How a Firm Can Be Killed By Its Culture
When firms first recognize they need to change in order to be more competitive, it appears that they have a seemingly infinite array of options. Cost-cutting, increasing billable hours, starting a marketing program and hiring a rainmaker are usually at the top of the list, but it often seems as though everyone in the firm has their own solution to the problem. In reality, there are only a few key steps that are appropriate and necessary for most firms. The real problem is that execution of these tactics is a long-term effort, not a 1-year program. Mounting a sustained effort requires a change in the behavior of the members of the firm and therefore a change in the culture of the entire firm. However, there are forces at play in every firm that act to prevent these changes. This article discusses how the culture of a firm locks it into place and prevents it from changing. Solutions for moving past these issues are also identified.
At the Tipping Point
The debate over the issue of whether or not a law firm can have a mandatory retirement age has focused on the threshold question of whether the 'partner' is an 'employer' or an 'employee' under the ADEA. If the partner is a 'bona fide' partner then he or she is an 'employer' and not protected by the ADEA. However, if the partner is not a 'bona fide' partner under the relevant legal principles (which will be discussed later in this article), he or she may be protected by the ADEA and, therefore, able to challenge the mandatory retirement age policy.
Partner Compensation Systems: Five Design Challenges
Something is beginning to quietly brew with respect to large law firm partner compensation systems.<br>The last major revolution in partner compensation began in the 1980s, aimed at increasing partners' focus on marketing and new business development. But, in the attempts to energize their partners to go out and market, many law firms may have overdone it ' and today are struggling with some of the resultant dysfunctional behaviors their reward systems have motivated.
<b>Corner Office: </b>Who's Running The Store?
To understand why many managing partners might have difficulty answering this question, one needs to examine the resource pool within law firms from which managing partners are chosen. Among the popular choices are: those with the biggest books of business, the most widely recognized reputations, the best rainmakers, the best lawyers and the most effective client service partners. Most partners feel that anyone who has attained any of those levels practicing law ought to be just as proficient at running a law firm. Not quite!
Negotiating Broker Agreements
Your company (the 'Company') has decided it needs to find additional space for lease and/or to dispose of excess space and, after extensive due diligence, the Company has identified the ideal real estate broker (the 'Broker') to work with in the transaction(s). You and your new Broker have shaken hands on the basic terms of engagement (such as term and commission rates), and you have received and are now asked to review your Broker's standard form of retention agreement (the 'Agreement'). The Agreement, as is customary with most broker's standard forms of retention agreements, is only a couple of pages long. Should the Company sign it? After you have considered the issues described in this article and negotiated to protect the Company's interests to fit your particular circumstances, the answer is 'yes.' This article discusses some of the common issues that you may want to explore before the Company signs and delivers the Broker's form of retention agreement.
News Briefs
Highlights of the latest franchising news from around the country.
Competitive Intelligence: A Tool for In-house Counsel
Competitive Intelligence has long been used by corporate America to analyze trends, client feedback, and marketing strategies to get an edge. It's the newest buzzword among law firms to win more market share and retain clients. But it's barely a whisper in law departments, at least when it comes to selecting outside counsel.
Honesty Is Fundamentally the Best Policy
The Superior Court of Pennsylvania recently delivered good news for franchisors and their counsel, as it expressly held 'that there are circumstances where the nature of the breach permits the aggrieved party to immediately terminate the contract despite a 'cure' provision where a franchisee commits grievous acts of dishonest conduct.' In <i>LJL Transp., Inc. v. Pilot Air Freight Corp.</i>, __ A2.d __, 2006 PA Super 176, 2006 WL 1977508 (Pa. Super, Pa. July 17, 2006) (No. 2068 EDA 2005), Judge Richard B. Klein, with Judge Maureen Lally-Green concurring, authored the opinion affirming a Northampton County trial court's order denying the franchisee's motion for summary judgment and granting the franchisor's cross-motion for summary judgment.
Rehiring Attorneys After a Break: Doing the Numbers
Both the American Bar Association and the University of California's Hastings College of the Law in San Francisco are launching initiatives aimed at helping attorneys who have stopped practicing maintain their connections and ease their transition back into the profession.
Lessons from Purdue: Patent Practitioner Tips for Avoiding Inequitable Conduct Claims
<i>'It has now been surprisingly discovered ' '</i>With these words in Purdue Pharma's U.S. Patent Nos. 5,656,295, 5,508,042 and 5,549,912, Endo Pharmaceuticals asserted a basis to challenge the enforceability of Purdue's controlled-release oxycodone formulations due to inequitable conduct. <i>Purdue Pharma L.P. v. Endo Pharms., Inc.</i>, 438 F.3d 1123 (Fed. Cir. 2006).
