By: David B. Sarnoff, Esq., With Natalie Loeb, Gordon Loeb & David Robert
Editorial Note: We changed the names of those interviewed for this article to maintain their anonymity.
When I was a junior associate in the mid-1990s, partners and associates were able to connect over common life experiences, in how we grew up and began our careers. Even though many of the partners were more than 20 years my senior, we were all raised before the internet and cell phones, we were content with seven channels on television, we went to the movies and rode our bikes to the park. Despite the technology advancements in the 90s, many functions at our firm were still being done manually or with limited automation. I recall bates stamping documents by hand and researching caselaw in a physical library with the help of books (gasp!), digests, reporters and supplements.1
Over twenty years later, law firm life has changed dramatically. We often hear from our leadership training clients about the generational disconnect between junior associates and partners, creating challenges to a productive workplace culture. The common threads in these stories include a lack of mutual understanding of each other’s needs, how others communicate, give and receive feedback and collaborate. This may be the result of having fewer common life experiences than with the previous generation.
I spoke at length with an attorney, Michael, who has practiced law for over twenty-five years and was a partner at an AmLaw 100 firm. He recalled the excitement he felt after graduating from a prestigious law school and starting his career at a large New York firm. From the first day on the job, he felt a deep sense of commitment to the firm and aspired to be a partner. He doesn’t see the same commitment from the new generation of associates.
Michael discussed how when he was a junior associate the practice of law involved more human interaction, collaboration and mentoring. With respect to the law firm library culture, he said, “I would analogize it to the college experience. At the law library, there were always a group of young associates talking to one another at the reference desk or at each other’s table.” Practicing law was a social activity. “I think it built some esprit de corps,” Michael added, and would lead to establishing relationships outside of work.
Document reviews, or due diligence trips, presented additional opportunities for attorneys to strengthen their bond. During the early part of Michael’s career, he would frequently join junior and senior attorneys to off-site trips to review thousands of pages of documents that were stored in a warehouse. The document review in many respects was an opportunity to essentially live together in the same hotel, eat together at the same restaurants and engage in informal chit-chat that increased the degree of awareness and collaboration across the team. Although the document reviews could slip into the mundane, Michael appreciated the opportunity to connect with his peers. “Document review trips felt like being in the trenches,” he recalled. “You got to know people better and there was that sense of shared experiences.”
With the technological explosion in law over the past decade in e-discovery and artificial intelligence, there are fewer of these extended document review trips. “The law library has been rendered almost extinct,” Michael shared, underscoring the sentiment of many of his contemporaries. Millions of documents are now streamed through servers to an attorney’s desk and, in many ways, law can be practiced without ever leaving one’s office. That’s certainly inconsistent with how Michael was trained. “The practice of law has become a lonely experience,” Michael said. “I can go days without seeing an associate.”
Shawn, another seasoned partner I spoke with, shares some of Michael’s perspective. He sees erosion in the sense of urgency among junior associates, partly due to the changing dynamic between partners and associates. “Small firms are trying to take my clients and big firms are trying to take my clients,” Shawn said. “It is so hard to bring in business but so easy to lose a client when mistakes are made, or a client feels disrespected.”
Shawn sees a lack of understanding across the associate ranks of the practice of building and retaining strong client relationships. Practicing law isn’t always glamorous. The small transactional tasks can be just as important as the richer assignments, but associates don’t always share that same perspective. “When I give assignments, I’m occasionally greeted with an eye roll,” he shared. “Associates need to understand that each assignment, no matter how mundane, is critical to solidifying the firm/client relationship which helps grow more business and profitability.”
“I am still waiting to get a junior me as an associate,” Michael said, although he knows that is unlikely given the generational divide.
Not all partners see these emerging challenges as directly related to a generational gap. “I have never had to deal with so many spread sheets and reports,” said Cathryn, a partner who has been practicing law since the early 1990s. She points to a shift within her firm toward hyper examination of compensation, expenses, and investments. She describes the shift as the legal profession morphing into the legal business. She doesn’t think the generational gap is contributing to the firm’s challenges to the degree that others may assert. “The quality of the associates hasn’t changed in 15 years,” she said.
When reflecting on firm culture today, Cathryn offered some advice to both associates and partners. She advised associates to “align yourself with good lawyers and people who can give good guidance. Learn from firm leaders.” As for firm leadership, “if you want top talent, then understand top talent doesn’t want to work 24/7. Firms need to offer professional development so associates feel valued.”
Kim, an HR Director with many years of big law experience, couldn’t agree more. “A lot of things get blamed on the Millennial generation simply because they are young,” she said. “There is a lot of ageism against the younger associates.” And Kim doesn’t hold back on why there might be challenges between partners and associates. “Millennials are less likely to take crap and they will express themselves. That is not something that generally happened 20 years ago.” Kim’s perspective hits a chord with many of the recruiters I spoke to as well. “Millennials demand more and if they are not heard they will move,” Kim said. “Because there is such a negative stereotype around Millennials, firms aren’t listening to what associates are saying and are dismissing their concerns.”
Michael supports Kim’s call for action. “Leaders need to be responsive to needs and desires,” he said. “Young lawyers may want a lot of different things and that doesn’t make them bad or ineffective people.” Michael encourages partners to recognize that the conventional model has changed, and that firms can be trailblazers on Millennial engagement only if they are willing to change. But he knows that change at a typical law firm moves at a glacial pace. “Firms need to cultivate their second- and third-year associates,” Michael added.
Associates clearly offer a differing perspective on law firm life. “We work hard, bill big hours and make sacrifices to perform at a high level,” said Jennifer, an associate at a large firm. “No matter how much a firm will promote long-term growth opportunities and the chance to make partner, we obviously see that only a small number make it every year.” Jennifer shared many stories about the pressures of the associate role and why she feels somewhat cynical. “It’s just not an honest conversation and that is why some associates don’t aspire to partnership because they believe firms are not dedicated to their development as an attorney or leader.”
Other associates shared Jennifer’s perspective, particularly as it relates to partner expectations. “We are placed in a difficult situation where we are told we don’t take initiative and simply wait to be given instructions,” Jennifer adds. “However, we are not permitted to act alone, and I can’t contact a client directly without running it through a senior associate or partner.”
Carla, a partner at a different firm, added yet another perspective on the changing times within the legal field. She said that while there still needs to be improvement in women leadership and partner development, it is much better than when she was coming up the ranks nearly thirty years ago. She describes the reaction from her firm leadership when she told the partners she was pregnant. “I felt as if I had to apologize, because some partners viewed it as a lack of seriousness in working toward partnership.”
It’s safe to state that the practice of law is being disrupted at a rapid pace. Clients are commoditizing services, competition to retain clients and talent is fierce, and there’s an awakening spreading across the industry to the acceptance that a firm’s legal expertise may not be enough. Perhaps the caliber and effectiveness of the internal relationships, particularly between partners and associates, may be the necessary focus for long-term firm success.
“Rather than focus on what separates us, maybe this is the right time to start a conversation about what unites us,” said David Robert, Chief Strategy Officer at Loeb Leadership Development Group. “People gravitate to the legal profession for a compelling reason. We may find that partners and associates have more in common than we think. Let’s start there.”
A mid-level associate, Stephanie, suggests some examples that could begin to build a bridge. “As a young associate, I feel that partners often underestimate the value of our presence during court proceedings, depositions, or any instances of client interaction. Even if we’re simply there to silently shadow, the opportunity alone allows us to absorb skills and techniques that we’re not exposed to through document review or legal research.” She continues, “the ability to shake hands and introduce ourselves to clients allows us to begin establishing relationships that will ideally strengthen the clients’ connection to the firm.”
Additionally, Stephanie offers other opportunities to connect, including, “professional development seminars, particularly “lunch and learn” discussions, with partners, are incredibly beneficial. Law school courses don’t address the true nuts and bolts of the industry or impart expertise that can only be gained through experience. The sheer wealth of knowledge and experience that partners possess, position them to be the ultimate educators for the next generation of lawyers,” she concluded.
Natalie Loeb, Founder and CEO of Loeb Leadership Development Group, sums it up this way, “approach your work with your colleagues, teammates, bosses, clients and direct reports with a sense of curiosity, a dose of empathy and a willingness to have a two-way discussion... and close the gap.”
INFORMATION ON THE AUTHORS:
DAVID B. SARNOFF, ESQ., is Director of Strategic Partnerships of Loeb Leadership and an Executive Coach. email@example.com, 866-987-4111.
NATALIE LOEB is Founder and CEO of Loeb Leadership and a Leadership Coach. firstname.lastname@example.org, 866-987-4111.
GORDON LOEB is COO of Loeb Leadership and an Executive Coach. email@example.com, 866-987-4111.
DAVID ROBERT is Chief Strategy Officer of Loeb Leadership. firstname.lastname@example.org, 866-987-4111.