Partner Issues

Ed. note: This is the latest installment of The ATL Interrogatories, a recurring feature that gives notable law firm partners an opportunity to share insights and experiences about the legal profession and careers in law, as well as information about their firms and themselves.

What do Bob Dylan, Jerry Seinfeld, and Facebook have in common? Orin Snyder is their attorney. Orin is a litigation partner in Gibson Dunn’s New York office, and serves as Vice-Chair of the Crisis Management Practice Group and Co-Chair of the Media, Entertainment, and Technology Practice Group. He is also a member of the White Collar Defense and Investigations, Appellate, and Intellectual Property Practice Groups.

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What’s happening to the compensation of top partners at one major firm.

What kind of world are we living in? As we mentioned yesterday, a law school just announced that it’s lowering tuition — a shocking move, given that law schools almost always increase tuition by a few percentage points per year.

And now we get this news: a major law firm is cutting — yes, cutting — pay for top partners. This is a big surprise too, given that the powerful trend in the industry has been in favor of a growing divergence in pay between the highest- and lowest-earning partners. According to one recent study, “the spread in compensation between the highest- and lowest-paid partners in law firms has increased to 6-to-1 or 7-to-1 from the previous count of 4-to-1 or 5-to-1.”

So which firm is making this move, and what’s motivating it?

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* The National Labor Relations Board, now with fewer recess appointments! Partners from Arent Fox and Morgan Lewis were nominated to fill seats necessary for the board’s quorum. [National Law Journal]

* Shearman & Sterling seems to be bucking the Biglaw system. The firm is cutting pay for high earners and increasing it for lower-ranking attorneys. We’ll probably have more on this later today. [Reuters]

* Dentons (formerly known as SNR Denton) recently poached a six-partner team led by Stephen Hill from Husch Blackwell to bolster its white collar practice. Welkom too teh furm, guise! [Am Law Daily]

* “It is technically more legal to screw a walrus than to get gay married.” You know you live in a very sad place when not only do article headlines like this exist, but they’re also CORRECT. [Death and Taxes]

* An American Eagle pilot is facing attempted drunk flying charges. Yes, that’s a thing, but come on now, anyone who’s seen the movie Flight knows you can fly a plane while you’re wasted. [Bloomberg]

* Lindsay Lohan blew off a deposition in Los Angeles yesterday. Cut the girl some slack; she had to appear on the Late Show with David Letterman, which was way more important. [Contra Costa Times]

If you follow the world of large law firms, then you are probably familiar with the incisive and candid commentary of Steven J. Harper. Over at his blog, The Belly of the Beast, Harper offers excellent insights into the world of Biglaw.

Harper knows so much about that world because he spent his entire legal career in it. He joined Kirkland & Ellis after graduating from Harvard Law School in 1979. He practiced litigation at the firm for about 30 years, until his retirement in 2008, at the early age of 54 (which you can afford to do when you’re an equity partner at a firm as lucrative as K&E).

In addition to blogging, Harper has written four books. I spoke last week with Harper about his latest book, The Lawyer Bubble: A Profession in Crisis (affiliate link), and about his views on the worlds of Biglaw and legal education….

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I asked, and once again the readership delivered. I thought it would be interesting to hear from former Biglaw associates who had been passed over for partnership, and I was happy to receive some thoughtful responses.

As you will see below, and as I discussed in my columns relating to making partner, there are very powerful personal forces at work in these situations. As much as we can learn from our own disappointments, so can we learn from the experiences of others, especially those who have forged ahead despite a setback.

Biglaw can be a brutal business. We need to pause and reflect on the human toll that working in this environment can take….

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If you’re a former Supreme Court clerk, the legal world is your oyster. In the words of one observer, “Supreme Court clerkships have become the Willy Wonka golden tickets of the legal profession. So many top-shelf opportunities within the law, such as tenure-track professorships and jobs in the SG’s office, [are] reserved for members of the Elect.”

If you work at a hedge fund, maybe after a stint at Goldman Sachs or a similarly elite investment bank, you’re the Wall Street version of a SCOTUS clerk — at the top of the field, but with way more money. There aren’t many Lawyerly Lairs out there that cost $60 million (the cost of hedge fund magnate Steve Cohen’s new Hamptons house).

What could lure four high-powered lawyers and hedge-fund types, including two former clerks to the all-powerful Justice Anthony Kennedy, to leave their current perches? How about the chance to earn the kind of money that would make a Supreme Court clerkship bonus look like a diner waitress’s tip?

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Poor Wichita State, huh? The team was robbed of a finals appearance by a terrible held-ball call. The terrible call would have been more palatable if it weren’t for the fact that the NCAA should have known better than to put Karl Hess on that officiating crew. Hess made a team go the wrong way and shoot baskets for the opposing team earlier THIS SEASON. So color me unsurprised when Hess botched a call to end the game. So much drama.

Meanwhile, in the ATL March Madness bracket, we finally got some drama with some big upsets and close calls….

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I’ve finally plucked “big firm mediocre” out of my life.

First, I left Biglaw, so I’m no longer revising lifeless drafts that arrive either up through the ranks or from co-counsel.

Then, my corporation entered fixed fee deals for virtually all of its litigation work. We invited only firms that do good work to compete for our business, and the winners have performed as expected: No brief arrives at our doorstep until it’s been reviewed by someone who can write.

But we still have a few strays: There are cases in oddball jurisdictions or involving unusual specialties where we select counsel on an individualized basis. And we still have old cases lingering from before our fixed-fee days staffed by an assortment of counsel. Once in a long while, I still run into briefs written in the “big firm mediocre” style.

What’s funny is how consistent it is. Although the briefs address different subjects in different jurisdictions, and they’re written by different people, “big firm mediocre” constitutes its own distinct literary genre. Care to write in that genre (or assess whether you already do)? Here are the characteristics:

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Who is the Judy Garland of Biglaw?

What makes someone a gay icon? I’m tempted to fall back on Justice Potter Stewart’s famous quotation: “I know it when I see it.”

But such instinctive judgments still rest upon criteria. Regarding gay icons, Wikipedia advises: “Qualities of a gay icon often include glamour, flamboyance, strength through adversity, and androgyny in presentation. Such icons can be of any sexual orientation or gender; if LGBT, they can be out or not. Although most gay icons have given their support to LGBT social movements, some have expressed opposition, advocating against a perceived homosexual agenda.’”

So you don’t have to be gay or pro-gay-rights to be a gay icon — which brings me to a partner I hereby dub the Judy Garland of Biglaw. She has a most interesting skeleton in her closet, which might explain her staunch opposition to gay marriage….

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When the merger of Edwards Angell and Wildman Harrold was announced back in August 2011, some observers, such as our beloved commenters here at Above the Law, viewed the move as an act of desperation. Because both firms had a tough time during the recession, the notion of their combining with each other reminded some people of… well, this.

Now, as we approach the two-year anniversary of the merger’s announcement, how are things going over at Edwards Wildman? Are Angells flapping their wings with joy and Wildmen hoisting glasses of grog?

Not exactly, say some….

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