Partner Issues

Eventually, we will live in a country where we are all victims of bullying. We will all be victims of cyber-bullying or schoolyard bullying or workplace bullying. Then we can all cry about it over a glass of wine and talk about our feelings. And our evolution into France will be complete.

We’re not there yet, but a new study seems like an important data point on our slow decline into perpetual butthurt. Business Insider reports on a Career Builder survey where people in management were more likely to say that they had been bullied at work (27%) than people in entry-level jobs (26%).

Now sure, some of that is just probably due to career length. On your way up to the top (or to the middle, as it were), you probably have had more opportunities to be bullied than a new worker. But, you know, there was a time in this country when the boss wouldn’t bitch and moan about how mean other people have been to him.

That time is evidently over. My God people, you should just check out what some of these people even count as bullying…

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Every firm has its big book partners.  And the size of the book doesn’t always correlate in an obvious way to the skills of the lawyer, or even to relationships.  There are other ways to get rich…

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September is shaping up to be a busy month for law firm merger news. On the heels of the Locke Lord / Edwards Wildman deal, we’re getting word that Bingham McCutchen and Morgan Lewis have reached an agreement to merge.

The news doesn’t come as a shock. Rumors of a Bingham/Morgan combination have been circulating for months. There was talk that such a deal could trigger some partner departures, and those departures have already come to pass (presumably removing from the picture some potential objectors to a merger).

Let’s have a look at what a Morgan Bingham — or Bingham Morgan, or maybe just a bigger Morgan Lewis, if no name change takes place — might look like….

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Are the pastures greener over at Freshfields?

In case you haven’t noticed, Freshfields has been on a U.S. hiring spree lately. The Magic Circle firm has been making partners disappear from other firms left and right. It recently lured Peter Lyons away from Shearman & Sterling, his longtime professional home. That came on the heels of Freshfields picking up former Wachtell Lipton partner Mitchell Presser and former Skadden Arps partner James Douglas.

Today brings word of more high-profile hires. We’ve learned that three Fried Frank partners — former co-chair Valerie Ford Jacob and two other capital-markets partners, Paul Tropp and Michael Levitt — are decamping for Freshfields. Their bios are all gone from the Fried Frank website. One source of ours called it “a major loss for the firm.”

Is something going on at Fried Frank? It seems the firm has lost a lot of partners lately….

(Please note the UPDATES added to this post, including comment from Fried Frank.)

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Michael Allen

Ed. note: This is the latest installment in a series of posts Lateral Link’s team of expert contributors. Michael Allen is Managing Principal at Lateral Link, focusing exclusively on partner placements with Am Law 200 clients.

The stories about Biglaw over the past five years have been grim, but a closer inspection shows that despite a cacophony of daily doomsday stories from The New Republic, the Wisconsin Law Review, The Atlantic and other publications of varying quality, the future of Biglaw looks promising.

The size of modern-day, Am Law 100 firms allows them to downsize or expand as the market conditions dictate, but as a profession of perception, firms have to handle RIFs with care. Partners and clients might go next door if they doubt the capabilities of the firm. I have worked with partners before who moved simply because the perception of their firm’s stability was questioned by their clients….

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Bruce Stachenfeld

This is a continuation of the article I published in ATL two weeks ago. My previous article gave my view that the profitability metric of “Profits Per Partner” becomes in effect a master (rather than a servant) and is destructive and a root cause of some serious problems for Biglaw. In this article, I put forth a different way of doing business.

A long time ago, we at Duval & Stachenfeld decided that we would not make partnership decisions in our law firm based on a “numbers game.” Instead, we would look at the quality of the associates, and if they were qualified, we would make them partners irrespective of the effect that had on our firm economics. We have stuck to that view rigorously.

Over time we came to some realizations:

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Everybody in the Canadian legal profession knows that international firms Baker & McKenzie, Norton Rose and Dentons have set up shop in Canada. Baker & McKenzie has actually been in Toronto since 1962. Norton Rose absorbed the venerable Ogilvy Renault in 2011 before conquering the west by merging with energy powerhouse MacLeod Dixon in 2012. Dentons made its Canadian play in 2013 by merging with another long-established firm, Fraser Milner.

But how many people realize that there are several other prominent U.S./international firms working somewhat under the radar in the Canadian market? Powerhouses like Paul Weiss, Shearman & Sterling and Skadden Arps all have small Canadian offices where they service mostly American clients. Similarly, Dorsey & Whitney, Hodgson Russ, Dickinson Wright, Fragomen, and Clyde and Co. all have small Canadian presences.

By my count, that’s eleven U.S./international firms that have a real footprint in Canada, which leads to this question: why aren’t there more? Canada is a G8 nation with a strong economy. Our citizens are warm and friendly. We wear deodorant. Why have you forsaken us, international law firms?

Here’s what I dug up:

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There’s no Biglaw intercity rivalry that can match the one between London’s venerable Magic Circle and New York’s elite white-shoe firms. Both groups of firms are the clear alpha dogs in their markets, attracting the top talent and most lucrative clients.

There are, however, some significant differences between the two groups in how they operate. For example, U.K. firms tend to follow a lockstep (rather than “eat what you kill”) compensation model. Last month, friend of ATL Bruce MacEwen took a deep dive into the relative performance over the last several years of the Magic Circle firms versus their New York cousins. The piece is highly recommended: it’s chock-full of data, and its findings suggest the groups are moving in different directions….

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A former colleague told me he spent the first few years of his career as a “soldier” for one of the powerful partners at his firm, and was ultimately driven to jump laterally at least in part to get out from under the guy’s thumb. It turns out the use of the word “soldier” wasn’t strictly a military allusion, meant [semi-] humorously to connote mindless devotion, but was actually intended more in the Sopranos vein. Or so it seemed to me anyway. Note I’ve also cast an aspersion on fraternities here, unapologetically…

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Last year, St. Martin’s Press published The Partner Track, the debut novel of lawyer Helen Wan. Writing in the Wall Street Journal, I praised the book for being engaging, suspenseful, and — unlike so many legal novels — realistic. The paperback edition of The Partner Track became available last week.

I enjoy fiction about lawyers, as both a reader and writer — my own first novel comes out in a few weeks — and I’m deeply interested in how other writers work. So I interviewed Helen Wan about her book, her approach to writing, and how she managed to write a novel while holding down a demanding job as an in-house lawyer for Time Warner. I also asked for her advice on how women and minority lawyers can succeed in Biglaw.

Here’s a (lightly edited and condensed) write-up of our conversation.

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