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I have spent almost 7 years working in a general corporate team of a tier 1 firm in Mumbai. I had the chance to advise some of my clients on the corporate side on certain pre litigation / litigation-related matters along with our litigation team. I found the experience a lot more interesting and refreshing. I am thinking of switching to litigation full-time and have a few questions.
i) Is it better to take an internal transfer and start off in the litigation team of my firm? Or should I join an independent counsel? What are the pros and cons of each role?
ii) Is it too late to make this switch (in terms of adaptability)?
iii) What are some of the stumbling blocks/ pitfalls that I can expect (apart from a significant reduction in salary)?
If I were in your position, I would first shift to the litigation team internally and grasp as much as I can within a couple of years before taking a call on independent practice. These are the reasons:
a. A shift within the Firm wouldn't leave you unsettled all of a sudden. There would be less of a culture shock;
b. Transactional lawyers have excellent grasp of many substantive laws. You can focus on shadowing partners to court and learning how teams manage their filings and appearances.
c. The team will, in time, trust you with court appearances in simpler matters. You can use this to deal with any apprehensions or confidence issues. You will have much less at stake at the time.
d. Time spent with the litigation team will also help you build necessary contacts at the courts and you will be more comfortable managing your practice once you go independent.
As you learn, also save as much from your law firm retainer to build a cushion for the next phase.
To the best of my knowledge, Delhi Bombay Tier 1 peeps don't appear themselves in most matters.
Simpler matters are where the Partners would go - that too only if a client can't afford a senior advocate