Nationwide Layoff Watch: An Update on Dechert
With apologies for the delay, here's our promised update on the situation over at Dechert LLP.
As we mentioned last Friday, back in this post (and its multiple updates), it looked like Dechert laid off 13 lawyers in its Finance and Real Estate practice ("FRE"). Then firm chairman Barton Winokur sent out this message, late on Friday afternoon:
Due to the major shift in market conditions affecting client demands in our Finance and Real Estate practice area, we currently do not have sufficient work for all the associates in FRE. As a consequence, we have told 13 associates in the U.S. FRE group that we see no demand for them in that group in the foreseeable future. However, due to increased and substantial demand in other practice areas, we will be offering those lawyers the opportunity to work in those other groups.
We think we've gotten to the bottom of what happened to the Dechert 13. And we've picked up a few other tidbits about the situation over there.
Read more, after the jump.
We've gathered information from several different sources at Dechert, whose identities are known to us; this report is a compilation of what they provided. We looked to anonymous comments to our prior posts for leads, but we didn't rely upon information in the comments unless we were able to obtain independent verification from one of our known sources. (As we mentioned in our second update to our last post, we tried to reach Barton Winokur, but he never responded to us.)
So here is what we've learned about what went down at Dechert last week:
1. The Dechert 13: Initially laid off, then offered two months of document review.
(a) The 13 affected lawyers were all from the firm's Finance and Real Estate ("FRE") practice. But prior accounts of the Dechert personnel action didn't mention what offices the 13 lawyers worked in. We hear that three were in Philadelphia, three were in Charlotte, and the rest were scattered around New York, Boston, Hartford and San Francisco.
(b) These thirteen lawyers were set to be laid off -- in the most traditional sense of the word -- on Friday at lunchtime. As for the deal they were offered, according to the Legal Intelligencer, "[t]he attorneys who were originally asked to leave were offered three months severance, six months of paid medical benefits and transition placement support..."
(c) But that afternoon, it came to light that the litigation department just got an enormous document review project, which they need to throw tons of warm bodies at over the next two months. So the powers-that-be decided to offer the FRE 13 the prospect of working on document review for the next two months. So, in Winokur's email, "the opportunity to work in those other groups" = 60 days of doc review fun.
(d) The details about the set-up are "very fuzzy." Would associates who take this deal become full-fledged members of the litigation department, or will this be more of a staff- or contract-attorney-type arrangement? What kind of seniority will they be given? What happens to them after the doc review is over? If they're let go after a few months, will they still be offered severance? Nobody really knows.
(e) On these questions, an unsubstantiated rumor:
[T]he firm may try to get away with revoking severance for these folks (most of whom are in their fifth year or more senior) because if they come back, work for two months in document review, then have offers to essentially start at the bottom in the litigation group, they will not really have been "laid off." If that happens down the line, that would be a shame, and highly unfair.
(f) Minority view: A few sources claim that the 13 associates who were laid off were fired outright, with no document-review option. But this appears to be the minority view, from tipsters who might not have heard about the doc review possibility. Most of our sources mentioned the offer of doc review in lieu of firing.
Of course, the question may be a bit academic, since the document-review option doesn't sound very appealing -- or popular, even among the layoff victims. One source tells us that "it doesn't look like any will accept this exciting offer, although I can't 100% confirm."
2. Junior associates in FRE / Corporate and Securities to be sucked into Giant Doc Review.
(a) Junior associates -- first-years through around third- to fourth-years -- in FRE, who basically have no work, are going to be stuck on a huge document review project for the next two months / 60 days. They're being staffed on this litigation matter involuntarily, and they're not happy about it:
"Most people I know are looking for other jobs. Cue mass exodus.""[T]his neither advances careers nor provides any morale boost -- most attorneys came to FRE because they despise litigation, now it looks like they'll be stuck there for at least two months. In all fairness, it is better than being laid off, but not by much."
(b) Some good news: the junior associates from FRE who are being stuck on the Giant Doc Review are not being treated as staff or contract attorneys or otherwise having the terms and conditions of their employment changed (other than having to work on said Giant Doc Review). In other words, as a technical matter, they are still part of FRE. Word on the street is that "the firm will see where things stand after the doc review is finished."
(c) Some bad news: This document-review corvée is apparently not limited to FRE associates. Junior associates in the corporate and securities group may be placed on the Giant Doc Review as well.
3. Continued uncertainty and instability at Dechert -- Philadelphia.
(a) At a meeting in Dechert's Philly office held on Friday at 3 p.m., at which the surviving associates were told about the layoffs, they also were informed that "work would continue to be slow," and some people may get moved around.
(b) On that subject, junior associates in FRE and Corporate / Securities have also received lots of emails about opportunities elsewhere in the firm. For example, this email recently went around:
Junior Associate position in Employee Benefits Group--New York or PhiladelphiaEmployee Benefits has an opening for a junior associate (1st - 2nd year) in either the New York or Philadelphia offices. They have asked us to check internally if anyone from our group would like to be considered for this opportunity or can recommend someone for this position. If so, please send resumes to the EB Practice Group Manager....
So that's the Dechert situation, as best as we can piece it together. If we've gotten anything wrong, or if you have some new information to add, please email us. The safest way to do that is from a non-work email account, using the web browser on your Blackberry or other wireless device -- or, of course, from your home computer, sometime tonight. Thanks.
Dechert Gives 13 Associates Layoff Notices [Legal Intelligencer]
You’re Fired! . . . Wait, No, Sorry, Just Move Practice Groups [WSJ Law Blog]
Earlier: Nationwide Layoff Watch: Dechert Decks A Baker's Dozen?

first
Excellent sleuthing, Lat! This may be your best journalistic effort ever.
Good work Lat - this is one of you best posts ever. Almost like a real reporter....
I'm going to start Dechert Sept. and will be doing litigation, should I be scared?
Nice job Dechert. Way to handle what should have been a run of the mill lay-off.
Very useful post that other blogs/law sites were unlikely to dig up.
Re: Giant Doc Review
Staff attorney predictable hours, for $160K (and above)? Is it really that bad?
Buy Astroglide.
I still think this "Barton Winkour" is in fact a character from a Tim Burton movie or perhaps a Roald Dahl book....
4:40 -
It is when it changes your departure from "You're fired" to "I quit."
3L to Dechart - firms try to avoid laying off first years. it seems to mean.
"I have an offer from Dechert in the Doc Review group. Should I be scared?"
It's only 13 getting laid off. If they get up into the 30s you can be scared, Doc Jockey.
4:53 - it seems to mean what?
Great job Lat!
@5:01
I think we're looking for a "be"
4:22, 4:23, and both 5:09 posts = Lat.
5:01 - I was looking for a missing "o"
Record $2.3M profit per partner and layoffs. I still can't get over that.
Dechert's EB group is hiring? Maybe I should send in a resume. My firm's group is moving at a crawl...
Are Barton Winokur and Derek Winokur (a new partner) related?
Unless there's some other arrangement, I wouldn't think the Giant Doc Review client would be willing to pay 3-4th year rates to do doc review.
I thought ERISA was still hot?
Good point 5:28(1),
This exemplifies the greed of law firm partners.
The folks in Boston should check out Lat's January 11 Job of the Week. (Both finance and real estate positions in-house in Boston.)
great post david, this is one of the best you have done...unbelieveable how poorly they handled this situation. I am glad that people like you bring these things to light!
@5.30. Who knows, who cares? However, apparently, Derek is hot -- http://shoelover.typepad.com/shoelover/2006/01/legal_briefs.html
DECHERT = GIANT TTT.
3L to Dechert: Don't be scared. I spent many years there as a litigator. First, Litigation is not cyclical like FRE and M&A; also first years at Dechert do not get laid off, esp. in litigation; the practice groups are very very different in how they react to work slowdowns and how they treat associates. You will do fine in lit. if you do good work and keep a good attitude.
"[D]ocument-review corvée." I love it.
OK, gotta go back to working for my own liege lord.
Nice job, Lat - very helpful summary.
What is TTT?
Dechert has not handled this situation well...complete lack of class and a demonstrated failure in intrafirm communication. This whole litigation fiasco is just a smoke screen to obscure the fact that they have no loyalty to their people. Dechert is TTT. Law students be warned.
What's document review?
Why all this fuss (4-5 posts now?) about 13 losers who were laid off?
Good investigation, Lat...but really, why spend so much time on such a petty topic?
What's TTT?
13 associates over 3 offices...not a huge deal either for the industry or for Dechert...i mean seriously partners are making on average over $2m a year. give 'em 6 months severance at least.
Clearly the story, 10:17 and 10:56, is HOW Dechert handled the situation -- it says a lot about the management and culture of a BigLaw firm, which I imagine is of interest to a wide audience.
bonus
same place that docked bonus?
TTT = "Third Tier Toilet". (really, you can slueth this yourself by googling it or urbandictionary.com . . . unless you go to a TTT and can't do research beyond lexis/west at this point).
TTT to www.google.com
The 13 were sent home outright last Friday. Those that took long enough to leave heard before leaving that they might have an extension. Those that moved fast read about it on ATL Friday night. Dechert has had a hard time getting it's story straight, but it appears that the deal is 2-4 months of doc review and the 13 can go back to severance either sooner, if they choose, or at the conclusion of the doc review.
It's not a bad outcome, but the mismanagement of the whole situation is seen as "typical Dechert".
1:48 - a serious response to a sarcastic question.
Out of curiosity, what exactly *should* Dechert do here? There's a practice group with no work; should these associates be paid $200k to sit around and play scrabulous?
They complain that "I didn't sign on to be a litigator" but that's where the work is. The job market is just that - a market. You're an at-will employee in a market with an oversupply of employees. I'm not commenting on how the firm managed the situation - there are clearly differing reports on that, most of them not very flattering. But these associates, and every associate in slow practice areas (note ATL's "where's the work" survey results a few posts after this one) need to think realistically about what they're doing with their careers. Coasting generally doesn't work for lawyers; even if you pull it off you will probably lose the respect of your colleagues, which will damage your career more than being laid off.
If you're in a slow practice group: read the writing on the wall, be proactive and see what your firm can do to help you find good work to do. (If two months of doc review builds some goodwill and enables you to make a case to stay on and find better work - or just gives you more time to find a good job elsewhere -then suck it up and do it! Two months will go by reeeal fast when you're doing doc review for 16 hours a day...)
4:42 = Dechert Partner
So, I am a 2L who is going to be summering at Dechert in an office that is almost 90% FRE. People can say that they won't fire first years for goodwill or whatnot, but honestly, should I be worried about even getting a full time offer if the market doesn't pick up?
Dechert has NO loyalty towards its associates when the economy goes bad. My husband was laid off a few years ago along with many other associates in his practice group while partners again posted record profits. Same strategy then: keep bringing in first years and summers to save face with the law schools; lay them off after a year if economy isnt stellar. My husband now works for a top tier firm (far better ranked than Dechert re Vault) and has not looked back. AVOID AT ALL COSTS.