I worked for twenty years at the darkest of the black-box compensation law firms: No one knew what anyone else was being paid, and the firm forbade talking about compensation. Here’s the curious part: We obeyed.
I saw the raised eyebrows of partners considering moving laterally to my firm: “Right — no one talks about compensation. You guys must talk about it all the time, just like we do at my firm. It can’t be a secret.”
Wrong. We really, honest-to-God did not talk about compensation. The subject just didn’t come up.
I’ve heard second-hand that this is true for other black-box firms, too. The managing partner of a different large, black-box comp firm recently told one of my colleagues: “Once you take compensation out of the limelight and forbid people from talking about it, then people stop talking about it. The subject drops off the table.”
That sets the stage: At firms where lawyers are permitted to talk about each other’s compensation, they do. And at firms where lawyers are prohibited from talking about compensation, they don’t.
Riddle me this: In corporate law departments, we are not prohibited from discussing each other’s compensation, but we don’t do it anyway. Why is that?
Kasowitz Benson comes to bury Berry, not to praise him. The firm has moved to dismiss the $77 million lawsuit filed against it by Gregory S. Berry, the former first-year associate at Kasowitz who claimed that the firm wrongfully terminated his employment due to its inability to handle his “superior legal mind.” Berry also alleged fraud, breach of contract, and a host of other claims.
On Wednesday, Kasowitz Benson filed its motion to dismiss Gregory Berry’s complaint, accompanied by a 22-page memorandum of law. The firm’s brief is fairly straightforward, advancing the arguments you’d expect it to make.
But there are a few fun tidbits here and there. Let’s have a look, shall we?
Thus far, reader sentiment doesn’t seem favorable towards Berry. According to Above the Law sources, Greg Berry wasn’t popular at Penn Law, where he was known for sending strange emails about his traffic court misadventures to his classmates. A tipster who knew Berry during his first career, as a software engineer who “conquer[ed]” Silicon Valley, expressed the view that Berry was “very inflexible,” lacking in a sense of perspective, and “not a good fit with the dot.com 1.0 work-style.”
In fairness to Berry, however, we have heard more positive opinions as well. For example, one Penn classmate described Berry to us as “a nice, smart dude, and a go-getter.”
This morning we mentioned a lawsuit filed against litigation powerhouse Kasowitz Benson and two Kasowitz partners by Gregory S. Berry, a former first-year associate at the firm. Berry’s 50-page complaint, filed in New York state court, contains 14 causes of action, including wrongful termination, fraud, and breach of contract. Berry seeks a whopping $77 million in damages — $2.55 million in estimated lost income, and $75 million in punitives.
According to Berry’s complaint, he “immediately began doing superlative work” at Kasowitz. Alas, the law firm was unable to accommodate his “superior legal mind.” After he began seeking greater responsibility in a way that rubbed some colleagues the wrong way, he got canned.
* Apparently racism still exists, even at prestigious university like NYU. Skip the damn banana, I’ll take $210K instead, thanks. [New York Daily News]
* First they came for the eggs, and I didn’t speak out because I don’t like breakfast. Then they came for the turkey, and I flipped out because my freezer is full of it. [Los Angeles Times]
* Imitation may be the highest form of flattery, but Christian Louboutin plans to appeal last week’s ruling on his red-soled shoes. You go girl, because I don’t want to pay for an imitation. [Daily Mail]
* What kind of a neighbor goes after Girl Scouts for selling cookies in their own driveway? Apparently the kind you don’t want to live next to anymore. [Daily RFT / Riverfront Times]
At big law firms, people gripe. It’s a way of life.
Junior associates gripe about being condemned to do scutwork. Senior associates complain about friends having been screwed out of partnership. Junior partners bellyache about not being invited to participate in client pitches. Senior partners grouse about their peers, who don’t work very hard and aren’t very good lawyers, being paid too much. The law firm’s “owners” — the half-dozen guys who actually run the joint — moan that all those other lawyers should quit their whining and get back to work. And everyone kvetches about opposing counsel, unreasonable clients, and working too many hours.
(You’ll note that nobody b*tches about anything. I offer the preceding paragraph as evidence that we needn’t degrade the level of discourse to express ourselves.)
At corporations, this just doesn’t happen. People occasionally whine, of course — there’s a reason why they call it “work” — but griping is not the order of the day, every day, year in and year out.
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 seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
Connecticut plaintiffs-side boutique litigation firm (12 lawyers) seeks full-time associate with 2-4 years litigation experience, top tier undergraduate and law school education. Journal or clerkship experience a plus; highest ethical standards and strong work ethic required. Familiarity with Connecticut state court legal practice is preferred, but not required.
The firm handles sophisticated, high-end cases for plaintiffs, including individuals and businesses with significant claims in a wide array of matters. Our cases often have important public policy implications, and are litigated in state and federal courts throughout Connecticut. Representative areas of practice include medical malpractice, catastrophic personal injury, business torts, deceptive trade practices and other complex commercial litigation, and products liability.
Additional information can be located on our website, at www.sgtlaw.com.