Merit Based Compensation

Today everyone’s talking tech, thanks to Facebook’s upcoming IPO. In light of how Silicon Valley is dominating the news cycle, it seems fitting to discuss the recent bonus and salary news from Wilson Sonsini — one of SV’s top firms, and counsel over the years to many startup companies turned tech giants.

(But not Facebook, at least with respect to the IPO. That’s being handled by Fenwick & West and Simpson Thacher.)

So what kind of bonuses did WSGR just announce? Let’s find out….

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Back in 2009, when killing lockstep was all the rage, a number of large law firms announced that they would be moving to some form of a merit-based compensation system. Now that we’re a few years into those systems, how many firms have stuck with the plan? And which systems do associates prefer?

Of the 86 distinct Biglaw firms at which survey respondents work, 63% of the firms pay base salaries on a lockstep system, and the remaining 37% of firms use a merit-based system or hybrid-lockstep system for paying base salaries. The vast majority of respondents, 70%, say they prefer the lockstep model for base salaries because of its transparency and predictability.

For year-end bonuses, 70% of the firms utilize a merit-based or hybrid-lockstep system, while 30% have a lockstep system based either on class year or billable hours. According to 62% of respondents, the most preferred type of year-end bonus allocation system is a merit-based or hybrid-lockstep system.

After the jump, find out how various combinations of compensation systems measure up against market.

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The official title of the NALP conference panel that I attended on merit-based compensation contained a playful shout-out to Sarah Palin: “How Is That Performance-Based Compensation System Working for Ya?”

The panel was originally supposed to have featured a representative of the now-defunct Howrey law firm. So the snarky answer to the question presented might be, “Not well.” (In fairness to merit-based compensation, however, Howrey’s dissolution didn’t have much to do with its model for training, promoting, and compensating associates.)

No mention of Howrey was made during the introductory remarks (or anywhere else in the discussion, for that matter). Rather, the panel focused on the positive — and offered useful advice for firms that are contemplating adoption of performance-based systems….

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In the throes of the recession, many Biglaw firms jumped on the bandwagon to kill lockstep compensation in favor of a more merit-based system (though some have already fallen off the bandwagon). With a variety of compensation models currently in use among firms today, we want to hear from you about how you get compensated at your firm — and how you prefer to get compensated.

Please take our short survey, brought to you by Lateral Link, and tell us how you are compensated at your firm. Then check back later for the survey results. As always, your survey responses will be kept completely confidential.

Check out the survey, after the jump.

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What’s going on over at Orrick? Spring bonuses, that’s what — but with a twist.

As we’ve noted before, Orrick remains committed to merit-based compensation, even though some other firms that started moving away from lockstep have returned to it. Orrick’s approach to spring bonuses reflects the meritocratic orientation of its compensation.

Let’s have a look at what Orrick is doing here….

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Well that didn’t take long, did it? On Tuesday afternoon, we wrote about associates at Winston & Strawn who were upset over the lack of news on seniority-based salary bumps. Since we’re well into a new year, associates at top law firms should be getting raises, with first-years becoming second-years ($160K to $170K), second-years becoming third-years ($170K to $185), etc. But the Winston tipsters hadn’t heard anything — even though historically they’ve received pay raise news in early February, and now it’s mid-March.

Today, however, the Winston associates received some good news — very good news, in fact. “Salary memos went out today,” one Winston source reported. “The bottom line is that those who were not at market rate now are. They’ve abandoned the ‘merits-based’ system and have gone back to lockstep.”

Wow. Is merit-based compensation becoming a casualty of the economic recovery? Back when merit-based systems were all the rage, we created a category on ATL called Killing Lockstep. Perhaps now it’s time to create ones called Killing Killing Lockstep, or Lockstep Resurrected?

Regardless of whether or not this becomes a trend throughout Biglaw, Winston associates are happy — and grateful….

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As we’ve explained before, we want to hear about your law firm’s bonus news, even if it’s old. As long as we haven’t written it up yet, please consider it fair game. (Use our site search box in the upper-right-hand corner, or scroll through our Associate Bonus Watch archives, to see which announcements we’ve already covered.)

One firm that announced bonuses many moons ago: Winston & Strawn. This was well before the spring bonus phenomenon took hold, so the Cravath 2010 year-end bonuses were still the benchmark.

Find out what Winston did — and learn about an additional issue that is bugging some Winston associates (and maybe associates at other firms, too)….

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(And an additional issue about base salaries.)

Paul Hastings is throwing cash around. At least, that’s the impression it’s trying to give off. Unlike the firms that announced regular bonuses back in December and spring bonuses in the new year, Paul Hastings held off on a December bonus announcement and is only now coming out with its full bonus package.

And Paul Hastings isn’t a straight lockstep firm. Paul Hastings lists some bonus amounts available to the top-performing associates, but because of various merit factors, most associates will not be receiving those top figures, and some are not eligible for a bonus at all.

So while there is money flying all around the Paul Hastings bonus memo, it’s hard to tell how much of it will stick to real Paul Hastings associates…

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Here we go. Spring bonuses are making now making their way into firms that are not strict lockstep firms. They’re making their way into firms that are not predominately based in New York City. They’re making their way everywhere.

Yay. If you will allow me to channel my inner Oprah: you get a spring bonus, you get a spring bonus, you get a spring bonus!

WilmerHale is the latest firm to get in on spring bonus mania. The firm’s approach to associate compensation is merit-based. So if you had a crappy 2010 at WilmerHale, well, your life just got comparatively worse, vis-à-vis your more meritorious peers…

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In our coverage last month of top law firm partners to work for, Wilson Sonsini did well. See here and here.

(Speaking of Wilson Sonsini partners, the firm recently announced nine new ones — including Rick Frenkel, of “Troll Tracker” fame. Congratulations!)

Not only does WSGR have some great partners to work for, but they will also pay you if you work there. Getting paid is… nice.

How much will Wilson Sonsini associates receive in 2010 bonuses and 2011 base salaries?

Let’s look at the memo that went out yesterday….

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