Lawyers enjoy using the prefix “non”. Nonlawyer, nonequity partner; as someone who was not a lawyer once told me, “I don’t like being referred to as a non anything.”

For law firms, making someone a partner is a little like a marriage. It brings legal obligations, creates emotional bonds, and can be hard to escape. Making someone a nonquity partner, on the other hand, is like living with someone. If you don’t like how it’s going, you can just cut your losses and move on. No fuss, no muss.

The concept of the nonequity partner tier has been around for a long time. ). But it has picked up considerable steam in the last decade as firms grappled with large groups of associates becoming eligible for partnership. Perhaps, given the numbers, equity partners were not as familiar with many of the associates who were eligible for partnership as they once were. These were often associates the equity partners were perhaps unsure of but didn’t want to lose (aka let’s hedge our bets). All too often, these were, unfortunately, women and people of color.

Continue Reading Swelling Ranks of Nonequity Partners In Law Firms: It’s Not Personal. It’s Just Business
The traditional law firm. Composed of partners: the firm owners who toiled in the associate vineyards for several years and who were ultimately rewarded with the brass ring. A partnership, a piece of the ownership of the firm. A piece of security that tied you to the firm and your partners. On the other side were the associates—those who worked hard toward partnership and the security it brought.
 

Continue Reading Non Equity Partnerships and the Changing Law Firm Culture

I was recently at a charity benefit reception and dinner. An acquaintance (and I stress acquaintance) came up to me, took one look and out of the blue asked, “you’re retired, aren’t you”? For some reason that question was both galling and irritating. It took me a bit to figure why even though I’m sure the acquaintance didn’t mean any ill will and was just trying to be polite.

The short answer: I may not practice law full time but I’m far from “retired” and the assumption that I am just because I changed careers is disappointing. I’m not going gently into the night.

Do not go gentle into that good night,

Old age should burn and rave at close of day;

Rage, rage against the dying of the light.

Do Not Go Gentle into That Good Night, Dylan Thomas

Perhaps some background is illustrative.

Some Background

As many know, I practiced law full time for over 30 years as an equity partner in a large law firm. Most of that time, I defended companies involved in mass tort litigation. My work took me all over the country and was challenging and cutting edge. It was a wonderful career, and I don’t begrudge any of it.

But long about 2017, I discovered a new interest in writing and speaking about legal technology. It’s no secret why: since I was always on the road practicing my cases near and far, I had to have the best technology to help me do that.

I enjoyed writing about legal tech and in 2017, made the decision to pursue a second career as a legal tech journalist full time. I was frankly ready for the new challenge. I wanted to see if I could achieve success doing something different than practicing law and for which I had no formal training and little experience. I wanted to see if I could do it.

Here’s what my “’retirement” actually looks like.

How’d That Turn Out?

Since then, here’s how it turned out:

  • My blog Techlaw Crossroads is a well-respected and well known legal tech blog.
  • I write regularly for Above the Law, also a well-known and respected legal tech outlet.
  • I write for an ABA publication, Law Technology Today.
  • I am a regular panelist on the Legaltech Week Journalist Roundtable composed of the leading journalists in the community.
  • I’ve won awards for my writing and my contributions to CLE.
  • I am on the faculty of a trial technology training program.
  • I chaired the ABA Law Practice Division composed of over 30,000 members.
  • I co-chaired the ABA TechShow, one of the leading legal technology conferences.
  • I am co-chair of the Kentucky Bar Association Law Practice Management and AI Committees.
  • I host a podcast consisting of interviews of legal tech vendors and movers and shakers.
  • I regularly attend and speak at conferences, trade shows and other legal tech and even standard tech events.

All in all, I think I’ve done pretty well.

A Part Time Hobby?

As for the part time nature of what I do, I have kept track of the hours I actually work on my second career. (Old habits are hard to kill). Last year I worked close to 1800 hours. This year I am on track to work even more. I regularly hit between 1700-1800 hours. That’s pretty close to my billable hour output the last few years I practiced full time.

And while I use the word “work” it’s really not work-work. I love every minute I spend on my new career. It’s a challenge; I wouldn’t trade it for anything.

But one thing it ain’t is retirement and the insinuation that it is strikes me as insulting.

Still Fighting for Every Inch

But the deeper issue isn’t just about hours worked, it’s about assumptions and ageism. The idea that leaving my legal career means I’m just dabbling, not really working hard or trying my best, is what irritated me most about the question.

I reject the notion that when you reach a certain age and decide to do something different, you can’t or won’t contribute meaningfully. That you need to go gracefully out to pasture, endlessly watching TV while thinking about the good old days. That you’re of little value and expected to just slowly fade into the sunset. That’s not living, that’s slow death.

I am not fucking retired

So no, despite what my well-meaning acquaintance assumed, I am not fucking retired. As long as I have life in me, I’m going to pursue my new career, or maybe even my next one, just as hard and as long as I can. Like Coach Tony D’Amato (played by the incomparable Al Pacino) in the movie Any Given Sunday said:

“I know if I’m gonna have any life anymore it’s because I’m still willing to fight and die for that inch — because that’s what living is.” 

Either that, or like Paul Simon, maybe I’m just still crazy after all these years.

Law firms are facing a perfect storm: rising client demand, increased competition, and associates leaving at double the rate from last year.

New data from BigHand shows that 43% of work assignment decisions are based on personal preference rather than merit, and 45% of firms only have partial data on associate capacity and utilization. 

The cost of losing a third-year associate now exceeds $1 million. Yet most firms continue resourcing in the dark instead of using data-driven allocation. Partners cling to gut instinct and control, even as associates burn out from uneven workloads or worry about being underutilized.

I’ve seen talented associates written off as underperformers simply because they weren’t getting the right opportunities. One associate I knew went from nearly being fired to becoming an equity partner with top origination numbers all because someone finally matched their skills to the right practice area.

Data-driven resource allocation isn’t just about efficiency. It’s about fairness, reducing attrition, and building stronger firms for the future.

Here’s my post on Above the Law

A new study from the Blickstein Group reveals some disturbing trends for law firms that represent businesses, particularly large ones. The Study is entitled Legal Service Delivery in the Age of AI. The Study was done jointly by FTI Technologies, a consulting group, and Blickstein. It looks at law department legal operations.

Continue Reading GenAI, Legal Ops, and The Future of Law Firms: A Wake-Up Call?

It’s a common theme among law firm leaders, particularly big law firm leaders, to claim that their firms have some sort of vaunted “culture” that has been painstakingly developed over many years. This incredible culture, the theory goes, imbues the firm with some kind of wonderful familial aura, enabling the firm and its lawyers to respect a time-honored profession.

Based on what I’ve seen lately, I have to largely call bullshit on all that.

Continue Reading Have Big Law Firms Lost Their Cultural Soul?

I was recently at a conference of elite trial lawyers where I presented with Dr. Maura Grossman and was on a panel session where we demonstrated how Generative AI could be practically used. But perhaps the most enlightening time was spent outside of the conference in networking conversations which is, of course, typical.

One of those times was when I had a chance to chat with John Trimble. I have known John for several years. He is not only an outstanding lawyer and frequent consultant to small and mid-size law firms but also a thought leader in law practice management.

Standing in the Food Line

Continue Reading Law Firm Management: It’s Not All (Or Only) About Tech

Bad news travels at the speed of light; good news travels like molasses. Tracy Morgan

As I have discussed before, Law360 often releases Surveys that focus on the legal profession. Law360 is pretty reliable because of the number of subscribers and customers to which it has access and the methodology it typically uses.

A recent one, entitled the Law360 Pulse Lawyer Satisfaction Survey, was eye-catching. The Survey was interesting mainly because it suggests that, despite all the negative talk about lawyers’ dissatisfaction with the profession, the opposite may be true. It’s sort of like good news: you don’t hear much about it. Indeed, the Survey got little press, as best I can tell.

Continue Reading In Defense of Law: The Surprising Career Satisfaction Rates Among Lawyers

Dan Roe of law.com recently reported on a study by Edge International on the problem of underperforming partners. I have written on this issue before.

Identifying and defining underperforming and underproductive partners will prove more and more challenging given the changing dynamics in the profession. Those firms that evaluate partners’ performance and productivity only on current financial metrics may face problems in the future.

The Survey

According to the Survey, more than half of the responding firms believe underproductive partners hurt firm profitability. And two-thirds say they intend to act on the problem within the next two years.

Continue Reading Beyond the Billable Hour: Rethinking Partner Evaluation to Enhance Long-Term Financial Health

Why are lawyers incompetent when it comes to e-Discovery: Hubris. Time. Perceived easier options.

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Stephanie Wilkins recently wrote an excellent article entitled, “Is Attorney E-Discovery Incompetence the Elephant in the Room?” In it, Wilkins notes a recent Report from eDiscovery Today, a website paper from EDRM, commentary by several exerts, and several recent examples that all evidence the glaring ignorance of so many lawyers about e-discovery issues:

Continue Reading Why Are Lawyers So Darned Incompetent With E-Discovery? Three Reasons