Navigating Big Law's Complicated Power Structure



Fulton County Daily Report
November 20, 2009
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Big Law is governed by many unspoken social rules. The line between acceptable and unacceptable behavior often depends on where you fall in the Big Law Hierarchy.

Before the angry e-mails start, my discussion of the social stratification system at Big Law and its various rules should not necessarily be seen as an endorsement -- I am just calling it like I see it.

The most basic classes in the hierarchy, in order of least social restrictions on behavior to greatest social restrictions, are Partners, Associates and Staff. I am no anthropologist, so I cannot claim to know the true origins of the various caste systems in play at Big Law, but they are generally based on seniority and how much money you make for the firm. There also are a variety of subgroups and levels within each class.

To name a few:

• Power Partners -- Equity Partners who actually bring in the big bucks to the Firm even in times of economic trouble;

• PINOs (Partners in Name Only) -- Non-equity partners who rely on Power Partners for work and whose authority to make firm-related decisions is limited to ordering ball-point pens and legal pads;

• Fifth-Year Seniors -- Senior Associates who have been repeatedly passed over for partner, will never make partner and just lurk around campus tormenting the underclassmen;

• Newbies -- Junior associates in their first or second year of practice who are clueless, overpaid and stressed out because they know they are clueless and overpaid and high on the list of layoffs, but have no control over these facts;

• Super Staff -- administrative non-attorney staff who have been with the Firm since its inception in 1886 and who have more authority than PINOs;

• Temps -- temporary workers (including attorneys) hired by the Firm to help patch holes from layoffs or assist with short term work without the firm having to add to the payrolls and insurance plans.

In addition to the various groups and subgroups, the informal and unspoken rules also evolve and shift depending upon a variety of other complex factors including the social climate, economy, time of year, time of day, and gender, age and geographic location of the person at issue. There are too many to name or discuss, but I will provide a few hypothetical questions and answers and hope that this guidance will suffice to prevent you from inadvertently violating these and similar little social nuances.

As you will see, the answer to simple social questions is quite complex.

Is it acceptable to walk into an attorney's office unannounced, sit down in their guest chair and start talking at them even though they are clearly working on something and/or on the phone?

Yes -- but only if the interrupted attorney is a Newbie or Temp and the person doing the interrupting is a Fifth-Year Senior, PINO or Power Partner. Also, Fifth-Year Seniors can be interrupted by PINOs and Power Partners, and PINOs can be interrupted by Power Partners.

Never -- if the attorney being interrupted is a Power Partner -- regardless of the person doing the interrupting.

Granted, this is rude no matter who does it, but the question posed it whether it is socially acceptable within the Big Law social structure.

Is it acceptable to walk up to a Staff member's cubicle and start barking instructions at them without regard to whether they are presently engaged in other work activity?

Yes -- provided that the interrupter is a Partner and the interrupted work being performed by the staff member is not for a Power Partner.

No -- if the interrupter is a PINO and the staff member is Super Staff. Only Power Partners can mess with Super Staff.

Point of clarification -- "barking" orders and invading personal workspace may be marginally acceptable in limited circumstances, but beware of the repercussions of such thoughtless acts.

When traveling for work, is it acceptable to order a room service meal of blackened Mahi Mahi and a side of steamed veggies for $45 and charge it to the firm? Plus a $5 bottle of Fiji water and some of those shiny almonds that come in a can for $8?

Yes -- If the firm can bill a client for it or if the person ordering is a Power Partner traveling to get more work for the firm.

No -- if the client refuses to pay for room service even if their restrictions on travel make it impossible to eat and still do the work required. Also no if the traveler is a law student in town to interview with the firm. Not OK these days.

This answer may vary depending on the economic climate.

Is it acceptable to change into your tennis clothes in your office and then walk out in white shorts and a white headband with your racket bag to catch an elevator at 5 p.m. so you can be on time for your 6.p.m. doubles match at the Club?

Yes -- if you are a Power Partner.

No -- if you are anyone else.

Is it OK to ask staff to leave the office to retrieve meals for your consumption at your desk?

Yes -- if you are a Partner and the staff member is not Super Staff.

No -- if you are a Newbie or Fifth-Year Senior. Unless you are assisting a Power Partner on a matter that requires you both to work through lunch and the staff member asks you for your order as well.

I know -- it is complicated. A good rule of thumb is that Power Partners can do whatever they want. The rest of us just need to pay attention and follow the example of those who have survived and are upwardly mobile. So before you start blaring Pandora from your speakers or bring your kids into the office to hawk cookies -- look around.

Also, do your best to get friendly with Super Staff. They can not only tip you off to the rules -- they just might save you if you break one.

Do you have dirt to dish? Do you have a column idea? Or do you just need to vent in six-minute increments? E-mail the Snark at snarkatlanta@yahoo.com.




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