Billable Hours

Not to be all on Catherine Rampell’s jock today, but the other thing I read in the Economix while I was catching up on the internet seemed far more interesting than imagining Shearman & Sterling partners bitch about how flat profits per partner left them with only $1.56 million, on average, to play around with in 2011.

On the one hand, it’s an obvious point: a study about the most “sleep-deprived” professions found lawyers to average only 7 hours of sleep a night. Only “home health aides” received less sleep.

It doesn’t come as a galloping shock to anybody that lawyers average less sleep than almost anybody else. What did surprise me was the figure. What the hell kind of lazy lawyer is getting seven entire hours of sleep every day?

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For attorneys who bill by the hour, one of the less enjoyable aspects of the job is recording time. For many associates, entering time is a necessary evil done only under coercion. The process also can be fraught with pressure. Associates know that all too often their worth might be measured by their billable hours.

Of course, for big and small firms alike, we tolerate the timesheets because they are our firms’ lifeblood. Recording our time enables our firms to generate their invoices. The inherent purpose of entering our time is to generate this request for payment.

But an invoice can and should do much more, especially for a small firm or solo practice….

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We tend to think of the biggest Biglaw firms as “sweatshops,” while we view small firms, midsize or regional firms, or even Am Law 200 firms as “lifestyle” shops. The thought is that the big bad firms that service Wall Street clients will grind you up and spit you out, while somewhat smaller firms will allow you to have a normal life as you pursue your career.

It’s a great story, but it’s not necessarily a true one. Sometimes working at a smaller firm or a regional firm just means the same work with more pressure and less pay. Attorneys at such firms, whether partners or associates, don’t always have the kind of resources that Biglaw attorneys enjoy. There aren’t multiple layers of staffing available to double- or triple-check every document. It’s a lot of stress.

And stress can be just as deleterious to your health when working at a regional firm as it is when you work for a truly huge firm. This week, we’ve been fielding a bunch of reports about an associate who passed away at home after working what some tipsters report as maniac hours at his regional law firm the week before.

It’s a sad story, one that some accuse the law firm of trying to cover up, but it’s another opportunity for us to remind readers to take care of themselves even when work seems overwhelming…

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On Monday, as the world was learning about Justice Stephen Breyer getting robbed at machete-point, fellow Justice Antonin Scalia was getting cozy in the hallowed halls of the University of Chicago Law School.

A few years ago, Scalia criticized the law school’s political drift to the left. But just before Valentine’s Day, they kissed and made up. On Monday, Scalia gave a speech at U. Chicago, where he used to teach (and served as faculty advisor to the Federalist Society). He also offered some, how shall we say, unexpected career advice for attorneys who are just starting out….

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Hands off the dancers, sir.

Our latest Biglaw blind item concerns the sighting of a partner at a strip club.

Right now you’re probably thinking: yawn. A law firm partner at a strip club? As they say, it happens every day (or night — and often gets billed to “business development”).

But there are a few more details that make this item noteworthy….

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Tomorrow, associates at Goodwin Procter will receive individualized news of their bonuses. You may recall that last month, when ATL’s new director of research, Brian Dalton, compiled a list of Biglaw’s ten most generous firms — i.e., the ten firms that pay the best bonuses, when measured against their profits per partner — Goodwin did good, winning fourth place. (The firm fares well in rankings; last month, it made Crain’s list of best places to work in New York.)

Will this year’s bonuses preserve Goodwin’s good standing? Let’s find out. Although the individual amounts are being communicated tomorrow, the firm has outlined its overall approach in a memo….

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The other day, I was at dinner with some Biglaw friends. While I prefer to associate only with my small-firm kin, I needed someone to pick up the check. And, I thought I could do some missionary work and convert my friends in to small-firm lawyers (so I could mine them for story ideas, obviously).

Something unexpected happened during dinner. One of my friends asked me why I believe small-firm life is so different from Biglaw. I went through my standard list of reasons: quality of life, money, autonomy, mentoring, etc. I even cited Tom Wallerstein’s Top Ten.

That was where things took an unexpected turn: my friend did not buy it. Indeed, by the end of our dinner he had me questioning my beliefs. Does size matter, I thought? Needless to say, as a woman who has devoted her “career” to writing about small-firm life, this experience shook me to my core.

Let’s see if you can help me make sense of that night….

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We’re still catching up on bonus news that broke over the holidays. Remember, if we missed your firm, please let us know at tips@abovethelaw.com.

Just after Christmas, Dechert announced its 2011 end-of-year bonuses. I guess you’d call it a “match” of the Cleary Gottlieb scale. Dechert is paying a pro-rated bonus to first-year associates and has a top payment of $42,500 for very senior associates.

But Dechert isn’t a lockstep firm. You have to meet a requirement in order to get the bonus. That requirement looks very much like an hours requirement, but Dechert doesn’t want you (or its clients) to think that they have an hours requirement — so they have some kind of nebulous performance requirement that can most easily be defined with reference to hours.

Oh, and they’ll dock you if you didn’t input your time, on time, throughout the year….

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Tom Wallerstein

When I started my firm, several mentors gave me the same advice: Don’t work for free. It’s easy to see the problem with working for free. Giving away what you’re trying to sell isn’t exactly in the business plan. Unfortunately, this sage advice can only really be learned the hard way, through experience.

Working for free can arise in many different ways. The most obvious example is a client who wants you to represent him but can only promise to pay you later.

Even if your gut tells you that taking on that client is a bad idea, this can be surprisingly tempting to a new firm or solo practice. For starters, there is such a thrill with getting your first client, or your first “real” client, or your first big client, or your first whatever client, that the excitement can cloud your better judgment. You will be tempted to overlook the red flags that you will not be paid for your work….

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Tom Wallerstein

Recently, someone remarked to me that the week after Christmas is a “dead week.” He meant that many people take the week off, many companies are short staffed, and business generally is light.

When I was in Biglaw, I always worked the week after Christmas. Even though most partners wouldn’t be around, I figured that left it up to me to make sure my cases were being handled properly. With hindsight, I know that I probably wasn’t quite as essential as I thought, but that was my attitude at the time.

Now that I am a partner in my own firm, you might think that I can finally relax and let my associates mind the store. Negative. First, I care about my associates’ quality of (work) life. Having spent years in Biglaw, I am committed to trying to lessen at least some of the unpleasantness that often entails. So I want my employees to be able to take time off, or at least work a lighter schedule, during a week that is traditionally light. Second, running my own firm just raises the stakes. Now I really do have ultimate responsibility for all my cases, so I feel even more pressure to work harder and better than ever before.

So much for a dead week. Still, the comment got me thinking about what it means to be “swamped” with work versus having a “dead week,” and how those concepts differ when applied to Biglaw versus a running a solo or small firm practice….

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