Thinking outside the law firm box

Growing up, Brittany Ennis dreamt of a career in law. 

She knew the impact lawyers could have, as they had helped her parents adopt her from a Chinese orphanage. So she worked hard, got accepted to law school, graduated in 2023 and landed an articling position at a mid-sized firm. 

Then she realized that private practice wasn’t quite what she’d imagined. 

“I have friends who work on Bay Street, and they absolutely love it. But for me, it just didn’t seem to be necessarily the right fit,” she says.

While she enjoyed the mentorship she’d received during stints in municipal legal services, she didn’t feel passionate about bylaws.

“I wanted to work in an area that I was genuinely interested in. And I wanted to work for someone who was really able to offer mentorship and help me grow in that position.”

After months of soul-searching and job hunting, Ennis took an in-house position at McKellar Structured Settlements in Guelph, Ontario. The company, which facilitates annuities for personal injury victims, provided the meaningful work and supportive environment she was looking for. 

Ennis’ story isn’t unique. According to the U.S.-based National Association for Law Placement, more than a third of 2023 law school grads are pursuing a career outside private practice. Meanwhile, many of those who enter private practice don’t stay.

What’s behind law firm exits

Queen’s University sociologist Fiona Kay has delved into the numbers. According to a 27-year longitudinal survey of Ontario lawyers called to the bar between 1975 and 1990, many young lawyers move from one firm to another during their first few years of practice as they search for the best career prospects. 

However, she was surprised to discover the outflow to government and in-house positions, and the fact that it continued even once lawyers were firmly established on the partner track. 

“We see people moving 12, 15 years into their career to other sectors,” Kay says.

There’s also a striking gender difference, with more women than men exiting earlier and in greater numbers. The most recent stats from the Law Society of Ontario reveal that just 47 per cent of female lawyers work in private practice, compared to 65 per cent of their male peers. 

Kay speculates some of that exodus is driven by the desire for greater control over the hours they work, regardless of whether or not they have children. Although government and in-house positions can be just as demanding as private practice, they typically provide more predictability and less pressure to be on call 24/7. That’s perhaps why the data shows that firms offering flexibility saw fewer lawyers leave.

She also points to the subtle discrimination many women continue to encounter as law firm associates. 

“They’ll often describe it not as being explicitly denied work by a colleague or a client, just not getting access to those stretch assignments,” Kay says.

Then there’s the grind culture that characterizes many firms, with constant pressure to bring in clients and hit billable targets. A 2022 CBA report on wellness in the legal profession revealed that lawyers in private practice experience the highest rates of burnout, especially if they are women, racialized minorities, lawyers with disabilities, or members of the LGBTQ2S+ community. 

Ready for the next chapter

However, many lawyers leaving law firms aren’t exiting because they’re unhappy.

“I think it’s a natural progression for a lot of people,” says legal recruiter Randi Bean, who founded Life After Law in 2000 to focus specifically on non-traditional legal careers. 

She notes that young grads often start in private practice to gain a few years of experience before shifting gears to an in-house position, the legal tech sector, labour relations or a host of other legal-adjacent fields. 

They might be looking for the opportunity to shape public policies, the team mentality that a business environment offers, or the rollercoaster thrills of the startup world. 

“I know people who have started so many different types of businesses using their legal backgrounds as a jumping off point,” Bean says.

Sometimes, more seasoned lawyers are simply ready for a new challenge. That was Cherolyn Knapp’s motivation after 15 years in civil litigation, including eight years as a partner. 

Advocating for her clients was very rewarding, but she wondered whether she could better serve them by addressing conflicts before they escalated too far. 

“I found myself wishing I could just help solve the disputes,” she says. 

“By the time [people] call the litigation lawyer, they’re often quite firmly entrenched in their positions.”  

So in 2019, after training as a mediator, she set up a conflict resolution practice focused on workplace issues. And in many ways, her work hasn’t changed. She’s still running a firm, hustling to bring in business and working long hours, and she’s still a member of the bar.

“I am a lawyer,” she says. 

“And yet the thing that I’m doing is different.”

Finding the right fit

Different is good, says Bean. 

“When I started the company so many years ago, people couldn’t wrap their heads around the idea of being lawyers doing something else,” she says. 

“Thankfully, that has changed. And there’s so many different ways that lawyers can use their legal training.”

Ennis, who is creating a podcast on legal careers, agrees. 

“I think the culture is changing a lot. It used to be very much that you article at a firm, you become an associate, you work your way up, and you become a partner,” she says.

“But the partner path isn’t necessarily where everyone is leaning towards now. I think there are a lot more options available that we just don’t necessarily talk about as much in law school.”