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

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

Everyone is talking about the recent Partners Compensation Survey conducted jointly by Major, Lindsay and Africa, and Law360. Perhaps rightly so. The data for the Survey came from some 1800 equity and nonequity partners. While it was not specified, my guess is that those surveyed primarily came from larger firms.

 

The big headline from the Survey is that 2021 was a great year to be a partner in big law, at least financially. It was a record year across the board. So much for the notion that you can’t be productive working from home. But there were some other takeaways that are perhaps not so attention-grabbing. I recently talked with Craig Savitzky, Senior Data Analyst of Law360, about some of these.

Continue Reading The Partners Compensation Survey: Lots of Interesting Non Comp Findings

Just like Moneyball concepts changed baseball forever, perhaps the same may be happening in legal tech. Yes, legal tech companies are making more data and financial based decisions. But the old days seemed, well, more fun.

 

Another day, another announcement by a legal tech company of increased integrations, acquisitions, or consolidations. Monday, Reveal announced that it acquired Technically Creative. Tuesday it was MyCase announcing an integration with LawToolBox for rules based court calendaring.

 

Integration, acquisitions, and consolidation are all the rage in legal tech these days. We have seen FastCase partner with Visalaw.AI for a state of the art immigration case management platform. (October 25). On October 17, it was announced that Netdocs was acquiring Worldox. Clio recently announced advanced several third party app integrations. (October 10). Haystack acquired Business Intelligence Associates (September 7). Relativity acquired Heretic (August 29). BigHand acquired Digitory Legal (August 22).

Continue Reading Moneyball Comes to Legal Tech? Or Am I Just An Old Curmudgeon?

Early on in the ABA’s most recent annual diversity Survey Report, the authors quote the French writer Jean-Baptiste Alphonse Karr: “The more things change, the more they stay the same”. The bottom line from this year’s Survey is summed up in one sentence from the Report:  “White attorneys, male attorneys, non-LGBTQ+ attorneys, and attorneys without disabilities dominate in representation within law firms and therefore in hires, promotions, leadership, and compensation”.
The Survey confirms pretty much what all the other similar Surveys from the ABA and elsewhere show year after year. Let’s face it: by and large, the legal profession is one of the last bastions of old white male domination. From equity partnership to compensation to associate hiring, being a white male entitles you to the keys to the legal kingdom. I have written about this here and here and here and here and here. You have to wonder what needs to happen for there to be any significant change.

Continue Reading When Will We Ever Learn: The Sad State of Diversity in Our Legal Profession