Can Law Firm Partners Sue the Firm for Employment Discrimination?
March 01, 2004
Part One of this article discussed why law firms are susceptible to discrimination suits by their partners ' especially large firms. It also covered the threshold requirements for law firm partners to do so. In Part Two, the authors examine case law on determining whether a partner is an "employee" and how a firm's size and type of ownership can affect a partner's ability to sue for employment discrimination.
The Seven Deadly (Ethical) Sins
March 01, 2004
Law schools teach students the principles of legal ethics. Bar examiners test prospective attorneys on the rules of professional responsibility. But new associates, especially at big firms, typically are clueless when it comes to the practical implications of ethics rules upon their day-to-day lives. It is incumbent upon law firms to teach new associates about these practical implications. In the first place, law firms owe it to recent hires to teach them to act ethically and responsibly in their professional dealings ' just like firms try to teach new lawyers to become proficient writers and researchers. Moreover, a firm that fails to indoctrinate new lawyers on ethics issues risks serious harm to reputation, loss of business, and lawsuits arising from conflicts of interest and other ethical improprieties.
Around the Firms
March 01, 2004
Movement among major law firms and corporations.
Assimilating Lawyers
March 01, 2004
w firms are growing again through laterals and associate hires, but many of the laterals are creating "pods" which bring unique processes for delivering legal services, to the detriment of using the best experience in the firm and superior client service. While this is happening, there are major changes coming to the profession that will challenge the ability of the lawyers to train and transform young lawyers into strong contributors to the clients and the firm. At the same time, client loyalty is decreasing. When Ralph Nader wrote his book, "Unsafe at Any Speed," GM responded with denial. Now, lawyers are in denial as we focus on the changes required in the profession to simultaneously increase profits, lower legal costs to clients, and improve the quality of service. This article is provided to help lawyers overcome the old culture hurdle and get to higher profits and stronger client loyalty.
In The Marketplace
March 01, 2004
Highlights of the latest equipment leasing news from around the country.
Rollout Strategies for Success
February 27, 2004
The challenges of successful software adoption within the law firm environment are daunting. Lawyers historically have lagged behind users in other industries in technology uptake. They have little non-billable time they can devote to learning the nuances of a new software package or attending extended training classes. And unless the benefits of the system are obvious at the onset, they have little inclination to make the time. Everyone knows that enterprise technology is of no use unless it's adopted successfully by the organization, yet internal marketing of new and existing systems is shockingly low. Indeed, the need to formulate a proactive internal marketing strategy within the firm is of fundamental importance when rolling out enterprise software. Law firms have not always done this successfully. This article examines the critical elements of a successful internal marketing strategy and how one firm, Brown McCarroll, used many of these techniques to achieve firm-wide acceptance of its CRM solution.
Bits & Bytes
February 27, 2004
News and developments in legal tech.
The Evolution of a Lease Provision: Sublease and Assignment
February 09, 2004
In the absence of a lease provision restricting subleasing and assignment, common law permits a tenant to freely sublease its leased premises or assign its leasehold interest in the leased premises. In order to provide for maximum landlord control over a tenant's ability to sublease or assign its leasehold interest, while at the same time balancing the need of tenants for an exit strategy, modern forms of leases contain extensive assignment and sublease provisions. This article traces the manner in which those provisions have evolved over the years.
Can Law Firm Partners Sue for Employment Discrimination?
February 01, 2004
Traditionally, law firms were organized as "true partnerships" in which each partner had a substantial voice in firm affairs and could be subjected to unlimited liability for the debts of the firm. As high-profile cases have highlighted the risks of such a structure, however, many firms have abandoned the classic form and adopted "hybrid" business models such as professional corporations, limited liability companies and limited liability partnerships. Such consolidation of control comes at a cost, however. By configuring themselves as "de facto corporations" - placing substantial control in the hands of a few and subjecting the remaining partners to the decisions of those in power - firms may expose themselves to employment discrimination suits brought by their own partners.
