Compensation

I worked for twenty years at the darkest of the black-box compensation law firms: No one knew what anyone else was being paid, and the firm forbade talking about compensation. Here’s the curious part: We obeyed.

I saw the raised eyebrows of partners considering moving laterally to my firm: “Right — no one talks about compensation. You guys must talk about it all the time, just like we do at my firm. It can’t be a secret.”

Wrong. We really, honest-to-God did not talk about compensation. The subject just didn’t come up.

I’ve heard second-hand that this is true for other black-box firms, too. The managing partner of a different large, black-box comp firm recently told one of my colleagues: “Once you take compensation out of the limelight and forbid people from talking about it, then people stop talking about it. The subject drops off the table.”

That sets the stage: At firms where lawyers are permitted to talk about each other’s compensation, they do. And at firms where lawyers are prohibited from talking about compensation, they don’t.

Riddle me this: In corporate law departments, we are not prohibited from discussing each other’s compensation, but we don’t do it anyway. Why is that?

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Earlier this week, we brought you some news about an “excellent position” that a tipster found on Boston College Law School’s Symplicity site. As a quick refresher, BC Law touts a median starting salary of $160,000 for graduates in the class of 2010 who entered into private practice. This job… doesn’t come anywhere close to that number.

The position in question promised benefits such as malpractice insurance, health insurance, a clothing allowance, and an MBTA pass, but the starting salary was only $10,000. The MBTA pass must’ve been thrown in as a housing benefit, because the firm had to have known that on a salary that’s below minimum wage, their new associate would be forced to live in the Boston subway system.

As we noted in Morning Docket, one of the firm’s hiring partners has now spoken out about the job, and a spokesman from Boston College Law has come to the school’s defense, too. Let’s take a look at some of their bullsh*t explanations rationales for posting this “excellent position”….

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So, we often bring you stories about terrible job offers for recent law school graduates. And we often bring you stories about how law school statistics about the success of their graduates can sometimes be misleading.

Today, let’s put those stories together. Let’s take a look at a job that will pay you way below minimum wage that’s being offered to law grads from the same school that proudly boasts a “median” private practice salary of $160,000 within nine months of graduation.

Juxtaposition for the win….

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Over the past few weeks, we’ve heard some surprising rumblings of discontent from Boies Schiller. Why do we say “surprising”? Because the complaints have been about compensation, which is typically something that BSF lawyers never complain about.

Boies Schiller, the litigation powerhouse founded by the legendary David Boies, is an amazing firm. Its lawyers work on some of the biggest and most important cases of our time, and their compensation reflects that. In addition to paying above-market base salaries — the BSF scale starts at $174,000 — the firm pays bonuses that blow the NYC market out of the water.

In recent years, Boies has made two bonus payments to associates, one in December and one in April. But this year, April came and went, and many lawyers did not receive any payout. Of those who did receive payments, many were surprised at the small size.

So what happened? Did the relative cheapness of the disappointing spring bonuses at Sullivan & Cromwell trickle down (or up) to Boies Schiller? Let’s discuss….

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Morning Docket: 05.04.12

* My Big Fat Dewey Compensation Guarantee: it’s like a movie that no one wants to watch, except it’s happening in real life. But at least the partners got their draws, right? [Reuters; DealBook / NYT]

* Why didn’t John Edwards’s former aide disclose to the government that he refused to lie under oath about his affair? “Because you never asked.” Best. Response. Ever. [MSNBC]

* Maybe Mintz Levin didn’t belong on the list of the Top Ten Family-Friendly Firms after all. The firm’s been sued twice in recent years for sexual discrimination. Oops. [Careerist]

* Baylor Law claimed the top pass rate on the Texas bar exam for the fifteenth time since 2001. Unfortunately, Baylor Law cannot claim a top pass rate on disclosure of private student information. [Baylor University]

* In America, lawyers are pissing off state bar associations by offering their services on Groupon. En México, no es un problema. There, you can buy gift cards for the gift that keeps on giving… divorce! [Huffington Post]

As we mentioned last week, the American Lawyer recently released its highly influential, closely watched Am Law 100 law firm rankings. And despite all the doom and gloom permeating the legal profession, as well as the stagnant bonuses for associates lucky enough to make it into Biglaw, partners at large law firms are living just as large as ever.

In a way, the recovery in Biglaw is not unlike the recovery in America in general. If you were already well-off, you’re doing great now. It’s just not trickling down to anybody else. See, e.g., anemic spring bonuses.

Interestingly enough, the division of the world into “haves and have-nots” continues even into the world of major law firms. Partners at super-top-tier firms are putting even more distance between themselves and partners at less high-powered or less profitable firms.

Let’s look at the numbers, shall we?

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It’s been a while since we’ve had a good New York to 190 post. As we’ve discussed before, associate salaries at New York law firms are long overdue for a raise. Starting salaries have stagnated in New York.

What’s worse, total associate compensation has gone down this year from last year, thanks to Cravath’s low bonus and the absence of spring bonuses. The buying power of a New York associate is pathetic.

But one new firm in New York seems poised to change that. The firm isn’t nearly as big as our salary market leaders, but the firm is leaving the stagnated Cravath salary scale in the dust…

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At Stanford they make stallions.

We reported last night that Larry Kramer will be leaving the deanship of Stanford Law School to assume the presidency of the Hewlett Foundation. We join others in congratulating Dean Kramer for an outstanding tenure at Stanford Law, and we wish him the best of luck in his new endeavor.

An endeavor that will undoubtedly net him a boatload of philanthropic money.

But we can’t leave the Stanford story without pausing to ask: “Why now? And why Hewlett?” Perhaps the afore-speculated boatload of cash has something to do with it. But surely Kramer was going to have a soft landing made entirely of green linen waiting for him whenever he decided to leave.

With Stanford Law just rising to #2 in the U.S. News law school rankings, some in the SLS community thought this would be a time for Kramer to savor his success, not leave the school he has helped build up….

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Last week there appeared a column on this site that denigrated clerkships in the middle of the country. I could not decide if the author was attempting satire, but it seemed to be a straight piece. I would like to offer a counterpoint.

I began my career at Biglaw in New York City. The firm began to have troubles, and I saw the writing on the wall as my class dwindled from 40 to 30 to 20. I then heard from a family friend that a federal judge in Oklahoma City was looking for a clerk to assist with some topics with which I was familiar. I scored an interview, we hit it off, and I moved my wife and new baby to OKC for a year.

Full disclosure: I went to 15 schools before graduating high school, and OKC was the place I called “home.” Many decisions about this move were simple: it allowed us to live near family for a year, which was great support for the baby; my wife was working on her dissertation, so she had time to write; and I had a circle of friends from high school with whom I could reconnect.

Further simplifying the issue was that the government payscale is based solely on experience. How much did I earn, as a law firm associate turned law clerk?

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Congratulations to Bingham McCutchen, which recently earned a spot on Fortune’s best companies to work for — for the eighth year in a row. And congratulations to Bingham’s nine new partners. It’s a very international group: these seven men and two women work out of London (3), New York (3), Hong Kong (1), Boston (1), and Hartford (1).

And congratulations to high-billing associates at Bingham. They were rewarded with “extraordinary” bonuses, as set forth in the firm’s bonus memo….

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