1. Feel very much frustrated with the mundane work. Been there Done that - kind of feeling creeping in for several years now. 2. Money is limited in corporate law practice (as compared to advocates practicing in the court - of course they are very few). 3. No social recognition. This is extremely important as once you reach in your 40s you realise you do not have much solid relationships in the profession. You are because of your firm. 4. Impact of your work is very limited- very much limited to your clients (who are 70% of times thankless) and is very transactional in nature.
I think or perhaps want to know from folks who have switched to litigation- what has your experience been?
Been there and done that again. Tbh, there will be a little difficulty adjusting the litigation lifestyle for 1-2 years. Post that when cases start closing incrementally, the satisfaction is immense and very genuine!
The biggest changes you need to make peace with for a smooth transition: 1. The addiction of paycheck on 30th of the month; 2. Getting up on some days and not having work and actually having to take the initiative to find work (which you've slowly given up while working in a law firm); and 3. Daily disappointments.
To elaborate on point 1 and 2: People say litigation is hard work etc. But more than the 14 hour days, it's the "nothing to do" days you have to learn to deal with more. Sometimes, there will be entire weeks/months when all you did was just filed a receipt. That is the scarier part after you come out of a law firm where everyday is a standard 12-16 hours. But assuming you have a good enough savings at this stage to pad you up, you can easily sail through it financially.
To elaborate on point 3: In law firm, you are pretty much in the senior rung now. Associates work for you, partners rely on you. Unless there is a very major fuck up, no partner will shout down a PA/PAD. You're treated very professionally. But in litigation, you'll have judges who'll destroy your self esteem everyday - either by not listening to you, by dismissing you or giving some random ass order. Don't expect to "win" cases. As long as you're appearing and you're making money, that is the definition of success in litigation.
So yeah buddy, just prepare yourself mentally, take the plunge and enjoy the ride. And do not evaluate yourself until for the next 2 years. It's fine as long as you are making some incremental progress every month. Life is too short to spend in a cubicle. Go be the reason you did law for!
I'll be frank. A complete kill switch up and actually starting from scratch is stupid. If you ARE a PQE 10+, you already have a decent book or the ability to generate business. Please tap into that ability, meet a friend who has set up his own lit/civil practice and is successful/reasonably good. Learn the ropes from him and find a balance between the two practice.
I do not suggest that you become a 'Junior'. That would be stupid. If you want to do this, you need to become a entrepreneur. And honestly, if you saved prudently over your career, money might not be your priority, and it would do you good to work pro-bono and live happily. Indian lawyers, especially corp once, underestimate the demand for professional work that is reasonably charged. All the best.
It's an easier transition to make than vice versa. But be prepared for lesser pay, equally long hours if you're joining a lit firm or chamber, and frustration at how much time is spent in courts - with the end result several times being an adjournment or the matter not reaching. Also follow a good court clerk or someone junior who has done this for a few years and learn the basics of court filing. Also cpc, evidence act and crpc are now your friends - whee!
My message may not sound like it, but it is great fun. Welcome to litigation.
I have been in Litigation for 10 years and work with a lot of companies. Plan your switch carefully. Build relationships with your existing clients and people there, build a good relationship with your team as well. Once you move let them know that this what you are starting and they can send you some work. Any work no matter how routine or mundane during the start would be welcome. Gradually everything adds up. Be honest with your clients and colleagues, be sincere in your work and do not use unethical means of securing work by putting other people down, it may lead to short term gains but long term there is a loss of reputation and affects the work that is coming. It is satisfying work but you win some and lose some, be prepared for that. You will learn on the go and every day is new experience. All the best.
bro you're already 40, 10 years from now you'll be 50! why do you wish to struggle so much? being in corporate firms for 10 + years you may have missed out on a lot of family life, why not spend more time with them instead? litigation is a lot of glorification without substance- it's not like you'll have the impact of a Nelson Mandela just by becoming a lit lawyer. you must have made good money and hopefully invested some of it, live off capital appreciation and interest and become a lifestyle guru or something
Your grey hair will be worth more once you step into a courtroom. Camaraderie at the Bar is one of the most amazing gifts - there is always a friend to speak to, a mentor to listen to. You will be Master of your time on most days. That is worth a bank account of its own. No more calling other people Sir. Its time to be out in the world and of value to it.
Consider partnering with a litigating lawyer who would be willing to introduce you to the practice. You can use your current knowledge to add a transactional side to his practice. Hire juniors and treat them better than you were treated.
The secret to happiness is that it is right here, right now. Not a distant goal or a daydream. Life is too short for what ifs.
It is extremely difficult to break into litigation field. Frankly at 40ish you should already have a regular stream of work coming to you from Tribunals (service matters, telecom, SEBI, CCI), High Courts and Trial Courts which you don’t. It will now be extremely difficult to get that for you.
Second, a lot depends on the relationships right from a notary to clerk in court to babus in offices, NCLT and NCLAT etc. You will have to start from ground zero.
Irrespective to the above if you have fire in your belly to become a litigator nothing can stop you. But be prepared to first 5 years of struggle and “deep deep deep” frustration and humiliation and disrespect. After 5 years who knows? You could be a failure or someone good in making.
I may be wrong, but what is it with people being so pessimistic about the age at which one much commence independent practics?
I may not be very accurate but Dr. Dhawan came to India and commenced practice in his 40s. He taught law abroad before that.
The OP would be able to capitalise on his transactional / corporate law expertise, and can may continue to advise on transactions to support himself while he builds his litigation practice.
Would you be able to handle the punishment on your body at what I assume is nearly 35 years of age or more. If you want to start litigation from scratch (as opposed to someone who comes from In-House/PSU/Govt babu and uses his connections to generate business) you will initially have to do a lot of physical grunt work plus long hours.
Following this intently.
2. Money is limited in corporate law practice (as compared to advocates practicing in the court - of course they are very few).
3. No social recognition. This is extremely important as once you reach in your 40s you realise you do not have much solid relationships in the profession. You are because of your firm.
4. Impact of your work is very limited- very much limited to your clients (who are 70% of times thankless) and is very transactional in nature.
I think or perhaps want to know from folks who have switched to litigation- what has your experience been?
The biggest changes you need to make peace with for a smooth transition:
1. The addiction of paycheck on 30th of the month;
2. Getting up on some days and not having work and actually having to take the initiative to find work (which you've slowly given up while working in a law firm); and
3. Daily disappointments.
To elaborate on point 1 and 2: People say litigation is hard work etc. But more than the 14 hour days, it's the "nothing to do" days you have to learn to deal with more. Sometimes, there will be entire weeks/months when all you did was just filed a receipt. That is the scarier part after you come out of a law firm where everyday is a standard 12-16 hours. But assuming you have a good enough savings at this stage to pad you up, you can easily sail through it financially.
To elaborate on point 3: In law firm, you are pretty much in the senior rung now. Associates work for you, partners rely on you. Unless there is a very major fuck up, no partner will shout down a PA/PAD. You're treated very professionally. But in litigation, you'll have judges who'll destroy your self esteem everyday - either by not listening to you, by dismissing you or giving some random ass order. Don't expect to "win" cases. As long as you're appearing and you're making money, that is the definition of success in litigation.
So yeah buddy, just prepare yourself mentally, take the plunge and enjoy the ride. And do not evaluate yourself until for the next 2 years. It's fine as long as you are making some incremental progress every month. Life is too short to spend in a cubicle. Go be the reason you did law for!
I'll be frank. A complete kill switch up and actually starting from scratch is stupid. If you ARE a PQE 10+, you already have a decent book or the ability to generate business. Please tap into that ability, meet a friend who has set up his own lit/civil practice and is successful/reasonably good. Learn the ropes from him and find a balance between the two practice.
I do not suggest that you become a 'Junior'. That would be stupid. If you want to do this, you need to become a entrepreneur. And honestly, if you saved prudently over your career, money might not be your priority, and it would do you good to work pro-bono and live happily. Indian lawyers, especially corp once, underestimate the demand for professional work that is reasonably charged. All the best.
My message may not sound like it, but it is great fun. Welcome to litigation.
Consider partnering with a litigating lawyer who would be willing to introduce you to the practice. You can use your current knowledge to add a transactional side to his practice. Hire juniors and treat them better than you were treated.
The secret to happiness is that it is right here, right now. Not a distant goal or a daydream. Life is too short for what ifs.
Second, a lot depends on the relationships right from a notary to clerk in court to babus in offices, NCLT and NCLAT etc. You will have to start from ground zero.
Irrespective to the above if you have fire in your belly to become a litigator nothing can stop you. But be prepared to first 5 years of struggle and “deep deep deep” frustration and humiliation and disrespect. After 5 years who knows? You could be a failure or someone good in making.
I may not be very accurate but Dr. Dhawan came to India and commenced practice in his 40s. He taught law abroad before that.
The OP would be able to capitalise on his transactional / corporate law expertise, and can may continue to advise on transactions to support himself while he builds his litigation practice.