MoFo Makes Bold Decision To Spy On Its Attorneys

Living up to its name, I see.

Everyone knows one of the absolute worst parts of Biglaw is timekeeping. Sure, sure, it’s how firms get paid so we GET why it’s important, but it’s still a trudge. So the advent of newer technology designed to help out with this menial task is welcome. But, what that definitely doesn’t mean is that it’s okay for Biglaw firms to install software mandatorily on firm devices so they can watch every mouse click an associate makes.

But that’s exactly what’s going on at Morrison & Foerster.

Business Insider (subscription required) has the details:

On April 21, New York timekeepers — law-firm speak for anyone who bills by the hour — had a feature called Intapp Time Capture turned on on their computers, according to an internal email seen by Insider. The feature has been available since October, with 15% of timekeepers opting in. But it will now be turned on automatically, according to the email. Pitched as a way to capture “valuable data,” it tells users how much time they spend in which files, on which websites, and on which phone calls so they can file more accurate records of billable hours.

Partner Tim Harris gave the feature a thumbs up, saying, “I have been using this tool for several years and it has helped me capture TONS of billable time.” But… wasn’t it nice that he got to choose whether to opt in? The feature itself isn’t the issue as much as requiring its use. And, also, a senior partner has almost an infinite amount of freedom compared to associates. Younger attorneys (probably correctly) will fear the long hand of Big Brother MoFo getting all in their business about every minute they spend in the course of a day.

Insiders definitely feel the warm breath of surveillance on their necks:

“Everyone just presumes the firm did it to monitor our behavior more — true or not,” said a Morrison & Foerster lawyer who asked to remain anonymous because they did not have permission from the firm to discuss the policy.

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And the timing is real shit too. Like everyone is feeling the strain of quarantine life, the end of which is nearly in our grasp, and now the firm is really sticking it to folks to make sure they get every damned billable second out of associates? As an insider told BI, “Rather than more moral support, it was more pressure.”

All of which means morale has taken a real hit, as Above the Law tipsters report:

Excuse my French, but it’s a bunch of bullshit. Morale at the firm is at an all-time low. First, they wait until the very end to announce bonuses. Then they install the Time Capture application, which is really meant to track us at every waking moment and/or squeeze an extra .6 out of each day.

Tipsters also point to MoFo’s recent switch to “unlimited” vacation time (which actually can make it a lot harder to justify taking the much needed time off). All of which is a recipe for increased stress and burn out.

Biglaw needs to take the technology available to help and support its associates, not use it as a backhanded way to ratchet up the pressure. That’s not a good — or sustainable — idea for anyone.

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headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).