Law Practice Management
Some Law Firms Give Managing Partner Firing Authority
Posted Jun 10, 2008, 05:25 am CST
By Debra Cassens Weiss
A lawsuit brought by the former chairman of the intellectual property practice at Kasowitz, Benson, Torres & Friedman highlights an unusual policy at law firms: The managing partner has authority to fire partners without approval from others.
The suit by Jeremy Pitcock claims he was fired by the managing partner under a partnership agreement that allows for partners to be forced out by the MP, without cause, the American Lawyer reports. Pitcock is seeking $90 million for alleged defamatory comments in a firm press release issued after the firing that said Pitcock was fired for “extremely inappropriate personal conduct."
American Lawyer spoke to experts who said the arrangement, while unusual, is not unheard of. Leslie Corwin, a partnership law expert at Greenberg Traurig, said case law allows giving firing authority to the managing partner, as long as the partnership agreement allows it and the firm follows due process rules.
"I believe in benevolent despots running law firms," Corwin said. "I do, I do. But the key to the whole thing is the partnership agreement and what's agreed to. That's the key."
One firm that uses that approach is Bartlit Beck Herman Palenchar & Scott in Chicago. Partner Jason Peltz told the American Lawyer that partners there prefer the arrangement because it frees up lawyers to concentrate on legal work rather than employment matters.
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