Should I leave a small plaintiffs firm where I get trial experience for a prestigious defense firm making much more money but taking a step back and no longer being lead counsel (practicing 3 years)

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IMO a third year cannot possibly be lead counsel on a high exposure complex case. No shade to OP but staying at a plaintiffs firm to be lead counsel on small exposure personal injury slip and falls does not provide you with the developmental opportunities that can come with working on a high exposure/more complex case. In a defense case with a multi million budget you will get to work with experts/consultants and develops a sophistication that no amount of lead chair exp on a slip and fall can provide.

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Yea

I wouldn’t. The trial experience would outweigh prestige and pay but that’s just me. What are you looking for?

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I guess there is a fundamental disconnect between (1) “more” experience; and (2) “better” experience. It’s kinda like deciding whether to take a starting position in the Canadian football league where you can get some solid playing time or whether you get on an NFL practice squad and grind it out in the hopes of making the roster and eventually playing in the big leagues.

Obviously it’s an oversimplification and at times players from the CFL can stand out and make it to the big leagues but those are rare. Like the CFL route, once you get too far down the small firm small case path, there is never an option to jump to the big leagues. The value of trial experience can be tempered by the type/complexity of the case and how prepared you were able to be for it.

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You are probably not going to get the same trial experience ever again. Civil jury trials are a disappearing animal. Having them even on crap cases is a good experience.

That said, do whatever brings you satisfaction. A good friend of mine is nearing retirement. He is a good civil litigator. Yet one of the cases he remembers most fondly is one early in his career as a GAL where he figured out how to convince a biker dad to give up his parental rights so that the child could be adopted to a two parent family that has a loving stable home. Those are the moments which will give you satisfaction in your career.

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These are really helpful responses and food for thought. I can absolutely concur that as of right it feels good to get trial exp. Unwarranted or unavailable proportionate to my career stage compared to peers. I worry that there is distinction between 'good' experience and experience developing bad habits etc. I do worry about losing an opportunity to learn 'on the job' versus taking a step back. For example, I rarely even see my peer associates anywhere near my depos, appearances, hearing. I'm litigating against their bosses. perhaps that's a similar payoff to working under their bosses ?

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I think you have to weigh both short term and long term pros and cons. In order for the short term benefits of moving to the defense firm (increased salary; possible potential to work on higher exposure/more complex cases, more structure and developmental opportunities, etc) with the long term benefits of staying at the plaintiffs firm (higher salary upside on contingency cases and more trial/case management exp). It’s not easy and it’s not one size fits all decision. What works for me might not work for you. But I would caution that just because you are no longer lead counsel that you wouldn’t develop more skills/exp at the defense firm.

It sounds like the defense firm may have better quality cases. If it does, it may be better to take a supporting role if you can develop skills that will pay of later eg better law/motion exp; exposure to working with experts and overall higher class of litigation. But without that info I can only speculate.

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Yes. The defense firm has better quality cases. I work Labor and Employment, so I've made some of my plaintiff cases more noteworthy just by my own wits (and luck) but typically it's volume work with much lower stakes than would be the case at the Defense firms with long standing relationships with clients at stake.

The experience you will get working under some of the top attorneys in the country will undoubtedly be much better for your professional development and for your career. There’s a reason prestigious firms are so well regarded. I’ve worked for solo practitioners, for a regional well regarded firm and have worked with partners from some of the top firms in the world. The best lawyers I have ever worked with and the best experience I have gained has been working along side those Biglaw lawyers... the Peoskauer, Wilke and Cravath’s of the world. Working beneath them with less responsibility will pay dividends in your career. ESPECIALLY in litigation. I wouldn’t think twice. You’ll get your experience over time but you will be a better attorney for it.

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I think there are a lot of apples talking about oranges here. Having trial experience makes you a leader. Moreover, you will have a skill you can sell to clients. I have spent most of my 30+ years as an attorney litigating cases before trial on the defense side, but always depending upon others, most of whom were big name trial lawyers, who brought in business. I have done well enough, but had I had more first chair experience earlier in my career, I would have been able to get business and/or move into higher paying jobs. You have to decide whether you want to be a leader or a cog. If you do well on the Plaintiff's side, you will attract higher value cases and make as much or more money than your big law counterparts.

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As someone who has done it, I’d say no. You can leverage your experience having more of a hands on role in the future even more than a placeholder at big law. And you’ll miss the autonomy and hate feeling like you’ve taken a step back. For me, the increase in pay isn’t worth the feeling of being sidelined when I know I can do more. Unless you feel like you’re not learning and progressing at your firm, and that’s another story.

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This great advice. Thank you so much!!! This is really helpful

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