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Salary Cut Watch: Nixon Peabody Can, So it Did

Salary Cuts.jpgMore bad news for associates that A) enjoyed making a top of the market salary, or B) think lockstep compensation is a good idea. Nixon Peabody has joined the list a of firms cutting salaries.

The memo just went out to all associates:

The first step in our move to this new approach was a comprehensive review of base salaries for all associates. We are rolling back starting salaries to the previous level - $145,000 in Boston, DC, NY, Chicago and California (and corresponding lower levels in the rest of our US markets). This impacts current first year associates as well as our incoming summer associates and our new associates who will join us in January of 2010.

We have also reviewed base pay for the balance of our associates, making adjustments to our associates’ base pay based on individual performance and contribution to firm financial results. Base pay changes will be reflected in the May 21, 2009 paycheck. Associates will be informed of any changes to base pay beginning today.

So far, early reports indicate that some associates received a performance based pay cuts between 15% and 20%. But we did also speak to a source that did not receive any cut at all.

After the jump, Nixon Peabody takes another swing at lockstep by changing its bonus structure.

Nixon Peabody logo.JPGDespite the salary cuts, Nixon Peabody will be giving associates a chance to make the money back (and then some) come bonus time:

With our new levels of base pay in place, we will be introducing a bonus program that offers the potential of up to 30% of base pay based on firm and individual performance. We believe this innovative pay structure will reward our highest performing associates while lowering total compensation for those who perform at lower levels.

What criteria is Nixon Peabody using to make these bonus determinations?

This bonus pool will be distributed based on individual performance ratings considering a number of contributions including such things as:

* High billable hours and demonstrated core competencies
* Extraordinary contributions to the welfare and advance of the firm, the individual’s practice group, and the office, and significant development of new business
* Significant financial contributions to the success of the firm, participation and contribution to the profitability of the practice
* Development and retention of new business from current clients and new clients
* Significant leadership and participation on firm initiatives
* Outside recognition or community activities that add to the reputation of the firm, including pro bono contributions.

Anybody know a third year who is intimately involved in the “development and retention of new business?”

Source we spoke with generally felt that this was an elaborate ruse that will allow the firm to punish junior associates for not getting the client development experience that is hoarded by senior associates and junior partners.

But the most disturbing note we received was this:

It’s total BS, especially since the Firm management is only doing it because they can. They specifically told us they didn’t NEED to do it, but if other firms would do it, they would to be in line with the market.

Nixon Peabody is most certainly not in line with the market. Only a few firms have cut salaries at this point. Maybe Nixon thinks it can be a market leader in cutting salaries?

Above the Law received this statement from Nixon Peabody’s managing partner, Richard F. Langan:

Nixon Peabody LLP has taken measures over the past several months to review its cost of doing business while keeping its commitment to providing extraordinary client service. To maintain staffing levels in the best interest of our clients, we have decided to reduce starting compensation levels for incoming associates and summer associates to $145,000 in major financial centers with related reductions in associate compensation throughout the firm’s U.S. operations. Additionally, we have made downward adjustments to the base pay of our current associates based on their individual performance and contribution to our firm. Along with this change in compensation, associates will be eligible for a new bonus program, based on the firm’s financial performance, which will reward top performing associates who make extraordinary contributions to the firm. With our new bonus program and strong firm culture, we expect to attract and retain the best and brightest talent for many years to come.

Through this innovative approach to associate compensation, along with a wide range of innovative pricing arrangements to meet the varied needs of our clients, we are able to continue to provide our clients with the highest level of service and lower cost practical solutions in order to meet their business needs in this challenging economic climate. We appreciate our associates’ understanding and commitment to our firm and
its future.

Paying associates like investment bankers (low base salary, high bonus potential if things go well for the employee and the company) makes a lot of sense in a down market. But will Nixon keep this “innovative approach to associate compensation” when the market turns? Or are Nixon Peabody’s performance criteria subjective enough that the firm will be easily able to choose the appropriate mix of associate winners and losers in any economy?

At most firms, lockstep compensation is still standing. But for how long?

Read the full Nixon memo below.

Earlier: Prior ATL coverage of salary cuts

NIXON PEABODY — MEMO — SALARY CUTS

In response to the global economic crisis and its impact on our clients and the legal profession, we have taken a careful look at our overall cost of doing business and have made changes that we believe will strengthen our firm over the long term. We recognize the anxiety and hardship experienced by our people and our clients at this time but also know that we have many new opportunities ahead of us.

One of the most important areas we have reviewed is associate compensation. We’ve listened to the concerns of our clients about rapidly rising compensation for our associates and the corresponding rise in billing rates. We understand the concerns our clients have as they face internal pressures to reduce costs in order to maintain or improve their competitive position. We are proud of the quality of our associates. We believe we have developed a “total compensation” approach that is aligned well with our strategy of creating a high performance culture and offering competitive pay for performance.

This approach will balance the needs of two of our core constituencies - clients and associates, and builds on the current structure that we already have in place - a lockstep approach for the first three years and then pay-for-performance for fourth years and up. We are also enhancing our bonus program to strengthen our variable pay program and ensure that our highest performers will have the potential for significant total compensation.

The first step in our move to this new approach was a comprehensive review of base salaries for all associates. We are rolling back starting salaries to the previous level - $145,000 in Boston, DC, NY, Chicago and California (and corresponding lower levels in the rest of our US markets). This impacts current first year associates as well as our incoming summer associates and our new associates who will join us in January of 2010.

We have also reviewed base pay for the balance of our associates, making adjustments to our associates’ base pay based on individual performance and contribution to firm financial results. Base pay changes will be reflected in the May 21, 2009 paycheck. Associates will be informed of any changes to base pay beginning today.

With our new levels of base pay in place, we will be introducing a bonus program that offers the potential of up to 30% of base pay based on firm and individual performance. We believe this innovative pay structure will reward our highest performing associates while lowering total compensation for those who perform at lower levels.

This bonus pool will be distributed based on individual performance ratings considering a number of contributions including such things as:

* High billable hours and demonstrated core competencies

* Extraordinary contributions to the welfare and advance of the firm, the individual’s practice group, and the office, and significant development of new business

* Significant financial contributions to the success of the firm, participation and contribution to the profitability of the practice

* Development and retention of new business from current clients and new clients

* Significant leadership and participation on firm initiatives

* Outside recognition or community activities that add to the reputation of the firm, including pro bono contributions.

We believe that this approach to associate compensation will align our compensation system and cost structure to the needs of our clients while providing appropriate rewards and incentives to our associates for exceptional client service.

The changes reflect our conclusion that the prevailing economic climate and the resultant changes in the demand for and delivery of legal services necessitate approaches that call upon each of the internal constituencies of our law firm to shoulder a portion of the burden of realigning our firm to enable us to provide extraordinary client service all the time.
___________________________________

Richard F. Langan, Jr.
Managing Partner & CEO

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