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To Boutique or Not to Boutique

Recently, I spoke with a senior associate that was working at a boutique firm.  She had been there for less than a year and had previously worked for a number of years at an AmLaw 100 law firm.   In speaking with her, I could hear the frustration in her voice about having made a move that she thought was definitely the wrong move for her career.  She was obviously a very bright and accomplished attorney, but I got the sense that she felt like she had somehow failed for not having considered the significant differences that can exist between large firm practice and some boutique environments before she made the move.  She was being far too hard on herself — but for the benefit of those considering such a move, below are some of the more significant differences we discussed which I think are worth noting.

1. Resources/Technology.   Often associates coming from large firm practice don’t realize just how accustomed they have become to the every day resources allotted them in large firms.  These resources include such things as updated computer systems, having a lap top and blackberry, upgraded phone systems, the ability to work remotely and accessibility to a night staff.  Associates often take these resources for granted and consider them to be standard in the industry.  The reality is that some smaller firms don’t have the expanded resources of larger firms.  There can be significant trade offs moving from a large firm environment to a smaller firm, and one of the trade offs may be fewer resources.

2. Billable Hours/Face Time.  Working in a firm of 20 to 30 attorneys is dramatically different than coming to work and having the ability to “loose” oneself in a firm of 500 attorneys.  In a smaller firm environment, irregardless of whether you might be working remotely, if you are not in the office everyone knows it – and it is often not looked upon favorably.    For whatever reason, smaller firms tend to be harder on their associates regarding actually being in the office. Perhaps it is because these firms tend to be so leanly staffed and they need what few associates they may have to be immediately accessible at all times.  Of course, this is not true of every small firm, but it is definitely something I hear from attorneys who have come from large firm practice and are accustomed to managing their day/billing time, whether they are physically in the office or not.  In addition, associates who have transitioned to a smaller firm for fewer billable hours may find that because these firms tend to be so leanly staffed, the billable hour expectation can actually end up being much higher.

3. Culture.  Although many smaller firms can provide excellent cultures, the size of some of these firms makes it impossible to “escape” the grip of a difficult partner.  Whereas in a large firm, if an associate is having trouble with a partner in a particular group, he/she may be able to simply fill his/her plate with work from other partners, thus avoiding “combat, in a smaller firm it is virtually impossible to avoid anyone.

4. Sophisticated Clients and Work.  Some boutique firms have very high profile clients that spin-off sophisticated work – and some don’t.  An associate should ask for and evaluate a list of a firm’s Top 10 representative clients and matters which have been most recently serviced by the firm.   Another consideration is the length of time these particular clients have been with the firm.

5. Viability of the Firm’s Practice Focus/Financial Stability of Firm.  A boutique’s practice focus can have everything to do with its viability for the long-term, particularly in an economic downturn like the one we are currently experiencing.  For example, a real estate boutique that has not expanded its practice capabilities may suffer tremendously in a down cycle.  Depending on the size of the firm, its client base and financial stability may not survive a tough cycle.  Thus, before joining a boutique focused in a particular specialty, associates should consider both the short- and long-term effects the economy would have on a firm’s viability.

6. Compensation.  Many associates are willing to take a cut in pay for promised lower billable hour expectations.  Although some smaller firms may actually live up to these promises, associates may find that they are billing at the same levels, but are receiving considerably less compensation.

7. Power in the Hands of a Few.  It is fairly common for a few name partners in a small firm to have control over most if not all of the decisions being made about the firm.  These partners often maintain control over all of the clients, the strategic growth of the firm and have the power to decide how particular associates will progress at the firm.  Thus, exploring whether making partner is actually possible and the path for progression at the firm is very important for any associate transitioning from a large firm.

8. Mentorship.  In large firms, mentoring relationships for associates often come about as a result of formal mentor assignments or naturally via consistent work with a particular partner.  Because of the nature of how small firms generally manage their cases and time, and primarily because of lean staffing on cases, what often occurs in small firms is that associates are thrown into the pool to “sink or swim”.  This is not necessarily intentional on the part of partners, but is often a result of a lack of real time to allocate toward practical training.  Of course, some associates leave large firm practice to gain hands on experience, so this “sink or swim” opportunity may be just what they are looking for.

There are definitely many advantages to moving to a boutique which we have not discussed here, but being cognizant of some of the adjustments you may have to make may save you from regretting such a move down the road.

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The Boutique – An Excellent Alternative for Labor and Employment Partners

I have had the privilege of working with a number of labor and employment partners who are seeking to depart general practice firms for a variety of reasons.  Some of the reasons partners are leaving include:  demanding billing rate structures, conflicts and practice profitability pressures.  Labor and employment boutiques offer excellent alternatives for partners seeking to leave general practice firms.

Rate Structures.  Often labor and employment partners in the largest general practice firms not only feel the pressure to increase their rates for long-term clients, but also to dramatically increase their billable hours and books of business.  In some cases, this is doable if the firm at which they are practicing has a strong (and busy) corporate client base, and provides excellent cross-selling opportunities internally.  Unfortunately, not all firms are as successful in encouraging cross-selling as others and in a depressed economy where corporate departments may be suffering, cross-selling to corporate clients becomes a significant hurdle for many labor and employment partners.  Since labor and employment boutiques can often be more accommodating to lower billing rate structures and alternative rate arrangements, they are excellent alternatives to general practice firms.

Conflicts.   As general practice firms continue to grow and expand, conflicts become more and more prominent for partners who may be interested in bringing in new clients with labor and employment needs.  It is unlikely that a labor and employment partner will face the same types of conflicts situations in a boutique environment.

Profitability Pressures.  With increased billing rate pressures and firms focusing on the bottom line, many labor and employment partners with slightly lower billing rate structures are under tremendous pressure at general practice firms which typically don’t view labor and employment practices as huge profit centers.  Thus, the national labor and employment boutique environment can present a very healthy alternative for a partner experiencing these pressures.

If you’re a labor and employment partner facing these obstacles at a general practice firm, think about the boutique environment as an alternative.  Even in this challenging economic environment, opportunities abound!

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Pay to Play in Politics; Pay to Stay in Law Firms

The pay-in for equity partners at DLA can be as much as $150,000, according to an article published in The National Law Journal today. Could it be the new trend for similarly positioned globalized law firms? Here’s a link to the article discussing the likelihood that non-equity status may be a thing of the past and “pay to stay” may be the wave of the future: http://http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202426727867

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High Demand Should Motivate Partners To Move Now!

Even in these tough economic times, there is increased demand by law firms for partners with business. Why would any partner decide to move to another law firm in such a tumultuous economic market?

First, firms not equipped to withstand this extreme economic downturn will not be able to stabilize and survive. Therefore, it is imperative that partners assess whether or not their current firm is financially sound and will provide the best environment for their clients during the next few years of recovery and beyond. If a partner’s current firm is rapidly declining and is experiencing a high level of attrition and movement at the associate and partner levels, it could be exactly the right time to make a move.

Second, firms are expanding and diversifying their practices to better service their regional, national and international clients, so it is an excellent time for partners to seek out new opportunities at firms that are well positioned for continued growth and expansion and which would provide additional cross selling capabilities, and services to their clients.

Finally, although some firms are downsizing and closing their doors, other firms are expanding, merging and have recently launched new offices. Additionally, many firms are launching new and innovative niche practice areas. Thus, if you are a partner with niche expertise in areas that are or will likely be in high demand during this tough economic cycle, you could take advantage of these new opportunities and actually lateral to a more prestigious firm with a better platform.

Now is the time for partners to evaluate their current position. There are opportunities in every market, whether the economy is good or bad. Partners who can seize upon new opportunities in this down market will have better control of their careers and be in a better position to respond to their clients’ needs.

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Are You A Partner Contemplating a Move?

Recently, we have seen a surge in the request by law firms for partners with business. Partners with significant portable clients probably will not find it very difficult to transition effectively in a market like this. However, partners with smaller books of business need to convince a firm that they can add future value to the firm and have plans for developing business. If you are a partner contemplating a move, a well written business plan can greatly enhance your marketability. For a link to an article which discusses the key elements of business plans and may help you prepare your own business plan, click here: http://www.bcgsearch.com/crc/partner-business-plans.html

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Two-Year Law Degree?!!

Northwestern University School of Law is going to be offering a two-year J.D. program which will be launched in 2009. It is the only highly ranked law school currently offering this type of program. The affect this program will have on OCI’s, summer programs and hiring in general remains to be seen. Click here for the article about the program which appeared on law.com.

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