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Unrealistic Expectations, Poor Hiring, Bad Management = High Associate Attrition

Posted Nov 14, 2007 7:43 AM CST
By Debra Cassens Weiss

A lawyer career consultant puts part of the blame for high associate attrition rates on lawyers who have little clue about the realities of law practice and law firms that hire based on little more than law school grades.

In a column for Legal Times, Kate Neville acknowledges that many associates leave when they realize that the large law firms for which they work are not going to extend an offer of partnership. But she sees more factors at work in statistics that show almost 80 percent of large law firm associates leaving within five years.

They include:

  1. Many law graduates take jobs at big firms with “only a vague understanding of what practicing law is like, heavily influenced by TV and movie portrayals.”

  2. Law firms hire based on summer associate programs “focused more on lunch and happy-hour conversations than on work.” Often permanent offers are made to summer associates “as a default position” for fear of triggering a recruiting backlash.

  3. Large law firms often hire on the basis of law school grades, with little attention to business development skills.

  4. Most large law firms do not allow associates to switch from one practice area to another.

  5. Lawyers overseeing associates often have poor management skills, increasing associate dissatisfaction.

  6. Grueling workloads make it difficult to have a life outside the law firm.

Comments

1.

Steve Perkins
Nov 16, 2007 6:25 AM CST

I’m still a law student, so pardon what is perhaps a naive question… but do law firms REALLY care about high attrition rates in the first place?  I’m coming to the legal field from a background in I.T…. and in the software field, high attrition rates are simply part of the business model.  Even though the work done for a project team by most rookie programmers is useless at best (and counterproductive in most cases)... managers have no incentive to care when the cost difference is high, and their clients are too unsophisticated to know that they’re getting screwed anyway.  (and ironically, the larger the client the more likely they are to be unsophisticated)

I.T. managers often WANT high attrition as a means to deliberately lower costs.  From what I read about big law firms hiring large crops of rookies, with the expectation that 80% of them will be out the door in a few years, it sounds like the paradigm is similar.  Can anyone having more experience in the fleld weigh in on the issue either way?

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2.

AL
Nov 16, 2007 6:36 AM CST

Yes they care, if only because of the large amount of $$ invested in training.

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3.

MDM
Nov 16, 2007 6:54 AM CST

Yes they care, because the firms have to produce a certain amount of product in the form of billable hours to make budget.  A lost associate means a loss of $300,000 to $450,000 cash flow for the firm (depending on hours and hourly rate).  You cannot make up for that lost cash flow without a body to bill those hours.  And you cannot just replace that associate overnight; can take 60-120 days to find a suitable candidate, recruit them, and hire them.

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4.

Chris
Nov 16, 2007 7:26 AM CST

Lets not kids ourselves into thinking that factors above only apply to a career in law.  Aside from not being influenced by portrayals in movies and tv, the author could be explaining the problems encountered by engineering graduates.

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5.

The Big Pill
Nov 16, 2007 7:28 AM CST

In goes the chuck, out comes the hamburger.

The big firm where I used to work was absolutely foolish, placing all the emphasis on attracting employees with high salaries but none on training or retention.  How do corporations trust such poorly run businesses to handle their important legal work?

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6.

KaBoing
Nov 16, 2007 7:57 AM CST

Do associates *truly* not understand that they will be working huge hours when they get out of law school?  I knew it, and I’m not the sharpest tool in the shed.

That being said, law firms could set themselves up for better long-term success if they focused more of their associate training on the skills that they truly value—business development, increasing your realization rate, etc.  Being a good lawyer nice, but there’s more to it than that.

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7.

Xander7
Nov 16, 2007 8:03 AM CST

The Baby Boomers that now run large firms have always been about themselves first; do not expect to be trained by a bunch of sell out BMW hippies.  Just do the work, make them money, and move on.

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8.

MJ
Nov 16, 2007 8:06 AM CST

Firms care about attrition for 2 reasons - lost $ and bad PR.  Worse yet if a coveted minority associate leaves - that is double bad PR.

I have always worked in firms and have met many, many partners who have made me wonder what the h*&& firms look for in the people they make partners - there are quite a few out there in the late 40-early 60s range with horrendous management skills, sometimes poor client skills too, and less than perfect legal ability.  Of course they drive out associates - they drive out their own partners sometimes too.  I do not get this profession at all - the 30 year olds are expected to be perfect and are evaluated by 50 year olds who might be dysfunctional, nutty, addicted, or just plain loonie.  Great field, but I’m sure others are just as screwed up, because people as a whole are screwed up.

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9.

DM
Nov 16, 2007 8:18 AM CST

I am not surprised at all to hear this.  As a law student who also came from a previous career, I was shocked by the hiring practices that went on.  As stated, everything revolved around grades, and to a lesser extent personality.  Interviewers at OCI are generally low level associates with little understanding of how to interview, what to look for in a candidate, and why.  In at least one instance I was told my prior work experience in the business world was considered a detriment because the firm “wanted me to sit down and do the work, not think”.  Even simple interview techniques like logic games where not used.

As for the complaints about focusing on business development, training, etc.  I think this is simply the firms following the same patterns they always followed.  Senior partners didn’t get that training, and they managed to succeed, so perhaps unconsciously they expect the cream to rise to the top.  It will take a very daring firm to take the risk and implement training without guarantees of a payoff at the end, especially when the system seems to work as it is…

On the IT side, I don’t agree with the attrition comment.  Even during the bubble I’d interview about 50 candidates before I hired one.  The only time I lost people was when I made a rushed hire, and that was also the only time I was let down by the quality of work.

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10.

George Lowrey
Nov 16, 2007 8:58 AM CST

Here is my own experience with the “business acumen” of the “Big Law Firm” that drives so many new hires crazy.  I joined a large firm in 1984. Then computers were the new thing for word processing and a great alternative to writing a brief by hand, having a secretary type it, and then revise, revise, revise.  I suggested that for new hires, each should be given the option of a computer in lieu of less secretarial help to prepare documents.  The response: “Gosh, if we did that we couldn’t charge our clients as much.”  Thus it goes . . . .

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11.

RT
Nov 16, 2007 8:59 AM CST

Law is a second career for me - I spent nearly 15 years in a different, slightly related, field before going to law school.  I have a lot of experience in designing, developing and delivering training, and also in hiring and developing employees. I now work at a large international firm.  This article is dead on.  Training?  They wouldn’t know what this is if it bit them in the a$$.  Delegation?  They think they know how to do it, but they so badly do not.  Their idea of delegation is to hand you some 200-page document that you have no idea what it is, what the overall deal is, let alone who we even represent in the deal, and say “here, figure this out and give me your comments.”  Alot of the partners are really nice people and know their stuff, but are simply totally untrained and uneducated in being a manager - most of the lawyers come straight from undergrad into law school and have spent their entire careers in law.  They therefore have no experience in actual *business*.  They are all so busy generating new clients and serving existing ones, they do not make the time to learn about proven management techniques, what motivates people, how to communicate to subordinates, how to train and develop employees, etc.  As someone from that field, it has been very frustrating.  You law students - don’t expect them to take you under their wing and show you the ropes.  You largely must figure them out on your own.  The main advantage of a big firm is the infrastrcture and internal services - plus the big fat paycheck.  It is the old “golden handcuffs”.  Several of my friends here and at other similar firms would leave in a heartbeat if we could find something more satisfying that paid as well.

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12.

TL
Nov 16, 2007 9:07 AM CST

The less than interesting thing about this article is that it could have been written 10 years or 10 days ago. The law is a profession based on looking to the past to decided in the present. Change if at all is very very slow in this profession.

I think one of the flaws of firms as well as corporations is that to reward good performers we promote them to managers. Just because you have good technical skills does not make you a good people manager.  In the future the places that are going to be most successful are the ones who have a managemnt career for those who have those skills and interests, and leave the rainmaking to those with those skills.

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13.

B Shefrin
Nov 16, 2007 9:11 AM CST

Heck, yes!  Partners care about associate attrition.  It’s disruptive to a law firm’s practice to train associates only to have them leave to work for the competitor.  I’ve had several associates leave for larger firms and more money, only to express regret and dissatisfaction within the first year.

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14.

ZS
Nov 16, 2007 9:22 AM CST

I’ve always wondered why I’ve never heard of a firm that contracted with first-year associates.  The agreement could involve something like four years of guaranteed employment (given adequate reviews), with guaranteed salary increases.  If the associate leaves early on his or her own, he or she forfeits a certain amount of money.  If the law firm terminates early for non-performance reasons, the law firm ponies up a penalty.

Obviously some other terms would be spelled out (including billable/billed hours).

The outcome:  with a four-year contract a law firm gets probably two years of productive work by a well-trained attorney.  The attorney gets the training they actually need to do the job, along with a certain amount of predictability on both sides.

It might not be the most popular business model, but wouldn’t you expect someone to try it?  Also, I’m not a labor lawyer.  Would such an arrangement violate any laws?  One obvious problem is that if things go bad, each party trying to collect from the other could be a mess.

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15.

CVH-L
Nov 16, 2007 9:32 AM CST

Whether they care or not depends on the firm. Large law firms count on associate attrition in the midlevel years.  They bring a large young class to do the crap work and bill hours; then when the need “lawyer” minds they cut the fat to a small midlevel class; then when they need people to run deals and cases—which they need fewer people to do—they cut the class even further; then when they need people who can really do great mental and business dev. work, they cut it down even further.  Associates who leave tend to be the ones who either don’t find the prospect rewarding or who don’t think it is worth the committment (which it indeed may not be).  So when they leave, it saves the firm from having to let them go.

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16.

Boomer Grad
Nov 16, 2007 9:34 AM CST

I like this idea of a contract, both for new hires and employers. In fact, after the third time in a month that I was asked in an interview, “Will your present employer (non-legal) take you back in three weeks if things don’t work out?” I decided to hold off leaving my present job until I could actually afford not to work full time! The only way I would take an offer now, from a large firm, would be under contract. Could some of this turn-over be built into the system anyway, as the first commenter surmised? Kind of like planned obsolescence?

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17.

AG
Nov 16, 2007 10:13 AM CST

MJ wrote:  “- the 30 year olds are expected to be perfect and are evaluated by 50 year olds who might be dysfunctional, nutty, addicted, or just plain loonie. “
HOW TRUE!

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18.

DM
Nov 16, 2007 10:43 AM CST

I am glad I’m not the only one who has worked in another industry and feels that law firms are fundementally broken.  It would be nice if instead of just CLE’s the ABA looked into offering training on how to interview candidates, and management courses, basic ones before more complex issues like how to run a business effectively.

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19.

lawdomains-us.com
Nov 16, 2007 11:55 AM CST

I join in the many comments posted expressing the incredulity at the lack of forsight of law firms with regard to appropriately training associates.

My experience in Big Law has taught me that lawyers, even the founding and managing partners of extremely successful and rapidly growing firms, have NOT A CLUE regarding management and resource develpment.  The firm I worked for wasted a huge salary on me without expending an ounce of energy on providing ANY practice training or advice.  Sincere inquiries as to strategy and substantive practices were met with such sage wisdom as “you will spend the rest of your law career trying to determine that.” 

The problem is these people are lawyers, practicing law, billing by the minute, and they don’t have a mentality capable of envisioning anything outside of that billable time.

“Son, you’re on your own with that, win or lose, just make sure you keep track of your TIME.”

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20.

FBI
Nov 16, 2007 11:58 AM CST

I also came to the legal profession mid-stream after working almost 20 years in another field.  I was familiar with how the practice of law worked and knew the work could entail long hours, but I wasn’t prepared to deal with the hiring process.  I had plenty of OCI interviews and got a fair number of second interviews with some big firms.  I always got the impression that they felt they weren’t going to be able to mold me into their own image or to work me to death.  I never got any offers from any of these big firms.  Despite what everyone told me, my work experience was not a plus.  The just looked at my greying hair.
I ended up getting a job at a small firm doing work related to my past field and I don’t regret it at all.  Ya, its not as much money as working at the big firms, but I have a life outside of the office.

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21.

Jack Sparks
Nov 19, 2007 9:21 AM CST

My experience has been that an associate will get little or no training at all.  Over and over again, I’ve received assignments involving areas of the law I know NOTHING about and have been expected not to just complete the work but have it be perfect.  It’s completely unrealistic.  Furthermore, I’ve watched those expert partner/managers lose client after client because of what they characterize as “personality conflicts” about which they could’ve done nothing.  “Personality conflicts?”  That’s partner-speak for undeniable incompetence.

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