Detour or Destination? South Carolina Attorneys Thriving in Nontraditional Careers, 0319 SCBJ, SC Lawyer, March 2019, #40

AuthorBy Stinson Woodward Ferguson
PositionVol. 30 Issue 5 Pg. 40

Detour Or. Destination? South Carolina Attorneys Thriving In Nontraditional Careers

Vol. 30 Issue 5 Pg. 40

South Carolina BAR Journal

March, 2019

By Stinson Woodward Ferguson

The tradition of going to work for a law firm after law school is becoming increasingly nontraditional. University of South Carolina School of Law ("USC Law") reports that the number of law school graduates going into business and industry has increased since 2011 (following national trends), and now accounts "nationally for almost a fifth of first jobs for law school graduates.1 Jobs for which a JD degree is preferred, but licensure as an attorney is not required, are often first choices for law graduates."2

The Charleston School of Law reports that of its 81 employed 2017 graduates, 27 transitioned immediately into jobs that did not require bar exam passage.3 While 42 of the 81 transitioned to law firms, 20 transitioned to business and industry, 10 to government, two to public interest, five to clerkships, and two to education.4 U.S.C. Law reports that of its 184 employed 2017 graduates, 35 transitioned immediately into jobs that did not require bar exam passage.[5] While 71 of the 184 transitioned to law firms, 32 transitioned to business and industry, 28 to government, two to public interest, 48 to clerkships, and three to education.6

Some attribute this trend to factors like economic uncertainty, increased access to information and job opportunities, and fear of burnout. But South Carolina lawyers have been actively seeking and thriving in nontraditional careers for some time. South Carolina is home to many attorneys in non-traditional careers who remain engaged in the legal community, recognize the value of their legal training, and put to good use skills and knowledge gained through law school and previous employment.

Opting for the alternative

While traditional practice remains the foundation of the SC Bar, the legal landscape has never been homogenous and continues to evolve. Anne Ellefson, former SC Bar president and the first female to serve as managing partner of a law firm with over 100 attorneys, currently serves as deputy general counsel for Academics and Community Affairs for Prisma Health [formerly Greenville Health System ("GHS")].7 When Ellefson accepted an offer to practice at Haynsworth Sinkler Boyd, she stayed for 35 years thinking she would never leave.8

She was planning to return to her real estate practice after stepping down from managing partner when approached by GHS to take on a newly-created role in healthcare.9 Despite Ellefson's insistence that she knew nothing about healthcare law, she was assured that she had great management skills and "could learn it all."10 "I did some due diligence, talked it over with my husband, and accepted,"11 Ellefson says. "I wasn't quite clear on what I would be doing but it sounded fun."12

Marjorie Palmer Cleary is the government relations associate for the Nature Conservancy in Columbia, whose mission is to "protect the lands and waters on which all life depends."13 Cleary's work involves regular meetings and relationship building with groups like land trusts, resource coalitions, conservation banks and volunteers; science-based research; and federal priorities.14 Cleary took the bar exam with an eye toward environmental policy and conservation.[15] She reached out to the Nature Conservancy and started working on miscellaneous projects with the government relations staff.16 When a paid policy and coalition building opportunity arose, she was hired on a temporary basis in 2010, and has worked in this role ever since.17

Susan Hills Nelson, director of HIPAA Compliance in the Office of General Counsel for the University of South Carolina, worked as a paralegal before going to law school.[18] After law school and an appellate clerkship, she worked in private practice, for the S.C. Department of Health and Environmental Control on healthcare regulation, and briefly at the SC Bar before landing at USC.19 In her current role, Nelson offers regulatory guidance to all eight U.S.C. campuses in addition to "whatever matters the chief general counsel gives me to handle."20

Tigerron "Tiger" Wells is the director of Governmental Affairs for the Municipal Association of South Carolina ("MASC"),21 where he leads advocacy efforts on behalf of the state's 271 municipalities before the General Assembly22 Wells describes his career path as "a winding road guided by a desire to discover purpose, and shaped by divine intervention along the way"23 Wells worked in private practice for years - even earning shareholder status -before accepting an offer to join the MASC as its government affairs liaison.24 After serving in that role for five years, he was promoted to his current role.[25] While in private practice, Wells worked in pharmaceutical and medical device defense and on public finance transactions.26

Jennifer Olmert is the executive director of Upstate Mediation Center ("UMC"), "a community based non-profit organization providing high-quality, affordable mediation services to individuals, families, and businesses in conflict in the Upstate of South Carolina."27 Prior to Upstate Mediation, Olmert worked in private practice, as a staff attorney at the South Carolina Supreme Court, for the Court of Appeals, and then took time off to focus on her growing family28 When she decided to re-enter the workforce, she had longstanding relationships with many in the non-profit sector, but needed help determining which organization might be a good fit for her.[29] A friend recommended that she consider UMC.30

Kim Kent is a founder of Copper Dome Strategies, LLC,31 a government relations and lobbying business, and has recently found herself at the helm of Kentwool,32 her late husband's family business with interests in textiles, real estate and retail.33 Kent partnered with other professionals - including one other attorney - to launch Copper Dome, which is now housed as a subsidiary of a law firm.34

D. Hope Watson is a staff attorney at The Center For Heirs' Property Preservation, a non-profit organization that "protects heirs' property and promotes its sustainable use to provide increased economic benefit to historically under-served families."[35] Watson describes her journey to her current role as a "long and winding road."36 She first worked at the Center as a student intern but transitioned to law school recruitment immediately after graduation.37 When an outreach coordinator position became available at the Center, she rejoined as a staff member.38 In this role, she helped plan events, facilitated seminars and networked.39 When a grant enabled the Center to expand, she transitioned from outreach to a full-time staff attorney and remains so today40

Nicole Cuadrado recently transitioned from private practice to in-house associate counsel for Regional Management Corp., a consumer finance company41 Cuadrado works primarily with the human resources and compliance departments on regulatory, employment, legal, financial, and operational policy and issues.42 She reviews commercial contracts and leases and oversees vendor relationships.[43]

I.S. Leevy Johnson, the first African-American president of the SC Bar, comes from a multi-generational family of funeral directors.44 In 1968 - the same year he graduated from law school, passed the bar exam and married -Johnson's grandfather (then-owner of the family business) died.45 This motivated Johnson to establish a solo private practice to ensure a stable future.46 He founded his own law firm, which is now known as Johnson, Toal, & Battiste, P.A. in Columbia - the first law firm in the state to be racially integrated at the partner level.47 In 1995, Johnson bought the family funeral home, but his son Chris handles its daily management.48 His oldest son George is managing shareholder of the law firm, is also a licensed funeral director, and serves as the attorney for the South Carolina Morticians Association.49

A typical day is atypical

A common thread among attorneys in nontraditional careers is that there is no typical day. For Nelson, no two days are alike in her current role.50 Kent shares: "Every single day has been different.[51] I sometimes find myself in Greenville starting at the Kentwool headquarters sorting through issues related to our corporate real estate holdings, then holding conference calls with government affairs clients and preparing for the legislative session. I may hang up the phone and head to Pickens where our manufacturing facility is located to discuss the wool market, trade issues and workforce challenges. Then I may wrap up the day in the Copper Dome Strategies space to confer with my partners on client matters or make calls to legislators to catch up on the latest maneuvering at the statehouse."52

Watson shares: "No day really feels typical - I can end up spending most of the day networking or securing an event location. Some days I meet with clients from 8:30 to 5:30 and then must stay late for an outreach event. We offer things at times that are convenient for the community - in addition to our 40 hours in the office."53 Watson spends a lot of time on the phone. Time to sit and draft is scarce, but she enjoys testing her "firefighting skills."54 At any given time, a client, community member, donor, or board member will call with a question and she is expected to respond.55

Wells also enjoys the unpredictability: "The great thing about my role is that there really is no typical day. In short, the legislative offseason is in many ways a season of asking questions, formulating and where possible, implementing solutions. Just before most of us depart for the winter holidays, legislators begin prefiling legislation for the next year's legislative session, which begins in January. Days are spent reaching out to legislators and stakeholders on various issues. You do a lot of talking, but probably more listening in an attempt to understand where the various parties are coming from. It is a pretty cool thing to see something people have toiled on for sometimes multiple years appear to suddenly come into focus."[56] Ellefson also has no typical day at Prisma Health: "Some days are calmer than others. Not that you don't work hard - the stress is just a different kind of stress."57

Nontraditional benefits and challenges

One of the challenges Watson faces is trying to explain that the Center isn't a law firm - it's a non-profit - so they can't take any and every case.58 They have guidelines that they have to follow based on mandate and mission: "Even if you have an heirs' property issue - if your goal isn't in line with our mission, we cannot accept you."59 Wells appreciates the freedom of a non-billable environment: "The greatest thing about my current role is that I get to work with smart people to solve problems, and I never have to send anyone a bill. My value is determined not by how much money I bring in for my organization, but by how much value I bring through the services I provide to municipalities, to my colleagues within the organization, and to stakeholders connected to the issues upon which we engage. Being a part of such an uninhibited collaborative process is exhilarating."[60]

Ellefson recognized early on after she transitioned to a nontraditional role that a benefit for her was not having to record her time: "I was trying to learn and figure something out and realized that I had the luxury of taking my time."61 She describes the time after she first transitioned as "like drinking from an ocean. There are lots of acronyms in healthcare industry, but it's amazing how quickly you learn."[62] Cuadrado acknowledges a steep learning curve post-transition from private practice, but appreciates that now rather than having a single specialty, her work has expanded to include several additional areas: "I am exposed to the business side of decision-making and work with a variety of departments."63 For Kent, there have been no cons to a nontraditional career: "Perhaps I find it difficult to find relevant CLE seminars to attend to keep my hours up - that's it."64

No skills wasted

Like in her current role, Cuadrado also dealt with employment and business law while in private practice.65 Her decision to transition in-house was based in part on the realization that she could "do what I love but also learn the business implications of my legal advice and counsel."66 Watson attributes her ability to succeed in a nontraditional role to becoming an attorney at an older age.67 She points to her 20 plus years spent in non-legal work: active military, academia, customer service, and manufacturing.68 "Communication is the largest thing we struggle with, and this is something I had a great deal of prior experience with by the time I got to the Center," Watson says. "Having worked in other areas and having taught helps me recognize when I need to slow down or use a different set of language skills."69

Olmert views UMC as a perfect fit for her: "I like talking with people from all walks of life and feel like I am changing the world for the better."70 Because most everything UMC does involves legal work to varying extent, Olmert is constantly addressing questions about policy or rules or offering guidance to volunteer mediators: "There are three employees, but we have 75 or so volunteers, most of whom are attorneys. I am always keeping up with anything mediation-related. I am always trying to recruit people to become mediators and volunteers. I am always here in case something falls through or a volunteer can't make it to step in and do a mediation at any time."71 Olmert also oversees the UMC board and subcommittees, plans events, hosts at least four CLEs every year for volunteers and local attorneys, supports the UMC coordinator, works with their CPA, and manages UMC's grants.72

Johnson emphasizes that skills gained through his law degree are transferable to all of his work -both traditional and nontraditional: "I think my legal knowledge gave me a keen ability to have an analytical mind. I have the good fortune of being able to look at situations and analyze them in unique ways. The practice of law also gives you a skill for developing ideas and exercising judgment. These skills have benefitted me in the legal and funeral home professions."73

Cleary emphasizes the value of her law degree in her current career: "A law degree teaches you to look at things from all different perspectives, which is helpful when you are trying to build relationships with people with different points of view. It also equips you to communicate persuasively"74 Cleary's workload is diverse: "It's not purely advocacy. I also identify where there are policy gaps or opportunities to advance."75 Cleary works with U.S.C. students and U.S.C. environmental law clinic students.[76] She is often asked if going to law school is a prerequisite for what she does.77 She tells them "not necessarily, but a law degree allows you to understand the power of language and how that can have some unintended consequences and create opportunities."[78]

Wells' experience and time spent as a bond lawyer for counties, school boards and cities is what ultimately put him on the Municipal Association's radar.79 As an attorney who has argued cases in state and federal court and negotiated the resolution of numerous matters between adverse parties, Wells recognizes that the skills and abilities he developed over a decade of legal practice benefit him daily[80] "Perhaps most importantly, as a lawyer you possess and are experienced in the use of an algorithm for analysis that works in just about any circumstance -the almighty IRAAC," Wells says.81 "That basic legal writing algorithm has helped me sort through issues more times than I can count."82

Cuadrado finds that her legal knowledge is especially useful in ascertaining risks for litigation matters, advising on settlement and bankruptcy, and human resource issues.83 Kent has utilized her legal education to benefit clients and perform her job functions throughout her nontraditional career: "The most valuable thing I learned in law school was where to look for the answer. I spend a lot of time in my government relations practice on legislation - reading it, drafting it, researching it. Knowing where (or sometimes how) to find the answer is the critical piece."84

Nontraditional but not isolated

Many attorneys in nontraditional roles remain in contact with and connected to colleagues working in traditional roles. In fact, doing so is part of Watson's job: "We do free wills clinics. We invite local private attorneys, and they do wills for free. We keep in touch with the volunteers a lot. We do some major fundraising events - at least two every year. Some of our supporters are our volunteers' firms or companies' representatives."85 Kent says she does keep up with her attorney colleagues but is "closest to those who like me sought a career in a different industry."86 Nelson has many U.S.C. coworkers who are licensed attorneys not currently practicing law.87

Johnson keeps in contact with colleagues in both the funeral and legal professions but spends most of his days at his law office after a daily staff meeting at the funeral home.88 He makes appearances at funerals - striving to be visible at some stage of the process for every family they serve.89 He communicates with the funeral home via email, text and telephone throughout the day about operations.90 Wells is "still very much connected" to his colleagues in more traditional practice and in many ways feels like he still practices law: "I just moved a little closer to the beginning of the process - assisting in the creation rather than the application of the law."91 Ellefson also keeps in close touch with her colleagues working in more traditional roles. Her former law firm does work for Prisma Health.92 She also maintains relationships with friends and colleagues from her years in private practice.93 Olmert is passionate about remaining connected to her local and state bars and her attorney colleagues: "I love that I'm also still in the legal community; still going to Greenville Bar events.94 1 love lawyers - they're my people."95

The road increasingly traveled

Nelson went to law school at the urging of her mother.[96] After majoring in biological science, Watson served five years active duty in the Army and worked in a few other roles before returning to school to get her Master of Literature.97 While working as an English teacher, a mentor recommended she consider law school.[98] Reluctantly, she followed the advice and entered law school focused on IP law.99

Wells majored in math after abandoning his original plan to major in physics and pursue architecture.100 He worked briefly as a stacker and cashier before landing a position supervising sales for The State newspaper.101 Wells took the job at The State with the goal of eventually attending law school and practicing sports and entertainment law in Atlanta - motivated by a deep desire to "develop a reputation as a lawyer athletes or artists could trust to look out for their best interest."102

Ellefson majored in English and "had no idea what I wanted to do" when she ran into a lawyer from Columbia who "said I should explore the concept of working as a paralegal - a new concept at the time."[103] After working as a law firm runner for a summer in Greenville, her boss suggested that she "shouldn't just be a paralegal, I should be a lawyer."104 This surprised her because at the time "women didn't do that too much."105 She took the approach that "if at any point it didn't seem comfortable or a good fit, I could quit."106

Johnson had "no intention of becoming a lawyer" when he was in high school and "had no intention to practice" law after graduating law school in 1968: "My ambition was, in high school, to be a mortician...! was the grandchild selected to come live with my grandparents at their funeral home."107 Although Johnson obtained a mortuary science degree and a bachelor's in business, he realized he "could be more effective as a businessman if I went to law school."108

Cleary majored in political science and environmental studies with the intention to work in conservation and/or public policy. She went to law school to expand her education and "potentially do something a little different."109 While in law school, she took advantage of opportunities in clinics, practicums, and with land trusts and realized she could charge a nontraditional path out of law school.110

Olmert majored in psychology111 She described what she wanted to do with her life and what she was interested in and was informed that she was describing being a lobbyist: "I was telling [a professor] I wanted to be passionate about something and get others on board. When he said I was describing lobbying, I asked what that was."112 After taking the LSAT, Olmert decided to pursue law school in lieu of lobbying.113 Although Olmert loved law school, she never went intending to practice law.[114]

Cuadrado's undergraduate majors were history and political science.115 She went to law school with the intention of doing something more traditional.[116] Kent majored in political science and minored in English.117 She attended law school with the intention to litigate.118 After clerking at a law firm during a law school, she realized that while she enjoyed case prep, briefing and oral argument, she needed to "find a way to scratch that itch through involvement in the legislative process on behalf of clients."[119] After law school, Kent immediately began her career in government relations and public policy120

Alternative outcomes: Looking forward

Ellefson loves her nontraditional work although she couldn't have predicted it: "If you'd told me 5.5 years ago Id be in this position, Id say you were crazy. Never say never. I thought Id be in the same place forever."[121] Wells shares similar sentiments: "Life doesn't always work out the way you think it will, especially when you are willing to step away from what seems like security to really go after a dream. For me, this move has been the best decision I have ever made. But it was also a decision that was made at the right time for me. I wouldn't take back any experience, good or bad, that led me to this point."122

Watson is "getting some good feedback from law students. Once they meet us and learn about the work we do - they're considering it more."123 Kent thinks the market will continue to motivate more attorneys to pursue nontraditional careers: "certainly more so than when I finished law school 18 years ago."124 In Cleary's opinion, "nowadays it's more deliberate. It's not just people jumping ship. It's another way to use your education."[125] Cuadrado recognizes many other corporate roles that should or could be filled by attorneys with expertise in areas such as regulatory and employment.126

Across South Carolina, 2019 is shaping up as a hallmark year for attorneys in nontraditional careers. The immediate past-president of the Greenville County Bar transitioned from private practice and is thriving doing public interest work.127 The president of the Charleston County Bar works in academia.128 The president of the Richland County Bar works in the benefits industry.129 The president of the SC Women Lawyers Association works in government.[130] Those referenced here and many more have blazed attractive trails for those who will follow. Though the extent may be debatable, it is undeniable that the legal profession will increasingly include and should embrace nontraditional careers.

Stinson Woodward Ferguson is an associate attorney at the Southern Environmental Law Center in Charleston and a licensed funeral director for the J.W. Woodward Funeral Home, Inc.


Notes:

[1] University of South Carolina School of Law, Employment Information, available at https://www.sc.edu/study/colleges_ schools/law/careers/employment_information/index.php.

[2] Id.

[3] ABA Section of Legal Education and Admissions to the Bar, Charleston School of Law, Employment Summary for 2017 Graduates, available at http://charlestonlaw.edu/wp-content/uploads/2018/Career%20 Services/EmploymentSummary2017.pdf

[4] Id.

[5] ABA Section of Legal Education and Admissions to the Bar, University of South Carolina School of Law, Employment Summary for 2017 Graduates, available athttps://www. sc.edu/study/colleges_schoolsAaw/docs/ employment summary_2017_graduates.pdf

[6] Id.

[7] Greenville Health System, Administration, https://hsc.ghs.org/administration/ (last visited Dec. 27,2018).

[8] Interview with Anne Ellefson, Deputy General Counsel for Academics and Community Affairs, Prisma Health (Dec. 12, 2018).

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] The Nature Conservancy, https://www. nature.org/en-us/about-us/who-we-are/.

[14] Interview with Marjorie Palmer Geary Government Relations Associate, Nature Conservancy (Dec. 8, 2018).

[15] Id.

[16] Id.

[17] Id.

[18] Interview with Susan Hills Nelson, HIPAA Compliance in the Office of General Counsel, University of South Carolina (Dec. 20, 2018).

[19] Id.

[20] Id.

[21] Municipal Association of South Carolina, http://www.masc.se/.

[22] Interview with Tigerron "Tiger" Wells, Director of Governmental Affairs, Municipal Association of South Carolina (Jan. 12, 2019).

[23] Id.

[24] Id.

[25] Id.

[26] Id.

[27] Upstate Mediation Center, http://upstate-mediation.com/

[28] Interview with Jennifer Olmert, Executive Director, Upstate Mediation Center (Dec. 13, 2018).

[29] Id.

[30] Id.

[31] Copper Dome Strategies, LLC, A Subsidiary of Haynsworth Sinkler Boyd, PA., http:// hsbcopperdome.com/.

[32] Kentwool, https://www.kentwool.com/.

[33] Interview with Kim Kent, Founder, Copper Dome Stratgeies (Dec. 13, 2018).

[34] Id.

[35] The Center For Heirs' Property Preservation, https://www.heirsproperty.org/who-we-are/.

[36] Interview with D Hope Watson, Staff Attorney, The Center For Heirs' Property Preservation (Dec. 17, 2018).

[37] Id.

[38] Id.

[39] Id.

[40] Id.

[41] Regional Management Corp, http://www. regionalmanagement.com/phoenix.zhtm-l?c=246622&p=irol-IRHome

[42] Interview with Nicole Cuadrado, In-House Associate Counsel, Regional Management Corp (Dec. 19, 2018).

[43] Id.

[44] Interview with I.S. Leevy Johnson, Partner, Johnson, Toal, & Battiste, PA (Dec. 13, 2018).

[45] Id.

[46] Id.

[47] Id.

[48] Id.

[49] Id.

[50] Nelson, supra note 19.

[51] Kent, supra note 32.

[52] Id.

[53] Watson, supra note 37.

[54] Id.

[55] Id.

[56] Wells, supra note 23.

[57] Ellefson, supra note 9.

[58] Watson, supra note 37.

[59] Id.

[60] Wells, supra note 23.

[61] Ellefson, supra note 9.

[62] Id.

[63] Cuadrado, supra note 43.

[64] Kent, supra note 32.

[65] Cuadrado, supra note 43.

[66] Id.

[67] Watson, supra note 37.

[68] Id.

[69] Id.

[70] Olmert, supra note 29.

[71] Id.

[72] Id.

[73] Johnson, supra note 45.

[74] Cleary supra note 15.

[75] Id.

[76] Id.

[77] Id.

[78] Id.

[79] Wells, supra note 23.

[80] Wells, supra note 23.

[81] Id.

[82] Id.

[83] Cuadrado, supra note 43.

[84] Kent, supra note 32.

[85] Watson, supra note 37.

[86] Kent, supra note 32.

[87] Nelson, supra note 19.

[88] Johnson, supra note 45.

[89] Id.

[90] Id.

[91] Wells, supra note 23.

[92] Ellefson, supra note 9.

[93] Id.

[94] Olmert, supra note 29.

[95] Id.

[96] Nelson, supra note 19.

[97] Watson, supra note 37.

[98] Id.

[99]

Id.

[100] Wells, supra note 23.

[101] Id.

[102] Id.

[103] Ellefson, supra note 9.

[104] Id.

[105] Id.

[106] Id.

[107] Johnson, supra note 45.

[108] Id.

[109] Cleary, supra note 15.

[110] Id.

[111] Olmert, supra note 29.

[112] Id.

[113] Id.

[114] Id.

[115] Cuadrado, supra note 43.

[116] Id.

[117] Kent, supra note 32.

[118] Id.

[119] Id.

[120] Id.

[121] Ellefson, supra note 9.

[122] Wells, supra note 23.

[123] Watson, supra note 37.

[124] Kent, supra note 32.

[125] Cleary, supra note 15.

[126] Cuadrado, supra note 43.

[127] Greenville County Bar Association, Officers, https://www.greenvillebar.org/ about-us/#current-officers.

[128] Charleston County Bar Association, Executive Committee, http://charlestoncountybar.org/the-ccba/executive-committee/.

[129] Richland County Bar Association, Executive Committee, http://richbar.org/executive-committee/.

[130] South Carolina Women Lawyers Association, Board of Directors, https://www. scwla.org/bod.php.

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