The Eternal Disequilibrium
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?
http://www.bmacewen.com/blog/archives/2005/03/the_eternal_dis.html
