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From a 5-year plan to a 10-year plan: The critical juncture point for mid-level associates

While lawyers up to four years post-law school are extremely sought after in the Australian legal market, mid-level associates also face critical decisions — some of which can be career-altering.
   
BY LAUREN CROFT

F ollowing the global pandemic and the Great Resignation, the legal market has been extremely candidate-driven. Recruiters have already reported that firms in metropolitan cities across the country have been struggling to hire mid-level and senior lawyers — with these positions being among the most in demand in the profession.

 

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This is something that has only been exacerbated over the last few years, with firms now increasingly focusing on salary hikes (which not everyone can afford), loyalty bonuses and culture-driven initiatives to attract and retain staff, particularly those with over two years post-qualified experience (PQE) — a fact that a number of recruiters have confirmed.

Issues and challenges for mid-level associates

As a potential recession looms, the legal candidate market is likely to contract, which Naiman Clarke managing director Elvira Naiman said has historically meant that candidates that wouldn’t necessarily make their way to a larger firm get starved of work and “managed out”.

“[Two-to-five-year PQE] associates are still in high demand (which is not expected to change anytime soon) and working long hours. Many in the larger firms have been asked to assist in varying practice areas due to general shortages in the market, meaning associates’ legal experience may be becoming skewed. This could be an issue for them in their future career, if specialism is the goal. It is important to know their specialism and to stay on track,” she explained.


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‘Experienced and talented’ senior and mid-level lawyers ‘are extremely hard to find’

While recruitment of senior and mid-level lawyers has always been a challenge for firms, a global pandemic and the supposed Great Resignation have only made things tougher.

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“In smaller firms, many have been enticed away to the larger firms — due to the larger firms being more flexible than usual with the background of the candidates they will consider and offering, at times, a dramatic pay increase. This door will, at some point, close when the candidate-driven market normalises.”

While the candidate market is unlikely to close completely, Taylor Root private practice director Richard Schontag said that mid-level associates would start to have fewer options moving forward.

“As we move towards the end of summer in Australia, a level of positive optimism about the economy has returned in Australia. Despite inflationary challenges, the majority of leaders are confident in their own companies,” he noted.

“As a result, associates remain busy; however, from a recruitment perspective, they might have less options in the market with law firms taking a cautious approach to headcount. Where they might have had traditionally four or five options, they might now only have one or two.”

Despite this, mid-level lawyers remain in a “sweet spot” within the market, Beacon Legal director Alex Gotch insisted.

“[These lawyers are] experienced enough to manage juniors and contribute meaningful work, yet not too senior to make their charge out rate expensive when it comes to partners’ pricing up mandates.

“Over the last 18 months, lawyers at this level (the ones who have remained in Australia) have been heavily relied on by their partners and firms, as teams have been significantly understaffed. This has resulted in lawyers often being overworked and racking up unsustainable billable hours which drastically exceed their annual targets, leading to burnout and, in turn, enhanced inclination for lawyers to change jobs,” he explained.

“The mid-level lawyers who have weathered the storm and are navigating the demanding environment they’re working in are generally well rewarded financially as well as fast-tracking their careers into more senior positions.”

“Associates remain busy; however, from a recruitment perspective, they might have less options in the market with law firms taking a cautious approach to headcount.Where they might have had traditionally four or five options, they might now only have one or two.”
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However, this fast-tracking can also mean that mid-level lawyers also face a number of challenges, particularly when getting on the partner track. This, nrol director Jesse Shah outlined, means that four years post-qualification can be particularly critical — especially for female solicitors who want to have children.

“Lawyers in this position can face so many difficult decisions on career, longevity, regression and equality,” he said.

“And a big conundrum for a lot of them, which shouldn’t even be a conundrum in the first place, is if I go and take that route of wanting to start a family, where am I going to land in terms of maternity pay and stability in a new firm? Do I have to be open and honest that I am trying for a family, or do I have to put those plans on hold for a couple more years before I can start? So, a lot of them are very nervous and even making a move where a lot of them are unhappy in their current firms.”

Are we still losing lawyers to overseas markets?

Entering 2023 — and exiting three years ruled by the pandemic — many legal candidates in both the Sydney and Melbourne markets jumped ship coming out of statewide lockdowns to move either interstate or overseas after travel restrictions were eventually lifted. This was somewhat unsurprising, with candidate expectations changing significantly throughout lockdowns and following the Great Resignation, which Mr Schontag confirmed manifested in an increased number of Australian lawyers moving to bigger (overseas) markets.

“As law firms and corporates emerged from the worst of the pandemic, demand for legal services continued to grow, resulting in overseas law firms aggressively hiring Australian associates. Fears of the ‘Great Resignation’ manifested into the reality of the ‘Great Migration’. This was due to exceptionally strong demand from law firms in London, New York and San Francisco for Australian transactional lawyers,” he said.

“Working overseas is definitely something Australian lawyers should have on their career plan. They will work in a larger market on bigger matters, which looks great on the CV. The salaries are far bigger than what the Australian market pays too, but it comes with increased intensity and work hours.”


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Melbourne, Sydney recruitment markets were ‘absolutely’ impacted by lockdowns

Post-pandemic, these recruiters reflected on how COVID-19 — and statewide lockdowns — affected two major Australian legal recruitment markets.

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“Mid-level lawyers who have weathered the storm and are navigating the demanding environment they’re working in are generally well rewarded financially as well as fast-tracking their careers into more senior positions.”

In terms of overseas markets, London, Dubai, and New York are the most popular destinations for Australian lawyers, according to Naiman Clarke associate director Kristina Steele. However, she also said that “the London market has cooled considerably this year, meaning we may see a decrease in international relocations, purely due to lack of demand, which will no doubt be positive for the Australian market”.

Ms Steele outlined a number of positives of mid-level lawyers moving overseas, including getting to experience another market and being able to explore other countries and continents from a shorter distance.

“If a role is secured in a London magic circle law firm (the most prestigious high-performing law firms in London), for example, this can only benefit their future career and will be viewed extremely well upon return to the Australian jurisdiction,” she said. “However, the cons should also be considered. If the market turns, generally, the people on visas will be the first to be asked to leave. We have also seen a couple of situations where integration into a much larger firm/team has not gone well.”

Lawyers who leave Australia for longer periods can also face a salary and position decline when they return, particularly if they join a “particularly unbranded firm”, according to Ms Steele. Additionally, interviews at top firms in the US or London tend to be far more challenging than domestic interviews, as previously reported by Lawyers Weekly. But despite this, Mr Gotch insisted that a move overseas offers lawyers “far more pros than cons”.

“They have opportunities to work on world-leading matters at the premier global law firms, learn from the sharpest legal minds in the business, potentially triple their salary and enjoy the culture and lifestyle of a new city,” he said.

Additionally, a move overseas means stepping out of your comfort zone and exposure to often bigger cases — and at least for the next few years, cities like Sydney and Melbourne will continue to have roles available, Mr Shah emphasised.

“We’re finding it harder to attract talent from overseas here at the moment than we used to before. It’s not as appealing as it used to be here because [of] the way Australia shut down its borders; there’s a lot of hesitation to come here. A lot of European lawyers are making the move to Canada or America, whereas before, they would make the move out here,” he said.

“With the talent shortages, even if you do make that move overseas for a couple of years, there’s always going to be a role for you back in Sydney when you come back. I don’t see the talent shortages being solved anytime soon. And it can only be a positive at this stage.”


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Top legal recruiter, Alex Gotch of Beacon Legal, discusses why Aussie lawyers continue to relocate to London and the US

At the start of September last year, the “Big 6” Australian law firms had 76 job vacancies advertised in Sydney alone. That’s an all-time high and a symptom of a significant problem and talent shortage currently facing the Australian legal market.

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Choosing a practice area

For mid-level lawyers, choosing a practice area to specialise in is an important part of career growth. This is something Ms Steele said needs to happen earlier rather than later to mitigate risks of consequently slowing down one’s career.

“In our experience, lawyers need to pick their niche in the first one [to] three years of practice; otherwise, we often see the need for a step back in title or salary if a change is sought from three [years] PQE onwards. It is absolutely fine to keep specialising in a chosen practice area beyond that time, for example, transitioning from general corporate to public M&A over time, or a specific banking or insurance stream, but a lawyer would really need to have ‘picked a lane’ by three years,” she explained.

“We tell candidates to start thinking about the work they are doing as soon as possible, decide what specific work they like to do, and seek out that work at their current firm or move to a firm where they can get that work.”

Mr Shah has spoken to numerous lawyers who made the wrong choice — and said that choosing an area of law to specialise in results in a “crucial moment” for more junior lawyers.

“The biggest decision they make is choosing the right specialty. So, a lot of advice we give candidates before making these choices is to speak to other partners in other firms on what careers in those areas look like. But the other difficulty is a lot of partners in other firms or senior associates in other firms don’t have the time to give this advice,” he said. “And it’s really hard because they’re pressured by their current firms to make decisions as well. And if they make a move, there’s a lot of career regression, if they don’t make the right choice [and want to change].”

While some law firms will help and direct lawyers into areas of interest to them, if firms have a lot of work in a specific area, some will push lawyers into those areas if they need resources — something which Mr Shah said can have a detrimental effect, both on the firm and the lawyer.

“Because there’s such a massive talent shortage right now, in the market, firms are more than ever dictating where you and what area of law you’re going to practice. And that might not be the area of law that the lawyer’s passionate about,” he added. “This is where we start to see exits, and people resigning and within, you know, six months or a year of being into that new area of law, because that lawyer was never passionate about that area. My advice to both firms and lawyers would be to sit down and have an open conversation and not just look at the immediate need by looking at the long-term solution because that way, you’re going to retain that lawyer longer.”

Choosing a practice area that relates to a lawyer’s passions and interests should come above all else, agreed Mr Schontag.

“That’s the best place to start. Whether it’s helping people resolve issues and being a family lawyer, or being close to the changes that affect the environment and doing environment and planning work, there’s something for everyone,” he noted.

“The best lawyers are the ones that are the happiest and most passionate about their area.”

“Because there’s such a massive talent shortage right now, in the market, firms are more than ever dictating where you and what area of law you’re going to practice. And that might not be the area of law that the lawyer’s passionate about.”
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