Stable, transparent, not very complicated, reasonably profitable, and often quite collegial. It also has flaws.


As noted in Part I (330) of this “learning about law firms” series, it’s taken nearly two decades in the trenches, including many years doing applied work with law firms, for a very confusing and counterintuitive insight to come into focus:  Most large firms are not “firms” in the sense of conventional business theory.  Instead, they are a confederation of individual partners building and running leveraged practices in various complementary and adjacent legal specialties.

In today’s essay (Part II), I’ll add a second counterintuitive insight:  For the most part, lawyers pay little or no financial price for organizing themselves as a confederation rather than a firm.  Even in the event of spectacular collapse, as was the case with Dewey, Brobeck, Heller, Howrey, Thelen, and many other large firms, see ALM Staff, “30 Years of Law Firm Collapses: An Annotated Timeline,” Law.com, Oct 29, 2019, there’s always a large cadre of competitor firms looking to give the partners (and their fee-generating practices) a new home.  In most cases, what provides financial security and certainty to an equity partner is seldom the quality of firm-level strategy, or the ability of firm leadership to execute, but instead the health and vitality of their own practice.

This is what distinguishes law firms from conventional businesses. Like Legos blocks, individual law practices can be removed from one law firm and snapped onto another. 
Continue Reading Learning about law firms, Part II: Why confederation is our default model (332)


Some of the deepest thinkers on the topic think the answer is yes.


Innovation in the legal sector is primarily carrot driven—those who do it well enjoy greater commercial success.  But would the sector be better off if we went to the trouble of adding a stick (an ethical duty to innovate) to sanction those who fall too far behind?

I asked this question to three thought leaders who work at the forefront of the legal innovation space — Cat Moon, Ed Walters, and Bob Ambrogi — and somewhat surprisingly, all three say yes, offering rationales that are both passionate and persuasive.
Continue Reading Q: Is proposing an ethical duty for legal innovation worth the effort? (328)

“You’ve got your work cut out for you” by Hans-Peter Gauster on Unsplash

“There are only two ways for a manager to improve the output of an employee: motivation and training.”

— Ben Horowitz, The Hard Thing About Hard Things (2014) at 110.

Several years ago, I had the good fortune of having dinner with David Burgess, the Publishing Director of The Legal 500, a global research company that compiles detailed rankings of law firms based on jurisdiction and practice area.
Continue Reading Lawyers and teamwork, Part I: Motivation (188)


“I make innovation less risky and more accessible to the many brilliant lawyers in our firm.” — Anusia Gillespie


I am pleased to introduce today’s guest contributor, Anusia Gillespie, who currently serves as Director of Innovation at Eversheds Sutherland (US).  As demonstrated in Post 128, Gillespie has the full innovator’s tool box:  multiple perspectives (law, design, business operations, technology, and strategy), systems thinking, intellectual courage, astute observation, and the patience and confidence to learn through controlled trial and error.
Continue Reading Guest contributor Anusia Gillespie (127)


Culture. Character. Practices. Systems.


When it comes to empirical research on lawyers, we’re all lightweights compared to Randall Kiser.  Over the last decade, Kiser has authored books on lawyer decision making in the context of litigation, Beyond Right and Wrong (2010), the mindset and work habits of trial lawyers who consistently outperform their peers, How Leading Lawyers Think (2011), and an empirically grounded analysis of the skills and behaviors needed to build a successful legal career, Soft Skills for the Effective Lawyer (2017).
Continue Reading American Law Firms in Transition: Trends, Threats, and Strategies (book review) (110)