At a roulette wheel in Vegas, you know the odds. The folks with all their money on red have a less than 50 percent chance of winning (47.37 percent, to get technical). There will be highs and there will be lows, but over the long haul, those poor saps swizzling their comped drinks will come out on the losing end.
On the other hand, you put all your money on black because the guy on your flight told you to. Intellectually, you recognize you have the same odds of pulling out a victory as the overmatched retirees from Kansas City betting on red, but you’re absolutely positive you’re going to win.
Welcome to the positive expectation bias. Rational thought flies out the window as you ignore facts you know (or at least strongly believe) to be true, instead placing blind faith in the proposition that everything’s going to turn out well for you.
Law firm managing partners are expected to be a little more risk-averse compared to other chief executives, but it turns out law firm managing partners are not immune to a little irrational gambling from time to time….
I recently participated in an excellent symposium about the future of legal education that was sponsored by the Seton Hall Law Review. Congratulations to the law review editors on putting on a great event, and thanks to them for inviting me to be a part of it.
Most of the presentations took the form of detailed papers that will be published in the law school’s symposium issue. But there were a few moments of levity, represented by the following seven notable quotations (comments that I found either amusing or interesting):
The idea of “happiness” is the basis of an ever-growing body of research. In fact, while economists traditionally measure a nation’s prosperity by looking at GDP, there is a growing movement for them to consider a different measure, something akin to “Gross National Happiness.” One of the best-known efforts to move away from a reliance on GDP as a measure of national welfare is the UN’s Human Development Index, which amalgamates three metrics: lifespan, educational attainment, and adjusted real income. Then there are dozens of much more subjective surveys of national happiness, many of which find Costa Rica to be the happiest country in the world. Others say it’s Norway. (Then there is this preposterous “Happy Planet Index,” which ranks the U.S. at number 113, between Madagascar and Nigeria.)
Of course happiness research is performed in more narrowly targeted ways, such as examining specific professions. Earlier this year, Forbes reported on a “Career Bliss” survey of 65,000 employees that ranked “law firm associate” as the unhappiest job in America. (See Joe’s take on that survey here.)
Last week, we focused a lot on a controversial study about the economic value of going to law school. Today, I want to look at some more useful approaches to the question.
Looking at the lifetime earnings of of J.D. holders compared to people with undergraduate-only education based on historical data about J.D. earnings couldn’t have less to do with the current decisions facing prospective law students. Prospective law students are looking at a shifting market for legal employment, and they are dealing with skyrocketing tuition. Are there any studies that are looking at the economic value for them?
In fact, there are… and while the outlook doesn’t paint the rosy picture some law professors seem really invested in, there are rational arguments available for those who want to convince people to go to law school…
Alas, the nickname is less funny in the wake of yesterday’s big layoff news. The firm announced it will be cutting 60 associates and 110 staffers from the payroll. Despite the generous six-month severance for associates, some probably feel like their legal careers have been mangled. The firm also plans to reduce the compensation of about 10 percent of its partners (roughly 30 out of 300, some income and some equity partners).
Let’s take a closer look at the layoffs and try to make sense of them….
We have partner profits on the brain here at Above the Law. Earlier today, we wrote about a law firm that instituted a 20 percent holdback on partner pay — a move that was met with anger by some.
In that story, we noted the “continued expansion in the gap in power and pay between what we’d call ‘super-partners’ — partners in firm management and major rainmakers, who are often one and the same — and rank-and-file partners.” You can see this yawning chasm in the disparities in partner pay that exist within the same firm. As partner turned pundit Steven Harper has argued, partners aren’t true “partners” when they are paid and treated so differently.
New information from the American Lawyer shows how extreme some of these gaps between partners have gotten….
Biglaw partners may not be having coke-fueled orgies on piles of cash any more, but partners are still doing well compared to mere mortals.
In fact, the biggest rainmakers are doing really really well compared to many of their colleagues. According to Steven Harper, the Northwestern professor and author of The Lawyer Bubble: A Profession in Crisis (affiliate link), the highest-paid Biglaw partners used to make three times more than their run-of-the-mill colleagues. Today, rainmakers can pull down ten times more.
* This IRS scandal is really like a Republican’s wet dream. Obama needs to start firing people. [Washington Post]
* The Department of Justice also looks pretty shady. See, it’s not the “size” of government we should worry about. It’s the power of government that leads to problems. Obama needs to start firing people! [Associated Press]
* Maybe the DOJ needs some compliance officers to tell them how to use the phone? [Corporate Counsel]
But some are pushing back against the gloom and doom and projecting a bright future ahead. The new hope for Professor Bradley T. Borden is third-party litigation financing (“TPLF”), dropping millions into lawsuits in exchange for a hefty cut at the end so they can party like a champ(erty).
Litigation finance is drawing considerable talent and will certainly change the way law firms and clients do business. But it’s no pathway to rekindle the pre-recession boom.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
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