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Hard to say when discussing this broadly, I would say generally, transactional can be more predictable and it is easier to build work life balance into a predictable practice.
Generally, I would say it's not. Only specialists have some predictability. Even then, specialists could be on 30 deals at a time and be swamped.
Rising Star
I’m transactional and the work-life balance is not there (I’m sure my partners would disagree). While litigators can spend months on just one case or a handful of cases, I’ve got about 10+projects active, clients always bring us in later than they should, and closing timelines change unexpectedly (every client wants them done tomorrow and you can’t blame anyone like a court scheduler if you can’t get the work done in time). Sometimes that means multiple closings in 1 week or worse. I’ve had 3 closings in a single day twice this year.
I think it depends on the type of litigation. Our litigators handle 50-70 cases at one time. I’ve filed 4 30 page briefs in 8 days, working 14ish hours a day, and that happens frequently during the year. I have zero work life balance.
I’d actually say the opposite is true. I find litigators work more hours but have a more predictable schedule. Transactional attorneys on the other hand bill “less” hours but have more unpredictability built into their schedules. Things can be slow mon-thurs and suddenly a client wants something in two days. Or you have a vacation planned 6 months in advance but a deal is closing the week you were supposed to be out.
Pro
Agree. I also find our transitional attorneys are so beholden to clients that they take calls at all hours or respond to emails through the evening. I don’t and I think most of our litigators keep a more 9 to 5 communication practice with clients. Unless in trial or last portion of prep for trial or something equally urgent then all bets off and 24 hours per day.
I think the typical attorney response is appropriate here - it depends. Certain areas of litigation are more hectic than others. Trial prep sucks balls and takes up a ton of time. I’m in family law and we often have to file emergency motions because of custody BS, and I’m sometimes scheduled for more than one motion hearing or pre trial conference on a given day. Other areas of civil litigation don’t deal with that type of chaos. My public defender friends are constantly stressing. Then again, closing 3 deals in a day does not sound enjoyable. So, it depends.
In summation, WLB tough to find on both sides. Sucks either way.
Transactional at least has pretty firm client closing deal dates, etc with less juggling of courtroom trial dates, depos, and whatnot. But transactional definitely has the “fire deals” drop everything and go type situations. In those situations it’s unpredictable. But in terms of the deadlines it’s more predictable and can plan around I think.
As a commercial litigator, I’d say the transactional folks likely have a better work-life balance (aside from the M&A folks who always seem like they’re drowning—at my firm, at least). In litigation, all it takes is for someone to file an OSC on a Friday to ruin your weekend or a premature SJ Motion out of nowhere to force you to change your schedules for everything else. In litigation, you have to be able to easily adapt, pivot, and switch gears depending on OC’s next move and the court’s handling/scheduling of a case. There will be a lull in each case at some point, but that’s when the rest of your cases will start exploding. Of course this is all highly contingent on the type of litigation and/or transactional work. For instance, at my firm, the T&E folks—both litigators and transactional attorneys—seem to have the best balance I’ve ever seen.
I think it depends on the practice group in transactional. From trying out a few as a junior M&A and finance can be bad for work life balance while asset management, tax, employment, most specialty groups all seem better