Above the Law

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As 2013 draws to a close, let’s look back at the 10 biggest stories in the legal profession over the past year. This is an annual tradition here at Above the Law, which we’ve done in 2012, 2011, 2010, and 2009. We’ll fire up the old Google Analytics machine to get data on our most popular posts, based on pageviews, and share the results with you.

Before turning to specific stories, let’s look at the top general discussion topics here at ATL. For 2013, our most trafficked category page was Biglaw, which bumped Law Schools out of the top spot — a spot that Law Schools held from 2010 through 2012. Now that the word is out about the perils of getting a law degree, leading to plummeting applications, perhaps it’s time to move on from the “don’t go to law school” narrative.

After Biglaw and Law Schools, our third most-popular category page was, as usual, Bonuses. This wasn’t a terribly exciting year for bonuses — there were no spring bonuses, and Cravath and its many followers paid out the same bonuses as last year — but people still want to know the score.

Our fourth most-popular category page was small law firms. Small firms, including boutiques, are an area of increasing focus and readership for us — and also where many of the job opportunities are these days.

Moving on from the topic pages, what were the 10 most popular individual posts at Above the Law in 2013?

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In an era when “disruption” is celebrated, the world of large law firms is one of the last redoubts of conventional wisdom. For a uniquely rule- and precedent-bound profession, this makes sense. Biglaw’s conventional wisdom has the added virtue of being reliable. For example, we can count on Cravath taking the lead — at least chronologically — on bonuses, and for DLA Piper to have the most random Third developing-world offices.

Another reflection of conventional wisdom is the way in which Biglaw lends itself to — and revels in — superlatives and rankings. There tends to be a generally acknowledged and perennially dominant player (or a few) in most practice areas: Wachtell Lipton for M&A, Weil Gotshal for Chapter 11 work, Patton Boggs for lobbying, and so forth. There’s no doubt that many worthy firms get overlooked.

Last year we took a look at which firms’ practice groups were considered “underrated” by peers in the field. Among the notable 2012 nominees: Cahill for corporate law, Arnold & Porter in litigation, and Proskauer for its bankruptcy and tax practices.

We wondered whether the same practice groups were still considered by practitioners to be unfairly underrated. Or are there other firms deserving more recognition?

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Lat here. Going into the 2013 Biglaw bonus season, indicators were looking mixed.

Cravath, the supremely prestigious and profitable law firm that’s the traditional market leader on bonuses — as in the firm most widely followed by other firms, not necessarily the firm that pays the biggest bonuses — announced another large partner class. Last year, that boded well for bonuses.

On the other hand, Biglaw’s overall performance has been somewhat anemic this year. The stock market might be hitting new highs, but many law firms are running in place.

People have been waiting forever for Cravath to make its big announcement. Now the wait is over: at 4:45 p.m. today, Cravath announced its 2013 year-end bonuses.

How are they looking? What’s getting stuffed inside associate stockings this holiday season?

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It’s Tuesday, November 26, past 5 p.m. Do you know where your bonus is?

When we surveyed our readership about 2013 law firm bonuses, 57 percent of respondents predicted that the first firm (traditionally Cravath) would announce during the week of Thanksgiving. That’s basically over. It’s theoretically possible we could get an announcement later tonight or sometime tomorrow, but it seems unlikely.

So what’s going on? Where. Are. The bonuses?

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Ed. note: This is the latest installment in a series from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” takes a thoughtful look at recruiting, career paths, professional development, human capital, and related issues. Some of these pieces have previously appeared, in slightly different form, on AdamSmithEsq.com.

For years, I’ve been hearing firms describe their cultures as “entrepreneurial,” and I hardly paid the slightest attention. Like “collegial” or “collaborative,” it just seemed like so much white noise. Then finally I heard it once too often and had to face cold reality: I had absolutely no idea what these people — a lot of smart, articulate people — were talking about.

Let’s go to the dictionary, where we find:

/äntrəprə no͝orēəl/

1. characterized by the taking of financial risks in the hope of profit; enterprising

Other notions orbiting around the concept of entrepreneurism include engaging in genuine innovation and invention (to the extreme of shattering the status quo), proceeding decisively in the face of profound ambiguity and uncertainty, and shouldering the personal risk of sacrificing years of reliable income provided by others for whatever rewards you can persuade the market to deliver — with a meaningful risk those rewards could be nonexistent.

This is an audience participation column, so I ask you this: Would you describe your own firm as “entrepreneurial?” Are there firms you admire or look down upon that you’d describe as “entrepreneurial?” What mental image or behavior, what cultural archetype or partner personality type, pops into your mind when “entrepreneurial” is used to describe a firm?

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It’s nearly that time of year, when all the grueling hours that Biglaw associates have put in will pay off in the form of fat bonuses. Or don’t pay off, with miserly bonuses, or nothing at all. Or something in between? Point being, we have no idea how the 2013 bonus season will play out. Presumably, the answer is buried somewhere deep in Allen Parker’s unknowable heart.

The signs thus far are not especially encouraging, at least for those with a vested interest. (Admittedly, for most, this is all much ado about white-shoe people problems.)

Yes, Cravath might be doing well, at least if its large partner class is any indication. But on the subject of law firm 2013 profits in general, the Citi Bank Private Law Firm Group’s report on the first half of the year concluded:

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Partnership at Cravath: Biglaw’s ultimate brass ring.

Working at Cravath, Swaine & Moore offers many advantages. The work is interesting and cutting-edge. The exit opportunities are unmatched. The pay and prestige are great (even though, as we’ve repeatedly emphasized, Biglaw isn’t all about the benjamins).

One of the distinctive features of Cravath is the “Cravath system,” in which associates work closely with a particular partner (or small group of partners) before rotating into another area to work with a different partner. This system produces well-rounded and well-trained lawyers. According to the results of our associate survey — please take it if you haven’t already done so — Cravath is the #1 firm for training corporate lawyers and the #2 firm for training litigators.

Of course, Cravath has its downsides; the firm is not for everyone. The hours are long, even by Biglaw standards. The atmosphere is intense; it’s not a laid-back sort of place. And historically partnership prospects haven’t been great, due to the sheer selectivity of the CSM partnership.

But are partnership prospects improving? For the third year in a row, Cravath has named a large number of new partners. How many of them are there? Might you know some of them?

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Last week we took a look at how Biglaw’s litigation departments stack up against one another in terms of compensation, training, firm morale, hours, and culture.

Today, we turn toward the other major category of Biglaw practitioners: corporate/transactional attorneys. Unlike litigators, about whom the public at least has some notion, however distorted, of what they do, most people have no clue what corporate lawyers are up to. No young person daydreams about “facilitating a business transaction,” while there are some who aspire to argue in a courtroom. As noted last week, this litigation/corporate information imbalance is reinforced by the law school curriculum, which remains largely beholden to the case method of instruction.

When comparing the experiences of corporate lawyers versus litigators, there is a familiar litany of pro and cons:

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The popular conception of “lawyer” — as seen on television and in the movies — is that of a litigator. Understandably, law students are also susceptible to this view and will be so as long as the case method remains the pedagogy of choice in law school. Cases, by definition, are always about litigation. Both popular culture and the law school curriculum show lawyers most often in court or, at least, investigating the facts of the case. However, the truth of litigation practice is very different: the overwhelming majority of litigators’ work takes place outside the courtroom. Never mind that upwards of 90 percent of all lawsuits settle before trial or that most litigators’ spend their actual in-court time arguing procedural motions rather than the substance of the dispute. Oh, and there’s also doc review.

Anyway, most new associates and law students who aspire to Biglaw are going to be confronted with a question. To grossly generalize and simplify: am I a litigator or a transactional attorney? Many would say that there are distinct personality types best suited for each. Are you a win-lose kind of person or a win-win kind of person? Do you enjoy confrontation? Do you care if you ever see the inside of a courtroom? How important is the predictability of your schedule? And so on. (Of course we must acknowledge that wrestling over such questions is the classic “luxury problem.” For the majority of law students, what follows is, at most, of voyeuristic interest.)

For those in a position to choose, which Biglaw shop’s litigation departments offer the highest quality of life? We’ve dug into our survey data for answers…

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Washington, DC is often derided as a contemptible swamp full of power-mad squabblers and greedy leeches. And we don’t dispute that. The nation’s capital can be fairly awful when viewed through certain lenses. Still, if you can overlook the pettiness and the posturing, there’s a lot to love about Washington. And a lot of love in Washington, as demonstrated by the newlyweds featured below. All three of these über-impressive couples live and work in and around DC, and we think you’ll agree that any town that’s attracting such gifted, ambitious young people can’t be all bad.

Our finalists:

Jane Kucera and Paul Nitze

Anne Pierson and Robert Allen

Kate Heinzelman and Jonathan Cooper

Read on for more about these legal-eagle lovebirds and their delectable résumés.

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