Corner Office: Uses and Abuses of the Two-Tier Partnership
By the late 1990s, many law firms adopted a practice that significantly changed the original partnership paradigm. They created a new position, called nonequity, income, or contract partner, into which associates who were not admitted as equity partners could be placed. In effect, they created a two-tier partnership. This permitted them to retain associates longer, with the prospect that equity partnership might still be in their futures. But it was seldom made clear just how far into their futures.
Three Skills a Lawyer Needs to Succeed
The top three competencies or strategies a lawyer needs to succeed today are the abilities to generate new business, to learn the business of his or her clients, and to do top-notch networking. This article offers helpful hints on how to achieve them.
Best Practices, Productivity Tools Are Key to Higher Patent Returns
Today's innovation and brand-driven companies are well aware of the importance of intellectual assets ('IAs'). Few CEOs would deny the fact that a significant portion of their company's value is derived from intellectual property, especially patents. However, IAs represent a challenge for many corporate managers seeking to realize value in a world historically tied to 'hard asset' financial measures. Not only do most operating managers lack experience in systematic management of intellectual assets, but also they lack the necessary tools — such as agreed-upon accounting methods and standardized financial reporting for such assets. Not to mention the fact that most companies also lack even the most basic information systems needed to manage how intellectual assets are created, managed, and exploited.
Who Cares About Japan?
Since 2002, when then-Prime Minister Junichiro Koizumi stated he intended to transform Japan into a 'nation that is built on the platform of intellectual properties,' the Japanese government has shifted its focus on Intellectual Property ('IP'), bringing about numerous policy changes empowering Japanese firms to actively pursue both defensive and offensive corporate strategies to further discover the inherent value of their intellectual capital. These changes included not only new laws and agencies, but also the establishment of an Intellectual Property High Court ('IPHC') that handles only IP-related cases. For the United States, this signals that Japan is determined to become more competitive in both domestic and international markets using IP.
The Practice Group: A Firm Management Tool Or an Anchor?
The popularity of the practice group — an entity within a firm comprised of those who practice a specific area of law or serve a specific industry — is well grounded, in that it opens a number of advantages to managing a practice and better serving clients. But so complex and management sensitive are practice groups that they open, as well, the easy propensity to misuse the practice group concept in a classic case of poor management canceling the value of a good concept.
Digging Out from the Information Blizzard
It seems that information flows unabated onto the desktop or into the PDA 24/7. For many years, information was contained by fee-based access to aggregators, like LexisNexis and Westlaw, or obtained through the services of a third party. In the last few years, the governmental units and private data creators have begun to distribute information directly through the Internet. Much property information now comes from freely available, or reasonably priced, sources on the Internet. And it is available 24/7.
Project Management Matters
A couple of years ago, Bill Payne of Dorsey & Whitney LLP invited me to come to Minneapolis on two weekends in mid-winter. Not for a retreat or winter sports, but to meet with partners in their office on Saturdays. Payne was then the head of the M&A Group and he explained: 'We do a lot of mid-market deals, many with similar dynamics, documents and time pressures. Yet, each deal seems to be run like we were starting from scratch. We reinvent the wheel. We do wonderful individual work, sometimes under crisis conditions, but we don't seem to pull together as a team.' He wanted more teamwork, more project planning, and more learning from each deal. I jumped at the chance to facilitate the partners' discussions. Any firm that values matter management to this degree must be serious.
The Looming Associate Crisis
An associate recruitment and retention crisis is looming for which there are no easy solutions. Law schools continue to graduate roughly 40,000 students a year, as they have over the last 20 years. The AmLaw 200 law firms have been steadily hiring an average of 4%+ more associates each year, resulting last year in a typical incoming associate class of 50. That means that AmLaw 200 firms now hire about 10,000 new associates a year, or about 50% of the graduates from the top 100 (hardly the Ivy League elite) of the nation's 200 law schools.
Life Insurance and Divorce
Does your divorcing client's Statement of Net Worth reflect the fair market value of the life insurance policies he or she owns? This seems like a simple question, but in certain circumstances it may actually be quite complex.
