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Alternative Business Structures for U.S. Law Firms

By J. Mark Santiago

Partnerships in human history, whether documented or practiced out of necessity, have existed for thousands of years (think of the Neanderthals slaying the woolly mammoth). Human beings are fundamentally social creatures, and we like working together. Perhaps this is because we can accomplish more working as a group than as individuals or, like our distant ancestors, we increased our chances of survival through partnership.

While the earliest human interactions were governed by instinct and desire, it did not take mankind long to begin documenting things. The earliest partnership agreement that I am aware of comes from Babylonia and appears to involve a grain merchant and a farmer. The specifics of the agreement deal with the amount, quality and delivery dates of barley. Unfortunately, the records of the attorney have been lost to history, and we do not know if this contract was done for straight time or under some alternative fee arrangement.

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