A recruiter told me the other day that some junior associates look great on paper, but in litigation, when it comes to the serious hands-on experience outside of writing (like conducting the depositions, making the oral arguments in court, and handling mediation sessions), these activities are generally handled by the senior associates or partners. Junior associates are left out. For mid-size to big law firms, when are the junior associates allowed to depose someone or argue a motion in court?

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Most midsize and big firms don’t expect juniors or even midlevels to do that type of work at that level. The exception is ID but that’s basically due to the way they exploit junior associates and their low rates.

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AA1, agreed! Thank you

I think you can get these experiences as a junior associate, but you need to see them happen before you do them. Second chairing depositions and preparing materials for a hearing are good opportunities. In my experience, junior associates are often expected to play those roles. If you have done well preparing deposition materials for others, you’re more likely to be given the opportunity to take a deposition.

Litigation opportunities in big firms also depend on the client and the needs of the case. The witnesses and the motions given to associates are usually less critical to the case—a witness who is relevant to only one issue and more junior to the company (I.e., not the CEO), or arguing discovery motions (not summary judgment).

I’m at a big firm. I took a deposition and argued a discovery motion at the end of my second year. I don’t think that is especially unique. But I had also second chaired up to 10 deps at that point, and had done the research and drafting for the discovery motion. The partners were able to pitch me to the client to have these roles and the client had to agree.

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Thank you, and that’s why I wondered whether the client mattered as well!

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Try doing some pro bono cases to get some experience under your belt. Then when the opportunity arises for billable work, you’ll be able to say you’ve done certain tasks before and they are more likely to trust you with the hands-on stuff

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AA2, thank you! What about those of us who have the 20+ years including substantial federal and state court experience and want to continue building our skill set? Another issue I’m facing (which some recruiters have literally stated) is that my experience may be holding me back, not necessarily because of money a firm may have to spend but because of egos getting in the way. I actually think that there are firms that would welcome someone ready to put their feet to the ground. I just need to find them.

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*Laughs in little law*
I was sitting in on depositions and 2nd chairing hearings while bar passage was still pending.
Started independently taking/defending depos and covering simple hearings within weeks of licensure.

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Meanwhile, I was at a small firm, and appeared in court on my own my first week at the firm as a first year. [I was already admitted.] I did a lot of what I call "warm body appearances" early on, where all you really do is put your name in the record, but even those required prep and being able to think on your feet occasionally. I was doing substantive summary judgment motions my first year, and I argued an appeal and started taking depositions by my second year.

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The issue is comp. Early litigation experience is great, but I’d wager A6 wasn’t making $225k+ base starting out. Probably not too far into the $100k’s if my knowledge of most small firms serves me.

helpful

I’m at a big law firm (T100) and by associates’ second or third year they’ll often have taken a deposition. It’s easier to get one in a pro bono case to start. Also second chairing first can be useful. I also know some third years that have argued some of the more basic motions in court or did a direct examination at trial

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Thank you! That’s an encouraging word! It is likely that much depends on the partner and client involved in those cases.

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Go to a smaller/mid-size firm to get the experience, then use it to sell yourself to big law.

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I have been doing insurance defense for 2 years (practicing 5) and have done hundreds of depositions and dozens of oral arguments, and appear in court a couple of times a week. Mediations for higher value cases may be done by a senior partner sitting with me, but I also did a couple of mediations by myself

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Very nice! I’m a bit reserved about doing ID, but your experience is encouraging

I’m at a small office in a big firm, and having just finished my first year, I have absolutely no experience with hands-on litigation. At the end of the day, our clients don’t want to pay our rates to train a junior associate, and my firm doesn’t have a lot of experiential/training credit available to offset us doing a bunch of unpaid work. Every time I’ve come close to handling a depo or hearing solo, the client decides they actually want someone with more experience, and I can’t really blame them for that. My ID friends have way more experience than I do.

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Insurance defense

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