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The 21st Century Lawyer: New Models for Practicing Law

NALP logo.JPGMany of the events we attended at last week’s NALP conference were on the depressing side. After a decade, or perhaps two decades, of growth, the legal profession is experiencing a painful contraction.

But perhaps the current carnage, and the challenge it poses to the existing law firm business model, could give way to reform. As James Jones of Hildebrandt explained, the economic crisis could lead to positive changes in terms of the cost-effective delivery of legal services. “A financial crisis is a terrible thing to waste,” he quipped.

Jones is not alone in this assessment. We attended a panel discussion entitled The 21st Century Lawyer: New Models for Practicing Law, in which three pioneers of the profession — Audrey Bracey Deegan, of Deloitte Consulting LLP; Deborah Epstein Henry, of Flex-Time Lawyers LLC; and Mehul Patel, of Axiom — discussed the alternative models of practice represented by their organizations. These models could become more compelling as the Great Recession forces firms to rethink how they do business.

An account of the panel, which was ably moderated by Professor Carole Silver of Georgetown, after the jump.

The panel began with the three panelists explaining their new models. Mehul Patel, an EVP at Axiom, described the company’s “free agency” approach to providing legal services. Here’s a good summary, by Ashby Jones of the Wall Street Journal:

Axiom, which essentially functions as a high-end temporary agency, targets lots of graduates of elite law schools and refugees from prestigious law firms who may have grown tired of billing 2200 hours a year, but who don’t want to take a full-time in-house job or abandon legal practice entirely. Once hired, lawyers get sent out to clients, where they might spend anywhere from several days to several months or more working on legal projects. Some lawyers use the service as a solution to a short-term problem: a relocation, a new child, caring for a sick parent. Others stay on with Axiom for years, working strictly with one client or moving from one to another. Axiom’s client list includes American Express Co., Morgan Stanley and Reuters Group PLC.

For more about Axiom, read this NLJ article by Leigh Jones, or this earlier ATL post. Or check out Axiom’s snazzy website.

Audrey Bracey Deegan, of Deloitte, discussed mass career customization (or “MCC” for short). The general premise is that, with careers becoming less linear, and the corporate ladder becoming a “corporate lattice,” workers should be allowed greater flexibility in their career paths. MCC offers workers the ability to “dial up” or “dial down,” on a variety of fronts (e.g., hours worked, responsibilities undertaken). For more, see here.

Deborah Epstein Henry — founder of Flex-Time Lawyers LLC, and a prior ATL interviewee — explained her FACTS model of practice. It essentially involves a multiple-target billable hours approach, in which lawyers can choose how much they’d like to work, and get paid accordingly. For a good overview (and an explanation of what “FACTS” stands for as an acronym), see this post on the Yale Law Women Blog, or this article (PDF).

In the past, one of the main selling points of these alternatives to the Biglaw model — MCC, Axiom, or FACTS — was enhanced work-life balance. But now that the economy is in the tank, a new advantage is emerging: value. Under FACTS, a legal employer no longer needs to pay all lawyers the same amount of money for the same amount of required work (e.g., $160,000 for 2000 hours). Lawyers can select lower hourly targets and receive compensation that reflects their reduced workload.

At a time when law firms are saddled with highly-compensated associates who don’t have enough billable work to do, a multiple-target billable hours model would seem to make a lot of sense. In fact, just last week, Hogan & Hartson bumped some associates down to an 1800-hour track, with reduced pay (starting at $145,000 rather than $160,000 — still a very nice income, of course).

The FACTS model is similar, but with the advantage of allowing individual lawyers to select where they’d like to fall on the spectrum. For example, some associates who have extensive commitments outside work (e.g., family responsibilities) or who don’t need a huge paycheck (e.g., because they have a rich spouse or come from money) might opt for a lower track. Other associates — say, associates who are single, childless, and without outside hobbies or interests — might want to throw themselves into their work, and reap the corresponding financial rewards.

The Axiom model has some similarities to FACTS. Lawyers at Axiom have a great deal of flexibility in terms of choosing what matters they work on, for which clients, and at what intensity level. As a result, compensation varies significantly; the company doesn’t have anything close to a lockstep model, Patel explained. Rather, compensation is set individually, based on client demand for a particular attorney and his or her services. Working for Axiom has some of flexibility of being a contract attorney, but the work tends to be far more interesting than document review, and the salaries are much higher. According to Patel, the average Axiom lawyer earns around $220,000 a year.

(The catch is that getting a job at Axiom is much harder than scoring a contract-attorney gig. The company tends to hire lawyers with top-notch credentials coming out of major law firms. In fact, some Axiom recruits are former Biglaw partners, with decades of experience in practice, who just want a better lifestyle.)

As the economy worsens, taking many law firms along with it, look for the legal profession to start focusing on new, more flexible models of doing business. Such innovation, in the words of Deborah Epstein Henry, “is no longer an accommodation — it’s an economic imperative.”

Comments

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1 Posted by guest | Permalink Monday, April 6, 2009 2:03 PM

HEEYYYYYYYYYYYY first

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2 Posted by guest | Permalink Monday, April 6, 2009 2:04 PM

Dechert Managing Partner sounds like an insufferable asshole:

http://www.abajournal.com/news/is_law_firm_paradigm_shift_ahead_bring_it_on_says_dechert_leader/

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3 Posted by guest | Permalink Monday, April 6, 2009 2:07 PM

Get a Tax LLM like this guy
http://losangeles.craigslist.org/wst/res/1094552964.html

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4 Posted by guest | Permalink Monday, April 6, 2009 2:07 PM

Publicly traded law firms

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5 Posted by guest | Permalink Monday, April 6, 2009 2:13 PM

Semper Five

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6 Posted by guest | Permalink Monday, April 6, 2009 2:18 PM

Axiom sounds sweet.

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7 Posted by guest | Permalink Monday, April 6, 2009 2:22 PM

2 - he sure sounds like the biggest douche ever.

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8 Posted by guest | Permalink Monday, April 6, 2009 2:23 PM

This is rich. Next ATL will do a piece on how the recession is the great spark to light the "no more billable hours!" fire.

Law Firms are businessess. They sell services like a prostitute -- by the hour.

The amount they make is based really on only 4 factors: (1) total hours they bill, (2) rate at which they bill those hours, (3) percent of all billables that they actually get paid for (realization), (4) overhead costs and losses. That's it. It is not complicated.

These one-size-doesn't-fit-all firms may do great on number 4 (you think), but they all get killed at numbers 1-3. Would you hire Axiom to deal with run-of-the-mill work? Sure, why not.

But the V50 don't want to be doing "normal" work anyway. They want to be doing ONLY the high-value elite complex work. They want to be doing the multi-continent, multi-billion dollar deals. They want to be doing the "nobody has ever done this before" litigation. That's the work that you get to bill the high rates on, with lots of hours, and then get that 100% realization.

Recessions happen people. This isn't the first; it won't be the last. The model is not going to change. One of my partners has a saying... if you find me something better to sell than hours, I'll do it in a heartbeat. But people having been trying to build a better mousetrap for 500 years too. Sometimes, there's nothing better out there.

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9 Posted by guest | Permalink Monday, April 6, 2009 2:23 PM

Does Dechert really have "no debt?"

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10 Posted by guest | Permalink Monday, April 6, 2009 2:31 PM

If you have a rich spouse or come from money, why the f*** would you work as a corporate attorney?

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11 Posted by guest | Permalink Monday, April 6, 2009 2:34 PM

10 - insecurity/emotional problems?

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12 Posted by guest | Permalink Monday, April 6, 2009 2:37 PM

Are you all drinking the Kool-Aid?

Nobody wants to work at Axiom! Nobody works as a contract attorney "for the lifestyle"! (Unless they have a pretty "alternative" lifestyle thing going on...)

Contract attorneyship is about one thing, and one thing only - stripping the value of benefits away from the attorney and transfering it over to the temporary agency.

It's a raw deal, and Axiom is no better than any other temporary agency. They just market themselves differently.

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13 Posted by guest | Permalink Monday, April 6, 2009 2:40 PM


The suit-coats say there is money to be made

They get so excited nothing gets in their way

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14 Posted by guest | Permalink Monday, April 6, 2009 2:54 PM

We are all screwed. By "we," I mean the class of 2010.

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15 Posted by guest | Permalink Monday, April 6, 2009 2:57 PM

I wanna buy a vacuum.

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16 Posted by guest | Permalink Monday, April 6, 2009 3:03 PM

http://www.app.com/article/20090406/BUSINESS/90406038/1003

It's all over.

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17 Posted by guest | Permalink Monday, April 6, 2009 3:03 PM

Law firms should immediately tell the Class of 2010 that there are no post-grad positions to be had. Superior talent by way of the Class of 2009 has already been secured and major recruiting dollars have been spent.

The Class of 2010 should consider careers in pharmaceutical sales, medical technology (like x-ray technicians), and customer service.

18 Posted by BHO | Permalink Monday, April 6, 2009 3:04 PM

Now that I have brought Change to the legal profession, I can focus on my goal of ridding the world of nuclear weapons so we can return to the safer and more peaceful world of the 1930s and early 1940s.

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19 Posted by guest | Permalink Monday, April 6, 2009 3:27 PM

2 (and others) - Could you whine a little more?

I'm not sure everyone fully appreciates the entitlement mentality you represent. The Dechert guy sounds like he understands that a law firm is a business and should be run like one. Far too many seem to think it should be run like a club.

Get over yourselves and embrace the world of your clients for once. You might actually be better lawyers for it.

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20 Posted by guest | Permalink Monday, April 6, 2009 3:28 PM

Is ATL a mouthpiece for biglaw partners?

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21 Posted by guest | Permalink Monday, April 6, 2009 3:30 PM

20 - No, in fact, it seems more like a whiners club based on the comments.

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22 Posted by guest | Permalink Monday, April 6, 2009 3:37 PM

7 - Yeah. I mean, can you believe the guy is willing to make decisions based on what's happening in the business environment? How could he be so, so, so...mean?

Grow up!

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23 Posted by guest | Permalink Monday, April 6, 2009 3:54 PM

NALP is a collection of self-important -- and clueless -- firm and law school administrators.

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24 Posted by guest | Permalink Monday, April 6, 2009 4:27 PM

20, 21 - If some people think ATL is for whiny associates, and some people think it is a mouthpiece for partners, then it is probably somewhere in between.

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25 Posted by guest | Permalink Monday, April 6, 2009 4:33 PM

Layoffs at Nutter. Run for the hills!

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26 Posted by guest | Permalink Monday, April 6, 2009 4:40 PM

24 - I never said whiny ASSociates, I simply said whiners. And why is it that partners don't behave like they really are?

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27 Posted by guest | Permalink Monday, April 6, 2009 4:44 PM

Nutter-butter?

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