Buying In

The recent survey on partner compensation conducted by Major, Lindsey & Africa, which I discussed last week, is full of interesting information. First off, I never really knew how many Biglaw partners there are. The answer? Around 75,000, which includes partners from all firms ranked on the Am Law 200, NLJ 350, or Global 100 in the last five years. Throw in another 1,000 or so partners who were Biglaw partners but left to form high-end boutiques — not included in the survey, but I consider them Biglaw partners since they typically work for similar clients — and you still have a pretty small number relative to the number of lawyers in the world. The figure of 75,000 amounts to less than two years’ worth of new U.S. law school graduates.

Very interesting, especially considering the forty-year-or-so age spread between active partners. Seriously, how realistic is it for any one law graduate (irrespective of pedigree) to think they will beat the odds and eventually make partner? So many things need to go right — it is amazing.

Here’s one surprising aspect of the MLA survey….

double red triangle arrows Continue reading “Buying In: Partner Paydays (Part 2)”

Lat had it right last week. There is a big, and growing, partner compensation spread at nearly all Biglaw shops. And as I mentioned in an earlier column, it is not uncommon to make partner and not see a bump in guaranteed pay at all. Factor in the additional expenses Lat references, such as tax and insurance outlays, and the first few years of partnership can be a net loss for some partners. Even if you finance your buy-in. And especially if you were the beneficiary of some big bonuses, for the suicidal hours you had just put in (big profits for your Biglaw firm!) as a counsel or senior associate in order to get elected.

So please don’t assume that every one of the people you see named as new Biglaw partners (usually in a breathless press release, and sometimes even with an ad in the American Lawyer) are signing contracts for their dream “lawyerly lairs” straightaway. If they are, it’s because they have family money or are a two-professional, no-kid type-family. Otherwise, they are headed for some tight times once they realize that they have to pay federal taxes (including Medicare and Social Security), state taxes (often in every state their firm operates), local taxes (for their beautiful new property), and a real accountant who can figure the whole mess out for them.

Most people don’t realize this, and Biglaw is in no rush to pop the fantasy bubble. Better to have associates motivated by dreams of what Lat referred to as “instant riches.” Better to maintain the prestige of the profession by pretending that making partner at a Biglaw firm is a tremendous achievement, regardless of what firm, practice group, or locale. It’s an achievement, sure. Just like getting elected to some political office. But there is a big difference between getting elected to the U.S. Senate and getting elected as deputy tax commissioner somewhere….

double red triangle arrows Continue reading “Buying In: Partner Paydays (Part 1)”

Biglaw lawyers behave badly sometimes. And Biglaw lawyers sometimes use travel as an excuse to behave badly. But no one likes to talk about the bad things they see their colleagues do. It is bad for business, especially since it is the rainmakers that usually behave the worst. Bad behavior is usually just ignored, and only gets revealed as confirming evidence of a former colleague’s failings — if and when the firm decides enough is enough and cuts ties with the evildoer. Sometimes that never happens, and the sociopath becomes a “firm leader.” Biglaw is a business, after all, and powerful people need to get away with the things powerful people decide they are entitled to do. So Biglaw lawyers and staff generally keep quiet.

When I was an associate, I was lucky enough to work with pretty decent people. Even though I did a lot of work traveling, with a variety of senior attorneys, I was never exposed to any behavior that was out of line. Back at the office, there usually was a spate of gossip following partner retreats, but that was tame stuff. To be honest, a group of pasty old partners hitting a strip club, or some millionaire partner sitting at the ten-grand-a-hand blackjack table, did not strike me as that scandalous. Especially when I was exposed in the office to blatant overstaffing of matters, do-nothing partners and associates “reviewing” things, and similar other profit-drivers that normal people would consider theft. (My firm was not so bad on the padding front; other firms I saw from cases I was on were far worse. But that is a discussion for another time.)

There was one time, however, when I saw openly unprofessional behavior, perpetrated by a pretty important Biglaw figure no less. And I kept quiet about it, despite the temptation to email Lat and expose what I saw. Now that I have this platform, I still intend to protect the identity of the Biglaw figure that I saw with my own eyes publicly debase his or herself and our shared profession. Why? For the sake of his or her family, clients, and firm. And for Biglaw — we don’t need more scandals, especially stale ones. And when there is innocent collateral damage to consider, I think it best to keep my mouth shut. If this person’s fate is to be exposed for other indiscretions, it will happen. Going by the lack of discretion they exhibited publicly (which I witnessed with my own eyes), there is a good chance they feel immune. Maybe they are. We’ll see — and I have no doubt that if things ever catch up to them, ATL will be there to capture the happenings.

So what did I see? First, some background….

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Ed. note: This is the final column by Anonymous Partner based on his interview of a more-senior partner, “Old School Partner” (“OSP”). You can read the first column here and the second column here.

We had been talking for a while, when the conversation turned to Old School Partner’s experiences as a general counsel. He pulled no punches. “I was a very sophisticated consumer of legal services,” Old School Partner told me. In short, Old School Partner, when he turned to outside counsel, had high standards.

Having already decided to leave the security of a leadership position at a Biglaw firm for in-house life, Old School Partner demanded the same attention to detail and professionalism from his chosen outside counsel as he displayed when doing work for his former clients. As an example, he shared how he went about choosing litigation counsel.

“I was looking for counselors,” he told me, and that meant no fluffy credentials without real experience backing them up. “I wanted trial lawyers with real trial experience, who could have the confidence to forego a deposition that was not going to be of any value at trial.” Unlike many clients today, Old School Partner was willing to pay top dollar for real guidance, and did not default to assigning his cases to the lowest bidder or a firm that had a “preferred relationship” with his company. I got the sense that he viewed each case his company was engaged in as a business problem that needed solving, and was willing to pay handsomely for a solution — because he realized that throwing money at a litigation “team” was ultimately less effective and more costly than buying top-drawer help….

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Ed. note: This is the second column by Anonymous Partner based on his interview of a more-senior partner, “Old School Partner” (“OSP”). You can read the first column in the series here.

“It was a nice profession,” Old School Partner told me, especially for a senior partner at a white-shoe firm. Collegiality, interesting work, and a good living were his. Despite occasional internal dust-ups about compensation within the partnership, partners were generally content with what they were making.

But things were about to change, and what had been a guarded and close-knit segment of the legal profession was soon thrust into an unwanted spotlight. It was a “watershed” moment for partners.

The “watershed” that mucked things up? The launch of American Lawyer magazine….

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Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, they are collected here.

With summer in full swing, and my column approaching its two-month anniversary, I thought it might be a good time to go through the mailbag. One of the main reasons I wanted to do this column was the opportunity to discuss the practice of law in Biglaw with people other than immediate colleagues and friends. Expand my horizons and all that.

Well, on that front, the readership has obliged, and I am grateful. So please continue sending me emails with column ideas and questions. I am pretty prompt in responding to email-based questions, even as I wish there was more time to talk through issues. (Reader comments, while at times helpful, frightening, and funny, will have to be a one-way interaction — mostly because of time constraints.)

Anyway, let’s take a look at some of the messages I have gotten so far (with identifying information masked to protect the senders), and my general thoughts regarding the issues raised within….

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Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, they are collected here.

We all know how difficult to stay at a healthy weight while living the Biglaw lifestyle. Too many hours sitting down, with desk drawers nicely stocked for a quick bite in between phone calls. Sitting inside office buildings all day, with easy access to vending machines stocked with soda and junk food. Carb-heavy breakfasts for client meetings and lateral interview sessions. Food orgies masquerading as CLE sessions and firm meetings. Business development lunches and dinners at fancy restaurants with comprehensive wine and scotch lists. Seamless Web. Two cities, three depositions, one week — equaling plane snacks, room service, and more restaurants. Year in, year out, for a decade or two or three. No wonder your typical Biglaw partner has seen better days waistline-wise.

I know firsthand that it is not easy to drop those Biglaw pounds. But the effort is worth it. In my case, it took some real discipline to arrest what threatened to be a constant addition of one or two pounds a year. I was getting chunky, and as I noted in my first column, I only saw extremes in my older colleagues. I am not a runner, and while working out at home added on some muscle, there was no way I was going to see real results without changing my eating (and drinking) habits.

Everyone has their favorite weight loss tips. Here’s what has worked for me, in terms of keeping the extra pounds away….

double red triangle arrows Continue reading “Buying In: Biglaw Beach Bodies?
(Or: Avoiding excessive PPP — poundage per partner.)

Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, they are collected here.

I want to a be a Biglaw trial lawyer. If you could care less about trial work, but are in Biglaw, feel free to substitute whatever word you want for the word “trial” in the previous sentence — M&A, IPO, appellate, etc.

Why trial work, other than it seems like a good way to put my lack of nervousness when speaking publicly to productive use? Because I have always enjoyed days spent in court, and no matter how much fun it can be to take a contentious deposition or argue a motion, there is simply nothing like the atmosphere, teamwork, and total focus that a trial commands. Toss in the ability to avoid unpleasant obligations by saying “I am prepping for trial,” and the chance for a long vacation afterwards, and you get a great deal Biglaw-wise.

Since Biglaw is not the ideal training ground for trial work, I realize that I need to very flexible and patient if I realistically hope to have a trial practice down the road. In the meantime, I will continue looking for opportunities to work on trials, and I am willing to do some unorthodox things to accelerate my current pace of one trial every five years.

But first, some context….

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Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, check them out here and here.

I really enjoy the writing of Dr. Atul Gawande, the New Yorker contributor who is also a practicing surgeon. For one thing, surgeons are very interesting creatures — in many ways, they are the trial lawyers of the medical field. Just like trial lawyers (and generally litigators who do more than just brief writing), surgeons need to acquire certain basic technical skills, but the true measure of their value lies in their ability to achieve, through the exercise of leadership and artistry, a favorable result for the client or patient. And just as it takes years of residency and fellowship for surgeons to transition from technical proficiency to artistry, so too must the aspiring Biglaw first-chair trial lawyer undergo a seemingly interminable apprenticeship on the road to courtroom glory. (At least surgeons never lack, due to the frailty of the human body, practice subjects. Biglaw trials are harder to come by — but that is an issue for future exploration.)

Back to Dr. Gawande — something he recently prepared caught my eye. In early June, Dr. Gawande was invited to give the commencement address at Williams College, and his remarks were posted on the New Yorker’s website shortly afterwards. In his talk, Dr. Gawande argued that avoiding catastrophic outcomes — e.g. a stalled career, a Dewey, etc. — is possible, but only if the decision-makers are capable of recognizing the risks of their current paths and able to practice the “art of rescue”….

double red triangle arrows Continue reading “Buying In: Mastery of Rescue”

Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, check them out here and here.

Devotees of international soccer, and I have come across quite a number of them in my Biglaw career (from foreign-born colleagues to more recent converts like myself), are currently enjoying one of the world’s foremost tournaments, the European Championship or the “Euros.” Because the tournament is played in Europe, the games have been on during lunchtime and the early-afternoon hours here on the East Coast, perfect for sneaking out to a local bar for a slightly longer than usual lunch break to watch. I would imagine that most Biglaw Euro watching is being done via Espn3.com, on the “second screen” that most IT departments insist on hooking up in order to enhance the lawyer’s “productivity.” Truth is that when it comes to work, the second screen is fantastic — but it is more fun when it acts as a substitute television.

Now, ESPN’s wall-to-wall coverage of this year’s Poland/Ukraine-based tournament has definitely raised the Euros’ profile in the USA — but for those unaware or uninterested in the proceedings, realize that each match draws as much interest and television viewership as the Super Bowl. And the level of play on display is absolutely top-notch, as each team is composed of hardened veterans of the top European leagues, those renowned for attracting the top soccer talent worldwide with the allure of riches and fame.

As an aside, knowing something about soccer, just like speaking a foreign language, is a great normalizer when dealing with clients and colleagues in overseas offices. Sports and business are intertwined, and as professional services providers in increasingly international businesses serving an increasingly global clientele, it behooves firms to ensure that both partners and associates have some familiarity with the world’s most popular game (in both amount of fans and corporate support).

In what way is soccer like Biglaw, and what lessons might it have for those of us who toil in law firms?

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