Litigation Associates: Are You Nearing the End of Your Marketable Window?

We speak with litigation associates who check every box. They graduated from a top law school. They clerked for a federal judge. They’re at a highly ranked Vault firm. By all traditional measures, they should be highly competitive lateral candidates. However, they’re not getting traction.

What most of these associates don’t realize is that the lateral market for Big Law litigation roles operates on a timeline that many never see coming. Specifically, litigation associates are at peak marketability between their second and fourth years. After the fifth year, that window closes.

Why Is the Market So Harsh on Senior Litigators?

Unlike corporate groups, litigation practices don’t experience the same level of attrition. Corporate associates often leave Big Law for in-house roles by their fourth or fifth year, which creates consistent demand for mid-level and senior corporate attorneys.

Litigators, on the other hand, rarely go in-house. When they do, it’s often for niche roles or after transitioning into areas like compliance, investigations, or regulatory work. That means Big Law litigation groups tend to stay top-heavy, with fewer departures at the mid and senior levels. As a result, firms become increasingly hesitant to add more experienced litigators unless they’re filling a very specific need or gap.

Does This Impact All Litigators?

This mainly applies to litigation generalists, particularly those in complex commercial litigation. These associates may have excellent trial exposure, strong writing skills, and meaningful responsibilities, but that isn’t always enough to justify a lateral hire past the fifth year.

There are some exceptions. Associates with specialized experience, such as labor and employment, white-collar, appellate, or niche regulatory litigation, may continue to find lateral opportunities beyond the fifth year. However, for most commercial litigators, the clock is ticking much faster than they realize.

What Does This Mean for Your Career?

If you’re a commercial litigator in Big Law and you don’t see a clear path to partnership, long-term growth, or sustained mentorship where you are now, even if your firm is “fine” for the moment, you should seriously consider making a move before you reach your fifth year. Once you are a fifth-year associate, the market starts to shrink dramatically, and firms become far more selective.

Lateraling isn’t just about escaping a bad environment. Sometimes, it’s about staying in control of your long-term options. If you wait too long, even an impressive resume might not be enough to open doors.

Bottom Line

If you’re in your second, third, or fourth year as a Big Law litigator, this is your prime window to lateral. After this window, making a similar move to a peer firm becomes significantly more difficult.

Don’t let a “decent” situation today prevent you from making a strategic decision for your future.