I was outside the courthouse the other day and needed to get to a meeting. My natural instinct, particularly when in Manhattan, was to head to the curb (the subway would not have been convenient for this trip) and hope for an open taxi. As is usually the case when you really need a cab, every one that passed was already occupied. Then I remembered. I could call an Uber (or a Lyft, if you are an Icahn acolyte) right from my phone. Sure enough there was a veritable plethora of Uber drivers cruising the neighborhood at the time, just waiting for me to ask for a ride.
Before the advent of Uber, I, like most people, used car services primarily for rides to the airport (especially when a family member could not be guilted into giving me or my family a ride). And because I spent 7 years as an associate in a Biglaw firm, calling a car service had a secondary meaning for me as well. Because on those (very common) nights when I was still in the office after 8 p.m., firm policy allowed me to call a car service for the ride home. There were rules, of course. When the ride could be charged to a client, it was supposed to be. And the 8 p.m. eligibility time was enforced pretty strictly. In my time, having access to the firm’s car service was considered a perk. You even got a card with your account number on it. Of course, unless you were a partner, your use was restricted to late nights and business travel. But it was still considered a perk.
Even today, many office buildings in Manhattan, particularly if they house banks or law firms, have a line of black cars waiting outside as evening sets in. Of course, Uber has democratized the act of “calling a car,” turning what used to be a privilege reserved for the upper classes (a chauffeured car on demand) into something available to everyone with a smartphone and a credit card. At the same time, I am sure today’s associates appreciate a “free ride” home after a late night at the office. But at some level, the value of the “perk” diminishes when it becomes something that is widely available.
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Late-night car service is not the only Biglaw associate perk that has been democratized. Back in the day, Seamless Web — a rare business started by Biglaw associates — was a lifesaver when the work got so heavy that dinner at home, or at a normal hour, was impossible. Now it is called Seamless, and it is a service used by the masses to deliver meals at all ours. My point is not to be elitist; it is a great thing that conveniences once reserved for the well-off are now available more broadly. But from the point of view of someone who once saw those conveniences as hard-earned and rare perks that accompanied a challenging job, it is hard not to wonder what gets lost when what was once a perk becomes available to all.
I think the answer is found when we consider what the value of a perk is in the first place. Let’s assume that associates can afford to pay for their own way home or a late dinner by their desk. Sure, those expenses can add up, but they are part of everyone else’s life as well. In contrast to 9-to-5’ers, however, typical Biglaw perks like “unlimited” vacation (as long as you hit your billables), car service, and late dinners are at least valuable as “But, at least” conversation pieces. As in: “Yes, my job is crazy and I am putting in 16-hour days, but at least I can order a free Cobb salad every night at 10!” Or: “Sure I can’t really take vacation now, or for the foreseeable future, but at least when I get a chance to, I can go away for a whole month if I want!” Feel free to fill in other typical conversation pieces. I am also curious to know what perks, if any, are valued by associates today. (Above the Law did a recent survey of Biglaw parental leave policies and related perks or fringe benefits.)
At bottom, the value of perks relates to creating the illusion in the recipients that they are important, and in control of their own daily routine — even when the exact opposite is true. Yes, Seamless presents you with access to multiple Thai-Mexican fusion restaurants, for when your taste buds are calling for whatever wacky “hybrid” dish the chef can come up with. And having those choices can make you feel valued, and even in control: “I get to choose what I eat, and someone else needs to pay!” But you are also one of only three or four other employees on your entire floor still working, hours after almost everyone else has left. In short, your sense of control is illusory.
In fact, I think the rise of Uber and Seamless for all has exposed the limited value of perks as a way to further “compensate” associates. And associates need to remember, particularly the ambitious ones, that perks are something that should be outgrown. I am not saying to go hungry when you are stuck late in the office as part of some idealistic crusade against taking handouts from employers, only that you want to get to the point in your career when the attraction of perks diminishes. Because in order to shed an “employee mentality” and transition to a partner or owner approach to your career, it is important to learn that true control over life choices is reserved for those people who earn that control. The best perks are the ones that are not handed out.
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Please send any comments or questions to me at [email protected] or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome. For those interested in the intersection of intellectual property litigation and investing, I have also started a new blog/newsletter/video series, “The Markman Note,” which is being hosted at Mimesis Law. Feel free to check it out and let me know of any thoughts or suggestions.
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Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique. The firm’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at [email protected] or follow him on Twitter: @gkroub.