Ed. note: Please welcome our newest columnist, Gaston Kroub of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique here in New York. He’s writing about leaving a Biglaw partnership to start his own firm.
One of the criticisms leveled at Biglaw attorneys is that they do not have a lot of “real” experience — and as a result are somehow lesser lawyers. Biglaw litigators in particular are ripe targets for such remarks, even more so than their brethren in corporate, real estate, or tax. While it is often true that a Biglaw litigator will have much less trial experience or even “on their feet” courtroom experience than a criminal defense attorney, blunt attacks on a Biglaw litigator’s technical skills usually reflect more on the person making the criticism than the subject of that criticism.
For what litigation in Biglaw lacks in terms of volume, it more than makes up for in terms of scope and scale. The crucible that a series of high-stakes litigation matters subjects a Biglaw attorney to is just as capable of forming a highly-skilled litigator as a high-volume personal injury practice. Yes, there are good Biglaw litigators and bad ones, but that is a function of the lawyers themselves, rather than Biglaw’s ability to produce capable litigators. One can even argue that the Biglaw experience makes a better litigator, on average, than someone who learns their craft on a different track.
At big law firms, a few folks engage in “training,” but very few bother with “coaching.”
That is: A partner may spend a few minutes training you how to write a brief or take a deposition. But, if you prove ineducable, the partner will promptly cut his (or her) losses: He won’t ask for your help anymore; he’ll pluck you out of his life. You won’t be fired; you’ll simply be forced to solicit work from other partners. You’ll never be “coached” about what you did wrong, except (maybe) at the end of the year, when some guy you never worked with evaluates you by reading aloud a comment that “one partner said you don’t write very good briefs.”
Corporations are different. Coaching is the name of the game: You can’t think? We’ll coach you!
Two weeks ago, Greenberg Traurig announced a lawyer residency program — one-year positions where lawyers spend a third of their time on training, are paid “considerably less than associates,” and billed out at lower rates. When the program concludes, residents may be offered a position as an associate, become a non-partnership track “practice group attorney,” or get shown the door. The program has elicited a range of reactions over its implications for Biglaw, ranging from potentially promising (David Lat and Toby Brown), to shortsighted and risky (Jordan Furlong), to a mixed bag for associates (Adam Ziegler).
But from the perspective of lawyers who want to start their own firms and have the option of handling traditionally “big firm” matters, residency programs like that offered by Greenberg Traurig are a boon. Imagine being paid to do little more than spend a year learning the ins and outs of big firm practice and practice areas by observing depositions and trials and accessing unlimited PLI content. Plus, residents have a chance to meet and network with other lawyers at GT and throughout the legal community; presumably, fewer billable hours means more time to hobnob. At the end of the residency, lawyers could move on to start their own firms — but with the benefit of a year of student loan debt repaid and a big firm credential on the résumé — which can be a selling point for certain types of clients (usually the kinds of clients who won’t experience sticker shock at your $250/hour rates because they’re accustomed to paying double that at a large firm)….
Following the lead of Kilpatrick Stockton, Orrick, and other Biglaw firms, Greenberg Traurig has created some new non-partnership-track attorney positions. They pay less than traditional partnership-track — or, in GT parlance, shareholder-track — positions, but the billable-hour requirements are lower and the training is better.
What do these positions look like? Let’s find out….
There is not nor probably will there ever be a definitive novel or film depicting the law firm experience. Law firm lawyers viewing The Firm or Michael Clayton or Ally McBeal are not going to identify with what they see on the screen. Novels like The Partner Track by Helen Wan or Anonymous Lawyer by Jeremy Blachman might be the closest thing (affiliate links).
A truly realistic portrayal of that particular white-collar salt mine would surely be too boring for the public. On the other hand, the comments from the ATL Insider Survey (14,000 responses and counting; thanks everyone) constitute a sort of undistilled document of the Biglaw hive mind. So what do we hear from this depressing, inspiring, contradictory chorus of lawyerly voices?
The ATL Insider Survey asks practicing lawyers to evaluate their employer in terms of compensation, training, culture and colleagues, firm morale, and hours. The survey also asks, “What would be useful or interesting for a law student or potential lateral to know about your firm?”
Reading through all the responses to this question, a handful of recurrent themes emerge….
Washington, D.C. has the most densely concentrated population of lawyers in the nation. The capital has an astounding 1,356 percent more lawyers per capita than New York. One in 12 District residents is an attorney. The nation’s capital is home to just one-fifth of one percent of the national population but accounts for one in every 25 of its lawyers. Could there be some correlation between this total saturation of D.C. with J.D.s and the seeming contempt that the rest of the country holds for the place? Washington’s negative perception problem is such that Slate’s political gabfest felt compelled to devote this week’s podcast to explore the proposition “Washington Is Really Not That Bad.” Examples of this not-badness included the fact that people don’t have to bribe officials to get their social security benefits. So it was kind of a low bar.
In any event, D.C.’s lawyers work in myriad capacities in Congress, government regulatory agencies, non-profits, and lobbying firms. But obviously Washington is very much a Biglaw town as well. The frustration and malaise brought on by the sequester and partisan gridlock seem to be affecting the business of Biglaw. As Lat noted yesterday, large firms there are struggling: revenue, demand and productivity are all lagging at D.C.-based law firms when compared to firms nationwide. So this might not be the ideal time to check in on how lawyers at large D.C.-based firms perceive their professional experiences. But we’ll do it anyway.
Our ATL Insider Survey (13,500+ responses and counting) asks attorneys at firms to evaluate their employers in terms of compensation, hours, training, morale, and culture. After the jump, we’ll look at how firms in Washington stack up in these categories — and how they compare to the national averages…
Unless you’ve made some deliberate, heroic effort to not know, you are aware that the most feverishly anticipated baby since 0 A.D. is now finally among us. This is a huge deal. People love babies. People love princesses and what not. So: huge deal. Thus, as we await the naming of the boy Windsor and as a flimsy topical pretext, let’s have a look at how the Magic Circle, the UK’s legal royalty, rate in the ATL Insider Survey.
The Magic Circle comprises five venerable London firms: Allen & Overy, Clifford Chance, Freshfields, Linklaters, and the terrifyingly-yet-diffidently named Slaughter and May. Powerhouse “Slaughters” is the only one of this prestigious group lacking a New York office. The other four are among the most truly global firms and are among the top ten firms in the world measured by revenue. S&M is also the only one of the group for which we lack sufficient survey responses to generate ratings based on the ATL Insider Survey. After the jump, see how the others’ New York offices stack up in terms of Compensation, Hours, Training, Firm Morale, and Culture.
Yesterday, some summer associates watched kitten videos on YouTube.
It’s the middle of June, the sun is shining, and Biglaw summer associate programs are in full swing. An old joke: Satan offers incredible wealth to a man in exchange for his soul. The man replies, “B-b-b-but, won’t I have to go to Hell?” Satan says, “Oh, don’t believe what you’ve heard, Hell isn’t that bad. Here, take a look.” And it’s all cocktail receptions and long lazy lunches at fancy restaurants. So he sells his soul. Later, when he dies, he goes to Hell, and sure enough, it’s all flames, pitchforks and eternal agony. The man protests to Satan, who replies – “Oh, that was our summer program.”
The joke smells a bit like 2006 or so, when Biglaw summer programs were at their largest and most extravagant, and most firms barely pretended any substantive work was part of the equation. Yet even though summer associate classes have been significantly downsized post-recession and the perks aren’t as lavish, the summer associate experience certainly retains much of that Bizarro world detachment from the actual realities of practice.
Summer programs have traditionally served as bait-and-switch recruitment tools used to woo rising 3Ls with wine tastings, sporting events, theater outings and boat rides. Since the recession, many firms have begun to emphasize “real work” as central to their summer associate programs (e.g., here and here). But these claims need to be taken with an ocean of salt. As the Dothraki say, “it is known” that newbie lawyers just aren’t ready to do any real work.
In any event, let’s take a look at the top-rated Biglaw summer associate programs, according to the ATL Insider Survey.
Over the last three weeks, we have heard from an In-House Insider, an opinionated source of insight into Biglaw-client relations — see here, here, here, and below. As with the three prior installments, the only changes I made to the Insider’s words were those done to protect their identity, and Insider was given the opportunity to revise their points once I added the questions and commentary. Again, I thank Insider for the candid observations and thoughtful opinions on these core issues….
AP: Any serious observer of Biglaw can see that firms continue to struggle adapting associate development to the new state of Biglaw-client relations. What can Biglaw learn from corporate clients like yourself on that front?
Over the last two weeks, we have heard from an In-House Insider, an opinionated source of insight into Biglaw-client relations — see here, here, and below. As with the two prior installments, the only changes I made to the Insider’s words were those done to protect their identity, and Insider was given the opportunity to revise their points once I added the questions and commentary. Again, I thank Insider for the candid observations and thoughtful opinions on these core issues.
AP: How firms are viewed from a value perspective is often very difficult to gauge from the outside. What criteria do you use to determine if a firm is delivering services to your company appropriately from a billing perspective?
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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