Hi Forum,

I've been in private practice for almost 4 years. During this time I've handled just about every kind of legal matter. But I've found a particular affinity when it comes to criminal law, and I can't stop thinking about becoming a prosecutor.

Over the past year or so, I've applied to different available positions (even entry-level positions), but I've had no luck. Seeking advice.

I've been told that it can be somewhat political. For example, you have to know someone, or you have to have interned with that particular office. I've also learned that, in many cases, the government posts the job as a matter of procedure even though the office already has chosen someone to fill the position as soon as the posting requirements are met. Anyway, if that's the case, what is the best way to get to know people in hiring positions at DA offices?

I've also been told that my private practice experience might reflect poorly on me somehow. Is there any truth to that? How could I present that in a way that helps?

I would appreciate any information or suggestions you might have. I really want to make this happen. Thanks.

I was somewhat in your shoes a few years ago. I did private practice for 21 years with most of my work being in family and criminal. Before that I was a probation officer for 9 years. During my private practice I turned down two offers for a position in the DA's office because of the low salary at that time. Later I accepted an offer to become an assistant county attorney. I lost that due to politics when my county attorney retired and the newly elected CA promised the job to a relative of a political supporter. I too applied for many positions almost all over the state. I was fortunate enough that Sam Oatman decided to take a chance on me. I have enjoyed my position since that time.

Yes, there will be places that who you know may be the influencing factor. I do not believe that having been on the defense side is a negative factor per se because someone who has experience in criminal law that can think from both sides of the box is a plus.

Unfortunately I believe age is a factor although prospective employers have to deny this. Many of your competition will be almost just out of law school with little or no experience. Large city offices will want these people with the idea that they can be molded into what the office wants. Mid-sized to small offices will be looking for the middle aged, more experienced person who is willing to take the lower salary as long as the background suggests that this person is likely to stay for the long-term.

In my situation, I am over 60, if I lost my current position I believe that I will have a hard time because prospective employers will be concerned with the possibility that I will retire in just a few years which for me is not really the case. I like what I am doing and I want to keep doing it for as long as they let me.

My advise is to keep trying. Show your determination. Learn from your interviews. Learn from the internet on how to present yourself during interviews. If you can find out before the interview what the employer's goal is for that position. Find out what you can about the employer himself/herself. Plan on taking an entry-level position and do not price yourself out of the ballpark when the interviewer asks what salary you are looking for.

I applied directly out of law school, and it took me over a year. I interviewed at a dozen different offices before I got hired. Not applied. Actually went to the courthouse and interviewed. I probably applied to 25 or 30 different offices. I hit every end of the state. El Paso, Amarillo, Crockett, and Kingsville. 750 miles E-> W, 670 miles N->S.

Sometimes it just takes a while. These positions are good jobs, with lots of competition. You WILL be entry level, even with 4 years of private experience. You probably have fewer trials that the misdemeanor prosecutors with 4 months experience. I don't believe that the private practice will be a negative for interviewing, but it is probably much less of a positive than you think it is or should be.

Interning helps, especially at the larger offices. Your chances of being hired in Harris or Dallas or Tarrant without having interned there are basically nil. This isn't even necessarily "political." The office already knows what to expect from the work of someone that has interned there and how they fit into the office culture. They don't know what to expect from you.

Also, an internship is a way to actually show employers that you're interested in being a prosecutor, rather than just saying it. It's a huge leg up. Instead, look at the counties just surrounding those larger cities who might not have such a formal program.

There will probably be a good time to apply coming up in January of '17, when a new batch of DAs take office. Some rural offices will turn over completely.

You could consider going to the TDCAA trial skills course on your own, basically on spec and hoping to meet someone there. Unfortunately, the next one is in January, and you'd be committing to a week-long CLE out of your own pocket, with no guarantee of anything working out from it. But, like an internship, it would show seriousness.

Good luck! This is a wonderful profession, and wonderful to be a part of.

quote:

Some rural offices will turn over completely.

Whoa.

What?

How does this work?

I know that a new DA will often change the organizational chart or give a long-time colleague a more prestigious title--but entire offices? Would you elaborate on that a bit?

(And thank you for sharing your other insights.)

It's not uncommon in small, rural offices for a newly-elected official to come in and completely clean house of anyone who worked there prior to his taking the office.

Even big offices can undergo substantial turnover after an administration change. Assistant DAs and CAs are at-will employees. We have to make tough decisions and enforce policies, and not everyone may agree with our decisions. But those people do vote and share their thoughts with other voters and candidates. "That Mr. X down at the DA's office is a big meanie, let me tell you..."

When I got out of law school, despite my past experience as a police dispatcher, probation officer, and having interned in two different DA's office, it took me a long time to get a prosecutor job. Most of the ones I lost out on were given to defense attorneys that already had experience. So it's not your defense work causing you to lose out on jobs. I finally got a position with the City of Corpus Christi, got a little prosecutor experience and was able to find my previous job. I only left the job because my boss lost the election and I refuse to work for his replacement. So even if the DA would keep on staff, many times the staff doesn't want to work for the new DA, as is the case with my previous job. My county only had two attorneys, the DA and me. I'm now looking for another prosecutor position, but I'm limited on location now and that makes it difficult. If you are serious, just keep applying, learning all you can from the prosecutor side of criminal law, and you might look at City Prosecutor positions to get you started.