I’m plaintiff’s side employment litigator. I want desperately to switch back to defense. But here’s the wrinkle… I have a fairly sizable docket of active cases in which I am opposing counsel to virtually all the defense side firms I’d like to work for. Is there an ethical way to navigate this conundrum, or am I just stuck?

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This is what state ethics hotlines can help with. But you may have to stay off cases where you’re conflicted. I’m sure whatever defense firm you would work for would require it. But cases don’t last forever and I’m sure any defense firm that would employ you wouldn’t have a problem staffing you on cases where you’re not conflicted. This stuff happens anytime one changes firms.

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That shouldn’t be a problem. I did it before, I was honest in the interview process. I worked in large law firms and a lot of firm clients at one firm were on the opposite sides of the firm’s clients at the firms I was interviewing at. They’ll just walk you off from such cases if you go.

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Why do you want to switch back to defense? I am trying to break into L&E in general and am just curious.

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I also would like to transition to an in-house counsel role at some point down the line. Working at a defense firm will make for an easier path.

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This is probably not what you want to do but I had this issue a lot and for a few years. I ultimately went to a lesser known LE defense firm which had an employment group and whom I was not adverse to and then after 6 months went to a more known defense LE firm (LE boutique) that I was often adverse to when on the plaintiffs’ side. It may also help if you can start in a defense firm in a different region or a different city/state.

Probably not what you want to hear but this was me a few years ago. I had to leave the plaintiff’s firm and sit out of the game for about 2 years while those cases resolved before I could join the big defense firm of my choice

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