Killing Lockstep

We’re getting back into the Biglaw bonus beat here at Above the Law. Yesterday, for example, we covered Winston & Strawn’s bonus news.

Today we’ll take a look at bonuses over at Baker Botts. Is it true that everything is bigger in Texas?

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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.

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The official title of the NALP conference 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….

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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.

Check out the survey, after the jump.

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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….

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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…

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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…

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It must be a slow news week over in mainstream media land. Earlier this week, the New York Times did a survey piece about American salary cuts that tangentially touched on lawyer salaries — old news for people on top of the legal market, but probably new to a more general audience.

Today, the Boston Globe is getting in on the lawyer pay action. Its report focuses on the move towards merit-based associate compensation that’s been happening for at least a year:

Boston’s top law firms are dramatically changing how they pay young lawyers, adapting to a changing market by adopting Wall Street-style compensation systems that rely on performance bonuses for large shares of annual earnings.

Major law firms have traditionally hired junior lawyers at six-figure salaries and awarded annual increases based on the number of years at the firm, a system known as “lockstep.’’ But several of Boston’s largest and best-known firms are telling associates that they no longer can count on automatic raises. Instead, they will receive salaries and bonuses based on how partners assess their performance.

Wall Street-style compensation, is it? Well then, I guess we should expect bonuses in Boston this year to be all over the map, instead of in strict lockstep with what peer firms end up paying…

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We’ve done a number of reports over the last few weeks on salary cuts of 2009 that are being reversed in 2010. Sure, some firms are still trying to be cute when it comes to associate pay. But many Biglaw firms are back on the $160K scale for associate salaries, at least in major markets.

Apparently Foley & Lardner hasn’t received the memo. While New York associates will start at $160K, associates in other big-market Foley offices (like D.C., California, and Chicago) remain stuck at $145K.

We’re not exactly sure why….

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Back in November, Baker Botts told us that they would be moving away from a lockstep associate compensation system and instituting a new merit-based system. Yesterday the firm released the base salary levels for its new four-tiered system. Here’s the statement from the firm regarding the basic changes:

The next phase of a talent management program — moving from a lockstep to levels format to track associate progress at the firm — was announced today by Baker Botts Managing Partner Walt Smith. This new format is the latest enhancement of a multi-year plan to better manage associate development at all experience levels.

“Implementing this program will allow us to remain competitive in our efforts to recruit and retain the best and brightest lawyers,” Smith said. “Importantly, it will help us foster an environment that emphasizes the attributes we believe are essential to our firm’s culture.”…

The compensation aspects of the program will be effective August 1, 2010. Base annual salary for entry-level lawyers will remain at $160,000.

The firm wouldn’t officially release the salary levels for more senior associates, but tipsters gave us the inside scoop…

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It started with DLA Piper. After offering recession salaries to associates for a while under the guise of merit-based compensation, DLA relented earlier this month and restored the $160K base salary scale to its associates. Yesterday, WilmerHale announced that while it too is going forward with a merit-based compensation plan, it will be offering base salaries along the established $160K scale.

It seems that this little experiment of using merit-based compensation to undercut the market for base associate salaries is dying a quiet death. Today we have news that Akin Gump’s 2011 compensation model will once again include base salaries that match the market and are not tied to performance.

And even better, a tipster reports that all Akin Gump offices will be put on the New York market, $160K scale — which should represent a significant bump in salary for some associates…

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The heady days of the “mutual assured destruction” approach to associate compensation by Biglaw firms are behind us. But some associates would still like to see how they are doing in comparison to their colleagues at other firms. A tipster recently wrote us:

Can you do a post requesting commenters to post grade schedules a la greedyassociates back in the day showing salary per year. This would make comparisons easier. I’ll start:

Sheppard Mullin
1st year 145K
2nd 160
3rd 170
4th 185
5th 210
6th 225
then it gets vague with a range from 240-265K.

Some of this information is available in the firm profiles on the Above the Law Career Center. But as good greedy Sheppard-ite must know, comparing salaries is much more complicated these days due to some firms instituting merit-based compensation models.

WilmerHale is one of those firms. Yesterday, Wilmer released its projected salary structure for 2011. We’ll see if it’s a merit-based market leader…

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