After 3yrs of being in-house, I’m considering going back to a firm after no luck finding a second in-house job. I did litigation before going in-house for a transactional role. Those who did transactional and litigation work at a firm, how does litigation billing compare to transactional? Is it more or less the same or less annoying? I feel like the tasks I did in litigation is what made billing so annoying. Also, how was it for anyone who’s done the same—return to a firm after in-house?

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I’ve had this thought multiple times! ….and then I sign off at 5:00 and spend the night with my spouse without a single meaningful email/interruption and remember I’d rather drink battery acid than subject myself to the misery of firm life.

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I’ve been holding on as long as possible but I’m not sure what else to do tbh. They let go of the other attorney at my company a few months ago and they’ve gutted 3-4 other departments completely. So I am very unsure about job security.

What are you trying to accomplish here?

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I am not looking for any advice. I am quite clearly asking two very straightforward questions to help me make a decision. Please go away and teach something or bother someone in the relevant bowl where other teachers reside.

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Dont do it

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Thanks for that perspective. It’s helpful. I actually loved being at a firm but hated litigation and billing. Since this would be a transactional role (property related transactions), I figured it might be fine but was hoping for some insight from those who have done something similar.

I’ve done both in firm settings. It’s basically equally annoying. Probably fewer .1-.2 emails in transactional but also fewer big billable moments such as court appearances, depos, and travel. Drafting pleadings were a good source of necessary and consistent billables too.

With transactional you might find yourself placing yourself in your client’s shoes and thinking of an appropriate price for the document you are drafting and then wondering if you can stay below it - so there’s still pressure to be efficient. But, much of the answer is specific to the specialty, firm size, and client size.

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What about billing in litigation did you find particularly annoying/frustrating? I did commercial real estate transactions at a firm prior to moving in-house. I suspect billable hours are awful no matter your practice area.

As far as potential differences with litigation, I worked with large institutional clients, so there was more tolerance for “block billing” (i.e. on the day a deal was closing, it was common to have one 4-hour entry that said “attend to closing matters”) & clients were less price sensitive. That said, you’re still tracking everything you do in 6 minute increments & afraid to take time off because you don’t want to fall behind on hours.

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I think it was all the court appearances, depos, and things I had to bill actual time for versus being able to multi-task. When I wasn’t at a hearing, for instance, I could get more actual work done and bill for actual work. And multitasking, for example, would be billing for an e-mail or call while I’m already engaged in a task. Or even just being able to easily switch between tasks at my leisure. It’s sounding like the things I hated about billing in litigation are actually better than transactional billing so I’m not too sure lol.

But that helped a lot! Thank you for your perspective 🙏.

keep applying, how many applications and how many months

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Yeah, you’re 100% right. I stopped tailoring my resume and making cover letters if it was optional after it didn’t get me anywhere but all it takes is one. Need to also do better at networking and cold reaching out. It never worked for me before but again, all it takes is one.

Thank you! Needed that reiterated.

F

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What’s wrong with your current role?

Lack of job security is the main one. I’d suck it up and deal with every other issue for as long as it’d take to find something new in-house. They got rid of the other attorney months ago and if I’m being honest, that could’ve easily been me instead. They also completely eliminated 3-4 other departments, two of which happened recently, and outsourced that work to an external org. I just can’t risk being laid off if my dept is next. I started seriously looking after 6 months because I saw some major red flags prior to this huge restructuring.

Just curious, what have you found unfulfilling about being in-house? I’m on the opposite side but am having second thoughts about leaving my firm.

Very thorough and helpful response. Not what I wanted to hear but very much appreciated! 😅

On the whole, I’ve found transactional to be a much better path for what it’s worth. Having experience with both is valuable.

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