Are Young Associates Slackers, or Just Rational Actors?:
Last week, Law.com posted this National Law Journal article on the work ethic of law firm associates who are part of the the so-called "Generation Y" — those born in 1978 or later. The verdict? From the perspective of today's law firm partners, associates from Generation Y are "slackers" with "a flabby work ethic" who don't "take charge of their career," lack "loyalty," aren't eager to do mindless work, and "don't volunteer for committee or other firm work." The article suggests everything from 9/11 to the dot.com bust as an explanation for this alleged generational shift in attitudes.
Most of my knowledge of law firm life is second-hand, so my own take on this is sheer speculation. But I wonder if the article is missing a better explanation for the shift: law school graduates today understand that law firms — particularly large firms — are businesses. Law firms hire associates to make money, not for the esprit de corps. Big firm partners want to maximize their profits, and hiring lots of associates and having them bill lots of hours with little hope of making partner is a way to do that. Partners who have created this sort of environment are in an odd position to complain that today's young associates lack loyalty and don't volunteer for committee work. If I'm not mistaken, associates are taking their clues from partners and are viewing law firms as means to an end. Most big-firm partners are looking to make lots of money; most big-firm associates are looking to pay off some loans, get some experience, and add a line to the resume before figuring out what they really want to do with their lives. Associates in this position may seem lazy and insufficiently loyal to some partners, but that's mostly because the associates are not planning on sticking around for the long haul.
But enough of my speculation. VC readers at law firms know a lot more about these dynamics than I do. I have opened up comments so we can get the real scoop from our readers.
Most of my knowledge of law firm life is second-hand, so my own take on this is sheer speculation. But I wonder if the article is missing a better explanation for the shift: law school graduates today understand that law firms — particularly large firms — are businesses. Law firms hire associates to make money, not for the esprit de corps. Big firm partners want to maximize their profits, and hiring lots of associates and having them bill lots of hours with little hope of making partner is a way to do that. Partners who have created this sort of environment are in an odd position to complain that today's young associates lack loyalty and don't volunteer for committee work. If I'm not mistaken, associates are taking their clues from partners and are viewing law firms as means to an end. Most big-firm partners are looking to make lots of money; most big-firm associates are looking to pay off some loans, get some experience, and add a line to the resume before figuring out what they really want to do with their lives. Associates in this position may seem lazy and insufficiently loyal to some partners, but that's mostly because the associates are not planning on sticking around for the long haul.
But enough of my speculation. VC readers at law firms know a lot more about these dynamics than I do. I have opened up comments so we can get the real scoop from our readers.
Related Posts (on one page):
- The Problem With Partners These Days:
- Are Young Associates Slackers, or Just Rational Actors?:
I suspect it's a combination of two things: general "back in my day" type selective memory, and the fact that the people remembering -- partners -- are the ones who did volunteer for assignments and committee spots and such, and so don't realize that most associates aren't like that.
(1) It is my sense that minimum billable requirements have skyrocketed at most big firms over the last 10 years. I would say that 1600-1800 hours was pretty common a decade ago; now it's more like 2100-2400. That's a huge difference in terms of extra night and weekend work and foregone vacation time. So far as I can tell this development has pretty much gone unremarked.
(2) It is now well understood that if you want to make big bucks with a law degree, you go into investment banking/private equity, etc., not the practice of law, and there are now more clearly defined pathways for people who want to do that. The upshot is that a good chunk of the people who want to make big bucks with a law degree just aren't going to law firms any more.
(3) In view of (1) and (2) and an increasingly tight market for law firms seeking to hire, I think it is probable that we are not very far off from a market "correction" in favor of associate salaries.
I worked at two large firms (big one based in LA and a big one in WA) and virtually none of the people that I started with are still there. When in prior years the norm was that partners started at a particular firm that they ended up being partner at, the recent trend is exactly the opposite. It's tough to find a single person who is partner at a firm who started their legal career there. So, for whatever reason, people don't expect to stick around at a particular place and loyalty is less. Obviously they are not thinking about giving their lives (read: weekend) for the firm.
I think the loyalty issue is also playing out vis a vis clients and firms. Rather than hiring one firm for all of its legal needs, in this day and age, virtually every company will shop around and hire the best lawyers. This affects firm loyalty. The practice is heading in a more lawyer-centered direction, rather than firm-centered. You can more easily switch firms and retain your clients, etc. etc.
One of the biggest catalysts in all this was the dot com boom. It had two significant effects: (1) exorbitant starting salaries and (2) in-house positions for people who would not have gotten a second look in-house. The turnover rate caused by the dot com boom was simply staggering. An entire couple of classes of people going into firms didn't follow the traditional path. But most of them left the big firms, I would be interested in seeing how many went back.
I notice law school teaches nothing about lawyering. The profs are not real lawyers. They are scholars, above crass craft considerations. The pay for the mind-numbing, paper pushing, proceduralist nonsense of the law firm is $120,000, plus bonuses, all generated at another law firm. Sleeping with clients is allowed. Anyone who sticks around past the time where the learning curve loses slope is an education addict or a dope. I do not understand the motivation for wanting to be partners with people who charge shady expenses and marina fees to the firm. You are shopping for the consequences of everyone's shadiness at the IRS store. Being fired is a huge favor for the indecisive.
The exploitation is mutual. If you serve enthusiastically and loyally, 80 hours a week, the partner will let you in on the stuff to buy the Gulfstream when you grow up.
As an apprenticeship, it is decent. The difference in pay compared to doctors reflects the sincere value society places on these 2 professions at this time. Society deserves what's coming to it.
If you are an associate working
80 hours per week for $120,000,
you are in reality working
two "normal 40-hour per week jobs" at $60,000.
How many people would voluntarily do that? Not many people who value their family and health.
It's a welcome shift. I always found it odd that someone would have loyalty to a company that only uses a economic cost-benefit analysis in employee retention. I am altruistic towards my friends (though some would say it's reciprocal altruism), but why sacrifice for someone who uses me to make it money? That's crazy!
Gen Y is hip to the game, the jig is up, and law firms are miffed. We want more money, we're going to figure out how much profit we're making you, and we're going to try to get as much of that delta as possible. And why can't we?
Why can a law firm seek to profit from associates, while a law firm associate can not seek to profit frim the law firm?
Once I start working as an associate, I will have it in the back of my mind that, for all of the firm's talk of "loyalty" and "family," once it stops being profitable for the firm to keep me around, security will show at my desk with some boxes and watch me pack up my stuff. I assume that they only treat me as something approaching a human being because if they don't, some other firm will.
Likewise, every hour I spend doing their work beyond what they absolutely require of me is one less hour I could spend with my family, or sleeping, or doing something else for which I might actually be compensated. As one of the previous commenters remarked, being a "company man" means being a dupe.
But there is something very different about this generation of lawyers, and especially the lawyers who came out of "top" law schools. Many (most?) of them have rationally concluded that they will never be owners of their own law practice. Recall that just 25 years ago or so, most US lawywer were solos or partners in micro-sized firms. They were owners, with the mentality of owners. That practice just continues to shrink. More and more of our elite law students are assuming that they will be employee lawyers for life. I don't think that makes them "lazy" or "slackers." I do think that makes them more of "floaters" throughout their career. That mobility will force big firms to re-think how to generate longer term loyalty from valued employees.
The "revered" senior named partner at the firm I worked for a decade ago wrote a book about successful practice which essentially encouraged (male) associates to be "married to the firm" for their first five+ years. At the time this book was written (I think the mid-1970s), such advice might have perhaps sounded sensible; by the mid-1990s, it sounded nuts to me and my colleagues. And now, a decade later, nearly every student I discuss career plans with has a clear focus on work/family balance issues.
Furthermore, we have multiple loyalties. My first loyalty is to my family. If another firm offers me $30K more and my current firm cannot match it, taking that offer does not mean I'm being disloyal to my firm. Because, firstly, I'm being loyal to my family by increasing the family's income. Secondly, if my firm were loyal to me, they would match the offer, otherwise they're being disloyal to me, in a key sense, by not paying me what I'm worth. If loyalty isn't a two-way street, it's stupidity.
The thing about the doc? You spend $1200 in fees, get better, return to the $120,000 law associate job, otherwise impossible with a serious illness. That is a 10,000% return on investment (ROI) for health. I will not even discuss the ROI on returning a senior partner to work. Come 40, one major organ system will fail. Guaronteed.
What is the ROI on a law associate? That is a better estimated of real worth. If a law associate finds an error in the font on the back of the airline ticket, invalidating the international limitation on the payout in a crash, I would tip him.
First, in the 1920s, "law clerks" really were law clerks and a big firm job meant being required to be married (because your wife had to help support you), six and a half days in the office, the firm gave you a list of churches that were acceptable and you made partner in six years.
That transitioned to 1600 billable hours a year, partner in 6-8 years and a living wage.
Now, 90% don't make partner, the rest are on a ten-twelve year partnership track and hours are up to 2400 a year. On top of which, many large firms will fire associates who tell the truth about hour requirements to the summer hires.
The sea change came a couple of cycles ago when firms suddenly fired the "lawyer's lawyers" and kept the guys with portable business during the downturn cycle. That adjustment came before the dot com and equity boom kicked up associate salaries during the bidding war (though many firms just changed the way they counted salaries to publish numbers higher than they actually paid -- and a few jumped to 2700 to 3000 hours).
It is amazing stuff.
Would be nice to get tips. I litigate and get 14+ summary dispositions a year. I'd be glad to just get a 1k tip for each ;)
But seriously, appreciate "SupremacyClaus" who needs to also note that critical path analysis reflects that if medical care was free, it didn't have a net benefit until 1989. Lots of implications flow from that.
Interesting stuff here, wish you fun with your questions and the answers.
Big mistake. In the first week, they had me make photocopies. The client was billed over two c-notes an hour for having me figure out paper jams and "supervise" an army of paralegals who billed at a rate equal to that charged by an average lawyer in an only slightly smaller city. I had no experience or particular aptitude for assembling paperwork, but I was forced to spend nights at the office pretending to have some influence over this publication project.
Some of the partners were abusive. None were particularly impressive as attorneys, and few had any redeeming human qualities.
I didn't mind taking the firm's money, since they were wasting my time. But I was morally uncomfortable billing the clients for my "work." Not that it was necessarily easy to find "work" within the firm. The partners were aloof, in their own little worlds, so when things didn't work out with the partner who originally brought me aboard (I just wasn't going to be a six-figure photocopy boy), there wasn't a whole lot else to do.
I left after about a year, and resumed practicing law. I've never been impressed by the work product that comes out of these large firms; it doesn't live up to their ego.
I wasn't around in the 1920s, but in the 1990s, there was zero loyalty from these firms. The real question is whether the big firms will survive as they fail to develop much talent organically. Right now all that's left is brand name.
Think the jaw dropping, I-am-going-to-pass-out reaction of Howard Carter, opening King Tut's tomb. And, what lays before one in law school is not gold. Think massive mummification. Think the rush of air of 2000 years ago. You are getting close.
This message has been sanitized for your protection, with Warriner's, 8th Grade Edition, English Grammar and Composition.
For a fair number of the members of my class this is the first job they've ever had. I've noticed that they're the ones who whine the loudest about the hours. They're also the first to complain if the car to take them home in the evening or the Seamless Web delivery guy are five minutes late.
Personally, I don't care if I make partner. As long as there's a signature at the bottom of that check every payday, I'll be as loyal and hard-working as you could ask anyone to be...
After 36 hours at work, in the good old days, when you were a resident, did you ever fall to the ground on rounds, fully asleep? What is a patient supposed to think of a person with lids closing in mid exam of their wound? Is the feeling going to be, "Wow, that is impressive pursuit of excellence in medical education?"
When she got home one night, and her husband told her that she had missed her baby's first steps, she knew she had to quit. She stepped down the salary and prestige ladder, and now works more manageable hours as a senior paralegal in charge of a number of lower level paralegals and clerks.
I am now a 2L, and while I understand the need for occasional weekends and long-hour weeks to prep for trial, I also know that 2100-2400 hours is not a sustainable goal for anybody who hopes to enjoy family life, or, dare I say, a hobby, in addition to work at the firm.
I have seen a trend, at least in the glossy advertisements and web-pages, for firms to say they are family-friendly and more flexible. I hope there is some truth to that. If I were working at a firm that demanded 2000-2100 hours, I'd hardly be the first one in line to take on extra responsibilities.
Having the money is useless if I lose half of it in my divorce, and the other half paying for my biannual balloon angioplasty.
I must add, parenthetically, that these hourly requirements are billable. SO it doesn't count when you visit the john, or get a coffee. More significantly, it doesn't count whn you are engaged in any of the routine administrative tasks that can fill up a business day damnably fast. So either an associate has to be extremely (!) liberal with what gets billed, or else they have to be in the office nearly all the time.
How many of us have any idea *what* work fits our personality and work habits at 22/25? Some people do, but many many do not.
It used to be that people didn't have many choices in life. You did what your father/mother did; maybe, if you were lucky, you did what your parents dreamed of doing themselves. The boom created by the GI Bill and the changing face of America, its educational system, its entrepreneurship, changed our choices. We have a lot more choices now. Speaking historically, many many more people can go to law school/get a job in a law firm than ever before. Couple that with a concomitant lack of knowledge of what we think is "a good fit", and you'll get plenty of "Slackers", "job hopping", "unwillingness", etc.
With so many available choices, other choices might appear better, so we have more incentive to work less hard (and experience more hobbies than we would have in the past), or job hop--to test the hypothesis that a different job would be a good fit. Our unwillingness to do mindless work can be again, simply an unwillingness to accept the opportunity cost. It might be a proper recognition of the value of that task--a rational choice to not be bothered to do something that a paralegal being paid $20 an hour could do.
Before, the personality types of those going to law school was probably extremely limited. Chances are, psychology is the determining factor for success in any of these environments, and it isn't that prior generations were any more loyal; it may just be that those people's psychology led them to act in a way that appeared to be "more loyal"--as they didn't have any better options for happiness elsewhere.
Sorry, I've been there. We're forced to teach grammar and spelling to our young "stars" (some grads from the "top" schools), and that's before the logical reasoning lessons. And lessons on common courtesy to support staff.
Then there are the complaints about workload. In many reputable large firms, the demands are still relatively reasonable, yet partners are working late or on weekends (when it's needed, and sometimes, well, it IS) while young associates whine: "Don't dare bother me on weekends." A quote.
And it's generally only the Wall Street firms, with profits in the millions per partner, where the associate leverage is such that very few make partner. Those firms drive the salary demands, however.
If you want more "personal time," fine -- work for the government or in-house. If you want financial or professional recognition, work (hard) for a firm, volunteer for committees, and write articles and speeches.
As for the reason partners in that article are bitching, I think the first post hit the nail on the head --- it's typical generational tension always present. Sure the older partners were saying the same thing about the associates who are now partners. The old "I walked ten miles to school in the snow."
Second, billing the minimum hours most firms require is definitely not slacking (well I think it is when I have a slow month that puts me on that pace - but I am insane). If it was slacking then perhaps the firm should raise the minimum billables?
As far as loyalty, that has to be a joke? A big law firm wanting loyalty? The same firm that cuts associates if they fall off pace for a few months? Large law firms (and I am at one that is consistently ranked high in associate quality of life/satisfaction) don't care about associates. Certain partners might care about you, but not the law firm as a whole. I guarantee that the only thing 90 percent of the partners know about me is that I am consistently at the top of the monthly associate billable hours reports (that's right every partner in every firm that I know of gets one of these that goes associate by associate, not just cumulative).
All law firms care about are the numbers, the bottom line - and their decision making process makes that apparent. And I agree, partners are the same way, and associates draw their cues from that.
As far as the committee issue, I wouldn't even know who to talk to about joining a committee, perhaps that is my fault, perhaps the firms fault. But I suspect most associates are in the same boat. Besides which, you don't get any credit for being on a committee. I recall at my first firm when they had to cut associates and 4 of the 5 they cut were from the associates committee - it was a nice touch I thought.
Finally, here is my favorite part of that article:
Wow, how horrible! If a partner mistreats an associate badly, all the associates may stop taking work from that partner. What a horrible world we live in! There is one partner at my firm that I would never do work for after both hearing about and seeing the way she treats associates. (I am very thick skinned - she is truly that bad ) The problem is clearly the partner not the associates in this case. And I suspect any attorney who would make a comment like the one in the article is "one of those" partners.
For some reason, the more that I look at the larger law firms, I think that it's more like Office Space than a legal thriller. "
"Well, you do have the minimum 7 pieces of flair, but you could always do more"
"but I do have the minimum right?"
"yes, if you are happy with the minimum..."
With pieces of flair, it's one thing, buy another stupid button. Adding 200 billable hours or joining a committee in return for the esteem for management just seems idiotic. I'd rather have a family thank you very much.
I spent $5K on my roof. People who spoke a little English did the work, as my roofer supervised from the ground. He did have to use a bunch of expensive tar. That was one day, to 5 PM.
I believe the 1992 roofer's claim. His coke habit required, let's say, 100 days of honest labor to finance. That left 150 days' pay for other expenses.
That 190K was salary to you. What was the value of any pension payments, health plan, expense accounts, overhead support?
You then saved or made the clients ... how much?
FWIW, I don't think that the coke habits of roofers and the details of your own roofing experiences are particularly relevant to this thread. Please keep you comments relevant to the post; my general sense is that most VC readers would prefer I delete comments that stray this far, and I would rather not have to do that.
So you chase them, and they choose you, and then about three years later, you realize, hey, I'd rather have a job with purpose and meaning. Or, hey, maybe being on the plaintiff's side is better suited for me. Or gov't work. Or boutiques.
But especially if you go to law school soon from college, you take what's in front of you, and choose it not realize what you're getting, and what else is out there. And the first few years -- after the initial thrill until you realize that you alone control your career -- can be brutally un-fun.
Just laying foundation for this: GreedyClerk, making 190K, 3 years out, is underpaid. He needs a raise.
Sorry. I was just trying to help.
I think I missed the "Gen Y" cutoff by a few years, so I think that I'm technically a "Gen X'er" at a big law firm. No matter.
I think the problem really goes back much further in time than an associate's present-day employment at a law firm -- I think it stretches back to the decision (made by many young law students) to go straight from their undergraduate experience to the law school, or to go to law school with just 1 or 2 years of experience in the world. This lack of experience is fundamental the way that law firms exploit these young associates, because they just don't understand how a workplace can and should work -- let alone how their firms are dysfunctional. More importantly, though, I think these young law students strive to work at a big firm because they've always aimed for the brass ring in everything they've done. It's almost instinctive by the time they get to their second year of law school. The 6-figure salaries merely whet their appetites, but they already know how to play the game.
And so, striving for that "dream job" at Kirkland or Cravath -- or a judicial clerkship -- is second nature to them, because it's all they know. But once they get into that position, disillusionment must inevitably set in. After all, this is the end of the the line -- why they've been working for 12 years of school, 4 years of college, and 3 years of law school. Anything less than pure nirvana will invariably lead to disillusionment and alienation.
So, my prescription is this: take time off after college. Do something challenging and rewarding like teaching, small business work, public service, etc. (I joined the Army, but that's not for everyone) As I told many of my students at UCLA, unless you are so absolutely brilliant that the world would suffer for your delay (see, e.g., Eugene Volokh), then you owe it to yourself to take some time off before committing to the profession of law.
v/r
Phil
(For the record: I greatly enjoy my work at a big law firm, and am very happy with my choice. But I think much of that owes to the fact that I had enough real world experience as a 2L to pick a firm with a good work environment where I would fit in well.)
On the other side, law firms have grown rapidly over the past 20 years, with many doubling, tripling, or quadrupling in size. They want graduates from top schools, but law school class sizes are fixed or grow only very slowly. To attract more people, firms need to pay more. It's both cost-push and demand-pull inflation.
2. Another consequence of rapid firm growth is that they have to go after people whose interest in big firm work is lower. Simple diminishing returns.
3. There is more competition. There are more high-paying jobs in the financial sector, and these attract many of the same people who also consider law. There are more exit options for big firm associates to go into financial services.
First, let me add that I agree with Phillip Carter to some degree. Time off is key. (In my case, though, I worked for the 4 years before taking time off - I just outright quit my job, spent time travelling in Asia, then found my new job when I came home. Would I have been as unhappy after 4 years if I had taken time off BEFORE starting my career? Doubtful.)
As to the topic, I think part of the issue is that partners are not a monolithic group. My firm caluclates the "profitability" of each associate, based on billables and lots of other variables. It is most certainly the main thing by which I am judged here. Nonetheless, most partners care about individual associates and the firm as a firm, rather than just as a source of income. I don't think they look at associates merely as profitiability-drivers. Isn't that a contradiction? I think a lot of this comes from the fact that large law firms' management are increasingly remote from associates. As large firms grow even larger, the management do not (and cannot, given the size of the firm) know individual associates. Moreover, firms' profitability are often judged by NON-LAWYERS. My firm has a very power CFO, for example.
So we get this situation where I know and like all of the partners who I work with, and they care about me as a person, rather than just someone who is profitable. But THEIR bosses can only look at my statistics and the statistics of the office and the department for which I work.
Where the firm is 1000 lawyers strong, rather than even 100 or 200, it is inevitable that there is distance between the management and the associates. And other partners are caught in the middle. So while I do have some loyalty to the people I work with, they are not my ultimate bosses, and are not the people who will ultimately determine whether I become a partner. And I think THAT is quite a difference from the "old days" when there was apparently more loyalty.
No, if you pay for law school yourself the traditional way, by taking out loans, you really have no choice.
This, from Phil Carter, gets my 100% agreement: More importantly, though, I think these young law students strive to work at a big firm because they've always aimed for the brass ring in everything they've done.
If it's prestigious and selective, therefore I should want it.
Things are only going to get more fierce.
The partners were not slackers either. They worked weekends as well. That is why I left. There was no light at the end of the tunnel when it came to the workload. The only difference for the partner, when compared to the associate was that the partner was at a higher risk of a malpractice claim because he was supervising hundreds of cases. I didn't want to be working on the 4th of July for the rest of my life.
bitchedwere concerned about the same issues back in the 80s. We didn't have an initial - call us Generation Schmuck - but we worked the same hours, endured the same hardships and learned the same skills.I'm less surprised that partners are bitching about the quality of today's associates. I'm about the same age as today's prime earning partners, and I assure you we all were once on the receiving end of the same complaints. Call it cognitive dissonance or call it Stockholm Syndrome, but like fraternity hazing and child abuse the law firm culture perpetuates itself despite the best intentions of those who experienced it.
So to those who think they have sussed out something new: not quite. We all billed over 2000 hours back in the day, and I hit 2400 most years. We neither expected nor received loyalty from the firm (although it was rare for an associate to be shafted by a partner - why bother?). We knew even then that the big money was on the client side, but most of us lacked the social skills to thrive in a more entrepreneurial environment. And like today's associates, Generation Schmuck paid a price for our work that was measured in more than foregone vacations: plenty of marriages (my own included) did not survive our law firm tenure.
So here's my thought for the day, slackers, from the first lawyer I ever fired: Trying to make partner at a large law firm is like a pie eating contest where first prize is a pie.
I’d like to add one more point: today’s partners may overestimate the purchasing power of $120k. Yes, of course that’s still quite a lot of money, especially for a 25- or 26-year-old first-year associate. But I think many partners think that $120k is not just a high salary, but a ridiculously high salary. That’s because they’re comparing, in nominal terms, today’s starting salaries with what they earned as young associates 15 or 20 years ago.
I live in the Washington, D.C. area. About twenty years ago here, you could buy a beautiful new single-family home in a wooded area for about $120k. Today, you could spend four times that much on a 25-year-old garageless townhouse. Inflation has contributed to a “gratitude gap”: Partners think that their exultant young associates are all going home to beautiful single-family homes and thanking their lucky stars that they’re making so much money. And of course some associates do just that. But far more D.C. associates, even mid-level associates, go home to an apartment or older townhouse. $120k is still very good pay, but not the kind of pay that will inspire fervent loyalty to the firm.