Lockstep vs. eat-what-you-kill:  Joined at the hip?

Legal Week argues, using the apparently unending saga
at Clifford-Chance as a journalistic "hook," that the boundary
zone between the two models is wide and flexible, not narrow and
bright.

Now at one level, this is not news:  Pure-as-the-driven-snow
examples of each model are, when one actually looks around, quite
rare.   Even Clifford-Chance’s fabled wrestling match
with the issue can be read, in a sense, as teaching that a nuanced
blend is essential and that a Manichean approach is economically
perilous and divisive.  And then when it comes to actually
dividing the pie at year-end (or driving markers in the ground
during the year as clients and matters are "claimed" by would-be
originators), things get even murkier.  Rarely is a new client
truly bagged by one and only one partner—certainly if you
asked the client they’d almost certainly report that while a personal
relationship with the partner was instrumental at the moment of
selection, the key business rationale driving the choice was a
reliance on the firm’s assets and expertise as a whole.

Moreover, the laundry list of behaviors which management wants
to reward through remuneration includes (or should include) many
having nothing to do with new client origination, such as:

  • contributions to practice group management;
  • associate recruitment and development;
  • lateral recruitment and integration;
  • pro bono, civic, and bar association activities; and
  • active or leadership roles in firm governance.

Look at that list again and ask yourself what those activities
best correlate with:  I would argue, with seniority.  So
setting out to be "meritocratic" can intrinsically—and
correctly—introduce a "seniority premium," just like lockstep.

Finally, the article observes, in an exercise in stating the obvious,
that both lockstep and eat-what-you-kill can be done well or badly,
and that it all depends on "what the firm is trying to achieve
and how well it’s applied."   To be sure.

I have a more specific theory:  I think an emphasis on one
or the other depends on where a firm is in its "lifecycle."  A
pure lockstep may be an anchor if you’re just launching a practice,
and a pure meritocracy may destroy a mature, "climax stage" firm.  So
the question becomes, where are you?  And do you want to stay
there?

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