To pass the time while commuting, I like to listen to podcasts. If ATL had a podcast I would add that to my listening rotation (especially if Lat is able to pull in sitting judges to guest host or as interview subjects). But this is not a column about podcasts. Though the idea for this contest came from a podcast I was listening to, the B.S. Report with Bill Simmons. The host was interviewing a former ESPN colleague, and they were discussing how certain statistics in baseball are misleading.
An example? Wins for pitchers. Apparently there is a movement to abolish that statistic. Why? Because a pitcher can pitch a terrible game, and still come away with the win, assuming his lineup bails him out. Conversely, a pitcher can pitch a beautiful game, and lose just because his hitters decide to approach their at-bats like the pudgy partner from bankruptcy at the annual intra-firm softball game. To prove the limited utility of using wins as a proxy for determining who is the best pitcher, consider the following. By nearly all accounts, Clayton Kershaw of the L.A. Dodgers is the single most dominant pitcher in baseball today. Unsurprisingly, he is reportedly in line for the richest (around $30 million a year or so) contract extension for a pitcher — ever. But he has fewer wins this season (so far) than Bartolo Colon, a 40-year-old journeyman pitcher (on his sixth team, and nearly a decade removed from his last All-Star game appearance), who is making non-equity service partner money ($3 million) by baseball standards. Wins simply do not tell the whole story.
Biglaw has its share of statistical shortcomings….
Here’s an interesting irony: some of the Biglaw firms that spend the least amount of time thinking about money are the ones that enjoy the most of it. A number of super-elite New York law firms have lockstep compensation systems, in which partners are paid purely based on seniority, and these firms are among the most profitable in the country. These firms focus on doing great work for their clients, not on divvying up the spoils from such work — and, in the end, there’s more than enough filthy lucre to keep everyone smelling like money.
On an individual level, some of the wealthiest lawyers in Biglaw — the ones who make partner, and remain partner, for years and years — don’t fixate much on money either. They focus instead on their work, which they seem to just love (often more than any hobbies, and sometimes more than their families). As for the money, well, it just comes — in copious quantities.
Back in 2009, when killing lockstep was all the rage, a number of large law firms announced that they would be moving to some form of a merit-based compensation system. Now that we’re a few years into those systems, how many firms have stuck with the plan? And which systems do associates prefer?
Of the 86 distinct Biglaw firms at which survey respondents work, 63% of the firms pay base salaries on a lockstep system, and the remaining 37% of firms use a merit-based system or hybrid-lockstep system for paying base salaries. The vast majority of respondents, 70%, say they prefer the lockstep model for base salaries because of its transparency and predictability.
For year-end bonuses, 70% of the firms utilize a merit-based or hybrid-lockstep system, while 30% have a lockstep system based either on class year or billable hours. According to 62% of respondents, the most preferred type of year-end bonus allocation system is a merit-based or hybrid-lockstep system.
After the jump, find out how various combinations of compensation systems measure up against market.
The official title of the NALPconference panel that I attended on merit-based compensation contained a playful shout-out to Sarah Palin: “How Is That Performance-Based Compensation System Working for Ya?”
The panel was originally supposed to have featured a representative of the now-defunct Howrey law firm. So the snarky answer to the question presented might be, “Not well.” (In fairness to merit-based compensation, however, Howrey’s dissolution didn’t have much to do with its model for training, promoting, and compensating associates.)
No mention of Howrey was made during the introductory remarks (or anywhere else in the discussion, for that matter). Rather, the panel focused on the positive — and offered useful advice for firms that are contemplating adoption of performance-based systems….
In the throes of the recession, many Biglaw firms jumped on the bandwagon to kill lockstep compensation in favor of a more merit-based system (though some have already fallen off the bandwagon). With a variety of compensation models currently in use among firms today, we want to hear from you about how you get compensated at your firm — and how you prefer to get compensated.
Please take our short survey, brought to you by Lateral Link, and tell us how you are compensated at your firm. Then check back later for the survey results. As always, your survey responses will be kept completely confidential.
Well that didn’t take long, did it? On Tuesday afternoon, we wrote about associates at Winston & Strawn who were upset over the lack of news on seniority-based salary bumps. Since we’re well into a new year, associates at top law firms should be getting raises, with first-years becoming second-years ($160K to $170K), second-years becoming third-years ($170K to $185), etc. But the Winston tipsters hadn’t heard anything — even though historically they’ve received pay raise news in early February, and now it’s mid-March.
Today, however, the Winston associates received some good news — very good news, in fact. “Salary memos went out today,” one Winston source reported. “The bottom line is that those who were not at market rate now are. They’ve abandoned the ‘merits-based’ system and have gone back to lockstep.”
Wow. Is merit-based compensation becoming a casualty of the economic recovery? Back when merit-based systems were all the rage, we created a category on ATL called Killing Lockstep. Perhaps now it’s time to create ones called Killing Killing Lockstep, or Lockstep Resurrected?
Regardless of whether or not this becomes a trend throughout Biglaw, Winston associates are happy — and grateful….
Morgan Lewis & Bockius associates: your long nightmare might be at an end. All the way back in July of 2009, MLB became one of the first firms to announce its intention to do away with lockstep compensation. Back then, the firm was still in the teeth of the recession, it had canceled its 2010 summer program, and at MLB (and firms around the country) killing lockstep and moving towards a low base-salary, high merit-based bonus structure for associates seemed like an appealing way to reduce employee costs.
But months and months passed without MLB actually implementing anything. We kept hearing vague “details” about the new merit-based system, but nothing actually became formalized, even as other firms went full steam ahead into the merit-based unknown.
Well, the uncertainty is over. At a video-conference yesterday, Morgan Lewis chairman Francis M. Milone announced that the firm is mothballing plans to move towards a fully merit-based system for associate compensation and development. At least not in the three-tier, random factors for advancement, format that some firms rushed to implement in 2009.
Oh, and bonuses are supposed to “substantially larger” than last year for MLB associates…
While expressing a commitment to maintain its new, incredibly transparent, merit-based salary structure, Orrick is moving its base salary back to reaffirming its commitment to $160,000 for first-year associates working in major markets. That’s right, the time for $145K in big offices is almost at an end.
UPDATE: Initially spokespeople from Orrick termed the move as one back to $160K, but our previous reporting didn’t indicate that Orrick ever came off the $160K starting salary — even after its switch to merit-based compensation. Sources now confirm that Orrick was at $160K all along; today’s salary announcement will primarily affect veteran associates.
From the memo associates received from Orrick’s CEO, Ralph Baxter:
I am pleased to announce an increase to our 2011 base salary schedule for partner track associates in our US offices. This salary schedule will be effective January 1, 2011. We will continue to monitor the legal market and will make any further adjustments necessary to remain competitive.
This change in our salary scale reinforces our continued commitment to be competitive with the world’s leading law firms and to attract and retain the best legal talent. We will continue to ensure that your total compensation reflects the increasing value you contribute to our clients and the firm through the new talent model’s performance-based career progression and bonuses that are driven by merit rather than solely by billable hours.
And there’s more good news: Orrick bumped up each of its associate “tier” levels. This means that, assuming Orrick associates get promoted “on time” relative to their peers at lockstep firms, Orrick’s base salary will once again match the market…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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