3 Questions For A Biglaw Challenger (Part II)

Lawyers at Pierce Bainbridge will tell you that they've never had so much fun practicing law.

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Last week, I presented Part I of my written interview with patent attorney and co-head of Pierce Bainbridge’s IP group, David L. Hecht. That column presented his answers to the first two of my three questions and focused on the rapid growth of Pierce Bainbridge and David’s biography. What follows is David’s answer to my remaining question. As usual, I have added some brief commentary to his answer below, but have otherwise presented his answer as he provided it.

3) What makes a firm like yours attractive to Biglaw refugees (especially patent lawyers) looking to grow their practices?

Far fewer conflicts, and much greater upside.  We are lean and mean. We keep the firm’s overhead as low as possible and invest in legal talent and support (both human and AI).

We want to promote a collegial — and very fun — environment where people genuinely love to work.  There is respect between lawyers and between lawyers and staff. Partners do not treat associates like inferiors.  We take our associates to pitches; we let them argue motions, take/defend depositions, and even examine witnesses at trial.  We only hire associates who we intend on promoting to partner. In doing so, we have thrown away the pyramid scheme business model pervasive at Biglaw.

It has been a bloodbath for many patent groups out there, both patent prosecutors and litigators.  Many large clients with prosecution needs are simply taking the work in-house. Billable rates have simply gotten out of control and firms refuse to think outside the box or listen to their clients.

In litigation, patent lawyers face a multitude of challenges, including Alice, IPRs, and the risk of appeal.  Faced with this current environment, patent owners are reluctant to enforce their intellectual property.  That uncertainty and the high cost of litigation has led to much less substantive patent litigation in recent years.  There is also very little money in defending against most NPEs, a major source of revenue for many patent groups just a few years ago.  There are far fewer opportunities in patent law than there used to be; very few firms are positioned to prosper in this kind of environment.  That’s where Pierce Bainbridge differs.

Someone once told me that you must find the right platform to succeed as an attorney.  He was right. At Pierce Bainbridge, we have the most flexible platform in the industry.  We have great relationships with litigation funders. We embrace alternative-fee arrangements and even contingency cases.  Our overhead is astonishingly low, so even for straight billable work, we can offer Biglaw talent at a discount.

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Unfortunately, most patent lawyers have a lousy platform.  Most firms do not permit lawyers to hit the brakes on their rates and many lawyers are denied the opportunity to bring in business even if conflicts are cleared due to a “perceived” conflict or other nonsense that makes no business sense.  It’s no surprise that so many talented litigators keep emailing us about joining!

I was once told at Biglaw that we were paid a lot of money to put up with a lot of shit, including firm politics and people who are just plain nasty.  That’s not our view at Pierce Bainbridge. Our lawyers are paid to be excellent lawyers — and to win. We don’t want drama at our firm.

Our lawyers will tell you that they’ve never had so much fun practicing law.  I very strongly feel the same way. I’m having the time of my life here. The dynamics of “work” have fundamentally changed for us.  It doesn’t feel like work when you genuinely enjoy what you are doing and are surrounded by great people there to support you at every turn.

GK: It is always nice to hear from lawyers who are proud of their firm and actually enjoy their work and work environment. There is no doubt that the market for patent lawyers is a challenging one, both in terms of sourcing client work and in terms of lateral movement to another firm for those dissatisfied with their current firm. Changing client appetite for both risk and incurring legal costs have helped smaller firms punch above their weight in the patent space — a fact I can attest to from my own practice. At the same time, smaller firms like Pierce Bainbridge with a dedication to smart growth will find ample opportunity to attract talent. We all know that loyalty is a declining value in the legal industry, and patent lawyers will always find themselves looking for opportunities that allow them to craft their practices to suit their talents and ambitions.

My thanks to David for the insights and cooperation, and I wish him continued success and fulfillment with his practice at Pierce Bainbridge. As I have said before, it is always a privilege to hear from an established IP personality, especially one with such a big role to play in growing the IP group at a formidable Biglaw challenger. I am always open to conducting interviews of this type with other IP thought leaders, so feel free to reach out if you have a compelling perspective to offer.

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Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.

Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

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