnership. Take a look at your BigLaw firm's recent partnership class announcement. What percentage of the new partners are litigators? Is it much less than the percentage of litigators at the firm as a whole? It is very hard to make partner at a BigLaw firm. But it can be especially hard for litigators. The receivables at many BigLaw firms lean heavily towards the transactional practice, and this trend is accelerating. As a result, in order to be in the best position possible to make partner as a litigator, a lateral move may be necessary to a firm with a larger and/or stronger litigation practice.

6. To get more flexibility in terms of where and when you are working. Litigation groups have not been as flexible in terms of remote work and hybrid work setups as other practice groups. Particularly if the practice is courtroom-facing, it can be difficult for partners in the group to make a good business cases to allow their associates to be remote. However, during the pandemic, this started to change. For litigation groups that do not involve much (or any) trial work, a remote or hybrid arrangement is very possible. You just have to be at the right firm in the right group with the right opportunity for it to be possible.

7. To change the types of people with whom you work with and for. BigLaw litigation practice groups have very distinct personalities firm-to-firm (and sometimes within a firm). When a case is active, the demands are high. Different partners and attorneys react in different ways to the high-pressure nature of an active case. If you feel as though you are not meshing with the attorneys in your current litigation practice, a lateral move may make sense.

8. To relocate. A final common reason to make a lateral move is to relocate. Even if your firm has an office in your new destination, will that office be right for your litigation practice? Maybe the firm will allow you to relocate even if there are no litigators in the new office, but maybe you would rather work with your team in person and on the ground. That means that you should make a lateral move. For example, maybe you started at your firm's DC office and they are willing to let you relocate to Boston to be closer to family. But the Boston office of this particular firm does not have any litigators. If you are shifting your career in the long-term to Boston, it probably makes sense to move to a firm that has litigators in Boston.

The need for Mergers & Acquisitions associates is as high now as it is for any type of transactional associate - this is across all major markets and experience levels. The volume of M&A deals recently hit an all-time annual high, and the year is not even over yet. Firms in New York, Boston, the Bay Area, Los Angeles, Chicago and more all need M&A associates to assist on transactions across all industries, particularly in the technology industry.

But if you're an M&A associate at a BigLaw firm, how do you decide whether a lateral move to another M&A practice is worth it?

Here are some reasons to consider lateralling as an M&A associate:

1. To change the type of clients that you represent. Are you representing tech companies, life sciences companies, energy companies, financial institutions, or others? Or a mix? Sponsor-side, bank-side or company-side? Or a mix of that? There is so much variety in the client representation of a BigLaw M&A associate depending on the group and firm at which you work. At the same time, the experience of being an "M&A deal lawyer" can be transferred across practice types and client industries. So, for example, if you are someone who primarily represents sponsors in private equity deals, but you eventually want to work towards becoming a corporate in-house lawyer for a tech or life sciences company, a lateral move might make a lot of sense.

2. To change the types of M&A deals that you work on. In addition to client variety, there is also a lot of variety in M&A deal types. For example, in NY there are still lots of attorneys that work on large public company deals - the kind of deal that requires a lot of diligence and public disclosure and can take many years. Others, especially in markets like the Bay Area, are working on tech and life sciences deals that concern the purchase of smaller private companies by more established large ones. And then many others are focused purely on the world of "leveraged buy-outs" which is connected to the private equity world and their use of lending to buy companies of all different industries. As you get more senior at a particular firm, you may find a type of M&A that interests you and suits you. A lateral move may be necessary to make this shift.

3. To change the types of people with whom you work with and for. M&A practice has a reputation for being a "pressure cooker" of a practice with high stakes and high demands. Some M&A attorneys and practice thrive and build on the fast pace and intensity of their deal work where others take a slower, more measured approach to their deal practice. If you are working on mid-market M&A transactions, but want to work on big high-intensity deals, a lateral move might make sense. Or if you're working with a high-pressure group, but want to work more with colleagues who will slow down and take more time to mentor and instruct, a different kind of lateral move makes sense.

4. To shift your experience beyond traditional M&A. The explosion in "SPAC IPO" transactions in recent years has created a type of deal that crosses traditional M&A and capital markets practices. Yet, M&A associates at some firms are not working in a meaningful way on these types of transactions because they fall under the capital markets group instead. Another firm, however, may appreciate and desire your M&A experience for their growing and active SPAC IPO practice. This is just one example of a situation where your existing firm's structure makes it difficult to expand or shift your type of practice and a lateral move might be necessary.

5. To be able to work from home or remotely. As timeframes start to settle in the new year for coming back to the office, a firm's openness to remote work for its associates will probably continue to depend on the office, the practice, the working group and the individual associate theirself. Because of the high demand for M&A associates at this moment, now is a good time to consider opportunities at firms that will be on the more flexible end with regard to your working arrangement.

6. To relocate (even if your firm has an office in your new destination). A common reason to make a lateral move is to relocate. Even if your firm has an office in your new destination, will that office be right for your M&A practice? Maybe the firm will allow you to relocate even if there are no M&A attorneys in the new office, but maybe you would rather work with your team in person and on the ground. That means that you should make a lateral move. For example, maybe you started at your firm's New York office and they are willing to let you relocate to DC to be closer to family. But the DC office of this particular firm does not have any M&A associates. If you are shifting your career in the long-term to DC, it probably makes sense to move to a firm that has an M&A presence in that new market.

Since the explosion in SPAC IPOs (special purpose acquisition companies) in the last year or two, the need for experienced capital markets associates at BigLaw firms has been constant. Law firms cannot find enough associates who have experience advising companies and their financiers on how to raise capital from the public markets. This is especially true in the big transactional law markets like New York, Boston and the Bay Area as well as Texas and Chicago. At the same time, because of this talent shortage, it is not uncommon for BigLaw associates currently working in a busy capital markets practice to be on track for billing 2,500 hours or more this year (same as last year, and possibly for years before).

So if you're a capital markets BigLaw associate and you think about lateralling to another firm, how do you know it will be worth the move?

Here are some reasons to consider lateralling as a capital markets associate:

1. To move to a firm with a cap markets practice that has more attorney support. BigLaw firms are not equal when it comes to the number of associates working in certain practice groups, as well as the partner-to-associate ratio. When it comes to capital markets groups in particular, maybe the firm keeps the group lean and only staffed by attorneys with cap markets-specific experience. Other firms, will more easily allow for cross-staffing when cap markets deal flow is especially high, whether through adjacent corporate practice groups or other offices. Additionally, the number of attorneys working on the cap markets team is important. How many are there? Are there enough associates at the different experience levels? Are there partner and counsel who take an active role in helping to run the deals? If the support is not right at your current firm and you are consistently billing extraordinarily high hours, it may be time for a move.

2. To create better prospects for partnership. BigLaw firms are also not equal in their paths for partnership. Capital markets is one of the most profitable practices in any major law firm. The fees collected from a SPAC IPO or a major debt offering can be a big part of an entire firm's revenue and profits per partner. If you're an associate developing strong expertise in a profitable practice like cap markets, you want to make sure a path to partnership is viable. For some firms, this path is very clear with important landmarks and dates laid out clearly; for others, not as much - you may look at your current firm's recent partner classes and feel like you don't have transparency on how elevated cap markets partners got to where they are.

3. To create a stronger or different platform for going in-house. Of course, making partner is not for everybody. Like other corporate associates, you may be looking down the line to make an eventual in-house move. However, cap markets experience is not as easily transferrable to in-house jobs as you might think. If you're in New York City, the financial industry in-house possibilities are strong and if you're in the Bay Area, there are lots of companies in "growth mode" that could use the counsel of an experienced cap markets attorney. However, if you're in New York practicing cap markets and want to make a move to a large tech company, for example, your experience advising financial industry clients can sometimes be a hurdle. By lateralling to a firm that does more "company side" work in their cap markets practice, you can open up your in-house opportunities for later on.

4. To obtain more flexibility for working from home or remotely. The return to work policies for law firms continue to be in a state of flux. In addition, as timeframes start to settle in the new year for coming back to the office, a firm's openness to remote work for its associates will probably continue to depend on the office, the practice, the working group and the individual associate theirself. Because of the high demand for capital markets associates at this moment, now is a good time to consider opportunities at firms that will be on the more flexible end with regard to your working arrangement.

5. To relocate (even if your firm has an office in your new destination). A common reason to make a lateral move is to relocate. Even if your firm has an office in your new destination, will that office be right for your capital markets practice? Maybe the firm will allow you to relocate even if there are no cap markets attorneys in the new office, but maybe you would rather work with your team in person and on the ground. That means that you should make a lateral move. In Boston, for example, a lot of the capital markets practices are integrated into larger corporate M&A and private equity deal practices. If you're coming from New York, it may make sense to move to one of these firms that are on the ground in Boston which better reflect the nature of corporate work in that market.

"The grass is not always greener on the other side."

During these busy times for lateralling as a BigLaw associate, this can get lost as you get into the weeds of a lateral firm search. An associate should only make a lateral move to another firm that meets that associate's goals for making a move in the first place. When I work with lateral candidates, I always start with a goals discussion by phone or Zoom in order to have a full and nuanced understanding of the candidate's interest in making a lateral move. From that point, I prepare a detailed and interactive Excel/Google spreadsheet that identifies all current opportunities and responds to any questions from the candidate. Applications are then submitted only after these two steps are complete.

To ensure that you make a lateral move that meets your intended goals, here are 5 important tips to keep in mind:

1. Only have your recruiter apply to positions that meet your lateral goals. This seems straightforward, but this is not always the case. Your recruiter may tell you about opportunities that have short-terms deadlines, for example; an opportunity has been open for awhile and there may be concern that the firm is getting to the end of their application period. However, this urgency is irrelevant if the opportunity does not meet at least some of your application goals. Associates make a lateral move for lots of different reasons - I've talked to associates about everything from a change in client industry reputation to the firm's vacation & leave policy. Where possible, your recruiter should be able to shed light on how specific firms accommodate some or all of these reasons.

2. Discuss with your recruiter how to time your applications. As discussed above, associate openings can have quick deadlines for getting an application in. Other firms may have a rolling or open-ended needs and may not be as quick to move forward with any one particular candidate. Your recruiter should walk through these timeline considerations with you in specificity. It's very unlikely to have your application timing line up in a perfect way where you can consider all options during the same timeline. But your recruiter should do their best to set a timeline that suits your lateralling goals. Where possible, you don't want to miss out on the perfect opportunity because you decided to settle for a good one.

3. Use interviews to ask about the future and goals of the practice and the firm. Attorneys, particularly partners, like to be asked about the future of their firm and the practice in which they work. You should feel comfortable asking specific and informed questions related to these topics throughout the interview process. It will also help you evaluate whether the firm and opportunity are a good fit for you - are the stated goals clear? do attorneys seem motivated and excited when they talk about the future of the firm? do they discuss how someone like you fits into the long-term future of the practice?

4. Save your most prying questions for after the interview process. Recruiters can provide a lot of information about opportunities ahead of time, but they won't have all of the answers. Lots of associates, for example, rightly want to know about how the team at a potential new law firm operates - are they focused on in-person face time?, are they reasonable with deadline?, etc. These questions are important, but should be saved for the end of the process. The focus of the interviews is about making sure you are a match for the firm and the position. When and if an offer comes through, consider going back to associates you met or even reaching out to people who left to get a better sense of team dynamics. (And of course, rely on your recruiter for helping formulate this approach.)

5. Don't be afraid to say no or stop the process with a particular firm. Nobody wants you to lateral to a position that you don't want. Not the recruiter. Not the firm. But the inertia of the process, and oftentimes, the pressure from a recruiter, can make you feel like you have to keep it moving forward. All attorneys (including you!) are especially busy and it is not worth it to waste time on an opportunity that you are not excited about.

Returning to the office is getting tricky. Many BigLaw firms made announcements earlier in the year for a full or partial return to their office this fall. But that return has become complicated due to the Delta variant and lack of an approved COVID vaccine for children. Return-to-office dates are getting delayed. And then delayed again. And then delayed indefinitely. Sometimes the decisions are made last minute. Sometimes with a warning. Like other professional work environments, BigLaw firms are trying to do the best that they can with a mix of evolving science as well as changing CDC, state and local guidelines.

At the same time, many associates are in different personal and geographic situations than they were a year and a half ago when full-time remote work began. I have talked to NYC associates that have relocated to a house with more space in Upstate NY and want to be able to spend more time there. I have talked to others who have completely relocated to places as different as Florida and Idaho in order to be closer to aging parents, taking advantage of the remote flexibility. A lot of associates can't (or don't want to) return to their offices even part-time, let alone full-time.

Fortunately, now is a good time to think about a fully remote (or mostly remote), especially if you are a corporate or transactional associate in BigLaw. I first wrote about this topic in an article that I posted in May. But the ability to work remotely at a BigLaw firm for good has evolved in different ways even since the Spring of 2021:

1. Firms have started to differentiate themselves more clearly about return-to-office and remote work policies. (Above The Law has an ongoing tracker on this topic, last updated in mid-August.) Some firms are "strongly encouraging" a return-to-office at some point. Other firms are making it clear that remote work environments will always be part of their future. Lots of firms are somewhere in between. However, even without full clarity, more firms are giving associates at least some visibility about the firm's openness to remote associates.

2. The urgent need for associate talent (especially corporate associates) has only strengthened since the spring. Since the start of the year, the need for experienced capital markets in particular has been exceptionally strong at BigLaw firms. Now, more firms have equally urgent needs in their other key practice areas including private equity, M&A and finance, as well as some specialized non-corporate practice areas. This urgent need for talent has encouraged some firms to be very flexible on working arrangements for new associate hires in more practice areas.

3. More firms have overcome potential hurdles to allowing associates to work remotely for good. Since the start of the pandemic, the ABA has released two different opinions on the remote practice of law. These opinions have given firms comfort in setting up remote work arrangements. But there are other issues of concern besides the authorized practice of law: State income tax issues; Allowing some associates to work remotely, but not others; Triaging time zone differences. As more law firms have investigated and evaluated these issues and concerns, more law firms have gotten comfortable with more remote associates.

4. Most importantly, more associates have a stronger understanding of whether or not they need or want a remote situation. Many people who relocated during the pandemic did so with a temporary intention. For some, it is still considered temporary. Maybe, for example, they have a significant other who is a teacher or in another profession that will very likely require a return to working in-person. For others, a temporary situation has become something they want to turn permanent. They are enjoying a better cost of living or proximity to extended family. These associates might need to make a change.

In short, working as a remote BigLaw associate has never been more possible, but it still remains complicated. Not every firm or every practice at a firm will allow for a remote associate hire. Firms need to feel comfortable that an associate hired to work remotely will do so successfully. In the interview process, associate candidates need to be able to prove that they will fully engage with their team members and supervisors. In order to do this successfully, it's important to work with a recruiter that will prepare you accordingly.