I started this new topic to reply to EdwardNewton, since I sensed we both wanted to move away from the topic of BalancingWork. EdwardNewton never consented to this appropriation. If it was wrong, let me know and I won't do it again.
-- AndrewGradman - 26 Jan 2008

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Carina, thanks for that article. I also found this one in the “related articles” section relevant to our class discussion about legal outsourcing to India. http://www.nytimes.com/2006/10/27/business/27law.html?fta=y

I must admit that I am somewhat skeptical about the extent and speed at which Eben believes legal work will be transferred to India. It’s not that I think his argument doesn’t make sense (employing equally skilled lower wage workers reduces costs and increases profits), it’s just that I don’t think that law firms operate in a very competitive market.

From my relatively uninformed and obviously biased perspective, I think the U.S. law firms basically exhibit cartel-like behavior. The ABA makes becoming a lawyer extremely expensive: an undergraduate degree, 3 years of law school, being admitted to the bar, for instance. By limiting the number of lawyers, the price for their services is artificially inflated. That’s why legal advice is prohibitively expensive for most people.

Firms also bill clients several times the amount they pay out in associate salary. I think someone in class mentioned a 5:1 ratio. Such margins would be unsustainable in a competitive environment. In addition, there is virtually no price competition between firms. That’s why every firm in New York pays $160K for a 1st year associate.

It’s my impression that firms don’t respond to market pressures very aggressively. I would bet they will be slow to outsource, just as they were slow to introduce alternative work arrangements.

-- EdwardNewton - 26 Jan 2008

Cartelization drives up prices a great deal. 5:1 would be unsustainable if firms had to compete harder for clients (lowering the bill), or if they had to compete harder for associates (raising their salaries).

But the bill:salary also gets driven up by the economies of scale (or is it scope?) that firms add to a lone associate's work:
(1) shared legal support (including paralegals, associates, subscriptions and management) --> lower overhead per attorney.
(2) shared legal knowledge (larger firm size --> more fertile network to cross-pollinate ideas & more giants' shoulders to stand on)
(3) shared reputation (which, to those clients paying for black-box legal services, is the total value a lawyer's work)
(4) shared and reliable clients (who consolidate legal services into one firm, and stay for the long term) --> a free client base for associates to pass through

Even if the cartels never get broken up, the next few decades will remove old economies of scale, and add news ones, as:
(A) Technology and globalization change the nature of our clients.
(B) These forces, and new political pressures, change their legal questions (our work).
(C) These forces change the structure of our firms.

RE (1): Legal support will get hardest hit: paralegals, then Wexis, then associates. Associates altogether will add less value per partner. The pyramid will TAPER. But each associate will add more value per partner; and firms, with fewer associates, will need to lower associate attrition to replace the same number of partners. Will each associate be paid more?
RE (2): Will lawyers' knowledge become more freely available, so that other lawyers can benefit from it without compensating them? I assume this cross-pollination is most implicated by Eben's vision for the future of intellectual property.
RE(3): Will the lawyers' knowledge become more publicly accessible, so that clients can benefit from it without compensating them? Will clients have fewer black-box legal problems, lowering the value of lawyers' reputations? (black-box = not of easily measurable value.)
RE (4): As a result of (2) and (3), will clients become more mobile, preferring less to consolidate, in one place, all their legal problems for all time?

-- AndrewGradman - 26 Jan 2008

Some comments/observations that tie into some of what you are discussing:

(1) The bigger the client, the more likely the client will simultaneously use several of the top firms in a given community, divvying up the work by practice area. This way, if and when litigation time comes, the bigger firms with the most litigation expertise will already represent them and can't represent the other side. A combination of disablement and utilization going on here.

(2) Some practice areas are highly sensitive to political swings. It is always a strength for these practice areas to have several Repub and Dem attorneys on the rolls who are savvy about political connections.

This may sound crass the way I've presented it, but I'm trying to be candid here. Think about these angles, because in one way or another, chances are they will impact you.

-- BarbPitman - 26 Jan 2008