Gavin Howe
Big Law firms are large, prestigious law firms that offer a range of legal services to their clients. They are known for their high salaries, intense work culture, and large portfolios of clients. Criminal law, on the other hand, involves practising law related to criminal activities and can include both defence and prosecution. While some lawyers choose to specialize in either Big Law or criminal law, others may transition between the two areas. However, it is important to note that transitioning from criminal law to Big Law may be challenging due to the different skill sets required and the limited number of criminal law positions available in Big Law firms.
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What You'll Learn
Criminal law demand and pay
While a career in criminal law may not be a traditional stepping stone to Big Law, it is not impossible to make the transition. Criminal law practitioners can find opportunities in Big Law firms, particularly those with a focus on white-collar criminal defence. However, these positions may be harder to come by due to their limited availability.
Criminal law, with its distinct nature from Big Law, presents unique challenges and opportunities regarding demand and pay. Criminal defence lawyers often represent clients who are funded by legal aid, which can result in minimal hourly rates and constraints on preparation time investments. This dynamic demands diligent work to generate billable hours effectively.
On the other hand, demand letters play a significant role in criminal law cases, particularly in shoplifting incidents. Retailers may send civil demand letters to recover losses incurred due to shoplifting, including the cost of goods and expenses related to dealing with the offence. While paying the civil demand may prevent further action from the retailer, it does not preclude criminal prosecution. The decision to press charges rests with law enforcement and prosecutors, who may still pursue criminal charges even if the civil demand is met.
Demand letters are formal documents sent by one party to another, requesting payment or action to resolve a dispute. They are commonly used in contract law, tort law, and commercial law cases, signalling a serious intention to reach a resolution. While not legally required, demand letters are considered a measure of good faith and can be drafted by lawyers or individuals.
In the context of criminal law, demand letters may be sent by retailers or their lawyers to alleged shoplifters. Paying these civil demands may not prevent criminal charges, as the decision to prosecute lies with law enforcement and prosecutors. However, non-payment could result in retailers taking legal action in small claims court or state superior court, seeking to collect the demanded amount.
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Big law hours and pay
Big Law attorneys are among the most highly paid in the legal profession. Associates in Big Law make six-figure salaries straight out of law school, with the average salary for first-year associates at a Big Law firm being $190,000. However, it is difficult to say that Big Law associates are the best-compensated attorneys when you consider the long hours they work.
Big Law attorneys work with big clients on interesting transactions, engagements, and matters when the stakes are existential. They are expected to work longer hours, including nights and weekends, to handle exigent matters on short notice. While it is difficult to estimate the exact number of hours worked by an average Big Law associate, it is definitely more than 40 or 50 hours a week. One source estimates that the average Big Law associate works 60 to 70 hours a week, with some working even more.
The billable time required for first-year associates at firms with more than 700 attorneys is around 1,930 hours. To achieve 1,800 billable hours, an associate would work "regular" hours plus an extra 20 minutes Monday through Friday or work one Saturday each month from 10:00 a.m. to 5:00 p.m. Associates must keep track of their billable hours and find billable work if they start to fall short of their monthly goals.
While Big Law associates are well-compensated for their long hours, some may choose to leave Big Law for other opportunities. These opportunities may provide a better work-life balance, multiple income streams, or a similar total income and benefits. Additionally, there are other routes to high-quality criminal work outside of Big Law, such as local USAO, Federal Public Defender, state DOJ, or civil rights law firms.
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Big law's transformation
Big Law has undergone a dramatic transformation that goes beyond its revenue surge. It is now characterized by its work with large companies that have specialized transactional matters or complicated litigation. Clients are attracted to Big Law firms due to their reputation and brand value. Big Law attorneys often work with big clients on interesting and meaningful transactions, engagements, and matters. This work provides fantastic training for younger attorneys.
Big Law firms are often located in major cities, with a notable concentration in New York City, and offer high salaries, with some lawyers earning six-figure salaries straight out of law school. However, it is important to note that Big Law attorneys may feel disconnected from the courtroom, particularly in front of a judge, which can be a factor in some lawyers' decisions to transition to criminal law.
Transitioning from Big Law to criminal law is possible but may come with challenges and a potential pay cut. Some lawyers may face skepticism from their new colleagues in the criminal defense bar, as the two fields are distinct, and criminal defense lawyers may be skeptical of those who previously put people behind bars. However, there are criminal law practices outside of Big Law that are still prestigious, such as local USAO, Federal Public Defender, or state DOJ. Additionally, civil rights law firms that handle civil rights violations relating to criminal law can provide a similar flavor of criminal law on the civil side.
Overall, the transformation of Big Law has led to a focus on working with large companies and providing a platform for attorneys to work with big clients on interesting and meaningful matters. This transformation has also created a perception of Big Law as a prestigious and well-compensated career path, particularly in major cities. However, some attorneys may seek a transition to criminal law, which is possible but may come with adjustments and a shift in work culture.
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Big law's hiring process
The hiring process for Big Law firms is notoriously competitive. Here is a step-by-step guide on how to navigate it:
Grades and Academic Performance
Grades are a significant factor in the Big Law recruitment process. Your performance during the first year of law school (1L) can greatly influence your competitiveness for a Big Law position. Many firms have grade thresholds for recruiting, so aim for high marks to qualify for interviews and increase your chances of securing a position. However, grades aren't everything, and there are other factors that contribute to a successful application.
Timing and Recruitment Cycles
Big Law firms often start their recruitment processes early. Traditional on-campus interviews (OCIs) typically occur in the summer after your 1L year for a 2L position, which can lead to an offer to return to the firm after graduation. This means that you need to be prepared for the job search during your first year of law school. Some firms also engage in precruiting, which involves networking events, firm events, and interviews in the winter and spring of your 1L year for summer positions.
Networking and Connections
Building a strong network and cultivating relationships are crucial for breaking into Big Law. The phrase "it's who you know, not what you know" rings true in this industry. Start by attending networking events held by Big Law firms near law schools or in major cities. These events provide valuable opportunities to meet practicing attorneys and pass along your resume. Be persistent in your follow-ups to advance the process. Additionally, leverage your connections with friends, family, law school professors, career services, and members of your local bar association to explore unique opportunities.
Internships and Experience
Seek out internships during your 1L summer to gain relevant experience. An internship with a judge or a firm can enhance your resume and provide valuable insights into the legal field. Research the firms you are interested in and prepare thoroughly for interviews to showcase your knowledge and enthusiasm.
Cover Letters and Applications
When applying to Big Law firms, pay close attention to your cover letter and application package. Personalize your cover letter for each firm, highlighting why you are interested in them specifically. This demonstrates your motivation and commitment. Don't be discouraged if the recruitment process doesn't go as smoothly as expected—stay resilient and adaptable.
In summary, breaking into Big Law requires a combination of strong academic performance, strategic timing, effective networking, relevant experience, and a well-crafted application. Start early, be proactive, and don't hesitate to seek advice from career services and other resources to navigate the hiring process successfully.
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Criminal law alternatives
Criminal law is a broad field, and there are many alternatives to criminal law practice. Here are some options to consider:
Civil Rights Law
Civil rights law firms handle civil rights violations related to criminal law. Some prominent law firms specialize in civil rights cases, providing an opportunity to work on criminal law-adjacent matters without being exclusively focused on criminal defense or prosecution.
White-Collar Criminal Defense
Some Big Law firms engage in white-collar criminal defense work, which can be an alternative for lawyers interested in criminal law. However, it is important to note that these positions are harder to come by as there are fewer Big Law criminal jobs available.
Federal or State Criminal Practice
If you are interested in criminal prosecution or defense, working for the government can be a rewarding option. Organizations like the Federal Public Defender, state Departments of Justice, or the USAO (United States Attorney's Office) offer prestigious criminal practices. These positions may provide a better opportunity to gain direct criminal law experience than Big Law firms.
Private Alternatives to Criminal Courts
There is a growing trend of private companies being retained to handle certain types of criminal cases, such as shoplifting claims. This development, as described by Professor John Rappaport, could transform the way specific criminal matters are handled and presents an alternative to the traditional public criminal justice system.
Alternative Sentencing and Community Corrections
With a growing focus on addressing issues like mental illness, substance use disorders, and homelessness outside the criminal justice system, alternative sentencing and community corrections programs are becoming more prevalent. These programs aim to provide treatment and support instead of, or in conjunction with, incarceration. Lawyers can play a crucial role in advocating for these alternatives and ensuring their clients receive the help they need through community service, restitution, counseling, and probation.
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Frequently asked questions
Big Law refers to large law firms that have a significant number of attorneys and a broad reach, with offices in multiple countries. These firms often handle specialized transactional matters or complicated litigation for large companies.
Yes, it is possible to transition from criminal law to Big Law. Most Big Law firms have a criminal defense division, typically focusing on white-collar crimes. However, it may be harder to get a job in this field as there are fewer Big Law criminal jobs.
Big Law attorneys often have the opportunity to work with big clients on interesting and challenging transactions, engagements, and matters. The pay is also significantly higher in Big Law firms, with associates earning upwards of $200k.
Graduating from a top-tier law school, such as Yale, Harvard, Stanford, or Columbia, can significantly increase your chances of being hired by a Big Law firm. Additionally, factors such as a high LSAT score, a competitive GPA, local ties to the legal community, and prior work experience can also improve your prospects.
