Book of Business

Ed. note: This is the latest installment in a series of posts on lateral partner moves from 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.

Home to 80 degree Januaries, the lateral market has been equally hot in L.A. to start the year. The first six weeks of the year showed unmistakable improvement over last year and even bested 2012. The national lateral market is up 43% while the Los Angeles market is up 126% from 2013. Lateral Link alone is currently working with over 200 partners with aggregated practices north of $250,000,000.

The strong Los Angeles trend is highlighted by the recent move of John Shaffer into Quinn Emanuel’s bankruptcy practice. Shaffer, one of the nation’s preeminent restructuring lawyers, should bolster an already stacked Quinn Emmanuel office.  Winston also just picked up two prominent partners, Eva Davis from Kirkland and Dan Passage from Bingham.   Last, but not least, John Gatti left Stroock for Manatt.   I predict a dozen or more significant moves over the next few months in Los Angeles alone….

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Ed. note: This is the latest installment in a series of posts on lateral partner moves from 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.

A good recruiter can identify window-shoppers. We are all tempted to do it. You walk down Rodeo Drive and on your left, the polished chassis of a Bugatti Veyron catches your eye and on your right, the muted silver of Lamborghini Veneno flickers in the sun. A Lamborghini or Bugatti would more than satiate most people, but the titans of Biglaw are always chasing that elusive Maybach Exelero and in the process, they may at the same time alienate top-tier “Lamborghini” lawyers.

This condition is endemic to some of the top Am Law 100 law firms. Despite their massive push for expansion, many firms are still hesitant to bring in outstanding lateral candidates. The process is also torturous for the candidates who go through multiple rounds of interviews before they are finally turned away for bill rate concerns or potential conflicts, not even mentioning the opportunity costs of time for everyone involved in the process…

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I wrote last week about ideas to build a book of business. My main point was to start small and branch out from there. I mentioned how, as a young and naïve (ok, ignorant) associate, I was quickly disabused of the idea that I would soon be able to waltz into Pfizer and pick up some strands of litigation.

Then I received the following email in my Gmail account. It is a well-written counterpoint to my argument. A partner in New York City argues that starting small is a recipe for staying small.

I reprint his email (largely unedited) below….

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In this new year, since there have been several columns of late of the “confessional” type, I thought I might join the bandwagon. Since the overwhelming majority of inquiries from readers regard how best to market themselves to start to build a book of business, let me tell the truth: you can’t. At least not through me, or anyone in a position like mine.

I just passed my fifth year anniversary with my company, and in that time period, I have assigned a relatively low five-figure amount of work to outside counsel. And of that amount, only a small portion went to a former colleague in my network. The rest went to counsel from a list of approved firms for particular regions of the country. My intent is not to depress you, senior associates who have just realized in 2013 that you really don’t have a book to speak of, it is to get you to read between the lines.

In other words, find the differences from whence I speak, and fill in the holes. Those spaces in between are where opportunities exist for you to start to gain your own clients….

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Tom Wallerstein

Success in Biglaw often is measured by the size of an attorney’s “book of business.” Not surprisingly, having a book of business is also the best way to ensure the success of a private practice. The bigger the book, the greater your exit options. So whether your goal is to make partner or to open your own firm, everyone knows that the key is to develop a book of business.

That is easy to say, but virtually impossible to do in a big firm setting. Many big firms handle only matters in which the amount at stake is in the millions of dollars. This means that the prospect of an associate landing such a case is slim; a client would never entrust a multi-million dollar dispute to an un-tested associate. Associates are told to attend networking events, but what is the prospect of meeting someone who just so happens to have a ten million dollar dispute laying around, and who has not yet staffed the matter, and who is willing to entrust the matter to a junior associate he just met?

Once upon a time, mentoring relationships were strong, and firms were loyal to their associates. A loyal associate could hope that the partner for whom he or she worked would encourage clients to develop a relationship with the associate and allow the associate to claim ownership of future engagements from that client. If nothing else, a loyal associate could expect to inherit clients from a retiring partner.

Alas, the traditional method of building a book of business no longer works for most associates. Firms now sometimes go so far as to actively discourage associates from forming too-strong relationships with clients, lest the associate leave and take the client with them. And even if an associate is fortunate enough to get client contact, clients are likely to develop loyalties to the partner on the matter, even if the associate is doing most of the work. Unfortunately, just because you do good work doesn’t mean that over time you will magically develop that elusive book of business.

To make matters worse, it’s often impossible to predict future business, especially for litigators. If a client hires you for a patent dispute and pays you $1 million in fees in 2011 before the case settles, does that mean you have a $1 million book of business, even if you have no reason to expect any business from that client in 2012? How can you guarantee repeat business from any client, especially in litigation? Do you need a three or five year average? Those are long time frames for associates.

With all these challenges, how can an associate ever hope to make the rain they will need if they want to open their own firm?

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