What you enjoy doing in law school can be indicative of which practice .... He received a J.D. from Columbia Law School
Lexis Practice Advisor
®
advancing what’s possible
Top 5 Summer Tips: Litigation vs. Transactional Work by Justin C. Nowell, Wachtell, Lipton, Rosen & Katz
This practice note outlines five practical tips you can use as a summer associate to help you decide between litigation and transactional work. Choosing between litigation and transactional work is one of the most important decisions you can make as you begin the practice of law. While not irreversible, this initial decision can serve as a catalyst for a successful career or turn out to be a mistake that haunts you for years. The following tips will help you in making an informed decision about whether litigation or transactional work is the right choice as you enter your summer associate program.
1. Think about how you like to spend your time. What you enjoy doing in law school can be indicative of which practice area suits you. Do you prefer spending time researching case law to support the key argument in your memo or do you enjoy working in a group to review class notes, outline study guides, and brainstorm potential exam questions? Do you perform best when you can prepare in advance of a deadline or do you excel when the clock is ticking and you must complete your assignment on an accelerated timeline?
In general, litigation work involves substantive research of case law, investigation of facts (e.g., interviews and depositions), and analysis of the merits of a potential case. Transactional work, on the other hand, primarily involves drafting, negotiating, and advising on legal transactions ranging from routine securities filings to large company corporate merger agreements. In terms of work flow, transactional practices tend to reflect more ebbs and flows depending on external factors such as the strength of the economy, the political and regulatory environment, and the time of year. In contrast, litigation practices are generally steadier and work often comes with pre-
scheduled deadlines dictated by a pace set by the courts. Both practice areas offer challenging and rewarding environments, but in very distinct ways.
2. Don’t rely solely on your law school perceptions. While law school classes provide the fundamental foundation of how to “think like a lawyer,” don’t automatically equate what you learned in the classroom to the type of work you’ll be doing in practice. Law school provides you with the tools to succeed in any number of careers and the general background to differentiate between litigation and transactional law. However, law school cannot replicate all the types of litigation and transactional work you’ll do as a practicing lawyer. Just because you did well in Civil Procedure doesn’t mean you’ll love litigation practice. Similarly, just because you excelled in Corporations doesn’t mean you’ll make a great transactional lawyer. Choose whichever area interests you but recognize that, in practice, you will be learning on the job. Reach outside your comfort zone and enter your summer associate program with an open mind.
3. Understand the key points of evaluation for your work product. No matter what department you’re in, supervising attorneys will be looking for summer associates to act professionally, be responsible, and exercise good judgment. Those are overarching characteristics that weigh heavily on how successful you’ll be regardless of the type of law you ultimately end up practicing. That being said, whichever area(s) you choose during the summer will set you up for a different type of experience. While your assignments in both litigation and transactional practices will be reviewed by supervising attorneys, they’ll likely be evaluated for slightly different skillsets. As a general matter, litigation departments place a strong emphasis on your research and writing skills as well as your legal thinking, whereas transactional departments will be looking for strong interpersonal skills, initiative, and negotiation aptitude.
4. Consider your long-term goals. It’s important to think beyond your first or second year as a lawyer and consider what your long-term career goals are. Despite what television or movies may suggest, no lawyer walks out of law school arguing before the Supreme Court or advising boards of directors through multi-billion-dollar mergers. Every lawyer goes through an initial learning period. It may sound like a cliché but ask yourself, “Where do I see myself in five years?” Make sure you do your due diligence to come up with an honest answer to that question as it’ll likely guide you towards the type of work you’ll enjoy as you progress in your career.
5. Explore outside your department. Once you choose where you want to spend your summer, you have the opportunity to make sure that it’s the right career path for you. The best way to ensure you’ve made the right decision is to talk to people who actually practice in the field of law you think you’re interested in. The summer associate program provides ample opportunity to explore areas of interest and figure out what you do and don’t like, the latter of which may be the most useful. Seek out opportunities to grab coffee or attend lunches with attorneys outside your department, who are at varying stages of their careers. These interactions will help you gain a diverse, fact-based perspective of the firm that’ll assist you in making an informed decision about your future. No matter whether you rotate through various practice groups or stay in one practice group all summer, it’s crucial to meet as many people as possible and learn about the firm beyond your assigned department. Remember, as much as the firm is evaluating you, you are also evaluating the firm. Ask yourself the question, “Can I imagine myself coming to work here every day?” Bonus Tip: Utilize your skillset and law school experiences to decide in what area you want to spend your summer. Once you decide, make sure to network with people outside of your department and ask the hard questions that only experienced lawyers can answer. The lawyers you interact with at the firm are in the position where you will be in a few years, so make sure you see yourself growing, excelling, and flourishing in whichever area you choose to pursue.
Justin C. Nowell Associate, Wachtell, Lipton, Rosen & Katz Justin C. Nowell is an associate in Wachtell Lipton’s Corporate Department. Justin received a B.A. in English and Government & Legal Studies from Bowdoin College in 2012. He received a J.D. from Columbia Law School in 2016, where he was a Columbia Law School Teaching Fellow, a James Kent Scholar and a Harlan Fiske Stone Scholar. Justin also served as Articles Editor for the Columbia Science and Technology Law Review. Justin serves on the Board of the Beginning with Children Foundation.
LexisNexis, Lexis Practice Advisor and the Knowledge Burst logo are registered trademarks and Lexis Practice Advisor Journal is a trademark of RELX Inc. Intelligize is a registered trademark of Intelligize, Inc. Other products or services may be trademarks or registered trademarks of their respective companies. © 2018 LexisNexis. IMC00113-0 0618
