Anyone here pivot from litigation to trusts and estates? A part of me wants to quit and hang my own shingle doing this kind of work.

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I did exactly that when I left Big Law - immediately started solo practice with only one client from Big Law - practiced solo for 7 years before going in-house. Didn’t do any trust and estate work at the firm because I was doing almost exclusively litigation but did several CLEs and read a lot - still do estate planning on the side occasionally.

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I do both. Learning curve isn't that high. If you can get litigation experience in the field, you can understand the vernacular, which makes things easier. I would be concerned about competing with AI though.

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As a T&E attorney, I think the learning curve from civil lit to T&E lit isn’t a huge swing, but would strongly disagree with regard to the learning curve for estate planning and administration. It’s a very complex area of the law that overlaps many other areas of the law and requires both deep and broad knowledge of state and federal probate and tax law.

Fiduciary litigation is a growing area and most T&E lawyers aren’t litigation attorneys, so great opportunity for you. I strongly suggest you go with a firm that will have you administer estates and trusts as well as draft documents. This will help you master fiduciary responsibilities, which will make you a better drafter as well as a better litigator for fiduciary matters. Also, don’t ignore estate, gift, GST and fiduciary income tax training! So much estate planning and administration is tax oriented. If you can get into a firm with ACTEC (American College of Trust and Estate Counsel) attorneys, you will learn T&E law the proper way. Try to avoid trust mills (firms that churn out prototype estate plans). Good luck!

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Definitely agree on working in a reputable T&E firm before hanging a solo shingle! I practiced T&E for 10 years before going in house in finance as a T&E consultant for UHNW clients and see SO MANY bad documents from attorneys who think it’s an easy field to pivot to and they can just buy a form library.

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Trust and estate litigation can be a very lucrative field.

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This!

Just have to make sure if you are doing planning side that you will have another person to witness and another to notarize.

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F

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