Linking
Arms and Loosening Ties
Area
law firms take new paths to achieve old goals - more files, top hires
By
Cynthia Snyder
Staff Writer, Princeton
Business Journal
May 23-25, 2000

Photo Credit: Frank Wojciechowski Photography |
Hoping to recruit
the best and the brightest, area law firms are inflating wage packages,
loosening dress codes, encouraging family time and actively seeking
strategic partnerships with well-established small firms and solo practices.
A tight hiring market and increased competition among firms to provide
clients with one-stop services also have led to major changes in the
practice of law.
A recent announcement
from regional giant Saul, Ewing, Remick & Saul - motto, "Lawyers
Thinking Ahead" - trumpets a staggering $10,000 increase in all
associate salaries across the board, with starting salaries in the Princeton
office climbing to $100,000, up from $90,000 last year. The shower of
green comes "in response to current trends in the industry,"
the announcement stated, and is "part of Saul Ewing's determination
to compete for and keep the best associate talent," according to
Managing Partner John Stoviak.
But just when young
lawyers may be tempted to spend their padded earnings on designer suits,
there soon may be less occasion for those high-priced duds. Local firm
Reed Smith Shaw & McClay has gone "business casual" every
day, leaving the daily dress-up/dress-down decisions to the discretion
of the individual attorney. At Reed Smith, salaries also are increasing
as the firm seeks to skim the cream from the available pool of top legal
talent.
Len Bernstein, administrative
partner in the firm's New Jersey office, said market pressure has made
it impossible to hold down starting salaries. "Unfortunately, the
market forces generated by the Silicon Valley law firms have skewed
the market so that the market for top-level, starting-level lawyers
has exploded," he explained. "Our clients expect that we will
get the best lawyers for them. So while these salaries are astronomical,
we have to compete. That's what led to our meeting and, hopefully, beating
the competition."
For many law firms,
the salary surge seemed to happen almost overnight. "It's more
revolution than evolution," said Barry Epstein of Passaic, a Bergen
County civil trial attorney in private practice for more than 30 years,
who was sworn in as president-elect of the New Jersey State Bar Association
(NJBA) on May 14. "Large law firms recognize they just can't march
ahead with the status quo," he said. "To compete against each
other and to compete with other things that young attorneys fresh out
of law school may wish to do
they've had to increase their starting
salaries even more."
For example, Mr.
Epstein said, a phenomenon that is increasing in the legal profession
is that some of the best new prospects never take the bar exam. "Let's
put it this way," said Mr. Epstein. "I don't think that being
a lawyer is the easiest way to wealth if you're a bright and talented
person. There are young attorneys coming out of the best schools who
don't even take bar exams, who never work for firms. They go into finance.
Internet situations, high tech - whatever - where the opportunity for
financial reward can be a lot greater. There's just not enough talent
to go around to fill the needs of the large firms."
Other young attorneys
may shy away from the "killer" hours imposed on them by large
firm practice, said Mr. Epstein, and therefore they seek public sector
jobs as government attorneys or else find a more comfortable niche in
smaller firms. Money's not the issue in such cases, he opined, "they're
interested in quality-of-life issues."
Under normal circumstances,
Mr. Epstein's firm, which has four lawyers on its letterhead, couldn't
compete for a top-ranking graduate. Nevertheless, he successfully recruited
one - from within his own family. "My son, who graduated Harvard
Law School is now in my firm, I'm proud to say," he kvelled. "Historically
speaking, however, somebody like me with a four-lawyer firm would generally
never have that opportunity. But given all the dynamics, the relationship
I have with my son, he's chosen a smaller firm career."
A feeling of family,
with or without blood ties, has enabled Princeton law firm Mason, Griffin
& Pierson, with 19 attorneys currently on the roster, to recruit
some of the best talent available in New Jersey for nearly half a century
without a sizable bankroll. "The firm is a very-people/ family-oriented
place to be," said partner and shareholder Kris Hadinger at Mason
Griffin's 45th anniversary celebration. "It's always felt like
a happy, comfortable home. The more senior members were always mentors,
and my peers have always been my friends. We grew up together in the
profession."
According to Princeton
Township Attorney Ed Schmeirer, Mason Griffin's managing partner, a
sense of family forms the cornerstone of the firm's overall recruiting
strategy. "You can't compete dollar-for-dollar. We compete for
quality of life," he said. "We pay a fair salary. But it's
also important getting up in the morning and being happy to go to work."
Mr. Schmeirer made
the personal decision 23 years ago, he said, to give family priority
over income. "I realized I wanted to be a soccer Dad, and to take
my daughter to ice hockey," he explained. At Mason Griffin, he
said, there was always the freedom to take in a late afternoon game
at the school and then return to work in the evening for a town meeting
or whatever was on the agenda. "I would leave a little early for
one of my daughter's games, and my colleagues would say 'Good luck to
Beth! I hope she wins today.' It's the quality of life I selected. I
could have made more money, but it wasn't worth it to me."
Another ace in the
hole for a medium-sized firm like Mason Griffin is the ability to offer
young lawyers immediate practice experience without a protracted apprenticeship,
said Mr. Schmeirer. "We get contacted by the same top guns out
of law school. For instance, the brightest young lady will join us in
September. She'll start here for less than at some of the larger firms,
but when she talked to us, she indicated she wanted hands-on client
contact and wanted to practice as a lawyer and not as a superclerk for
the next two years."
With its focus on
municipal and small business work in the Princeton area, Mason Griffin
has carved a niche that keeps it out of direct competition with "the
Route 1 firms," as Mr. Schmeirer terms them. The firm's top 10
clients, he said, average 25 to 30 years in relationship with Mason
Griffin, with Princeton Township (48 years) the oldest, followed by
Griffith Electric (45 years) and the Princeton University Store. But
as the firm's client base has expanded, so has the need for more diversified
services.
"We do have
some large corporate clients, including General Motors," said Ms.
Hadinger," and we do represent some corporations with international
clients."
In step with a trend
that has begun to change the legal landscape, Mason Griffin has begun
to form strategic partnerships with other area practices. Typical of
the firm's personalized style, Mason Griffin often forges such relationships
through family contact's. "We have a wonderful relationship with
William Deni, on Main Street in Flemington," said Mr. Schmeirer.
"We met through the Hun School. I know Bill as an outstanding person,
who loves his practice, loves Flemington, and loves us sending a couple
associates to help him in areas that are outside his specialization
- family law and criminal law - which are two practice areas we weren't
in."
In the course of
serving the municipal and business needs of its clients Mason Griffin
also can now offer ancillary legal work as part of the personal touch
the firm promotes. "Our clients would from time to time come to
us with a family law matter and say 'can you help us?' I'd answer, 'I
can't, but I've got a guy who can,'" said Mr. Schmeirer. "If
you have problems with the law, drunk driving, white-collar crime
(Deni is) a former assistant prosecutor. Meanwhile, I do land use work
for his clients. So it's a wonderful marriage."
One would think
that strategic partnerships would be less of a necessity for big firms
such as Reed Smith, a Pittsburgh-based firm of more than 600 attorneys
with a 70-lawyer New Jersey presence. Not so, according to Mr. Bernstein,
who heads the firm's New Jersey operations from an office located in
the Forrestal Village, because more and more medium-sized and small
firms will be affiliating with Reed Smith over the next few years.
"We are actively,
actively looking to expand with the best and brightest lawyers
in our region," Mr. Bernstein said. "And that message you
can broadcast loud and clear."
And local partnerships
will go along way toward combating the image problem confronting regional
firms like Reed Smith. "The New Jersey Law Journal loves
calling us a Pittsburgh firm," Mr. Bernstein fumed. "Well,
we drive on Route 1. We curse at traffic, just like everyone else. What's
the difference? But they have this fixation about us being from Mars
that is very frustrating."
By linking arms
with a larger firm, small local practices can call upon the larger firm's
breadth and depth of expertise. They also can avail themselves of all
the extras that go along with corporate strength: e-mail, overnight
delivery, fax, voice mail - and with the Internet virtually eliminating
distances, it no longer matters if such perks are under one's own roof
or two states away. "The clients want multidisciplinary service
over many geographies, and that's what we're trying to give them,"
Mr. Bernstein said.
Not so fast, responded
Mr. Epstein from his perspective as NJBA president. It all depends on
what you mean by "multidisciplinary practice" (MDP), which
is currently a hot-button term in the legal profession, he pointed out.
If you mean by it that you're offering a wide range of legal services
under one umbrella, that's one thing, he said. But what has begun to
worry bar associations across the country is the phenomenon of mixing
legal, financial and insurance services under the same umbrella.
"We've taken
a position that we are opposed to MDP. We've studied it and we've issued
a report on it," said Mr. Epstein. At a recent meeting of the MidAtlantic
Bar Association, comprised of associations from New York, New Jersey,
Pennsylvania, Maryland, Delaware and Washington D.C., nearly an entire
day was devoted to the matter. "It's a hot issue, and it's going
to be a major issue at the American Bar Association meeting this July
in New York City," said Mr. Epstein.
The greatest threat
posed by MDP is conflict of interest. "This could affect everybody
all across the board," said Mr. Epstein. "Somebody comes into
an accounting firm to get their tax return done and they're selling
their house, and they're sent down the hall to take care of that. And
then maybe there's a guy on the next floor who sells insurance, so he
takes care of that," he said, citing PricewaterhouseCoopers as
the leading proponent of this trend.
"It's not just
accounting and law services. It can be insurance, estate planning, stock
marketing, whatever
But lawyers in New Jersey have to adhere to
a code of conduct," Mr. Epstein said. The rules do not allow you
to share fees with non-lawyers. And that's a rule that has to be changed,
obviously, before lawyers can jump into these kinds of practices, or,
in a general sense, form these kinds of relationships."
When the PricewaterhouseCoopers
and their ilk move in, said Mr. Epstein, the impact on practices both
large and small could be far-reaching. "Everybody could
be affected by the multidisciplinary practice issue, and any law firms
who don't think they could be affected by it are just not seriously
thinking about the consequences."
While partnership
ties are tightening across a variety of disciplines, other ties - in
the traditional, sartorial sense - are loosening. New Jersey legal practices,
both large and small, are looking for any angle, no matter how slight,
to promote the kind of happy work environment that attracts and retains
talent. For some firms, this means "going casual."
Following Wall Street's
lead. Reed Smith is among the first area firms to go business casual
every day. "We decided to allow our lawyers discretion based on
their client relationships," said Mr. Bernstein. "Again, it's
really about adapting to change in the world. And different dress is
the norm. Certainly in the Princeton area, 90 percent of the people
going to work are dressed casually."
Could a diversity
of dress result in a staggered playing field for lawyers within a firm,
causing the better dressed to appear the better motivated and thus the
better choice for promotion? Theoretically not. "We evaluate people
on a substantive basis," said Mr. Bernstein. "No one got anywhere
by the clothes they wear. We're leaving it up to people's discretion
because we trust and have confidence in the people we brought in. I
think Reed Smith is a little ahead in this."
At Mason Griffin,
where the firm has been observing dress-down Fridays for years, the
habit has long been established to keep a suit and dress shoes in the
office closet just in case. "Maybe I'm old-fashioned," said
Mr. Schmeirer, "but it gives the client a "certain comfort
level when they can say of their lawyer, 'they're a good representation
of me.' When they trot their lawyer out to negotiate open space or something,
they expect to see someone in a traditional, lawyer mode."
But Thomas Irwin,
a former Mason Griffin associate who now works as in-house counsel for
international management training consultants Kepner-Tregoe, said the
client comfort level has shifted. As a result, his company, which had
observed summer casual dress only, has gone casual year-round.
"I recently
visited Sun Microsystems in Boulder, Colorado," said Mr. Irwin.
"And a high-level, in-house counsel met us in jeans and a flannel
shirt. That's the environment they operate in. It's a recruiting advantage.
And in New York, firms are closing doors and merging because they can't
buy associates. I guess it's a good time to be coming out of law school."
Trishka Waterbury,
the newest recruit at Mason Griffin agrees, but doesn't consider herself
"bought." A lifelong resident of Princeton, she had no idea
she also would build her legal career in the same town, but is happy
with the way things turned out. To lure her onto the roster, Mason Griffin
needed no new tactics - just the same old community involvement that
has characterized the firm since its beginning.
"We're not
just in it for the money," Ms. Waterbury said. Encouraged by her
mentors, she now serves on the legislative committee of the Chamber
of Commerce of the Princeton Area, an assignment which already has given
her a deeper sense of rootedness. "I didn't know this was what
I was looking for until I found it," she said.