The ArgumentSoon after finishing his studies in 1900, Einstein makes a tactical retreat to the Patent Office in Bern where he develops a plan for returning to the academic fold. He is assisted in this by a central figure in the Zurich establishment, Alfred Kleiner, who grooms him for the return. More generally, I argue that Einstein's role in the emergence of theoretical physics as a discipline results from the interaction of two developments, one external and institutional, the other internal and personal. Certain institutional constraints influence Einstein's early academic career by providing a professional opportunity to which he can adjust his career plans. The existence of this professional context for Einstein's early work in physics plays a role in encouraging him to pursue the speculative work in physics that became his distinctive hallmark. The other side of the coin is that Einstein's personal legitimation as professor of theoretical physics in 1909 also confers legitimacy on his speculative research, which in turn infuses the term “theoretical physics” with new meaning. The key factor uniting Einstein's personal development with institutional opportunities is the special relationship that he enjoys with Kleiner, who serves as the focus of interactions between the external and internal developments described in the paper.