WHAT I WISH I HAD KNOWN

Picking Practices

This installment of “What I Wish I Had Known” discusses how the legal profession broadly categorizes practice areas and considers how you might choose or why you might decide to change your practice specialty. It also discusses how to find success in your transition and the best way to incorporate your prior knowledge into your new practice. 

By Corinne C. Miller, Esq., Childs McCune, LLC 

 

 

Understanding Practice Areas

When you say you “practice law,” most people think you are either a litigator or a transactional attorney. You either go to trial or don’t go to trial. You work in civil or criminal courts, plaintiff/prosecution, or defense. However, these limiting terms don’t account for what most of us do in reality—practice in areas involving elements of each. The experience you gain in one area will almost certainly help you down the line, even if that is not the area you choose to practice ultimately. Even if all you know about yourself is that you are interested in contracts, or enjoy regulation and compliance research, or don’t want to appear in court, that is enough to help you find your practice area. 

For example, I recently had the privilege of speaking with a group of ambitious 1L students at a local University on behalf of the Health Law Section of the Colorado Bar Association. In addition to meeting the students, I was also excited to learn more about the related practice areas of my two-section mates. While we all practice “health care law,” most people consider what I do broadly as ‘litigation.’ Most attorneys would further associate my practice with ‘professional liability defense,’ specifically ‘medical malpractice defense.’ Other attorneys practicing health law might work in health care policy, state and federal regulation, compliance, public health, transactions, payment and reimbursement, hospital administration, or operations. 

If working in health care law is an oversimplification, it’s also a limiting definition to call myself a litigator. I also have the privilege of representing professionals, typically doctors, dentists, and other medical professionals, in regulatory and administrative matters. What struck me the most about my interaction with the 1Ls was how much interest they expressed in distinct areas of practice. Most people I knew in law school had no idea what type of law they wanted to practice—many, including myself, probably had no idea how many types of law there truly are! 

Changing Practice Areas

On the other hand, what if you thought you would practice in a particular area and change your mind? What if you made the wrong choice for yourself?  What if you picked wrong? It might sound insurmountable, but the answer is simple. Change practice areas.   

In August, we discussed transitioning your practice from one jurisdiction to another. Changing practice areas will be a lot of work! It may involve learning a new capsule of seminal cases, applicable statutes, and where to find resources. You might need to learn new terminology, processes, and operations. You will likely need to adjust your expectations for case management and identify who is who in and out of your organization. You might even need to “re-train” yourself to look at things differently. 

Legal treatises, publications, and secondary sources exist for a reason. Read them. By taking the time to identify governing laws and regulations, learning who your clients are, and understanding why they have hired you to be their lawyer, you have committed to the transition of your practice, whether you are feeling confident in your new practice yet.  

Other things to consider: 

  • Join an association Section or Committee in your new area of practice 
  • Take relevant CLE courses 
  • Review online materials for courses in the practice area 
  • Gradually take on new cases while maintaining some of your current work 
  • Leverage transferable skills from prior experience (legal or otherwise) 
  • Find a mentor in your new practice area  

Most importantly, ask your colleagues what they wish they had known when they started. It’s essential to accept that to successfully and competently transition your practice, you must ask questions and have people available to provide input as you develop your expertise in a new area. This will require some vulnerability. There is no room for pride when entering a previously unfamiliar area of law. However, whether you just graduated, have practiced for 5 years or 20, or still don’t know what your calling is—know that transition of practice is always possible. Making this hard choice is likely to provide you new, exciting opportunities to diversify your legal knowledge and contribution to the profession. Your prior experience, legal or otherwise, will contribute a different perspective, innovation, and approach which will only serve to benefit your new practice. In short, it’s okay if you picked wrong! It’s never too late to make the transition to a new area of law and help a new client base with their legal needs.  

This monthly article series will illuminate the unspoken challenges and oft-overlooked aspects of navigating a successful legal career. Each installment will identify practice tips and answer questions you might not otherwise know to ask. If you have topics of interest or wish to contribute to this series, please get in touch with Corinne at comiller@childsmccune.com.