Question and Answers About Navigating Law Firm Dynamics: Job Security, Independence, and the Realities of BigLaw

 

In these questions and answers, we explore the stark realities many attorneys face inside law firms: the illusion of job security, the risks of dependence, and the subtle but powerful forces that determine who rises and who falls. These insights are not meant to discourage you—but to prepare you. Because once you understand how the game is really played, you can make smarter choices, take control of your career, and even outperform the very system that once held you back.

Whether you’re considering going in-house, breaking out on your own, or simply trying to survive long enough to make partner, this candid discussion will give you the clarity you need to move forward strategically—and with confidence.
 

Question 1:

Question: Associates should not be treated as disposable trash by law firms. They're almost all like the customers. The law firm is essentially an advertising and support system for attorneys, with the expectation that the attorney will become a profitable business which the law firm's collective leadership can take a share. Law firms instead seem to believe that associates must cater to the rational and subjective whims of leadership. This is why any smart independent attorney can out-compete and make $700,000 a year, as you described, versus making half with a firm. Attorneys like to go in-house because it resembles the law firm model. They are afraid to go out on their own and want to be dependent, and the trade-off is to leave your future in the hands of possibly the wrong people through the promise of security.

Answer: That's exactly right. Think about all the government attorneys right now in the federal government who are losing their jobs. They are dependent on the whims of the current administration. If you go in-house for security, those are some of the least secure jobs. Companies can go out of business, or new leadership can come in and replace the legal department. In-house jobs are extremely risky. When I look at resumes of in-house attorneys, many of them will work in-house for a year or two and then have employment gaps.

For example, I saw one attorney who moved to Durango, Colorado, after working at a major New York firm. He bought a house, his kids were in school, and he thought he was secure. Six months later, he lost his job and it took him years to find another in-house position. So, anytime you're dependent on others for your job, you're at great risk.

Law firms can also be irrational and subjective in their treatment of associates. However, if you learn to navigate these dynamics, you can develop skills that help you deal with clients who are equally irrational. The only way to achieve true security is to develop your own business, either by starting your own firm or by building a book of business within a firm.

• See Also: Four Fatal Mistakes Highly Qualified Attorneys Make When Choosing Law Firms

 

Question 2:

Question: I would posit that in-house jobs are about as insecure as law firm jobs, but law firm models prevent associates from rising and filter off the non-performers. Being dependent on a corporation as in-house counsel is no different than being dependent on a law firm. Law firms hate that. With respect to independence, that's why they're partners. I would disagree that clients are rational and subjective. Clients are running businesses, and irrationality costs money and takes food off the table. It's an excuse. Law firm partners can be irrational to associates because the associates are worthless and replaceable. It is no cost to them to be irrational, at least in the short term.

Answer: That's true. Law firms can afford to be irrational with associates, especially if the associates are replaceable. However, law firms are less likely to be irrational with associates who have exceptional qualifications, like a degree from Stanford or Harvard. If the market is tight and it's hard to find associates, firms will be nicer to retain talent.

Clients, on the other hand, can always find other firms, so attorneys often have to jump through hoops to keep them happy. Associates are generally replaceable unless they have unique skills or exceptional qualifications. For example, I remember a patent attorney in Seattle who had his own practice. He was offered a job at Baker McKenzie, and when he negotiated for a higher salary due to the cost of living in San Jose, they agreed. But that kind of leverage is rare.

• See Also: Why Going In-house Is Often the Worst Decision a Good Attorney Can Ever Make

 

Question 3:

Question: You raised a good point about government attorneys as well. The notion of job protection really means unearned value or income acquired through coercion, intimidation, or trickery, or government-sponsored state force. The problem, as with government attorneys, is misplaced expectations. My associates, it's my view, a pathetic position to be in. Not a prestigious one to be a law firm associate, rather than being treated like a full-fledged licensed attorney, which you are, instead of being treated like a small child and not being trusted with the good china clients, who are left to a toddler cage.

Answer: I agree. Being a law firm associate is not necessarily prestigious; it can be very scary. In smaller markets, being an attorney is seen as a very prestigious profession, but in larger markets like New York or Los Angeles, people don't care as much. The value of being an attorney diminishes in larger markets. In smaller markets, people look up to attorneys, but in larger markets, it's just another job.

• See Also: How Difficult Is It for Attorneys to Move from a Government Position to Law Firm Attorney Job?

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Question: The inverse can be true about turning qualifications on your respectful partners. Many times, partners with lesser qualifications will threaten their resentful associate with better qualifications. They think, "Why introduce this arrogant Harvard or Yale law student to my client? I could lose business." Instead of acknowledging that an associate might out-compete them on an even playing field, they keep them down.

Answer: That's a good point. Sometimes, partners who didn't go to top law schools feel threatened by associates who did. However, in my experience, partners often like to tell clients that they have associates from top schools because it looks good for the firm. But yes, if you're smarter than your boss and make them feel bad about it, that can create problems. For example, I once worked with a partner who wasn't very intelligent, and when an associate tried to explain a legal matter to her in simple terms, she felt condescended to and eventually pushed the associate out of the firm.

• See Also: How to Make Partner in a Law Firm: Top 10 Characteristics of Superstar Associates Who Make Partner

 

Question 5:

Question: Why shouldn't a law firm partner who is criticized by an associate know their shifts? Partners should thank the associate if there's a mistake. They could take all the credit and provide better services, diplomatically thanking the associate for helping the partner by catching mistakes. This hatred of the good for being good is a key point of objectivism and study.

Answer: I had a situation where a young associate from the University of Chicago Law School was given an assignment by a junior partner. Instead of spending weeks researching the issue, he found a solution in a few hours. When he presented it to the partner, the partner was upset and told him to keep working on it. The associate refused, and the partner fired him. This associate was so disillusioned that he left the legal profession entirely and ended up working as a criminal attorney handling DUIs. So yes, sometimes associates are punished for being good attorneys. The key is to learn how to navigate these situations and do what you're told, even if it seems unnecessary.

• See Also: Responding to Criticism: Survival Strategies

 

Question 6:

Question: Law firms, which I'm super sure, offer an objectively superior service. The associate should go out and compete with the idiot law firm partner who thinks overbilling clients is a good business model. I'm the associate with now to achieve success overnight but rise to the top in the law firm. The end up partner will sink.

Answer: Some people who do dishonest things eventually get caught, but not always. I recommend reading an article on BCG called "The Message to Garcia." It's about a man who was given an assignment to deliver a message to a person deep in the jungle during wartime. He didn't ask questions or make excuses; he just figured out how to get it done. That kind of attitude is highly valued in any profession. If you can do whatever is asked of you without questioning it, you'll go far.

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