Welcome        Client Services        Testimonials       Helpful Articles      Links        Contact Us

Managing Your Legal Career

King County Bar Bulletin

"Why Are You Leaving?"

By Karen J. Summerville

Q. I have been a partner in the same medium-size firm for the past 15 years. The firm is going through some very difficult times, and I find that my practice is no longer compatible with the direction the firm appears to be taking. I have been asked to meet with the partners in a smaller firm to discuss a potential opportunity to work with them. What can I do to prepare? What questions should I anticipate?

A. First, try to learn as much as possible about the firm and its partners before your meeting. Getting information about smaller firms can be challenging because they seldom have brochures or websites. A trusted confidante may be able to do a little investigating on your behalf to avoid arousing your partners' suspicions. If all else fails, you may have to rely on Martindale-Hubbell.

In your initial meeting you should expect to be asked why you are thinking about leaving your current firm. In answering this question, you want to be careful not to be too critical. Think of ways to state positively why you are looking for a new opportunity. For example, you may be able to describe ways in which a move to the right firm will better enable you to build your practice and develop new clients.

In this meeting they will also want to learn as much as possible about your practice and your clients. More precisely, they will want to know what work you would bring with you. There is no way to predict exactly which clients will follow you to a new firm. Reviewing your billings for the past three to five years should give you some basis for prediction. In making this prediction you want to take care not to overstate or understate your "portability." When this subject comes up (and it will!) be prepared to discuss ways in which your practice areas and expertise would blend with theirs. In evaluating whether this might be a good opportunity, you want to look at the potential for synergy. Also, look for possible conflicts that might limit your ability to retain or attract clients in your practice area.

You may also be asked how much you are currently making. If you are not making as much as you would like, you probably want to answer by explaining that you are looking for an opportunity to make more. Focus on your past and projected billings and ask them about overhead. The overhead varies greatly from firm to firm. The overhead tends to be higher (as high as $165,000 annually per attorney, exclusive of salary) in the largest firms in Seattle. Smaller firms in downtown Seattle may be able to operate with overhead well under $100,000 per attorney. The compensation formula in many small firms is simply based on collections per attorney less overhead (i.e., "eat what you kill").

Finally, in addition to asking questions about your practice and your salary expectations, they will probably ask questions to determine whether your personality and interests are compatible with theirs. In a smaller firm it is essential that all members get along. Be yourself and observe carefully. Do they enjoy each other's company? Do you enjoy theirs? A relaxed, collegial atmosphere is a good predictor of your future satisfaction and success, should you decide to make a move.

Q. I was a second year associate in a large firm, and I left recently because "things weren't working out." What do I tell prospective employers when they ask me why I left?

A. You are wise to anticipate this question. Too many people go into interviews hoping they won't be asked the difficult questions. You should not only expect the difficult questions; you should prepare your responses in advance. In your case, you need to know what your previous employer will say before you can tell a prospective employer why you left. In most instances a departure by an attorney is a mutual decision. Will the partners in your old firm back you up on this? Will they support you if you said you left because you couldn't develop the type of practice you wanted? Although it may be awkward to talk to the partners at the firm you just left, you will probably need their references, particularly if you want to work in a similar position. Most likely, they will be happy to assist you in finding an appropriate new job, and will generally tell a prospective employer about your strengths.

If pressed, however, they will probably also be honest about your weaknesses. Obviously, it is essential that you know what weaknesses they would reveal. Sometimes it is helpful to have a neutral, third person call to check your references just to make sure that you can rely on them. Knowing what your references will say should help you formulate an honest, positive response.

In telling a prospective employer why you left, resist the temptation to find fault with your old firm. Instead, focus on your desire to take on greater responsibility in your chosen field and emphasize why you think that would be possible in the new setting. Of course, this requires some work on your part. You must assess your own strengths and weaknesses and research a new firm or company to determine whether you could be successful in the new environment. In my experience and that of my clients, the attorneys who are ultimately the most successful and satisfied in making a career transition are those who spend the most time and effort looking at themselves and prospective employers. It's not easy, but it's worth it!