Spring 2022 Gavel-FINAL | Page 10

Making the Switch : Transitioning law jobs between public and private practice

By Joshua A . Swanson
In the wake of the COVID-19 pandemic , American workers embarked en masse in such a large labor movement that it spurred its own name – the Great Resignation . The term , coined by Texas A & M University business professor Anthony Klotz , was actually his prediction that a significant number of people who wanted to quit their jobs would be jolted into action by the world-changing circumstances accompanying the pandemic . In a recent interview , Klotz told CNBC the decision , in many cases , wasn ’ t tied to job dissatisfaction , but control . “ It ’ s not just about getting another job , or leaving the workforce , it ’ s about taking control of your work and personal life ,” he said .
The legal profession hasn ’ t been immune to this movement . Last September , Bloomberg Law ’ s Attorney Workload & Hours Survey reported , “ one lawyer in 10 is actively seeking outside job opportunities ,” while another 38 % are open to offers outside their current employer . Rather than moving to non-law careers , however , attorneys looking for a change of scenery or new opportunity may be finding greener pastures , or a needed reset , by considering a different law job rather than abandoning the profession entirely .
Not a One-Size-Fits-All Approach
Tim Purdon works for Robins Kaplan in Bismarck . Prior to Robins Kaplan , Purdon was the United States Attorney for the District of North Dakota from 2010 to 2015 . “ I wish more lawyers would recognize you can bounce in and out of public service ,” said Purdon . “ I think it ’ s something we should talk to young lawyers about , that their career path isn ’ t going to be a straight line .”
Finding a firm that allowed him to have a platform to stay involved and continue working on issues he cared about was important to
Joshua A . Swanson is a shareholder at Vogel Law Firm in Fargo , where he practices energy law , construction and property law , and general litigation . Swanson chairs the firm ’ s recruiting committee and serves as a co-chair of Vogel Law Firm ’ s mentoring program . He ’ s originally from Maddock , N . D ., and attended the Creighton University School of Law .
Purdon as he transitioned out of the U . S . Attorney ’ s role . “ I went to a firm that has an aggressive pro bono policy that lets me stay engaged ,” explained Purdon , citing his work for the Spirit Lake and Standing Rock tribes on voter ID laws .
There is no one-size-fits-all approach when making the transition from private to public practice or vice versa . Sometimes an opportunity comes up unexpectedly , like it did for Southeast Judicial District Judge James Hovey . In 2010 , Hovey was in private practice at the Grand Forks firm of Pearson Christensen . “ It came up pretty suddenly , it wasn ’ t something I was seriously considering ,” he said of the judgeship in his hometown of New Rockford . “ Then Judge [ James ] Bekken passed away unexpectedly . There was a vacancy that needed to be filled in my hometown , my parents lived there . I was practicing 14 years and ready to explore something different . We decided it was the right time .”
While there are things about private practice Hovey misses , like talking with his partners about cases and helping clients out of tough situations , he does not miss other aspects of practicing law . “ What I don ’ t miss is the business of the practice of law . It was something I just didn ’ t like , hiring and firing people , partners meetings , billing . I loved being a lawyer , representing people , going to court , but so much time was consumed with the business of the practice , and I don ’ t have to worry about that anymore .”
In rural areas , there are also increased civic expectations for attorneys involved in government work . “ In a rural area , you ’ re expected to volunteer , you ’ re expected to be part of the community and help out ,” said Hovey .
But he cautioned the Code of Judicial Conduct prohibits certain things , like fundraising , so he had to decline an invitation to serve on New Rockford ’ s Community Foundation Board .
Former Magistrate Judge Karen Klein took the opposite route of Hovey , going from the bench to private practice , starting Karen Klein Mediation . “ I was reaching a 30-year anniversary with the court ,” said Klein . “ I really wanted a change of pace and a change of environment . I was ready to be done with some of the routine court proceedings and frankly the discovery disputes that happen in civil cases .”
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