Negotiating Status: Pro Bono Partners and Counsels in Large Law Firms

Law firm pro bono work provides access to justice to low-income people and other vulnerable populations. The professionals that manage pro bono programs are at the forefront of that process. The limited available research on these professionals do not often distinguish lawyers from other managers or theorize about their status vis-à-vis other law firm lawyers. Yet the status of lawyers who are also managers of pro bono programs influences both their identities and the management and provision of legal services and advocacy. Drawing on original demographic and interview data, this article shows how law firm pro bono partners and counsels navigate their ambiguous roles and negotiate their status as lawyers and managers. I find that pro bono partners and counsels navigate their ambiguous roles by striving to be perceived as “real” lawyers, reframe their roles as business generators, conform to the billing culture, and establish a common identity. They also negotiate their titles and office spaces to raise their profiles. Gender inequality influences the negotiation of office spaces and the approval of pro bono matters. These findings have implications for lawyers who manage pro bono programs and the legitimacy of pro bono work.

What is the position with declaration of GP earnings?

Ross Clark, a partner in the specialist healthcare law firm Hempsons, provides some guidance on the thorny issue of having to declare GP earnings

Knowledge Transfer and Use as Predictors of Law Firm Performance

There has been observed low practice of conscious knowledge management among Nigerian law firms and there is no evidence on how knowledge transfer and use predict their performance. Hence, this study examined knowledge transfer and use as predictors of Nigerian law firm performance. The study adopts descriptive survey research design and web-based questionnaire as instrument for data collection. There was total response of 205 from the survey. It was found that Nigerian lawyers transfer knowledge through platforms such as meetings, training, workshops/seminars and collaboration. Results show that Nigerian lawyers use knowledge to improve innovative thinking, enhance performance, maximize financial performance and improve client’s satisfaction. Results show that there is statistically significant relationship between knowledge transfer and law firm’s performance. Results show that knowledge transfer and use will significantly predict law firm’s performance. This study provides fresh insights that knowledge transfer and use are veritable mechanisms to improve law firms’ performance.

Accent Bias and Perceptions of Professional Competence in England

Unequal outcomes in professional hiring for individuals from less privileged backgrounds have been widely reported in England. Although accent is one of the most salient signals of such a background, its role in unequal professional outcomes remains underexamined. This paper reports on a large-scale study of contemporary attitudes to accents in England. A large representative sample ( N = 848) of the population in England judged the interview performance and perceived hirability of “candidates” for a trainee solicitor position at a corporate law firm. Candidates were native speakers of one of five English accents stratified by region, ethnicity, and class. The results suggest persistent patterns of bias against certain accents in England, particularly Southern working-class varieties, though moderated by factors such as listener age, content of speech, and listeners’ psychological predispositions. We discuss the role that the observed bias may play in perpetuating social inequality in England and encourage further research on the relationship between accent and social mobility.

Mediation advocacy

<p>Mediation has been a part of New Zealand’s employment statutory framework in one form or another for over a century, and has been the first port of call for employment disputes under the current Employment Relations Act for nearly 15 years.¹ I have been working as a mediator in this context for almost seven years in more than 1,000 mediations. Lawyers are playing a significant part in the field of mediation, with a large number representing clients in this forum on a regular basis. In an evaluation of 100 of my mediations over a ten-month period, 85% of parties were legally represented. This rate is consistent with anecdotal reporting across the employment mediation service. Lawyer representation in mediation is not unique to the employment context. There are various mediation schemes provided for under many New Zealand statutes as well as a wide raft of non-statutory mediation occurring in numerous settings. In my experience as a mediator with human rights and leaky building mediations, as well as working as a lawyer in a large commercial law firm, I am aware lawyers are representing clients in many other areas of mediation as well. Although there is a significant amount of mediation occurring and a large number of lawyers regularly appearing in mediation, my experience is that the majority of lawyers act in mediation as if they were in litigation and take an adversarial approach. My thesis is that lawyers have not adapted effectively to mediation and taken on the role of mediation advocacy. This paper explores the topic by first describing, in Part II, what I observe as lawyers’ adversarial approach in mediation. It then looks at other research to assess whether this experience is reflective of a wider issue. It finds there is evidence to support my observations. Part III analyses why lawyers are operating in an adversarial way in mediation and proposes several reasons this may be the case. Part IV puts forward what I propose is appropriate mediation advocacy. It sets out the knowledge, roles and skills required from lawyers when representing clients in mediation. Part V suggests what might be done to assist a shift away from the common, adversarial approach to effective mediation advocacy. This paper is written within the context of employment mediation in New Zealand. However, it draws on research from different jurisdictions and areas of practice so the conclusions it comes to may have more general application. The topic is not whether lawyers should be in mediation. I am not arguing that lawyers do not have a part to play in mediation. A lawyer well versed in mediation advocacy can play a highly effective part in the process. Leonard Riskin, one of the key authors on the topic of lawyers in mediation, expresses this even more strongly, saying he believes lawyers’ involvement is fundamental to mediation’s success.² Further, this paper is focused on lawyers representing parties in mediation and does not consider lawyers as mediators.</p>

Mediation advocacy

<p>Mediation has been a part of New Zealand’s employment statutory framework in one form or another for over a century, and has been the first port of call for employment disputes under the current Employment Relations Act for nearly 15 years.¹ I have been working as a mediator in this context for almost seven years in more than 1,000 mediations. Lawyers are playing a significant part in the field of mediation, with a large number representing clients in this forum on a regular basis. In an evaluation of 100 of my mediations over a ten-month period, 85% of parties were legally represented. This rate is consistent with anecdotal reporting across the employment mediation service. Lawyer representation in mediation is not unique to the employment context. There are various mediation schemes provided for under many New Zealand statutes as well as a wide raft of non-statutory mediation occurring in numerous settings. In my experience as a mediator with human rights and leaky building mediations, as well as working as a lawyer in a large commercial law firm, I am aware lawyers are representing clients in many other areas of mediation as well. Although there is a significant amount of mediation occurring and a large number of lawyers regularly appearing in mediation, my experience is that the majority of lawyers act in mediation as if they were in litigation and take an adversarial approach. My thesis is that lawyers have not adapted effectively to mediation and taken on the role of mediation advocacy. This paper explores the topic by first describing, in Part II, what I observe as lawyers’ adversarial approach in mediation. It then looks at other research to assess whether this experience is reflective of a wider issue. It finds there is evidence to support my observations. Part III analyses why lawyers are operating in an adversarial way in mediation and proposes several reasons this may be the case. Part IV puts forward what I propose is appropriate mediation advocacy. It sets out the knowledge, roles and skills required from lawyers when representing clients in mediation. Part V suggests what might be done to assist a shift away from the common, adversarial approach to effective mediation advocacy. This paper is written within the context of employment mediation in New Zealand. However, it draws on research from different jurisdictions and areas of practice so the conclusions it comes to may have more general application. The topic is not whether lawyers should be in mediation. I am not arguing that lawyers do not have a part to play in mediation. A lawyer well versed in mediation advocacy can play a highly effective part in the process. Leonard Riskin, one of the key authors on the topic of lawyers in mediation, expresses this even more strongly, saying he believes lawyers’ involvement is fundamental to mediation’s success.² Further, this paper is focused on lawyers representing parties in mediation and does not consider lawyers as mediators.</p>

Promotion to Partner in Large Law Firms Operating in the United Kingdom: Tournament Theory and the Monitoring of the Implied Promise

<p>This research is a study of the promotion to partner process in large law firms in the United Kingdom (UK). It is concerned with the application of tournament theory to such firms. In particular it is an examination of the ability of associate lawyers to monitor the implied promise that, in prescribed circumstances, they will have the opportunity of becoming a partner at their firms. In order to identify whether or not the rules of tournament theory on promotion to partnership hold true when set against the experiences of lawyers in large law firms operating in the UK, I established a theoretical framework based on a review of the relevant literature. I then tested that theoretical framework with data from two sources: case study interviews with partners at a large UK law firm; and a questionnaire distributed to a wider sample group of partners across a number of large UK law firms. The research found strong evidence to support the application of the core elements of tournament theory to large law firms in the UK. The research also found, however, that the implied promise envisaged by tournament theory was not the promise monitored by the individuals who took part in the research project.</p>

Promotion to Partner in Large Law Firms Operating in the United Kingdom: Tournament Theory and the Monitoring of the Implied Promise

<p>This research is a study of the promotion to partner process in large law firms in the United Kingdom (UK). It is concerned with the application of tournament theory to such firms. In particular it is an examination of the ability of associate lawyers to monitor the implied promise that, in prescribed circumstances, they will have the opportunity of becoming a partner at their firms. In order to identify whether or not the rules of tournament theory on promotion to partnership hold true when set against the experiences of lawyers in large law firms operating in the UK, I established a theoretical framework based on a review of the relevant literature. I then tested that theoretical framework with data from two sources: case study interviews with partners at a large UK law firm; and a questionnaire distributed to a wider sample group of partners across a number of large UK law firms. The research found strong evidence to support the application of the core elements of tournament theory to large law firms in the UK. The research also found, however, that the implied promise envisaged by tournament theory was not the promise monitored by the individuals who took part in the research project.</p>

Does your partnership deed address performance?

Justin Cumberlege from specialist healthcare law firm Hempsons, provides some guidance on how to address under-performing partners, or conduct issues, in a partnership deed

Law Firms as Tax Planning Service Providers

We provide large sample evidence of law firms facilitating U.S. publicly traded companies' tax planning, investigate when evidence of law firm involvement is strongest, and examine some tax planning mechanisms law firms facilitate. Because companies' tax planning relationships with law firms are not publicly observable, we use litigation filings and SEC comment letters to identify companies' observable law firm relationships. We find a positive association between companies' tax planning and the average tax planning of other companies that have a relationship with the same law firm. This association is stronger for companies that are smaller, younger, R&D intensive, financially constrained, and facing less capital market pressure but does not vary with auditor-provided tax services. We also find evidence consistent with law firms facilitating the use of tax havens, Double Irish structures, and special purpose entities. Our findings deepen our understanding of companies' tax planning ecosystems.