Being somewhat of a generalist has helped me tremendously in my career. For the first 6 years or so, I only litigated commercial and IP cases. For the last 15 or so, however, I've handled dozens of deals and litigated cases around the country. Being a litigator has made me a much better transactional lawyer, and handling transactions (particularly understanding how stock is initially issued, valued, and ultimately handled upon a Liquidity Event, and also how to file a copyright or tm application) has been super helpful while litigating cases (especially in depositions). As has long been the case, most lawyers are discouraged from doing both litigation and transactional work when they get out of law school, and I think some people should reconsider that guidance. At the end of the day, lawyers are hired to solve problems, and that problem might not be neatly presented within the context of filing a Complaint in federal court or drafting a SPA. Often times, these documents are the result of lengthy discussions and counseling that considers a variety of approaches. For example, the last time I had a dispute around a convertible note, the opposing lawyer - a capable litigator - had never encountered the concept of a convertible note or a SAFE. They did a good job of learning what the provisions meant, but with no practical experience negotiating these types of deals, we were able to get the admissions we needed pretty quickly and without resistance. And on the transactional side, we're able to cut to the chase pretty quickly on most issues because, as we just learned in one recent M+A deal, what might be seen as "off market" or left of center for a transactional lawyer might be just fine to a litigator who knows that there's no way that issue would be actually litigated to a negative outcome for the client. Have you mixed + matched practice areas? How has that helped you in your practice? #lawyersforinnovators ------------------------------ Artwork Courtesy of Antonia Wright A part of Making Miami, presented by Jayaram Law Art Basel Miami Beach, 2023
Jefferey Katz
1mo
I stay in a very narrow lane. I love it and it works for me. But law isn’t one size fits all. I know lots of people who love being in a more general practice.
Frank Poe
1mo
i litigated for around 8 years prior to coming over to the transactional side of the business (and now i am back to some litigation)... there are so many incredible analogous scenarios from other practice areas that you can apply to your current business or area...tools that would not be available to someone who siloed into a niche their whole career
Using lessons learned in litigation has been tremendously helpful in drafting/negotiating contracts for clients. Not only has it helped identify the most problematic provisions to pay attention to, flag, and revise for clients, it's also revealed when terms have not readily identifiable legal meaning (like "best efforts") and are not easily enforceable. Contract litigation experience not only helps advise clients more intelligently, it helps give them comfort that they can exit a relationship as easily as they started it.
Brandon J. Anand
1mo
Agreed 💯. Knowing how a dispute proceeds through the court system provides transactional attorneys with a huge advantage. As you mention, it can save time in knowing what actually matters and what doesn’t . I’ve been involved in a few practice areas that seem so different at first glance, but there’s usually more overlap than not. As just one example, bankruptcy seems to be such a niche, but of course businesses always go through life cycles, and knowledge of the bankruptcy/ reorganization process can be super helpful on the corporate/transactional side.
I completely agree. I spent my first few years in commercial litigation, then went to labor and employment, then went in-house where I did a bit of everything including privacy, compliance, environmental, governance, and looked at a bunch of supply chain contracts. It has made me a much more well-rounded lawyer and professor.
Joe Yamin
1mo
100% agree. Litigation experience provides a massive skill advantage to transactional work because you can anticipate the potholes. I litigated cases with Vivek (both with and against) and he is a formidable talent.
Amir Kashdaran
1mo
Vivek Jayaram, you are on point. Having the ability to assess an issue from different angles from your mixed practice experience brings a lot of value to the table. I can say the same in my tech and privacy practice.
General Counsel @ ACTIVE + President @ VapeSAFER | Strategic Advisor Navigating Uncharted Waters
1moAgree, it is a massive advantage to have worked across many practice areas. Clients will always need specialists because the world and the law are insanely complex. But the best counsel will usually come from generalists because they can make connections between varying experts’ inputs and balance competing considerations, leading to better decisions.