Originally published on November 23, 2009 in our free BigLaw newsletter.
Jeremy, a mid-level associate at a large New York law firm (Firm A), thought he had a bad cold. One night while toiling on a brief due in a week, his condition worsened. "I couldn't breathe, and I thought I was going to pass out." He called the partner, notorious for working her teams hard even in the absence of deadlines, and told her he was seriously ill, and that he thought it best to leave. She told him to "tough it out," and stay to finish the brief. Jeremy stayed all night and left the office the next morning. On his way home, he fainted on the train.
Jeremy's wife picked him up and drove him to the hospital, where he was diagnosed with acute pneumonia and dehydration. When he called the firm to tell them what had happened, they sent him a copy of the file and told him to get back to work on the brief upon discharge.
The incident upset Jeremy so much that he found a position at another law firm (which was, at the time, still possible). "I couldn't believe how inhumane they were at Firm A," he recalls bitterly. "They treated me — and all of the associates — like we were disposable. If I had succumbed at my desk, I'm pretty sure they would have kicked my body out of the way and installed someone else to finish that brief."
Jeremy's landed at another large law firm (Firm B) where he "probably billed as many hours" as he had when he was at "Firm A." But, he says, "I loved it there. I had a great experience, and even though my billables were about the same — pretty high — my quality of life was exponentially better."
The Differences Between Firm A and Firm B …
Jeremy's experience raises several questions, which are particularly topical given the heavy toll that law firms have suffered in the era of economic decline. What was the difference between the two firms, and why was one demanding experience so much more palatable than the other? Given that law firms are business ventures above all else, is it possible for them to maintain profitability and to foster a humane work environment? Will "quality of life" end up as another casualty of the financial collapse?
Despite his unfortunate experience at "Firm A," Jeremy believes that the pressure to produce need not render associate life unbearable. The solutions, he says, are relatively simple.
"At Firm A, it was not acceptable to go home, even if you didn't have work. So everyone stuck around for hours, waiting to see if they could get an hour of work here and there." At Firm B, however, attorneys could leave at, or at least near, the end of the business day. "Working remotely was totally acceptable, so no one felt guilty about it," explains Jeremy. "You could go home, have dinner, see your family, and then get a few more hours of work done. It made an incredible difference."
Project management also differed markedly. Firm A created an environment in which associates competed indiscriminately for work, no matter what it was. "Whether you were a first year or an eighth year, you were expected to review documents if you could get a few more hours out of it. There was no attention to capability, class year, or developing expertise," he says. By contrast, Firm B made an effort to match associates to assignments, and, by removing the pressure to "maintain a presence in the office, even if you weren't busy," eliminated the desperation underlying the dynamic that existed at Firm A.
But, Jeremy insists, the biggest difference between the two — and what he considers the most important aspect of Firm B's approach — is "that Firm B gave associates a sense of control. Even though we billed a lot of hours, we had more control over when and where we could get work done."
"Having even a modicum of control over your schedule translates to an immeasurably better quality of life," Jeremy says. "Even a big workload doesn't feel as overwhelming. You feel better, more balanced. You feel like you can take care of personal needs and family priorities without being penalized with disapproval. At the end of the day, I was happy to stay up late and put in extra hours for a firm that understood that I had a life outside of work."
But, Jeremy wonders, will the economic pressure faced by law firms today, combined with a particularly desperate workforce, lead to more "Firm A"-type work environments? "I hope not," he says. "Firms need to look at the big picture. Firm A had a ridiculously high defection rate, whereas Firm B fostered incredible loyalty. In the long run, that loyalty has real value."
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