Author: Alex Novarese
02 Sep 2009 | 18:12 | 6 comments
There has been much talk lately of the legal profession's elitism, but an interesting piece of research puts a new spin on the topic by arguing that large law firms suffer many of their problems with staff engagement because they hire excessively from a privileged academic elite.
The core idea, based on research tracking 5,000 lawyers who began practising in 2000, is simple. Large corporate law firms are strongly focused on recruiting the most able students from a handful of prestigious institutions. But these institutions produce individuals with the strongest sense of entitlement, a sense of collective "mutual eliteness". This group is also likely to consider high-flying careers in finance or consulting, or at least know peers that do. The researchers, from the University of Toronto and Southwestern Law School in Los Angeles, conclude this group is the most easily dissatisfied with law, often rejecting the sacrifices required for partnership. They may still join large law firms, but increasingly see such jobs as a small step on the path to grander things.
Matters are aggravated when this restless mob is combined with the trusty law firm formula of long hours, high billing targets and moderate training, squeezing out what little engagement you have from junior ranks socially programmed to break up with their employer.
The conclusion of the researchers is that firms should widen their intake of students from second-tier institutions, as this group values the job more and are more inclined to make the long-term commitment needed to make partner. The researchers, Ronit Dinovitzer and Bryant Garth, suggest firms should also address the factors that lead to high attrition in general. In particular, firms should consider whether high starting salaries create perverse incentives to skimp on training and development.
It's an interesting argument. After all, the quality of the intake doesn't matter - if you are hiring from a narrow pool of people indoctrinated to think they're too good for your firm, you have a problem, no matter how smart they are.
If you accept this argument - and writing in this month's American Lawyer, the pair make a good case - the implications for law firms are huge. As they write: "The one group that has long been the staple of large law firm partnership ranks - elite white males - may no longer be interested in doing what it take to get such positions."
Whether major law firms are ready to hear this message is doubtful. For one it undercuts the profession's sense of status - it hurts to hear your intended is out of your league. And the recession-driven employer's market will see some firms try to trade up academically to go after candidates they wouldn't normally get. The irony is that far from investing in the future, such firms are probably storing up trouble hiring aspiring lawyers who think they could have it so much better - and when the market turns, intend to prove it.
COMMENTS (TOTAL 6 COMMENTS)
I see a lot of job ads for little-known firms asking for stellar CVs in return for distinctly un-stellar salaries and prospects. Very short-sighted.
Big Dave -03 Sep 2009 | 14:26
What about the Bar?
The top commercial and common law sets recruit exclusively from a "privileged academic elite" - to a far greater extent than City law firms do. However, they don't suffer anything like the same attrition issues. Maybe the real reason so many people leave law firms (at least when they can) is because law firms just aren't very interesting or fulfilling places to work?
playfootsieforme -03 Sep 2009 | 19:47
I think the idea the researchers were advancing is that law firms should pay junior lawyers less but train and develop them more so they are more fulfilled. I can see the logic for that.
Alex Novarese -04 Sep 2009 | 11:11
I suspect that I fall into the category of individuals mentioned in this article, having (i) attended an "elite" university, (ii) joined a big law firm, (iii) left the same big law firm, and (iv) joined the Bar.
First of all, though, it's worth dispelling the myth that being being white, male, and attending a top university automatically means you are 'privileged'. It doesn't. You may just have been smart, hardworking, and ambitious.
And that's where the 'big law firm' problem kicks in - because big law firms are simply not meritocratic and talented hard-working individuals generally prefer meritocracies.
Ed -05 Sep 2009 | 15:41
Manager
A great article about some thought provoking research. It brings together two issues – that of social mobility, which has been in the headlines in the UK recently in light of Alan Milburn’s report (we comment on it here: http://bit.ly/3b5i16) and that of employee engagement. This article suggests that a wider intake might improve employee engagement. Law firms in the UK have already made great strides in terms of social diversity so the legal profession is no longer solely comprised of “elite white males”. If there are employees that “are dissatisfied with the law” then maybe law firms should look to improve engagement with their staff. Here’s a guide on how they can: http://bit.ly/18rL2u
Colin Loth -07 Sep 2009 | 08:49
CorporateBeach
'Highly motivated students with business acumen' is something that all law firms look for in prospective lawyers. However, highly motivated business-savvy lawyers are the ones most likely to leave their law firms after a couple of years PQE to set up their own business (or to pursue a different career).
Law firms shouldn't advertise for business-minded lawyers, they should be more honest and simply advertise for ambitionless worker drones, which is exactly the type of lawyers they want.
CorporateBeach -07 Sep 2009 | 19:54
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