Brownstein Hyatt: Deciding Between Layoffs and Salary Cuts in Denver
Brownstein Hyatt is a mid-sized firm located in Denver. The firm has over 200 attorneys, and like most firms, the global economic crisis has taken its toll on the firm. The firm has been forced to undertake the “hemlock package” of salary cuts and layoffs.
But the partners at Brownstein gave associates a choice on whether they wanted deeper job cuts and higher salaries, or deeper salary cuts against fewer job losses. The associates opted to have salaries slashed, and their decision saved the jobs of eight people.
But not everybody. Associates were told the final numbers via a firm wide memo yesterday:
Over the course of the past few days, we have concluded our discussions with those who will be departing. Across the Firm, 15 attorneys and 22 staff members will be leaving. This was one of the most difficult decisions we have had to make in the Firm’s history. Initially we looked at a greater number of attorney and staff reductions, but instead we adopted a number of cost cutting measures across the Firm, including pay cuts across several levels of the Firm. As a group, the income shareholders, counsel and policy advisors took a 10% pay reduction, associate salaries will be reduced by 8.5% and senior management personnel will be reduced by 5%. I appreciate the willingness of those affected to embrace a financial sacrifice to keep our personnel reductions to a minimum. I also must take a moment to thank [Redacted], our HR Director, for her efforts over the past several weeks and months. It was an enormously difficult job to implement these personnel decisions, and [Redacted] did it with professionalism and compassion. We must now move forward. We have had considerable success in generating new clients and new matters following our planning efforts at the shareholder retreat. Lets continue to focus on tremendous client service and teamwork, and recognize that we have the talent, dedication and vision to succeed in extraordinary economic times. Thank you for all of your support. Bruce Bruce James CEO/Managing Partner
Would you want to have this option at your firm? After the jump, associates on the ground fill us in with some Brownstein back-story. And managing partner Bruce James shares some additional thoughts.
Our sources jumped all over the “shareholder retreat” that is mentioned at the end of the memo. The shareholders went to Las Vegas for their annual gathering, just as other firms have done despite the economic downturn. And it certainly appears the shareholders did more than drum up new business during the Vegas trip. A tipster reports:
They had the partner retreat in Las Vegas (bumped down to the Mandalay Bay to save money they told us) mid-March. When they came back from the retreat, Bruce told us that they would be laying off 12-20 attorneys and 12-20 staff by April 8 (all staff and attorneys loved the 3 week delay between the announcements and the actual layoffs).
Other tipsters were concerned that the memo didn’t specifically address any reductions to profits per partner to help save jobs. Understandably, morale is pretty low among remaining associates:
The associates now are worried that, despite the pay reduction to save allegedly jobs, the firm is going to re-evaluate the need for cuts in a couple of months and then go back for another 8 associates as they had originally planned.
Above the Law reached out to managing partner Bruce James about these concerns. He addressed some of the difficult decisions the firm has made over the past couple of weeks. His statement appears below:
As noted in my firm wide message below, we implemented pay reductions across several categories, including income shareholders and you are correct, it did allow us to save an additional 8 associate positions. It is also important to note that only associates participate in the associate bonus pool which will allow them to fully recapture, or significantly exceed, their pay reductions if they meet certain objective criteria, including credit for up to 100 hours of pro bono work. Every firm culture is different, but in our firm it was the right decision to share the impact of this economy throughout our firm and to keep our personnel reductions at the lowest possible level. You are also correct in noting that we held a retreat in Las Vegas in March for all shareholders, of counsel and senior policy advisors. Las Vegas is the home of our second largest office, and one of our most productive offices in this recession. It would have been insulting to our clients and firm members in Las Vegas to cancel our meeting, and we decided not to embrace the hysteria over holding corporate meetings in Las Vegas. In our recent retreat, we met for two days with a focus upon revenue generating planning efforts, met with several clients before, during and after the retreat, and we are already seeing significant benefits from the ideas discussed at our retreat. Lastly, I believe associate morale is likely at an all time low for all AmLaw 200 firms. In this current economic climate, and with over 2500 associate layoffs in our industry year to date, it would be very unusual if morale was not significantly impacted. However, I believe that as the economy improves, and our firm continues to make the right planning decisions to position ourselves to succeed in the coming months and years, that morale will improve at our firm and throughout the industry.
Is this a persuasive argument? If not, what else would you like managing partners to consider as they attempt to address the market crisis? The bottom line is that associates were given the option of cutting their salaries, or suffering through even more layoffs. Do you think it was a false choice, or is this an appropriate way to spread the pain around?
Earlier: Sonnenschein partners are going to Vegas, baby! Vegas!




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Later, knowing that all was now completed, and so that the Scripture would be fulfilled, Jesus said, "I am firsty."
I had no idea that lawyers were such pussies. Really, it's shocking.
Kindof wish I was part of this firm instead of my NY biglaw, don't give a shit about you firm.
Interviewed with these guys at OCI -
I got the distinct impression that they had grown too big too fast. They went from 50 or so lawyers to 200+ in no time flat. Also heavily invested with gaming law (casinos) which are not doing too hot right now.
1- That's the first "first" post that kind of, sort of made me chuckle a little. Good job
Where is Partner Emeritus with his "Although not a peer firm,..." comment? What a douche.
Partner Emeritus is the Nervous T10 1L of partners. Admit it PE, you are a disability attorney who has finally made it to ALJ and now have tons of time to post stupid comments.
This is the worst firm name I have ever seen.
At least this firm gave the associates an option. Even with the "deeper" salary cuts at Brownstein, they got a better deal than my firm (Thompson Hine) gave out.
We took a 1/6th paycut, had a big fat round of announced layoffs, and, based on the rumors, the stealth layoffs have not slowed down at all. If anything, there are rumors they have increased to avoid looking like they cut 1/6th of our pay and didn't save any jobs (which is what it looks like to me).
Thompson Hine = a shit hole.
-Rogue Associate
7--I don't know about that. "Skadden, Arps, Slate, Meagher & Flom" is pretty damned bad.
The Dow is... up?
ATL your title of this article is misleading. Obviously, they didn't decide "between" they decided to DO both. Title should have been "Brownstein Hyatt: Decides to Layoff and Reduce Salaries in Denver."
Dude, where the F am I going to get my GD 7.5 billable hours today????
So what were salaries before? What are they now? I also interviewed with this firm during OCI and yes, they were trying to expand too much too fast.
It is a false choice.
It is an appropriate way to spread the pain around.
I'm a bankruptcy associate. I'll be working on Easter. My colleagues in corporate are already gone for the day because they have little-to-no work. Cut jobs left and right, please.
Here is a bit of gratuitous advice for the Brownstain firm. Management should propose a "Hybrid Tough Love" package that includes both layoffs and a salary reduction. This would instill fear in the remaining rank and file employees while giving them a reason to be appreciative that they are still employed by the firm. The salary reduction is justified by the economic tsunami that has affected the legal industry. I would also propose a cost shifting of health benefits whereby employees pay 90% of their health insurance premium and the firm, as an act of generosity, picks up the remaining 10%. Matching 401K and profit sharing benefits should be eliminated in light of the dismal performance of the Dow Jones. You are welcome for the brilliant advice.
i have no fucking idea what kind of "choice" there was to be made, and whether or not the dude is telling the truth.
however, his screed was well-written and direct. gotta give him props for that, and for explaining some things which were not asked of him. i particularly appreciate his acknowledgment of the level of our morale.
- DC Biglaw Associate.
PE - When you talked me into taking a look at your hybrid tough love package, it turned out to be something very different. I'm still in therapy.
Partner Emeritus: It is Friday. There is bingo somewhere in your retirement community. Go find it.
This comment is addressed to post no. 6.
If the Brownstain firm were a ship, it would be called "Peerless." I did not think it was necessary to use my typical "Although not a peer firm ..." line in light of the firm's name which reminds me of an amalgamation of pitiful dreggs of humanity.
ELIE----
NOW IS THE TIME
PERFECT CHANCE FOR
"WHAT'S GOOD WITH GOODWIN ON GOOD FRIDAY?"
Why are these firms laying people off? Why are lawyers even working today? THE MARKETS ARE CLOSED!
A munger of a dilemma.
This firm is probably hurting because at least two of their name partners were investors at Braddock Financial. Gottal love Denver--everybody expands too fast! It's Denver, for Chrissakes.
anyone know what salaries are (were) in denver for associate level 1 through 5? what are billable targets like?
-keen to move to Denver
A ship never looks like it is sinking when you are on it
Katten MUNCHIN
Katten MUNCHIN
Katten MUNCHIN
Katten MUNCHIN!!!!!!!!
I, a disinterested party, hereby hope that the firm took note of any associates who were imbecilic enough to vote against a paycut and saving some compatriots. And upon any further necessaries, welcome to the front of the line.
Shit, I suck at funny commenting, naming and avatar uploading.
Partner Emeritus: Bingo. Go play it.
30 - At least you are aware of your limitations, unlike the Law Guru guy.
23 -- Because they don't have any work to do. Because they lost money in the stock market. Because their clients don't have money to pay for all the paper peddling, pushing, document productions, filing fees, pleadings, revisions, review, mergers and acquisitions are almost at a stand still, banks aren't loaning money to law firms to expand or make payroll, because they didn't have the foresight so in hindsight they are kicking employees to the curb... which includes lawyers not just staff because they too -- law firms -- are up to their eyeballs in debt. Ummmmmmm I can think of a number of other reasons like ... partners are not willing to give up their salaries for first years, seconds or thirds. Almost all practice areas are diminished to the point of attorneys sleeping from 9-5 instead of working. Need I say more.
33--please, more. I still don't get it.
33 - I think you might be taking 23's comment a bit more seriously than it was meant to be. Though your input is fascinating - I'm sure no one reading ATL was aware of ANY of the issues you raise. Jackass.
34 - Its the end of the legal world as we knew it.
35 - Review of the facts and analysis of the status of the case was so tempting I couldn't resist! Ass-hole yourself... I'm sure you do!
katten munchin roth & zabel!
I am going to go ahead and blame this all on my stupid secretary, who not only named me wrong (It was supposed to make you all chuckle as The Dow Is Unchanged Guy), but also can't even figure out how to upload the awesome straight line picture it took me 10 minutes on the internet to find.
I hereby license my The Dow Is Unchanged Guy idea to anyone with better skills that my secretary or more time than me.
The ship be sinking...
you gets to choose how you drownin'.
Partner Emeritus is badass and is also my hero.
I am currently a 3rd year junior actuary at deloitte and people like Partner Emeritus, with his arrogant demeanor and superior verbal skills, are the reason I want to leave this dreaded number crunching profession and go to law school. The timing right now seems bad, that being said, PE's comments are awesome.
This is ironic; I just found out I have to go to Denver next week for trial. I guess it will at least be a good opportunity to really explore the local restaurant scene. Any have suggestions for where I should start? (I like the title of this story, by the way.)
--Delving Into Denver
26- Most firms start around $120 for first years. Some are moving closer to $135. Hogan, Cooley, Mofo, Patton, and A &P offices in Denver pay $160. Standard billable for most firms is 1850 with the national firms looking for 1950+.
26- Most firms start around $120 for first years. Some are moving closer to $135. Hogan, Cooley, Mofo, Patton, and A &P offices in Denver pay $160. Standard billable for most firms is 1850 with the national firms looking for 1950+.
42, it's not ironic, it's a coincidence
Thanks for the clarification 45 :-) How about a good place in Denver?
--Delving Into Denver
Thanks for the clarification 45 :-) How about a good place in Denver?
--Delving Into Denver
depends on what kind of food
Lola is good for noveau mexcian
sushi den is the best and snobbiest for sushi
new saigon for vietnamese
city grille
elway's for steaks
rocky mountain diner is downtown and quite good
don't let anyone take you to the buckhorn exchange, it's a tourist trap and the steaks blow
the fort if you have a car
marlowes for a burger
fontanos for great subs
I am in the investment banking industry and have had some exposure to this firm. I am not at all surprised by their actions. In Denver, this firm has one of the worst reputations as being a sweat shop, and the partners dump on the associates any chance they get.
Also, for those of you who are wondering. The starting salary for national firms in Denver is $160. Just about all of the local (regional) firms, including Brownstain start their associates at $120. I believe Brownstain is now reducing salaries to $100.
Their main problem was that they are almost entirely a real estate firm. They recently expanded into the gaming industry which has also taken a major hit. The firm used to push a culture of strategic expansion but they were trying so hard to join the ranks of the Denver Big Three (HRO, Sherman Howard, and Holland & Hart) that they took risky chances. Also, most other firms have a diverse enough business, that they can support the less active fields with the ones that are still bringing in funds. At Brownstain, it's real estate and nothing else. All their other areas are there only to support the real estate group, and does not bring any business in on its own. Talk about putting your one egg in one very large basket, and hoping it doesn't break.
@39
The Dow is rarely going to be unchanged. I'd suggest, instead, using the name "The Dow is Rangebound Guy." You can probably find some spiffy graphics to go with that, too.
I am in the investment banking industry and have had some exposure to this firm. I am not at all surprised by their actions. In Denver, this firm has one of the worst reputations as being a sweat shop, and the partners dump on the associates any chance they get.
Also, for those of you who are wondering. The starting salary for national firms in Denver is $160. Just about all of the local (regional) firms, including Brownstain start their associates at $120. I believe Brownstain is now reducing salaries to $100.
Their main problem was that they are almost entirely a real estate firm. They recently expanded into the gaming industry which has also taken a major hit. The firm used to push a culture of strategic expansion but they were trying so hard to join the ranks of the Denver Big Three (HRO, Sherman Howard, and Holland & Hart) that they took risky chances. Also, most other firms have a diverse enough business, that they can support the less active fields with the ones that are still bringing in funds. At Brownstain, it's real estate and nothing else. All their other areas are there only to support the real estate group, and does not bring any business in on its own. Talk about putting your one egg in one very large basket, and hoping it doesn't break.
Question, if I worked at brownstein, would it be considered a brownstain on my resume?
It's unfair of the firm to ask the associates to make such a decision.
Since I'm still billing 10+ hours a day, I'd be upset if my salary were cut to compensate for others' lack of work.
Whostein Hywhat? Who cares what happens at an irrelevant firm in a TTT (legally speaking, I actually love Denver as a city) market?
Why don't you just tell us what Lowell "the Hammer" Stanley is doing with his hired help in VIrginia Beach?
actually HRO and Hogan Hartson take that honor in denver, although i have heard some bad things about BHFS as well
"In Denver, this firm has one of the worst reputations as being a sweat shop"
I don't get the reduce salaries to save jobs. If there is no work, it does not make sense to keep everyone. The partners should have pulled a Trump and laid off anyone who elected for the pay cut rather than more layoffs. It shows an insecurity about their abilities and security at the firm and they should be punished accordingly.
Also, there has probably been a lot more than 2500 layoffs. Maybe in V100 firms, but the industry as a whole has seen a lot more than 2500 layoffs in 2009.
Wow, 48, thanks! That's a lot of choices. Just curious about Elways steaks -- what's the connection with Denver? Is that the Elway of Jim Elway's car dealerships? Thanks again!
--Delving Into Denver
Didn't HRO recently layoff a bunch of staff as well?
55 - yes this is a midsize firm and it's not in NY, but we should be thanking Above the Law for bringing this to our attention. It's important to take note of the firms who pull stunts like this. I hope people stop doing business with them, and lawyers think twice before going to work for them.
John Elway of the Denver Broncos
61, oops, didn't think of that :-) Is Elway's steak place only open during his off season?
--Delving Into Denver
61 - You're clearly the go-to person for Denver info! Why do they call it the Mile-High City, anyway?
The whole flame about the Las Vegas non-boodogle was completely batshit. "Insulting" clients and firm members? They better embrace some hysteria real fast if this is how they make business decisions. If a public corporation CEO wrote a note like that, after reducing executive pay and sacking a load of staff, he would be looking for a job.
You might want to look into the fact that they rescinded offers to 3Ls
Thank you, 65. $10K to wait until January? No, $10K and "thanks for coming out!"
john elway, open year round. cherry creek location is considered 'better' than dowtown. especially if you are on a cougar hunt.
and HRO has been laying off attys and staff. and they just defererred start date by a FULL YEAR and are offering a stipend of FIFTEEN K. I shit you not.
and denver's elevation is approx a mile above sea level, in fact, there is a cap stone or something on the state capital steps at 5, 280 feet.
Schrek? I guess Donkey gets left out in the cold, yet again. So much for being a noble steed.
Partner Emeritus, are you Anonymous Lawyer?
67 et al -- your chain is being pulled.
Two little mice fell in a bucket of cream. The first mouse quickly gave up and drowned. The second mouse, wouldn't quit. He struggled so hard that eventually he churned that cream into butter and crawled out. Gentlemen, as of this moment, I am that second mouse.
If you want a kick ass steak from an old school steak house, try Bastien's on Colfax. It's in the middle of the dirtiest street in Denver, and the place hasn't seen improvements in 50 years, but the steak actually kicks the day lights out of any other steak house and it's less expensive.
Oh, and shame on Brownstain for screwing over their 3L's. You can't tell me they didn't know this was coming. They are a one trick pony, and hit hard by the economic downturn. And $10K? That's just an insult. I'd rather they just give me nothing rather than $10K.
Those of you who are still there... Jump shit while you can.
Rumor has it they fired their recruiter last year cause she smacked her secretary. What kind of circus are these guys running over there?
I live in Vegas and I don't know why Frank Schreck every agreed to merge with this firm. Schreck's the man, and his firm was awesome! Now his name is associated with mud. He should file for dissolution.
For the record the BHFS associates did NOT vote to take a pay cut. At the last minute before the announcement the firm asked for a sense of the associates and we said no to both salary cuts and layoffs. Just because we are associates does not mean were stupid enough to negotiate backwards especially without any real promise that what we said would actually make a difference or that the salaries would go back up when work picks up.
Of course they both laid off people and cut salaries as we associates knew they would.
72 - Jump shit? How bad is it there? Is the plumbing backing up?
Nah, I think this is a good thing to ask associates to make the decision.
I was laid off and am enjoying my severance. Would I have kept my job with lower pay? hell no. the job was almost unbearable with the six figure inflated salary.
but for all the pussies out there willing to be overworked for less money instead of taking the plunge to do something that makes you happy--good for you! your genes will add much value to the human race.
seriously, if you're not happy in BigLaw, jump ship. With so many unemployed lawyers, you won't have to explain why you took a year to try to film a documentary or travel south america when you decide to rejoin the professional world.
which, if you have any good stories, I'm writing a sitcom. Post a comment on my blog about what you saw in BigLaw.
www.laidoffdiary.wordpress.com
Better thread title:
15 associates checking out of the Brownstein Hyatt
Funny thing is, that if you go to just about any cultural non-profit locations (Denver Museum of Modern Art, Denver Zoo, etc.) You will see that BrownSTAIN is a TOP donor. They give hundreds of thousands of dollars to these organizations each year, but can't cut back to save face. They can't cut back on their fancy Partner retreat (probably cost them close to $100K).
72 is right. You should jump shi[p].
Greed is the root of all evil, and they will pay for theirs.
If management had only switched the firm's car insurance to GEICO. They would have saved a ton of money and, well, you get the idea...
It is passing the buck. Because most associates are slow, the result is already known: most will vote for salary reduction to save their own jobs. The associates who are busy, like me, will have to subsidize others. Paying associates in busy (profitable) practice areas less than they could make in other firms is a great way to lose such associates. If we're going to subsidize slow (or less profitable) practice groups, let's have BigLaw lower our salaries more and hire associates practicing family law, insurance defense, immigration law, etc.?
80 - Brilliant!
Embrace this Bruce
Two thumbs up for salary cuts in lieu of layoffs
This firm seems cool. I just went to their website and they're helping a snowboard company bust huge from the slopes into the boardroom. Keep up the good work, Brownstein.
What happened to incoming 3Ls at Brownstein? Any news from Holland & Hart? HRO is offering 3L's either 30K in installment payments (payment stops if you accept job with for profit company) or 15K lump sum. These payments include the 5k bar stipend. However, the message was clear- there is no 2010 guarantee.
I am starting work at Holland & Hart this september. Our firm is doing fine. Yes, business is slower than a couple of years ago, but we played it safe, and have a diverse practice so we are still on track. Our entire group of 3L's is still scheduled to start work this September.
I didn't know this about HRO. Kinda sucks b/c they are a great firm, and one of Denver's big three. I believe Sherman & Howard is still on track as well.
Holland and Hart just hasn't pushed back yet - they will, and the people who are slated to start working there will upset that they didn't find out until so late.
Brownstein did cut some of it's incoming 3Ls - interesting that they didnt own up to that part of it in their letter.
There was never any choice. The associates at Brownstein refused to take a position on paycuts vs. additional layoffs. Management is marketing it as a "choice" - both internally and externally - to save some small degree of morale. Because everyone knows it's a lie, it's having the opposite effect.
Holland & Hart missed budget by 25% last year. Sorry incoming first year, but they are not in great shape. That said, they have always been the most democratic (some would argue socialist) of the big Denver firms. They cut 401k contributions and partners took a huge pay cut. They're doing everything they can to avoid layoffs, which is commendable, but no one in town is in great shape.
Re: Incoming 1Ls at Brownstein, 6 out of 12 had their offers retracted.
And the revised bonus program only allows associates who have enough hours to bill more than the required amount to re-coup their original salaries by billing more hours, whereas they used to be able to receive an actual "bonus" for meeting or exceeding the minimum required hours. And other benefits and perks have been cut, such as the 401(k) match, paid parking, associate trip, etc. At the new levels of salaries/ "bonuses", Brownstein associates don't get paid much than more than associates at smaller and more laid back firms in the same areas. What then is the incentive to slave away as a big firm billing machine? More work for less pay?!? I'd say associate morale is way, way down.
91 - if you truly feel your salary is now commensurate with the salary at a "smaller and more laid back" firm, please tender your resignation and go work for that smaller firm. I am sure they would love to have someone with big firm experience, and maybe they would even layoff one of their associates to take you. However, if you urge both of your brain cells to work together, I think you will realize that what is happening to BigLaw across the country is also impacting mid-size and smaller firms.
Finally, the partners at ALL of the Denver firms have already taken substantial "paycuts". Do the math - if you own an interest in a firm that used to distribute $2MM a month, and that same firm is now distributing $1MM a month, then you have taken a 50% cut in pay. Some firms in Denver have already missed at least one monthly partnership distribution. And none of the firms in Denver have laid off enough employees to restore the partners to their former level of income. The goal is to keep the firms in business by reducing costs so there is a positive balance at the end of each month. I anticipate (assuming hours stay as flat as they have been for 1Q, and don't get worse) that partner income for 2009 will be down by roughly 30%, after taking layoffs and other cost saving measures into account. Just because someone isn't spelling that out in a memo to associates doesn't mean it isn't happening. So for all the Denver associates complaining on here, please educate yourselves on the running of a legal business, accept the current economic reality, and be thankful the firm that employs you is still solvent. There are plenty of people out there who are suffering far more than you (or me).
92 - woah, what's with the personal attacks? I have as much right to express my opinion as you. And I never said I was a Brownstein associate. So kindly shove off. :)
Sincerely,
- 91
PS to 92 -- Affter trying to re-read your drivel, I feel compelled to add that I never said I was an associate in Denver either. You should really stop ASSuming facts. If I were to assume facts I would assume you are a Biglaw partner and/or associated with Brownstein or some similar firm who clearly only cares about partner's -- aka your own -- profits. The only thing I care enough to comment on or agree with in your post is the fact that there are *plenty* of people suffering far more than you. I'm glad my post riled you up enough to leave that looooooong comment. Clearly someone has failed to drum up enough clients to have actual work to do, and I'm ASSuming he or she is going to blame it on some associate down the line. Go figure!
I'm just LingOL at 92 for referring to this previously unknown firm (apparently with the same name as the Hyatt! How clever!) as "Biglaw" and also for thinking anyone will have any sympathy for his plight at having his salary cut by 30%. Oh waa waa waa.
Hey 91, if you are indeed a Brownstein Denver Associate, I think you are on the right track... sit around eating bon-bons until the firm decides to lay you off during its next "round" of lay-offs (which they probably would have decided to do anyway, in a feeble attempt to keep lining the pockets of pompous partners like 92, even if you had been working your butt off instead of sitting on it), and then take the money and run!
- NYC Biglaw Associate, and so ready to be cut with severance!
Morons. I think you all should lose your jobs for your obnoxious attitudes. Dwight Schrute, Schrute Farms