Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Prospective Partners Ask Small and Midsized Firms Tough Questions About Succession

By David E. Wood
May 01, 2024

In the past, when up-and-coming young lawyers and lateral candidates were invited or recruited to join a law partnership, they often gave little thought to whether the required capital contribution was a good investment. Partners made a lot of money. The rising stars wanted in. Most of the time they assumed that accepting responsibility for the firm's debts, obligations, and liabilities — even signing personal guarantees — would be a good idea.

Today, at most big firms, these assumptions are likely correct. But at small and midsized law firms, this is not always the case. Senior associates, non-equity partners and lateral candidates are well aware of the spectacular implosions of storied firms, and the disasters that followed for their capital partners (including, even at large firms, clawbacks by bankruptcy trustees from partners who had resigned years before). Many want to know whether the firm is well-positioned financially to grow and prosper when the current generation of senior partners retires. To get the information they need to value an investment in the firm, they turn to its finance professional (such as its CFO, Controller, or other financial manager).

Three Questions a Firm's Chief Finance Professional Should Expect from Prospective Partners

A law firm's chief finance professional is its repository of all things financial. This executive should be ready to answer three important due diligence questions from prospective new partners about succession:

  1. Does the firm regulate the timing and terms of partner retirement?
  2. Will senior partners be required to transition their clients to other members of the firm before retiring?
  3. By the time senior partners retire, will the firm have a full complement of younger partners ready to replace the revenue the older lawyers generate now?

These are "canary in the coalmine" questions. If the finance chief cannot produce satisfactory responses, it may be time to tell firm management that inadequate succession planning is inhibiting the firm's ability to attract new partners — and therefore inhibiting growth.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers Image

In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.

Fresh Filings Image

Notable recent court filings in entertainment law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.