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AROUND THE FIRMS

BY ALM Staff
October 02, 2003

In the Face of Economic Hardship, Bay Area Partner Classes Fluctuate. Although the faltering economy has been taking its toll on partner classes at many of the San Francisco Bay firms for 2002-2003, some were nonetheless able to award partner status to litigators. The majority of firms polled by The Recorder, an affiliate of this publication, either increased their class size or stayed the same. Most of the firms' elevations were in the areas of business and litigation. The extremes were Morrison & Foerster (MoFo) and Sonsini Goodrich & Rosati, which significantly cut and increased their class, respectively. Keith Wetmore, chairman of MoFo, explains that the cutting was due to the current slow growth of the practice. Law firm consultant Peter Zeughauser says that when faced with slumping revenue, law firms are less likely to increase the number of partners. He says that although at first the Bay Area had progressive entry standards, this changed when the technical economy spiraled downward. Since fewer associates are rising to partner, there has either been a steadiness or an increase in the number of lateral partners employed. Wetmore thinks more laterals will join MoFo this year, some of them possibly being refugees from Brobeck, Phleger & Harrison. He also anticipates taking in laterals who are disturbed with those firms that are striving to gain from the high-tech explosion. Wilson Sonsini might be headed in another direction where partners are concerned: Though only five partners were made last year, this year 13 associates have been raised; the firm is close to its 2001 levels.

In accordance with the smaller firms of the area remaining consistent since 2002, the 140-lawyer Howard, Rice, Nemerovski, Canady, Falk & Rabkin has managed to steadily raise two to four associates; Nemerovski Canady also has brought in approximately the same number of laterals in that time period. Managing partner Stuart Lipton explained that the firm does not place importance on short-term economics. Cooley Godward's chief operating officer, March Pitchford, says that although there are many factors that come into play when making new partners, economic conditions are crucial. Important skills are productivity, client treatment and holding, and a proven competence in originating new ventures. However, Pitchford acknowledged that external factors must be reckoned.

At Heller Ehrman White & McAuliffe, where eight were raised to partner, profits per partner increase from $645,000 in 2001 to $710,000 last year. The firm holds strategic planning meetings at which the partners try to forecast the growth pattern of each year; then the attorneys can be moved up accordingly. Firmwide managing partner Robert Hubbell emphasizes that the firm needs to grow in order to achieve its yearly goal of increasing outcome per partner.

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