One might describe a BigLaw associate's career path as follows:

Good LSAT score led to admission at a top law school; 

Good law school grades led to BigLaw associate position; and

Good work as a BigLaw associate will lead to life as a BigLaw partner.

Maybe? ... Good luck!

I watched many BigLaw associates lose their jobs last year.  Many weren't just "associates" or "candidates" of mine - they were my friends - more than just statistics.  How could this happen to my friends?  How could this happen to lawyers who earned good grades and performed good work?  The answer:  the BigLaw associates reached their BigLaw associate expiration date. 

No single person or event is to blame.  Yes, the dismal economy played some role, but I've also seen associates lose jobs in good economic times when they reach their expiration dates - you just don't hear as much about those losses.  The BigLaw associate expiration date is simply the nature of the BigLaw business model and the risk an associate takes when joining BigLaw.  However, can the legal profession engineer a soft landing by implementing training programs to transition BigLaw associates into their next position without leaving them unemployed on their expiration date?  Perhaps - and, the NFL might offer some guidance. 

An associate's life in BigLaw is like a professional football player's life in the NFL - it must end.  The typical career of a BigLaw associate and a NFL player is less than a decade and closer to one U.S. presidential term.  Eighty percent of lawyers leave large firms by their fifth year, and the average NFL career is only 3.5 seasons.

Why does an life as a BigLaw associate end?

If an NFL player stays in the league beyond 4 years, his risk for injury increases.  If a BigLaw associate remains in BigLaw beyond 5 years, his billing rate eventually increases to a level that approaches the billing rates of many junior partners.   As work levels decrease (as they did in many firms last year), the junior partners keep this work instead of passing it down to senior associates because the junior partners need to make their hours, too.  It becomes increasingly difficult for BigLaw senior associates to meet their hours unless they have additional work from their own clients to feed them.  And, any lower level work will get pushed down to junior associates with lower billing rates.  Thus, the attrition in both BigLaw and the NFL is the price of doing business - both need attrition to remain profitable.  

What's the next step for BigLaw associates?

Only the associate's life as an associate in BigLaw ends; the associate's career does not end.  There are many paths for former BigLaw associates - too many to list here.  Consider this sampling - five career paths of BigLaw associates named in honor of a retired NFL player who chose a similar path after playing football.  And, in the spirit of Super Bowl XLIV, I've indicated how each player is connected to Super Bowl XLIV; you can impress your friends with this trivia on Sunday.

1. Mike Ditka Path - Very few NFL players move directly into coaching in the NFL.  Most NFL players who transition into NFL coaching start at the college level and then advance to the NFL.  Mike Ditka is one example of a former NFL player who moved directly into coaching an NFL team; after playing for the Dallas Cowboys, he transitioned into a coaching position with the Cowboys.  Similarly, of the number of associates who join BigLaw out of law school, very few are promoted directly from BigLaw associate to BigLaw partner ... but, it can be done. Super Bowl XLIV Connection:  Mike Ditka coached the New Orleans Saints from 1997-1999; New Orleans is playing in Super Bowl XLIV.
2. Sean Payton Path - Sean Payton moved from playing in the NFL (Chicago Bears) to coaching college football at San Diego State University.  He later returned to the NFL to coach the Philadelphia Eagles.  Similarly, former BigLaw associates often leave BigLaw for careers in other, sometimes smaller, firms, government entities, or in-house positions and then return to BigLaw in a partner or counsel position.    Super Bowl XLIV Connection:  Sean Payton is the current coach of the New Orleans Saints.  
3. Al Golden Path - Many NFL players leave the league and never return ... but, their involvement with football continues.  One exit strategy is to transition into coaching at the college level.   Some former players such as Al Golden are even more successful coaching at the college level than they were playing in the NFL.    Similarly, many former BigLaw associates find greater success at smaller firms after leaving BigLaw. Super Bowl XLIV Connection:  Al Golden played for the New England Patriots during his brief NFL career ... the Patriots' biggest rival is playing in Super Bowl XLIV ... the Indianapolis Colts.  BONUS:  Al Golden tweets!  @UTcoachAlGolden
4. Phil Simms Path - Some former players remain close to football but not on the field as a player or coach.  After retiring as quarterback for the New York Giants, Phil Simms joined ESPN.  Phil's role can be compared to an associate leaving BigLaw for an in-house position.  There are fewer in-house positions just as there are fewer broadcast positions.  But, the positions offer an opportunity to remain close (and, sometimes work with) your colleagues from BigLaw.  Super Bowl XLIV Connection:  Phil Simms works on CBS's lead broadcast team; Super Bowl XLIV will be shown on CBS.
5. Ken Dilger Path - Some former players leave football for business opportunities.  Ken Dilger is a perfect example; the former NFL tight end is now President of Dilger Financial Group, an Indianapolis mortgage and lending business.  He discusses his transition from the NFL to business in this article.   And, similarly, lawyers can transition from BigLaw to business ventures.  The contacts an associate makes at BigLaw - both clients and colleagues - can often facilitate this type of transition.   Super Bowl XLIV Connection:  Ken Dilger played for the Indianapolis Colts between 1995-2001; the Colts face the Saints in Super Bowl XLIV.

How does an associate transition to the next position?

How does a BigLaw associate transition into the legal equivalent Mike Ditka, Sean Payton, Al Golden, Phil Simms or Ken Dilger?  What guidance does the NFL offer the legal profession with respect to preparing associates for life after BigLaw?  Consider the following NFL programs that focus on preparing players for life after the NFL:

• RookieSymposium: The NFL requires all rookies to attend a four-day symposium comprised of presentations and workshops on subjects such as "personal finances ... player development ... and handling success in the NFL and as well as life after the NFL."  Thus, from the beginning of a player's career, he receives training and guidance regarding his exit strategy.  How many law students and new lawyers know about the BigLaw expiration date?  Does the legal profession have a responsibility to educate them?  If so, who is the responsible party?  Law schools?  BigLaw? The ABA?  State bar associations?  And, what would the education look like?  Specific timelines detailing when associates should start focusing on business development if they want to follow the Mike Ditka path and at which level to start exploring "exit strategies," including specific examples?
• NFL Business Management & Entrepreneurial Program:  The NFL also offers programs to educate non-rookie players about life after the NFL.  One program, the NFL Business Management & Entrepreneurial Program, is offered at four business schools - Harvard Business School, Wharton at the University of Pennsylvania, Kellogg School of Management at Northwestern University, and Stanford Graduate School of Business.  This executive education program addresses the unique business opportunities and challenges faced by NFL players during and following their professional football careers.  The players learn to think of themselves as a brand, how to read and draft business plans and how to evaluate investment opportunities.   When should BigLaw associates begin branding themselves and drafting marketing and business development plans?  Who is responsible for teaching them?  At what point does it become the associate's responsibility to find his own training?
• Retired Players Convention:  Retired NFL players gather each year at the Retired Players Convention.  One activity scheduled for the 2010 convention is a golf tournament with both active and retired players.   Many BigLaw firms have their own alumni programs for former associates.  How can they improve and involve both practicing associates and alumni?  And, many law schools, in addition to strong alumni programs, have programs for alumni who are no longer practicing law but pursuing other career opportunities.  How can they improve and provide examples of the Ken Dilger career paths in business or areas beyond the law?  Is there an opportunity for collaboration between the law firm alumni programs and law school alumni programs?  
• NFL Broadcast Bootcamp: The NFL also joins with NFL Films to host a four-day crash-course in broadcasting for former and current NFL players who want to transition into broadcasting careers.  What can the legal profession do to transition BigLaw associates into Phil Simms career paths?  Can law firms and law schools tap the in-house counsel in their respective alumni networks for guidance, collaboration and mentoring?
• NFLPA/NCAA Coaches Internship:  The NFL, NFLPA and NCAA created an internship program to help retired NFL players transition into coaching.  What can the legal profession do to better transition BigLaw associates into the Al Golden career paths ... practicing at smaller firms.  
  

Conclusion

The BigLaw associate career path is not simple and linear; think of the career path as ivy climbing lattice rather than a human climbing a ladder.  The BigLaw associate expiration date is an inevitable part of that path so BigLaw associates should plan accordingly.  But, because the path is a lattice rather than a ladder, the BigLaw associate should be able to receive guidance regarding their plans from the resources forming the network of the lattice - the legal profession, including law schools, law firms, bar associations and individual BigLaw associates.  The guidance will come at different points along the path:

Law Schools ... Are you responsible for educating students about the BigLaw associate career path and the inevitable BigLaw associate expiration date?  After all, the law students are your customer and they seek a career, not just their first job.  Perhaps the education starts with the career services departments and continues with the alumni relations departments?  Perhaps the two collaborate on programming?

Law firms ... Are you responsible for training and developing associates when you know the majority won't continue their career path in your firm?  Perhaps the associates are still valuable to your firm and worth the investment because the associates will contribute to the firm's growth down the road (i.e., referrals, connections)?  Or, perhaps it's a good public relations move? 

Bar associations ... How much programming do you offer on career paths and options?  Is there room for improvement and perhaps collaboration with the law schools or law firms?

BigLaw associates ... invest in yourself!  Hold off on buying the Mercedes and 5,000+ square foot house with BigLaw disposable income.  Stick with the Honda and apartment or starter home; put the extra money toward your professional growth and building your brand, especially if you aren't receiving this support from your BigLaw firm (law firm marketing departments focus on marketing the firm; you must assume responsibility for branding and marketing yourself).   Hire a business development/marketing coach, pay to attend conferences your firm won't cover (assuming you'll be able to meet good contacts), and take courses outside the legal industry to meet contacts in other industries (especially helpful if you hope to transition into business). 

Next Month ...

The March issue of Something Different will include an excerpt from my forthcoming book based on The 6Ps of the BIG 3™ and the excerpt will expand on ways  attorneys - not just BigLaw associates - can use the Big 3 social networking sites in their branding and marketing efforts. 

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