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Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

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April 4, 2006

Just One Hyphenated Word on the Latest Round of Associate Salary Increases at Big Law Firms

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Posted by Dennis M. Kennedy

There's been a lot of discussion in recent days on the latest round of associate salary increases at large US law firms, Bruce MacEwen does a nice job of summarizing the issues here.

The Wired GC has now weighed in with a thoughtful and thought-provoking post taking a client's point of view, the first of what he promises will be several posts on the topic. I can't wait to read them all.

The Wired GC stirs the pot with a couple of must-read observations, but here's the money quote:

(We of course know it’s not about price-fixing.)

Hmmm, there's that one hyphenated word.

I remember an earlier round of associate salary increases back in the dot-com era when I was on my firm's hiring committee. As we considered, all the issues you read about in the discussion of the economics of these issues and the need to raise salaries to attract new lawyers, a good number of my friends in small law firms kept using that hyphenated word - "price-fixing." I never bought their arguments.

The category of this post is called "Provocations." Here comes the provocation and we'll see what discussion we get.

In recent months, I've noticed a ratcheting up of the "protections" of the legal profession from within - stories about lowering the rates of bar exam passage, decisions that law firms can't use certain types of advertising (pit bull ads anyone?), other efforts on preventing "unauthorized practice of law," and and now law firms all over the country raising starting salaries by same amounts in all but unison.

Is the legal profession begging for outside (governmental) investigation, intervention and antitrust regulation?

I'm just raising the question to see what people think, not necesarily as a reflection of my own opinion.

Thanks to the Wired GC for asking some tough question. I highly recommend his post.

Comments (4) + TrackBacks (0) | Category: Law Is A Business | Law Practice Management | Practice of Law | Provocations


COMMENTS

1. Tim Hadley on April 5, 2006 6:56 PM writes...

I guess I don't see it. I suppose it's price fixing if the big firms collude and say, "Okay, we're all agreed that we're going to 145 [or 135, or 125] and no higher." But it's not price fixing if a firm or two start pushing salaries to $135k, or $145k, and others follow because they're worried about attracting and keeping associates. There might be some of the former, but I also suspect there's a lot of the latter. Salary information flows pretty freely among law students and young lawyers, at least starting salary information does. (More detailed information is not hard to come by, especially regarding firms with lockstep structures.) We can assume that the managers of firms also can get hold of that salary information easily and hear about changes quickly.

Meanwhile, associates expect to be paid whatever is "market" for their class of firm in their city. If they perceive that they're not being paid "market", it may not be a dealbreaker, but if they're already unhappy with their jobs it's just one more thing that they can be unhappy about, and for some it could be the last straw. Firms that already have a lot of churn are painfully aware of that.

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2. Mister Thorne on April 13, 2006 4:08 PM writes...

Just finished reading your post that begins, "Thre's been a lot of discussion . . . ."

What I was most interested in was not the issue of salaries for new associates, but the use and misuse of hyphens.

What we know is this: 'price fixing' is properly hyphenated when used as an adjective, but not when used as a noun. Big deal!

My interest in hyphens arises as I've been doing a good deal of work lately for a big AmLaw 100 firm, and that's exposed me to writing practices of lawyers.

It's interesting. It seems as if attorneys take a writing class not all that different from the handwriting classes that doctors take. For some reason, attorneys just don't like serial commas, but they love serial semicolons and they truly love caps. Who teaches these lawyers to write about 'Members of Congress," "the Executive Branch," and, "the State Attorneys General?"

Do they get extra credit for capitalizing everything?

And since I'm at it, why is it that AmLaw 100 firms don't have any 'female' attorneys? For some reason, they all seem to have 'women' attorneys. Is 'women' an adjective in legal circles?

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3. John on April 17, 2006 6:21 AM writes...

Thanks; the other posts may see the light of day this week.

I've been too busy working to avoid paying associates to do the same.

Not that there's anything wrong with that...

Permalink to Comment

4. John on April 17, 2006 8:25 AM writes...

Thanks; the other posts may see the light of day this week.

I've been too busy working to avoid paying associates to do the same.

Not that there's anything wrong with that...

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