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Is it Bad to Be Part of or Join a Law Firm with High Turnover? [By A. Harrison Barnes] *This is the second part of a two-part series. To read the first part, visit the LawCrossing archives now!
building them may lack good judgment in
of managerial decisions regarding partner
dealing with finances or with the way they
compensation. This is something that
New firms are often exceptionally
acquire and retain new clients. Lack of
has driven hundreds of law firms over
dangerous places to work, and they
judgment can raise the most pernicious
the edge and made them impossible
frequently experience massive turnover in
problems for new law firms.
places in which to work. What typically
The New Firm
happens is that the partners with the most
their early years as their leaders grapple with how to run them. The high turnover
Thus, when you begin to see massive
business-or even outside consultants-
rate can be attributed to a variety of
amounts of turnover at a new law firm,
will make sweeping changes to the firm’s
factors, from financial issues regarding
it is important to ask several questions.
compensation plan. This can cause anger,
compensation levels and the ability of
You will need to understand whether the
factions, and resentment to develop
the firm to make payroll to business
turnover is due to financial uncertainty
amongst the remaining partners. Such
crises resulting from decisions made by
and business problems or due to
anger often causes the firm to implode.
naĂŻve young partners with no business
management issues. If the turnover is
experience to interpersonal conflicts
a result of financial issues, my advice
Small law firms may go psychotic when
stemming from difficult partners who may
would be to avoid the law firm. If the
one or two of the partners no longer
have moved from other firms to assist
turnover stems from interpersonal or
get along or when one partner becomes
with starting the new firm. Regardless of
management issues, the situation may
involved in illegal activity. This even
the reasons for the turnover, significant
require additional examination. New
happens in large law firms from time
numbers of departures from new law firms
law firms may be able to work through
to time. Ultimately, the psychotic law
must be closely examined.
management issues; financial issues, in
firm will be characterized by turmoil and
my experience, generally require a good
nonsensical decision-making.
One major problem at new law firms, which
deal of time to overcome.
has been mentioned above, is that partners who start and run new firms often have
The Psychotic Law Firm
no business experience. In fact, these partners are often completely clueless
The psychotic law firm is generally
about what it takes to run a business.
characterized by the inability of attorneys
Financial concerns such as making payroll
within the firm to communicate properly.
or budgeting for office expenses are often
Thus, the psychotic law firm generally
secondary or ancillary concerns for busy
has an unworkable social structure
partners who are focused on growing a
and/or interpersonal constructs that make
young law firm. What’s more, attorneys
communication between partners within
are generally not the best managers. Their
the firm impossible.
approach to business frequently means farming out work and then micromanaging
Law firms do go psychotic. Psychotic
assignments to make sure they are
law firms are generally small, but large
completed to their expectations. Their
law firms can go psychotic, too. I have
approach does not necessarily involve
seen this happen numerous times, and
nurturing you and making sure you are a
it is not fun to watch. The process can
happy attorney. Finally, a major problem
happen in a number of ways. Typically,
with new law firms is that the partners
law firms end up going psychotic because
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Law firms that have gone psychotic resemble people who have gone psychotic. They may get better, or they may not. You need to use your own judgment to determine whether you think the psychotic law firm will stabilize. In most cases, however, you are better off leaving the law firm that has gone psychotic, especially if you are seeing mass turnover. The Acquisition Target Many law firms are good acquisition targets for other law firms. Generally, an acquisition target is a large, very topheavy law firm that is experiencing rapidly declining revenues or a very successful, specialized law firm in a smaller practice area (real estate or intellectual property, for example). continued on back