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Sweeping Sonnenschein Pay Plan Eliminates Lockstep, Offers ‘Flexibility’

Posted May 21, 2009 3:23 PM CST
By Martha Neil and Debra Cassens Weiss

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Joining a few other major firms that have recently made similar announcements—and perhaps going beyond their programs—Sonnenschein Nath & Rosenthal has announced a sweeping plan to reconfigure the firm's relationship with its associates. It includes but is not limited to across-the-board cuts, at least initially, in associate pay and a shift from traditional class-based "lockstep" compensation to a merit-driven model.

Billed as a move to provide the value that corporate clients are seeking yet enhance the professional lives of associates, Sonnenschein's "comprehensive redesign" involves structural changes not only in compensation but in the firm's hiring, development, staffing and evaluation of associates, explains firm chairman Elliott Portnoy in an internal memorandum (PDF) today that was provided to the ABA Journal.

The firm anticipates smaller first-year and summer associate classes for the foreseeable future, he says, although it will continue to hire outstanding law students and lateral candidates. It also expects to put star associates on a fast track to partnership while offering "flexibility" in other arenas as well to those who seek it.

As of June 1, Sonnenschein will cut the starting "base" salary for incoming first-years to $145,000 and implement a reduced "individualized base salary" structure for the rest of the firm's associates, the memo states. At the same time, however, the firm will also increase its bonus pool and eliminate a minimum billable hours requirement to qualify for a merit bonus.

"The net effect will be to reward our highest-performing associates—at levels that can exceed their current compensation—while reducing our cost structure in ways that will give us flexibility to better meet the needs and changes our clients are seeking," Portnoy writes.

Rather than focusing on billable hours, the firm plans to shift in 2010 to a "performance and merit-based system" of compensation and promotion for associates, the memo states. A greater emphasis on associate training, evaluation and mentoring will be part of this approach, and the firm also plans to expand secondments, in which associates work in the offices of corporate clients.

"What we’re doing is really groundbreaking. It’s really a key strategic initiative; it’s not just a response to the economic climate,” firm spokeswoman Linda Butler tells the ABA Journal.

Additional coverage:

ABAJournal.com: "Baker & McKenzie Reportedly Cuts Pay for Some Associates"

ABAJournal.com: "DLA Piper Cuts Starting Pay to $145K, Apparently May Eliminate Lockstep"

ABAJournal.com: "Reed Smith Cuts Associate Pay 10%; New Hires Could Take Bigger Hit"

ABAJournal.com: "‘Meganumbers’ Pay for Lawyers Is On the Wane, Recruiter Says"

National Law Journal (sub. req.): "Sonnenschein announces associate pay cuts, performance-based compensation system"

Comments

1.

B. McLeod
May 21, 2009 11:22 PM CST

A “sweeping” pay plan.  Aye.  Seems appropriate.

When I was a lad, I served a term, as office boy in an attorney firm.  I cleaned all the windows and I swept the floors, and I polished up the handle to the big front door.

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2.

YeeeeeeeeeeehAW!
May 22, 2009 6:03 AM CST

“Rather than focusing on billable hours, the firm plans to shift in 2010 to a “performance and merit-based system” of compensation and promotion for associates, the memo states.”

Better start practicing your golf game and laughing at partners’ jokes, Sonneschein associates, if you want to get your “merit” pay that’s not based on hours…....

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3.

Just Me
May 22, 2009 7:33 AM CST

More proof of the demise of big law

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4.

newt1989
May 22, 2009 7:41 AM CST

I never understood Sonnenschein’s method of providing bonuses based on billable hours—that just reeks of padding hours to me.  We provide associate bonuses baed on money collected—an objective measure, away from the subjective—but focused on what a client is willing to—and does—pay for.  But then again, we have never provided lockstep raises either.

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5.

StephenG
May 22, 2009 8:41 AM CST

“Merit-driven” compensation model = pay cut for all and the top billers will take slightly less of a pay cut.

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6.

sidren55
May 22, 2009 7:41 PM CST

With all due respect, because I don’t know the Sonnenschein firm from a hole in the ground, regardless of the PR, the firm’s “sweeping plan” IS clearly a response to the current economic crisis in which we find ourselves.  If that wasn’t the case, it would have happened a long time ago, because I’m sure that the Sonnenshein firm (as with many others) is full of really intelligent people.  Maybe the firm was afraid to make changes because the partners thought they wouldn’t be able to compete with other firms to attract employees.  A race to the top which has now become a race to the bottom - and it’s always the employees that take it on the chin because of lack of vision by the .  The billable hours system is crap as far as I’m concerned because it’s rife for abuse, i.e., padding of hours,  and it means new associates spend WAY too many hours at work in an effort to prove their worth because there doesn’t seem to be any other way.  What about bonuses based on motions won, or how many calls are returned, or taking on pro bono cases, or community service hours, or even double plays or most outs for the firm softball team? Best of luck to the Sonnenschein firm - maybe it will be rewarded for valuing its employees in other than traditional ways - that is, if this REALLY isn’t just a response to the current economic climate.

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7.

BMF
May 23, 2009 12:32 PM CST

I’m sorry, but I fail to see where ANY first year associate is worth $145,000—even in NYC. A better plan would be to hire a few extra associates, pay them $95,000-$100,000, work them a maximum of 60 hrs. per week, and advance fewer of them to the mid-level range. As for the whiners who would point out the expense of living in NYC: If they only worked 60 hrs. per week, they could communte from NJ or Philly by train, and still live well.

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8.

B. McLeod
May 27, 2009 12:42 AM CST

Ah, BMF, you should not apologize, as you see all too clearly.  You don’t “fail to see” at all.  You are right on point.

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