Partner Issues

We frequently discuss the various issues that women face in Biglaw. Whether it’s a lack of salary parity, a lack of leadership roles, a lack of understanding that sometimes women have babies, or a lack of opportunities for promotion to partner, women just can’t seem to get the respect that they deserve.

And maybe that’s just because, like it or not, much of Biglaw is still a good ol’ boys’ club. After all, it’s not too often you hear men complaining about the fact that they’ve been passed over for partner year after year after year, or that they aren’t paid on par with their female colleagues.

One major firm’s satellite office seems to be a case study on this subject….

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The Beresford, at 211 Central Park West.

Renowned diplomat Richard Holbrooke, who came very close to becoming Secretary of State, passed away in December 2010. His wife, noted journalist Kati Marton, recently sold the magnificent apartment they shared at the Beresford, the legendary prewar co-op on Manhattan’s Upper West Side.

Over the years, as noted in the building’s Wikipedia entry, the Beresford has been called home by such celebrities as “comedian Jerry Seinfeld, singer Diana Ross, tennis player John McEnroe, Citigroup CEO Vikram Pandit, actor Tony Randall, and musician Laura Nyro.” (I was going to say that Nyro’s publicist must be a Wikipedia admin, but it seems that Nyro passed away back in 1997.)

UPDATE (1/16/2013, 11:45 AM): We just heard from a longtime Beresford resident who advises us that Diana Ross never lived in the building (although the Diana Ross Playground is across the street).

Now the Beresford will be graced by a former Biglaw partner, who bought Holbrooke’s home for an eight-figure sum. Sharing an elevator with Jerry Seinfeld will be….

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On the transactional side, things seem to be going gangbusters for Skadden Arps. As we noted yesterday, the firm took the top spot in three separate rankings of 2012 M&A work. In 2011, a different firm sat atop each set of rankings, but in 2012, Skadden ruled them all.

On the litigation side, though, the new year has brought new headaches for Skadden. Earlier this month, a high-profile partner at the firm, along with another partner and an associate, got hit with a big benchslap. A federal judge issued an order to show cause, asking the Skadden lawyers to explain why they should not be sanctioned, and set “a status hearing in open court…. [at which the attorneys] are all directed to appear in person.” Ouch.

Skadden recently filed its response to the OSC. Let’s review the benchslap, then see what the Skadden lawyers had to say for themselves….

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Last week I spoke with an In-House Insider, a Biglaw refugee turned in-house counsel. You can see what our Insider has to say about the state of Biglaw and client relations here and below.

As with the initial installment, the only changes I made to the Insider’s words were those done to protect their identity, and the Insider was given the opportunity to revise their points once I added the questions and commentary.

Again, I thank the Insider for the candid observations and thoughtful opinions on these core issues. Now, on to the discussion….

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The grass isn’t quite this green in the ‘new normal.’

In a piece from last month, New York Times columnist Paul Krugman wondered: Is Growth Over? One could very easily take this question, posed with respect to the broader economy, and apply it to the world of large law firms.

And what would the answer be? According to a client advisory just issued by Citi Private Bank and Hildebrandt Consulting, “Probably.”

Their analysis is gloomy, although guardedly so; we’re not talking about “the sky is falling” pronouncements. Let’s take a look at the specifics….

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When I worked at a law firm, I knew that lawyers’ responses to audit letters — in which the firm confirms to auditors the status of litigation pending against a client — were a massive waste of time.

Firm policy dictated that we would speak only pablum in response to audit letters. We would identify each case by name, court, and number; explain that a complaint had been filed; list the causes of action; say where we stood in discovery and whether a trial date had been set; and then say that we didn’t have a clue who would win. (If we thought that the client’s chance of losing was either “probable” or “remote,” we were required to say so. I’m not sure we ever saw such a case.)

Every once in a while, a junior associate would receive an audit letter and write a real response to it — analyzing the lawsuit, the tactics, and who would win. When the powers that be learned about that mistake, there’d be hell to pay: “How could you write those things? Didn’t you run this past an audit letter review partner? We don’t actually provide information in those responses, you fool! Never do this again!”

As a partner at a firm, I knew that responding to audit letters was an expensive nuisance: A full-time audit letter assistant cranked out first drafts of responses to the letters. (That’s all she did, eight hours per day, 52 weeks per year — honest.) The appropriate client relationship partner reviewed each draft. An “audit letter review partner” (I had the misfortune to be one of those for four or five years) took another pass at the thing. Only then — after the letter had been stripped of all content — did the response go out the door. That was an awful lot of time and money invested to insure that the firm didn’t accidentally say something.

But I always assumed that someone — the client, the auditors, someone — thought those ridiculous letters served a purpose. Now I’ve gone in-house, and it turns out that audit letters serve no purpose at all. . . .

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What does 2013 hold for the world of large law firms? Let’s look into our crystal ball.

Actually, scratch that. Making predictions is a tricky business. Sometimes we’re right — like when we predicted robust bonuses out of Cravath, based on their large partner class — but sometimes we’re wrong.

For now, let’s keep our powder dry, and instead check out historical data about hours, billing rates, and corporate legal spending. Can we gain any insight into the future by looking back over the past?

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This is a lot safer when Mom and Dad are holding you up.

I get pretty annoyed when the state tries to act like everybody’s mother. But the worst application of the “nanny state” is when the state actually supersedes the judgment of a caring parent. It just makes it worse when the government tries to ruin a family’s holiday season.

This summer, we had a report about a partner who was accused of providing alcohol for his daughter and a bunch of her friends during a party for her graduation. The charge has since been dismissed. Today, a tipster sent us a link about another Biglaw partner who has been charged with providing alcohol to her teenage daughter and some of her daughter’s friends, this time at a New Year’s Eve party.

Can we take a step back and ask why the government is running around charging people for letting teenagers drink at family parties?

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Ed. note: This is a new series from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” will take 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.

Three years ago I published What Laterals Need to Know: A Modest Proposal, which essayed the thought that firms had an obligation to disclose certain information about the firm in advance to a prospective lateral partner.

At the time I wrote, I treated it more or less as a thought experiment, but we now see that shirking that obligation can come back to bite firms with sharp and large teeth right here in the real world, as seen in Henry Bunsow’s high-profile suit against Dewey’s former leadership (accusing them of running a “Ponzi scheme,” and alleging he’s out $1.8-million in lost capital, among other damages). The gist of Bunsow’s action is that Dewey’s leadership painted a misleadingly rosy picture of Dewey’s financial health, and failed to disclose its obligations in deferred compensation. Bunsow further alleges that former chairman Stephen Davis withdrew his own capital investment after he was forced out of his leadership role and “took those funds personally to the disadvantage of the firm and his fellow partners.”

My three-year-old proposal was that firms be obliged to prepare the equivalent of a Private Placement Memorandum for laterals — equally available to incumbent partners as well, of course.

I also noted that the reaction of most readers would probably fall into polar camps: That my proposal was “fascinating” or else “preposterous”….

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Congratulations! You made it!

Few people are happier about the world’s surviving the Mayan Apocalypse than new partners at top law firms. Can you imagine slaving away in Biglaw for almost (or even over) a decade, finally winning election to the partnership in late 2012, and then having the world end before your hard-won partner status took effect?

Fortunately that didn’t happen. Heck, we didn’t even go over the fiscal cliff. But some people will have to pay higher taxes this year (and for many years to come).

Like these people: the talented and hardworking lawyers who, as of January 1, 2013, became partners of their respective law firms. Let’s find out who they are, so we can congratulate them….

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