Recently the New Republic published an article titled "The Last Days of Big Law" by Noam Scheiber. In the article, Mr. Scheiber illustrates first the characteristics of the so-called golden age of the big law firm, followed by explaining what law associates went through upon joining the firm seeking to climb the ladder to become the next partner and land on easy street for the rest of their careers, and how current partners engaged in office politics to take credit for an associate's work, or to beat out other partners for increased rewards in a points based system of profit sharing. There were generous salaries, prestige, stability, and a benevolent paternalism. Above all, there was security. These big firms had cases flooding in, and the partners had the ability to accept cases they wanted and that would be lucrative for the firm. All others - well you may have had a case but not one worth taking. Associates did much of the actual work, striving to bring money into the firm in the hopes of landing a new partner position, rising up the chain to more money and less work.
Mr. Scheiber then proceeds to note a very sharp change brought on by the changing economy - he states that "Part of the reason the law-firm ecosystem has changed so dramatically in a single generation is greed." The change? The recession, changes in technology, increased competition; all of these had an impact on the legal profession. Clients no longer have the ability to pay whatever expenses are charged, they now have to watch costs and seek the best value. There is a sort of institutional disdain for cold calling and having to work to get clients. There is increased cutthroat office politics to get greater recognition, fighting to bring in more fees, and cutting anyone not meeting a quota. As a result, many new associates are being let go, and like many new law graduates, are having a hard time finding a job. This is all changing, and should change. Solo and small firms are growing, associations among attorneys and contract work are becoming more popular alternatives to the big firms, not to mention the rise of businesses like legal zoom and the limited practice officers and legal technicians.
In full disclosure, I have only been part of a big firm once in my life. Not a private law firm but a public one - a county prosecutor's office for a year as an intern. I have to admit I enjoyed the experience very much, and made some great friends. Had certain circumstances been a little different, I would have loved to have stayed on. Other than this experience, I have either been a solo practitioner, or had one other partner. Part of the reason I decided against joining a big firm, which I define as having at least 4 partners and around 6 associates minimum, is for the very reasons that Mr. Scheiber pointed out as characteristics of the golden age. I saw many instances where my father needed legal help and was turned away because his case would not bring in at least $1 million for the firm. Not that there wasn't some office politics at the prosecutor's office - indeed there was, but it was minor and of a completely different nature - but at big firms where there is more competition to reach that partner position, or to gain the most credit for bringing in the most fees, the office politics can be brutal and nasty. I have always felt this was unnecessary, and counter-productive to the real purpose of a law firm and in fact a business. Perhaps the most significant reason why I decided to go into solo practice was something that happened to me while in law school
During my first year in law school, several local attorneys volunteered to judge a client counseling competition. I thought this would be a great opportunity to test out how well I could help someone who came into my office. I remember a hypothetical client came into the classroom with me and a friend asking for help with an issue she had and perhaps for representation if she had a case. Our two assigned judges sat quietly in the back of the room. Her issue involved being cheated by a local business but the total damages and expenses involved made the case questionable at best. After we completed counseling her, she left and we awaited the judges critiques. My friend and I were shocked when the judges told us that they would have chased the potential client out of the office in about 5 minutes and that we wasted our 20 minutes with her. They told us that she had no case, and that we should have referred her to the Attorney General's office to let the consumer protection division handle the matter. In hindsight, they were probably right about this point, but what made the most impact was when they told us that we weren't getting into the legal profession to help people - this was a business and we needed to learn to think that way. This floored me since this was precisely the reason why I went to law school. I had aspirations of running for public office or otherwise using my legal education to help people. I certainly understood the need to make a living, but I wanted to do so in a way that helped people.
This mindset, this type of greed, if you will, is certainly not what the legal profession is about, and it is not what business should be about. In fact, God calls for us to not only engage in business, but to also do so in an ethical manner, and this includes the legal business. We are called to work in order to support ourselves and our families (2 Thessalonians 3:6-12; 1 Timothy 5:8), to take care of the poor (Ephesians 4:28), to support the church and its outreaches (1 Corinthians 16:1-3) and to provide a platform for sharing our faith. Because of this, our business should be run with integrity. The Bible provides numerous examples of this ranging from ensuring weights and measures are accurate to tax collectors collecting only what is prescribed by law. Generosity towards the poor is also not only virtuous, but mandatory. Finally, the Bible condemns greed, but encourages ambition. Paul made it clear, and it will be quoted properly here: "For the love of money is a root of all kinds of evil, and by craving it, some have wandered away from the faith and pierced themselves with many pains." (1 Timothy 6:10). Money in itself is not evil, the love of money is, and loving money more than our fellow man is how we define greed.
Greed has brought down "Big Law," and has been a driving force behind the financial crisis. The solution is by no means the abandonment of capitalism and to embrace socialism. The solution is to return integrity to business and the legal profession. We are here to make money, but we are also here to help others. Indeed, as Rabbi Daniel Lapin has pointed out on many occasions, profits are rewards for our helping our fellow man. Greed and the love of money result in harming our fellow man, and to that end they should be condemned. Profits earned for helping others and improving their lives should be encouraged. As I often tell people, if I don't do a good job and help my clients, they go out of business, and if they go out of business, then I have no clients and go out of business too. I want to help my clients succeed and to give them the most value, and that should be the way of the future for the practice of law - the Biblical principal-based way of business.
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