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[cantdecide]

I could use some advice in picking between two firms.  Here's the low-down.

I have a EE background and have been a patent agent at a boutique firm for 7 years.  I graduate from LS soon (I'm a part-time student).  Law review, top 15%, 2nd-tier school.  I believe I'll be offered a position as an associate with the firm I'm currently at.  I also believe I have a decent chance of being offered an associate position at another firm I clerked for this summer. 

I could use some input on which firm to choose, assuming I get two offers.  My current firm (Firm A) is largely a prosecution shop.  The billable hour requirements are reasonable (~1950/yr), the lifestyle is steady, and the pay is good.  The other firm (Firm B) is a purely-litigation, contingency fee, boutique firm.  Exciting work, unlike prosecution (in my opinion).  Firm B aims to win the big settlements/verdicts.  The billable hours are reasonable (about 2100-2200/yr); the pay is good (although initially not quite as good as Firm A, Firm B's partner compensation eventually skyrockets over that of Firm A).  People are generally nice at both firms.

The real difficulty I'm having with Firm A is with the future of the patent prosecution business.  It seems that clients are pushing prices lower all the time, and I feel like I'm a one-man patent mill - just churning them out, day after day.  Patent pros seems like it's being commoditized.  I'm concerned about outsourcing as well.  Finally, the chances of making partner at Firm A are very low.  Firm A requires a certain amount of business to make partner, and there are just too many conflicts with existing clients for an ambitious associate to get in the door.  The chances of making partner at Firm B are higher than at Firm A. At Firm A, I'd likely end up being a non-equity partner or of counsel, making decent money but not the big bucks that equity partners make.

The real difficulty I'm having with Firm B is the less-predictable hours.  I have a wife and kids and spending time with them is very important to me.  Firm A makes that very easy; Firm B less so, but it is actually pretty family-oriented for a lit shop and makes good efforts to help in that regard (eg, working from home).  There's also the comfort factor.  I have an established history with Firm A and don't feel the constant need to impress.  I feel the opposite with Firm B.  Firm B has extremely high-caliber/pedigreed attorneys and the co-counsel those attorneys routinely partner with are just as high-caliber - some of the finest litigators in the country.  My LSAT score qualified me for MENSA membership (don't worry, I wasn't vain enough to join), and I would easily be the stupidest person there.  There's that intimidation factor, despite the fact that I got a lot of praise for the quality of my work as a summer associate (still waiting to hear about an offer/rejection).

Sorry for the random thoughts.  Not very well-organized.  But if anyone can offer insight, I'd be grateful. I'd be happy to throw in more facts if anyone wants/needs them to respond.

[Ghoti]

From your post it seems to me that you are trying to choose between
Firm A) predictable, boring, easy, limited growth.
Firm B) exciting, scary, hard, potential growth.

So, depends on who you are as a person. Do you like the safe stable known road, because you get your kicks outside of work. Or will being in a job that doesn't push you ulitmately end up being boring.

I could be completely mis-reading the tone of your post, but it appears to me that you want Firm B but are feeling a bit hesitant because of the inherent risk of something new.

[cantdecide]

Thanks, Ghoti.  Anyone else?  The more opinions, the merrier.  I'm especially interested in hearing people's take on the future of pat pros in general (pricing, outsourcing, etc.).  Thanks.

[TheTrademarkCompany]

If you make the jump to B make sure you know what you are getting into in terms of trial schedules, frequency, etc.  You mentioned that life-work balance is an important factor for you.  If it is a jump to a pure litigation practice that may not be the best move. 

Although I understand the thoughts on A and agree as competition heats up prices will inevitably fall please make sure to balance those thoughts with a realistic view of the litigation life.  I have one friend that was away on a 2 month trial recently so much so that he did not even get to come home for the 4th of July weekend and - I love this part - while throwing in about 2800 hours this year on July 3rd (Sat.) during trial prep for Tuesday's witnesses was informed he would not be making equity partner (again) this year.

One of my other friends was away on trial so often that he and his wife barely had time to ... well, um, expand their family.

One last cautionary war story, we use to have an old adversary litigation counsel that one of our opponents used as their lead trial counsel for every major defense case around the country.  Seeing him once or twice a year we actually developed a nice relationship despite how we consistently acted out in front of juries.  I can still remember to this day (it was in about 1998 this happened) we concluded a complete 30-day trial, following closing arguments and the submission of the case to the jury he got a call from his client stating they would settle for an amount they knew we would accept and would have accepted prior to the trial.

As he came back from the call and we wrapped the case up he said that it was the third time that year they had made him try a case like this, he had not seen his 3-year old daughter in months, and that during the call they had instructed him to head to LA (we were in DC at the time) to get ready for jury selection in a matter heading to trial in 2 days.  With a tear in his eye he called them and resigned on the spot.

So war stories aside, some people love the B lifestyle.  Others can take it for awhile and then burn out.  Some just simply should not go into it at all.

Just make sure to understand what will be asked of you and what your schedule will realistically look like if you were to join B (travel / court time, etc.) so you and your family can make the call with full information.

Good luck on the decision and congrat.s and all of your accomplishments.

Matthew Swyers
The Trademark Company

[blakesq]

i had a post all written up saying you should jump to firm B.  But then I re-read your post more carefully.  Overall only a small percentage of associates ever make partners at the firm they start off with.  Thus, the pay at firm A is a bird in the hand, vs. the partner pay at firm B, which are the two birds in the bush.  We just had our first baby, a boy, 8 months ago.  And that makes me think of this old saying from some movie:  "At the end of your life, which are you going to regret: not spending enough time at the office, or not spending enough time with your family?"   Good luck!

[AnotherCog]

I could use some advice in picking between two firms.  Here's the low-down.

I have a EE background and have been a patent agent at a boutique firm for 7 years.  I graduate from LS soon (I'm a part-time student).  Law review, top 15%, 2nd-tier school.  I believe I'll be offered a position as an associate with the firm I'm currently at.  I also believe I have a decent chance of being offered an associate position at another firm I clerked for this summer. 

How'd you manage to convince Firm A to let you go and clerk for Firm B? Have you discussed the possibility of joining Firm A as an associate with them?

[cantdecide]

How'd you manage to convince Firm A to let you go and clerk for Firm B?

Basically took a leave of absence.

Have you discussed the possibility of joining Firm A as an associate with them?

Not sure I follow your question ... that is precisely my dilemma - whether to join Firm A as an associate or Firm B as an associate.

[AnotherCog]

How'd you manage to convince Firm A to let you go and clerk for Firm B?

Basically took a leave of absence.

Have you discussed the possibility of joining Firm A as an associate with them?

Not sure I follow your question ... that is precisely my dilemma - whether to join Firm A as an associate or Firm B as an associate.

I believe I'll be offered a position as an associate with the firm I'm currently at.  I also believe I have a decent chance of being offered an associate position at another firm I clerked for this summer.

My point is that Firm A may not share your belief that you'll be given a job offer by them.  They may not be looking to bring on another attorney, given the current state of the economy.  They also may not even know that you're interested in working there as an associate, especially since you took time off to clerk elsewhere.  You won't know their plan without discussing the issue with them.

So, are you really asking whether or not to approach your current firm about working there as a lawyer?  Or, are you just assuming that they'll give you an offer and you're asking what to do if that were to happen?  I don't think that you have much of a dilemma, if you don't have both job offers in hand.