Law Firms Should Follow Corporations in Looking Beyond Self-Interest

Law firm greed. 

I have been writing about the negative impact of greed in the law profession since 2016.  It was then that I first discussed how the greed manifested by large law firms is undercutting the professionalism of the business of law.  Those comments appeared in an article I penned for Corporate Counsel in its September issue that year, and I have discussed the concepts many times since in articles and remarks to legal audiences.

In essence, I argue that it was the greed of Wall Street that brought our economy to its knees in 2008, and it will be the greed of the law profession that will bring the business of law to its knees all too soon if we do not reverse course.  Reversing course will require a renewed dedication to the values of our workforce and the wellness of our law professionals, thoughtful consideration and action on specific issues of telecommuting and work-life balance, examination of the role of billable hours in determining competence and value, and use of our resources and talents to serve communities and society.

Most recently, I discussed these concepts at a law firm partnership retreat within the larger context of a discussion about what millennial lawyers want.  By building on the reality that millennial lawyers will be 75% of legal professionals by 2030 and the research that millennial lawyers desire less greed and more caring, I found my audience to be much more attentive than some audiences of the past.  Law firm managers now recognize that the future of their firms and robust succession plans lie with millennial lawyers and their millennial clients.  Numbers do not lie.

So, I was cautiously encouraged.  And then I was even more encouraged to see a reverse course from the Business Roundtable last week.  As reported in a Wall Street Journal article, leaders of some of America’s largest companies are rethinking the notion that corporate decisions should rightfully revolve around the needs and desires of shareholders.  Meaning profit to the exclusion of everything else.  Meaning greed.

So, business leaders extraordinaire, including the likes of Jamie Dimon of JPMorgan Chase and Jeffrey Bezos of Amazon and scores of their corporate colleagues, have decided that corporate leaders should take into account all stakeholders — to include employees, customers and society at large — when making decisions about corporate direction.

The newly-formulated “Statement on the Purpose of a Corporation” begins with this sentence:

Americans deserve an economy that allows each person to succeed through hard work and creativity and to lead a life of meaning and dignity.

The new statement goes on to identify multiple obligations to support this goal, in the following order of importance:

  • Delivering value to customers.
  • Investing in employees.
  • Dealing fairly and ethically with suppliers.
  • Supporting the communities in which they work.
  • Generating long-term value for shareholders.

Some of these directives are mirror images of the arguments leveled against greed in the legal profession.  This is not surprising because law is a business, and, like other businesses, it must survive in a changing world.  Rules that worked yesterday may not work today.

Hopefully, this new view of corporate responsibility will rub off on law firm leaders who know that the clock is ticking and that the law firm leaders of tomorrow have different values and different world views.  And that those different values and world views need to be taken seriously and respected.

So much at stake.  So many watching.

 

 

 

 

 
 
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Thought For The Week: You can tell them that I will be back doing push-ups next week. Justice Ruth Bader Ginsburg, after surgery in December 2014

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Family Planning for Women Lawyers

Last week’s blog addressed the realities of non-equity partnership.  As pointed out in that blog, there is a lot of difference between equity partnership and the increasing non-equity partnership cohort.  If you have to refresh your memory, this might be a good time to do it because family planning for women lawyers builds on some of the themes of that blog.

For example, even though non-equity partnership may not include all that women lawyers are seeking, it could be a fine landing place for them while they are trying to make motherhood and lawyering work.

When making that decision for yourself, the first thing that you have to understand is that reconciling those two roles is not just a matter of who takes on the responsibilities of childcare.  Typically that is a decision for you and your partner, but that decision is too often made on an uneven playing field.

That is because some of the important considerations going into that decision start long before you and your partner share parenting roles.  Specifically nine months before.

Once a woman becomes pregnant and is carrying a child, a strong bond develops that is not easily broken.  By the time that bond has developed over the period of gestation, the bond between mother and child is so strong that giving birth is like feeling the earth move.  It is the ultimate defining moment, and the responsibilities of that bond are not easily handed over to another — not even a partner.

At least, that is the way it worked for me and for so many women I know — Boomer Moms, Gen X Moms and, now, Millennial Moms.  Age does not seem to make a difference when it comes to the strength of the bond between mother and newborn.

As a result, often new mothers feel like they are the only ones to properly care for their babies and toddlers, especially.  Call it instinct.  Call it the bond.  Whatever you call it, the feelings are almost uncontrollable.

And these feelings do not always lend themselves to an equal division of childcare.  Although domestic partners, who both work outside the home, are sharing much more of home and childcare responsibilities today, the issues of childbearing are not shared.  They are personal to a woman — and not any less so for a woman lawyer.

So, I encourage you to read this article from Law.com addressing how women approach family planning in the legal profession.  It will give you critical information to help you make the best decisions about motherhood and your career when the time comes.

Here are some topics that are addressed there:

  • The legal profession is based upon a rewards system that values the attorney who is always at work and has few outside obligations — AND that does not describe women with family responsibilities;
  • The best time to start a family on the road to partnership;
  • The impact on a woman’s physical being during pregnancy while practicing law;
  • Whether having children effects opportunities to make partner;
  • Whether being able to work remotely “without judgment” has a bearing on making maternity/motherhood and law practice work;
  • The importance of a generous maternity leave; and
  • The importance of knowing yourself well enough to set realistic goals and make good career decisions.

Many sacrifices have been made in the careers of women lawyers for the sake of families.  In the day, I gave up my partnership for the privilege of  practicing part-time after my baby was born.  Yes, it impacted my career, but it also enriched my life.  And I never have regretted waiting longer for partnership.  It was a choice I was willing to make.

And you will have to make similar choices.  Know yourself, know the facts, and be prepared.

 

 

 

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Thought For The Week: Think where man’s glory most begins and ends and say my glory was I had such friends. William Butler Yeats

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The Reality of Non-Equity Partnership

Lawyers at all levels of practice can be valuable members of the profession and can find satisfaction in their work.  That is a given, and the decision where you want to fall along the gamut is up to you.  But, before you put that decision in motion, be sure that you understand the terms.  For law firms, that includes being familiar with the ins and outs of non-equity partnership.

Non-equity partnership sounds good to many young lawyers who think they understand the demands of equity partnership and want something less. The thinking goes something like this:  I will still have an interesting practice.  I will have a great title.  I will make a lot of money.  And I won’t have to deal with as much client development, business promotion, and other firm management stuff that I really don’t like anyway.  So, what’s the downside????

Exactly, what’s the downside?  Although that line of reasoning may be good in theory, reality is a much better playing position when you are dealing with your career and your future.

So, it is a good idea to understand what non-equity partnership is, what it is not, how it came to be as popular as it is today, and who benefits most from it.

Those issues and others are covered in a recent article on Above The Law.  And the truth about non-equity partnership may not be all that you thought it would be.

As explained in that piece, the currently-popular two-tiered partnerships are made up of a junior class of  non-equity “partners,” who are paid set salaries, and the traditional inner circle of equity partners, who split the firm’s profits.  The rationale behind the creation of the non-equity group is to reward ambitious lawyers before they tire of the entry-level title of “associate” or other equally unsatisfactory monikers and look elsewhere.

Sounds good, right?  The firm is looking out for the junior talent. 

Maybe.  But, what is not so obvious is that the promotion to non-equity partner also allows the firm a justification to significantly raise hourly rates for this new class of “partners,” and the profits from that bump up goes to — you guessed it — the equity partners.

In fact, as further pointed out, the name change from “senior associate” or  “of counsel” or “counsel” or “special counsel” to “equity partner” is really a misnomer.  There is nothing in terms of traditional partnership about non-equity positions.  Sharing profits has always defined partnership, and there is no trace of that in the non-equity experience.  Clients don’t seem to notice and, as long as young lawyers do not care who profits off of a name change, it will continue.

But, there is more to think about.  The title also may negatively affect the futures of young lawyers in terms of mobility.  Titles can be misleading when it comes to market opportunities, and that can impact careers.  Be sure not to miss that part of the discussion.

And to educate yourself even more on the issues surrounding non-equity partnership, do not miss this article in the American Lawyer, which helps to sharpen the focus on conversations that are becoming necessary to eliminate the confusion and address the important issues about talent, opportunities and the futures of young lawyers.

Check out these articles and do not get blindsided when it comes to the subject of non-equity partnership.

 

 

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Young Lawyers of the Sandwich Generation

I know a little bit about the Sandwich Generation. 

I was 30 years younger than my mom, and, at the same time that she was becoming aged, my own two children were teenagers.  It seemed like everyone needed help — or tending — and I knew that I had to find a way to be there for my mom.

So it goes.  If you ever have found yourself in that situation, you know that you are caught between two devotions just like a big ole piece of bologna is caught between two delicious pieces of bread with no way out.  Not enough time to do right by anyone — or it seems — and, to boot, you have a job.  A responsible and serious job that you need to pay the bills and provide what you want for your kids, but you still want to care for mom, who cared for you so long ago.

The Sandwich Generation, which is more a feeling than a single generation identity, affects more women than men.  This is not surprising because women have proven themselves to be such grand caretakers.  We are naturals, and we are not always very forgiving of those who do things differently than we do.  Especially when it comes to caring for loved our ones.

This is an important subject because the challenges are a function of time — time that we often feel we do not have.  And now that the elderly are living longer, many young lawyers can expect to care for their elders a lot longer.  Welcome to the Sandwich Generation.

As pointed out to me recently, we talk a lot today about Millennials and Baby Boomers.  But when do we start paying attention to the needs of the Sandwich Generation?

Here’s a link to a slide show you need to see.  Watch it and pass it on to your colleagues, your partners, and your employers.  At some time or another, you all will need help figuring out the challenges of the Sandwich Generation.

And, in case you are wondering, law school did not cover this!

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Thought For The Week: Let us always meet each other with a smile, for the smile is the beginning of love. Mother Theresa

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