Partnership Decisions

When we sit down at Thanksgiving this year, we’ll give thanks for Weil Gotshal. Over the past few months, the highly prestigious and profitable firm has generated a cornucopia of tasty news to cover.

And the drama isn’t over yet. Instead, the soap opera continues.

Soap operas feature ups as well as downs; they’re not all bad news (because that would be boring). Births and marriages balance out deaths and divorces.

So for today’s Weil Gotshal update, we’ll start with the happy stuff — new partners! — before moving on to the gloomier news….

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Partnership at Cravath: Biglaw’s ultimate brass ring.

Working at Cravath, Swaine & Moore offers many advantages. The work is interesting and cutting-edge. The exit opportunities are unmatched. The pay and prestige are great (even though, as we’ve repeatedly emphasized, Biglaw isn’t all about the benjamins).

One of the distinctive features of Cravath is the “Cravath system,” in which associates work closely with a particular partner (or small group of partners) before rotating into another area to work with a different partner. This system produces well-rounded and well-trained lawyers. According to the results of our associate survey — please take it if you haven’t already done so — Cravath is the #1 firm for training corporate lawyers and the #2 firm for training litigators.

Of course, Cravath has its downsides; the firm is not for everyone. The hours are long, even by Biglaw standards. The atmosphere is intense; it’s not a laid-back sort of place. And historically partnership prospects haven’t been great, due to the sheer selectivity of the CSM partnership.

But are partnership prospects improving? For the third year in a row, Cravath has named a large number of new partners. How many of them are there? Might you know some of them?

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“Being a partner at an elite law firm isn’t what it once was,” as I recently wrote in a Wall Street Journal book review, but “while the brass ring might be tarnished, it still gleams brightly for many.” And with good reason: even if it’s harder than ever to become (and remain) a partner, for those who do manage to make it, the pay, perks, and prestige are plentiful.

The American Lawyer just released its latest New Partner Survey. The magazine heard from almost 500 lawyers who began working as partners between 2010 and 2013. About 60 percent of the survey respondents are non-equity or income partners — which makes sense, given the proliferation of two-tier partnerships, as well as how junior these partners are — and the rest are equity partners.

What are the most notable findings from the survey? Here are five:

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Why go big when you can supersize? As has been reported recently, one of Biglaw’s most aggressive firms in terms of growth, Dentons (née Sonnenschein Nath & Rosenthal and some foreign counterparts cobbled together just a few years ago), is now in serious discussions about a combination with McKenna Long & Aldridge. Both firms are products of recent tie-ups themselves, and the combined firm should the transaction go through will be instantly one of the world’s largest, at least in terms of number of lawyers. Welcome to the age of the global Megalaw franchise, in which a firm can raise its profile by connecting with other firms in the interest of getting bigger, all the while creating a new global brand in the process. Dentons is sure giving it a try.

It is actually unfair to say that Dentons is the Biglaw equivalent of McDonald’s, or even Burger King. Biglaw brands of that stature would be Baker & McKenzie or even DLA Piper, and not only because they are bigger….

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Blink and it is October. The last quarter of the Biglaw year is officially in play. Unfortunately, there is no indication that this fourth quarter will see the flurry of pre-tax-law-changes deal activity that salvaged 2012 for a lot of Biglaw firms. So firm leaders will actually have to manage, over the next few months, (1) the usual expectations from the partnership regarding end-of-year bonuses and distributions; (2) the lateral activity “silly season” we’re now in, especially if the firm is recruiting laterals for the purposes of adding talent and not just a short-term revenue boost; (3) the broken associate system at many Biglaw firms, where attrition is celebrated with a fervor that used to welcome the huge Biglaw first-year classes of yore with their promise of profit-driving leverage; and (4) the decision on whether to invite any of their surviving counsels and associates into the partnership. Yes, Biglaw firms will continue to make new partners. The smarter non-lockstep one-tier shops will make as many as they can. Or at least should.

And people who are gunning for partner in today’s Biglaw should be more vocal about making the business case for their candidacy. If they can’t, they have their answer. But if they can and don’t, then they are actually proving that they are not yet partner material. Because for most Biglaw firms, more partners, especially younger ones, are essential. And trying to buy that young core on the lateral market is a difficult and expensive task.

Why should Biglaw firms be thinking of minting more rather than fewer partners?

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* Even the election law controversies are bigger in Texas. The Department of Justice is currently planning to intervene in one lawsuit and file another against the Lone Star state over its voter identification law and redistricting plans. [National Law Journal]

* Here’s an especially helpful ruling for people who have been living their lives without landlines (so, basically everyone). You can gratefully thank the Third Circuit for allowing you to block those annoying robocalls on your cellphones. [Legal Intelligencer]

* Well, that was quick — a Biglaw pump and dump, if you will. After only a year, David M. Bernick, former general counsel of Philip Morris, is leaving Boies Schiller and will likely be taking a position at Dechert. [DealBook / New York Times]

* “[L]ife got in the way.” Who really needs loyalty in Biglaw these days? More than half of the nearly 500 associates and counsel who made partner in 2013 started their careers at different firms. [Am Law Daily]

* Another one bites the dust. John McGahren, the New Jersey managing partner of Patton Boggs, just resigned from an office he opened himself after some major attorney downsizing. [New Jersey Law Journal]

* “In a community of 98,000 people and 640,000 partners, it isn’t possible to say there will never be wrongdoing.” Comforting. Microsoft is under the microscope of a federal bribery probe. [Corporate Counsel]

* Ronald Motley, a “charismatic master of the courtroom” who founded Motley Rice, RIP. [WSJ Law Blog]

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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We’ve been hearing a fair amount of happy news out of Morrison & Foerster lately. Last month, for example, the firm announced 15 new partners — a sizable class.

“We recently made a whole slew of people partner,” said a source. “Looks like our biggest class in a few years and includes several home-grown talents.”

One happy camper even wrote in to rave about the D.C.’s office celebration of Black History Month this past Monday, which featured a conversation between Congressman John Lewis (D-GA), an icon of the civil rights movement, and Congressman Steny Hoyer (D-MD), the House Minority Whip.

“The event was fantastic,” this tipster told us. “Congressman Lewis stayed to chat with MoFo attorneys and staff until 9 p.m.”

But happiness is not universal at Morrison & Foerster. On the subject of associate bonuses, we’ve heard from a few angry MoFos….

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We frequently discuss the various issues that women face in Biglaw. Whether it’s a lack of salary parity, a lack of leadership roles, a lack of understanding that sometimes women have babies, or a lack of opportunities for promotion to partner, women just can’t seem to get the respect that they deserve.

And maybe that’s just because, like it or not, much of Biglaw is still a good ol’ boys’ club. After all, it’s not too often you hear men complaining about the fact that they’ve been passed over for partner year after year after year, or that they aren’t paid on par with their female colleagues.

One major firm’s satellite office seems to be a case study on this subject….

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Congratulations! You made it!

Few people are happier about the world’s surviving the Mayan Apocalypse than new partners at top law firms. Can you imagine slaving away in Biglaw for almost (or even over) a decade, finally winning election to the partnership in late 2012, and then having the world end before your hard-won partner status took effect?

Fortunately that didn’t happen. Heck, we didn’t even go over the fiscal cliff. But some people will have to pay higher taxes this year (and for many years to come).

Like these people: the talented and hardworking lawyers who, as of January 1, 2013, became partners of their respective law firms. Let’s find out who they are, so we can congratulate them….

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