Saturday 18 June, 2011

Partnership Compensation: "Disequilibrium" Rules

Lockstep, modified-lockstep, lockstep with pay for performance, or pure "eat what you kill?"

This is an issue which has not, to say the least, achieved equilibrium.  "Equilibrium" in economics means something akin to what "climax phase" means in ecology:  The status towards which all disequilibrium states or transitional phases will evolve, assuming no external shocks.  For example, the "climax phase" of the ecology of the Adirondacks is old-growth mixed deciduous and evergreen forest.  A forest fire would drastically alter that ecology, but again, assuming no further external shocks (development, acid rain), it would eventually return to old-growth forest.

That digression aside, my hypothesis for what the equilibrium state of the partnership compensation model will be, is:

  • Modified Lockstep

This is a very large topic, and a wonderfully dispassionate, broad, and distinctly smart piece about it is from Asian Legal Business.  Among its points:

  • UK-based firms have been relatively slow to embrace any non-lockstep models, and their profitability per partner has suffered as a result.  Indeed, ALB chalks up the withdrawal of the noteworthy firm Denton Wilde Saptes from Asia to this syndrome.
  • The UK/US philosophical-remuneration divide also, per ALB (and several other equally or better-informed sources) scotched Ashurst's merger discussions first with Latham & Watkins and later, more notoriously, with Fried-Frank.
  • Lockstep, when it works, can be a beautiful thing, eliminating internal discord and focusing a firm outwards.
  • But/And, Lockstep, when it does not work, can be stifling to innovation, can permit deadwood to survive, and can motivate high-performers to jump ship.

So why do I predict "Modified Lockstep" will inherit the earth?  Although none of the extant partner-remuneration models is perfect (otherwise every firm would have glommed on to that model), I think this is, all things equal, the optimal model:

  • Reasonable, but not distorting (a la CEO stock options) incentives are maintained;
  • Firm-wide unity is essentially maintained;
  • For international firms, flexibility across regions and profit-centers is maintained;
  • Slackers are discouraged, and ultimately eliminated; and last, and my favorite:
  • Firms that have adopted it seem to be increasing their global market share at a convincing rate.

Q.E.D.?  Not quite yet, but I hope to put together some empirical evidence on this.

No TrackBacks

TrackBack URL: http://www.adamsmithesq.com/cgi-bin/mt5.01/mt-tb.cgi/1959

Leave a comment

Monthly Archives

 
Select a month from the dropdown
 

Recent Entries

     "Wait and [Never] See"
Last week I wrote about innovation and how the early adopters can gain sustainable competitive advantage.  This week is something of a follow-on, albeit one…
     Memorial Day 2011
     Be Innovative? Who, Me?
Jim Surowiecki, writing his regular column in The New Yorker, "The Financial Page," wrote last week about innovation and why it seems to take hold…
     God is in the Details
Alex Novarese, Editor in Chief of LegalWeek, has a smart column this week called "Rugged Individualism--a year of firm-specific achievement in the US." Here are…
     Limits, Still
Normally I don't refer to events stemming from my own experience in commenting on our industry-indeed, this is something of a first in the 8-year…
     Who's Signing Your Paycheck?
A loyal and exceptionally thoughtful reader, and reasonably regular correspondent (also with a strong academic background in economics), writes: Bruce: I enjoyed your 9 February think…
     Adam Smith, Esq. Launches A New Company: JD Match
Today Adam Smith, Esq. takes great pleasure in announcing the launch of a new company dedicated to rationalizing and bringing a measure of order, efficiency,…
     Fifth in Our Series on Strategy: What it Takes to Be Tier 2
Recently, I wrote about what I called the Tier 1/Tier 2/Tier 3 challenge for BigLaw. Briefly, the Tiers are: 1: What everyone aspires to. Think…
     Fourth in Our Series on Strategy: Tier 1, Tier 2, Tier 3?
Toby Brown and Ron Friedmann (both friends) have a thoughtful and well-reasoned point/counter-point going over at "3 Geeks and a Law Blog," which they invited…
     We're Not The Newspaper Industry
When Slate writes about it, it's entered the mainstream. In this case, that would be the "whopping" 11.5% year over year drop in the number…
     Seminar on Value-Billing Fee Arrangements/New York/March 24
I'd like to bring to your attention an all-day seminar happening here in midtown New York on Thursday, March 24th, sponsored by the Ark Group…
     The "Adam Smith" Award for Innovation in Legal Service Delivery
A couple of weeks ago I learned that the legal department of Kraft Foods issued its "Adam Smith" award, for innovation in the delivery…
     Reminder: Brief Survey on Law Firm Leadership
Don't forget to the take the Law Firm Leadership Survey co-sponsored by Adam Smith, Esq., and Vault.com, Inc., the leading online career intelligence site.The survey…
     Third in Our Series on Strategy: Bad Strategy
As a management consultant to law firms, perhaps the most consistently infuriating phenomenon I encounter (all the time and everywhere, I'm deeply sorry to…
     Joe Flom, 1923-2011
We've all heard the sad news that Joe Flom died Wednesday at age 87.  (WSJ, The American Lawyer, The New York Times, DealBook) Over 20…
     A Modest Proposal for Alternative Fees
There's been so much talk recently about "alternative fee arrangements" (AFAs) that, frankly, we're exhausted. But before we give up on the subject entirely…
     Survey on Law Firm Leadership: An Adam Smith, Esq./Vault.com, Inc. Collaboration
With delight I can announce that Adam Smith, Esq. is embarking on a collaborative effort with Vault.com, Inc, the leading career intelligence site for those…
     What's the Half-Life of a Lateral Partner in London?
A-ha! That, at least, was my reaction when reading the research report published this week in The Lawyer.  Here are the top-line results, and then…
     New Client Minimums? Meet DLA
Tim Bratton, the general counsel of the Financial Times, has an interesting perspective on DLA Piper's recently announced plan to revamp its client base.…
     Winners Take All? Yes, No: Debate Among Yourselves
I suppose that when it's in The Wall Street Journal, it's true. Well, it's certainly true that attention must be paid. Which brings us…
     Show Me the Money (And the Love)
Here on Adam Smith, Esq., we've never devoted a lot of ink to work/life balance issues or, for that matter, to lawyers' happiness with…
     Kaizen Comes to The City
A few days ago I had a chance to catch up with my friend Alex Hamilton, now at radiant.law.  (I knew Alex in his previous…
     Second in Our Series on Strategy: Strategic Planning 101
Booz & Co.'s Strategy + Business published something of a primer called "Successful Strategic Planning" last month, and it's worth a quick review for the distilled--if…
     First in a Series on Strategy in the New Normal
"With all respect, I think that's the wrong question. There's always new stuff out there, and most of it's not very good. Rather than…
     We Are Not Alone
This is a tale of how this is not your father's recession. About a year ago I read Reinhart and Rogoff's This Time is…