Friday, February 17, 2017

Wash. Rinse. Repeat. How law firms 'yesterday' usage of today's attorney is a recipe for failure.

sta·bil·i·ty :


the quality or state of something that is not easily changed or likely to change.


the condition of being reliable or unlikely to change suddenly or greatly.

Let's review the typical line for the typical associate at a BigLaw firm. Associate with excellent credential's joins law firm. Associate comes in at 9:30 am and stays until 11:00pm creating the appearance of being one of the hard workers, in hopes of ingratiating him or herself with the powers that be at the firm. Associate works really hard, sacrificing time with friends and family, because as the saying goes in BigLaw "firm first." Mentor-ship is limited for the hardworking associate; business development training is non-existent. All of the associates firm time is spent servicing the clients of the partner for whom that associate works for clients that the associate rarely, if ever has contact with. Three years pass and the associate is working as hard as ever. Four, five, six, seven, and then year eight comes. That's when the the review comes and the associate is taken into a room and told that all thought they are a good attorney who does good work, they are not going to be considered for partner because the firm feels the associate lacks business development acumen. You have not developed client service skills. That the partners feel that you haven't set yourself apart from your fellow associates when it comes to leadership. Thank you for your service. Goodbye. Time to bring on a new class of associates.

Now what happens when these firms go out with the old and in with the new?  Some firms have a smooth transition buts most, and far too many require 'ramp up time' for these new associates. The client is now being charged for time that an associate needs to work on the case and review case matter that had previously been reviewed. Paying twice for the same service. No one wants that would you pay from some one to clean your shirt that you just brought home from the cleaners? Many of the  Biglaws clients never catch on to this rouse, but with those who do, the firm client relationship usually doesn't end well.

There is also a client relationship issue that comes along with this formula. Some of the more senior associates, become the point of contact or the day to day intermediary between the client and the firm. The client talk get to know these associates and become comfortable interacting with a particular person or persons only to find out that one day that person has been asked to leave the firm in a month or two.This erodes at the bonds of the clients loyalty, making it easier for that client to consider taking future elsewhere when a new suitor firm comes along asking for the business.

This practice is also not cost-effective. To pay out severance for the former associates and turn around and pay for orientation and working the new associates up to speed is a flawed.  For about 1/4 of that cost the firm could invest in the associates professional development and create a line of capable, disciplined attorneys who groom clients in a consistent manner. What it would also do is strengthen loyalty with the attorney ranks, so when that alternate opportunity comes around when that attorney is a partner with the firm, that person will have a stronger bond to stay with the firm because they will have a stronger belief that their current firm was and still is an integral part of their practice being successful.

Reputation and associate loyalty also takes a hit as well. Once a firm gets a reputation of a 'churn and burn' the associates inside that firm begin to plot the mass exodus after year two or three. This leaves a gap in skillful 'home grown' talent that in a supportive environment could be groomed to be loyal and consistent assets to the firm. Image a class of associates that where 75-80% of those associates spend 15 or more years with that firm, helping to shape and maintain firm culture and standards. A firm where the clients can breathe easy and rely on long lasting and consistent relationships with the attorneys that service their business.

Law firms need to pull away from the 1980's law firm culture. Churn and burn is not a recipe for success in the 21st century. Associates have changed, they value fulfillment more than monetary gain. Corporations and clients have changed, they value relationships, communication and specialized service. This is more important to clients than the 101 year old reputation of a firm with bloated fee rates.

So BigLaw, before you stick that seventh or eighth year associate in the dirty bucket maybe you should be sure that you have exhausted all means of helping this attorney be successful because you just may be throwing the keys to the long term success of your firm in the wash unknowingly.




Gregory Copeland is Executive Vice President of Reuben/Alan LLC, a legal consulting and strategy firm, He is also Managing Partner of its sister company Marshall Graham, an attorney search firm.