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6 - The changed world of large law firms and their lawyers: an opportune context for organizational researchers

Published online by Cambridge University Press:  02 December 2009

Peter D. Sherer
Affiliation:
Associate Professor of Human Resources and Organizational Dynamics, Haskayne School of Business, University of Calgary
Peter Cappelli
Affiliation:
University of Pennsylvania
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Summary

He had graduated from Harvard Law School in the early 1970s and had gone to the New York office of a large US law firm, where he had made it up to partner and stayed his entire career. Now he was thinking about retiring. In looking back, he didn't quite know what to think about the firm and how it had changed. Its sheer size, wealth, and geographical expanse had made it different from before even though it had grown gradually and maintained its standing among its rivals. Its lean hierarchy was something of the past as well. While once there had been just partners and associates on the “up to partner or out of the firm” system, now there were a variety of tiers of lawyers, who were managed differently and, as a result, felt differently about the firm. In addition, the firm had gone from developing its own talent with some exceptions to accepting the fact that it had to acquire partners laterally from other firms, a varied lot of real stars, ambitious types from lesser firms, specialists in hot areas, and others who turned out to be just hot air. The firm had varying degrees of success with these talent acquisitions.

The above partner is a microcosm of the changed world of large law firms and their lawyers in the past thirty years.

Type
Chapter
Information
Employment Relationships
New Models of White-Collar Work
, pp. 179 - 222
Publisher: Cambridge University Press
Print publication year: 2008

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References

Albert, S., and Whetten, D. A. (1985). Organizational identity. In Staw, B. M. and Cummings, L. L. (eds.), Research in Organizational Behavior, vol. VII (263–95). Greenwich, CT: JAI Press.Google Scholar
Angel, T. (2007). Your challenge: sustaining partnership in the 21st century: the global law firm experience. In Empson, L. (ed.), Managing the Modern Law Firm: New Challenges, New Perspectives (196–217). Oxford: Oxford University Press.Google Scholar
Ashkenas, R. N., DeMonaco, L. J., and Francis, S. C. (1998). Making the real deal: how GE integrates acquisitions. Harvard Business Review, 76(1), 5–15.Google ScholarPubMed
Asimow, M. (2001). Embodiment of evil: law firms in the movies. UCLA Law Review, 48, 1339–92.Google Scholar
Atkinson, J. (1987). Flexibility or fragmentation? The United Kingdom labour market in the eighties. Labour and Society, 12, 87–106.Google Scholar
Barley, S. R. (1990). Images of imaging: notes on doing longitudinal field work. Organization Science, 1, 220–47.CrossRefGoogle Scholar
Barney, J. (1986). Strategic factor markets: expectations, luck and business strategy. Management Science, 32, 1231–41.CrossRefGoogle Scholar
Baron, J. N., Burton, M. D., and Hannan, M. T. (1996). The road taken: origins and evolution of employment systems in emerging companies. Industrial and Corporate Change, 5(2), 239–75.CrossRefGoogle Scholar
Baron, J. N., Dobbin, F. R., and Jennings, D. P. (1986). War and peace: the evolution of modern personnel administration in US industry. American Journal of Sociology, 92, 350–83.CrossRefGoogle Scholar
Baron, J. N., and Hannan, M. T. (2002). Organizational blueprints for success in high-tech start-ups: lessons from the Stanford project on emerging companies. California Management Review, 44(3), 8–36.CrossRefGoogle Scholar
Bartunek, J. M., Rynes, S. L., and Ireland, R. D. (2006). What makes management research interesting, and why does it matter?Academy of Management Journal, 49, 9–15.CrossRefGoogle Scholar
Becker, B., and Gerhart, B. (1996). The impact of human resource management on organizational performance: progress and prospects. Academy of Management Journal, 39, 779–801.Google Scholar
Becker, G. (1975). Human Capital: A Theoretical and Empirical Analysis with Special Reference to Education (3rd edn.). Chicago: University of Chicago Press.Google Scholar
Belford, T. (2003). When law firms play musical chairs. The Globe and Mail, 23 December, B11.Google Scholar
Boeker, W. (1997). Executive migration and strategic change: the effect of top manager movement on product market entry. Administrative Science Quarterly, 42 (2), 213–36.CrossRefGoogle Scholar
Braverman, P. (2001). In motion: lateral moves by attorneys in top 200 US law firms. The American Lawyer, February, 88–90, 93.Google Scholar
Brill, S. (1989). The end of partnership. The American Lawyer, December, 3, 35.Google Scholar
Brill, S. (1990). The changing meaning of partnership. The American Lawyer, March, supplement.Google Scholar
Brill, S. (1996). Ruining the profession. The American Lawyer, July/August, 5–6.Google Scholar
Cappelli, P. (2000). A market-driven approach to retaining talent. Harvard Business Review, 78(1), 103–11.Google Scholar
Cappelli, P., and Sherer, P. D. (1990). Assessing workers' attitudes under a two-tier wage system. Industrial and Labor Relations Review, 43, 225–44.CrossRefGoogle Scholar
Caves, R. E., and Porter, M. E. (1977). From entry barriers to mobility barriers: conjectural decisions and contrived deterrence to new competition. Quarterly Journal of Economics, 91(2), 241–62.CrossRefGoogle Scholar
Chatman, J. A. (1991). Matching people and organizations: selection and socialization in public accounting firms. Administrative Science Quarterly, 36(3), 459–84.CrossRefGoogle Scholar
Cohen, W. M., and Levinthal, D A. (1990). Absorptive capacity: a new perspective on learning and innovation. Administrative Science Quarterly, 35(1), 128–52.CrossRefGoogle Scholar
Collins, J. C., and Porras, J. I. (1996). Building your company's vision. Harvard Business Review, 74(5), 65–77.Google Scholar
Cowan, A. L. (1992). The new letdown: making partner. New York Times, 1 April, D1, D8.Google Scholar
Dierickx, I., and Cool, K. (1989). Asset stock accumulation and sustainability of competitive advantage. Management Science, 35, 1504–13.CrossRefGoogle Scholar
DiMaggio, P. J., and Powell, W. W. (1983). The iron cage revisited: institutional isomorphism and collective rationality in organizational fields. American Sociological Review, 48, 147–60.CrossRefGoogle Scholar
Doeringer, P. B., and Piore, M. J. (1971). Internal Labor Markets and Manpower Analysis. Lexington, MA: D.C. Heath.Google Scholar
Dutton, J. E., and Dukerich, J. M. (1992). Keeping an eye on the mirror: image and identity in organizational adaptation. Academy of Management Journal, 34, 517–54.Google Scholar
Elsbach, K. E., and Kramer, R. M. (1996). Members' responses to organizational identity threats: encountering and countering the Business Week rankings. Administrative Science Quarterly, 41(3), 442–76.CrossRefGoogle Scholar
Empson, L. (2001). Fear of exploitation and fear of contamination: impediments to knowledge transfer in mergers between professional service firms. Human Relations, 54, 839–62.CrossRefGoogle Scholar
Eviatar, D. (2002). Toward higher ground: a recession doesn't halt lateral moves. It makes them imperative as partners seek safety in ever-larger firms. The American Lawyer, February, 92–5.Google Scholar
Fergus, J. (1990). Seasoned lateral hires still sought. National Law Journal, 24 September, 1, 36, 38.Google Scholar
Fleischer-Black, M. (2003). Musical chairs: lateral moves never go out of style, even in this tight economy, the pace continues. But some firms are finding that the more they lure, the hungrier they get. The American Lawyer, February, 62–5.Google Scholar
Frankel, A. (2006). Growing pains. The American Lawyer, May, 94–8.Google Scholar
Galanter, M., and Palay, T. (1991). Tournament of Lawyers: The Transformation of the Big Law Firm. Chicago: University of Chicago Press.Google Scholar
Gerson, B. (1984). Directory of the Legal Profession. New York: New York Law Publishing.Google Scholar
Gilson, R. J., and Mnookin, R. H. (1988). Coming of age in a corporate law firm: the economics of associate career patterns. Stanford Law Review, 41, 567–95.CrossRefGoogle Scholar
Glendon, M. A. (1994). A Nation under Lawyers. New York: Farrar, Straus, and Giroux.Google Scholar
Greenwood, R., Hinings, C. R., and Brown, J. (1994). Merging professional service firms. Organization Science, 5, 239–57.CrossRefGoogle Scholar
Hallman, B. (2006). Trophy lawyers. The American Lawyer, May, 118, 120, 121.Google Scholar
Haspelagh, P. C., and Jemison, D. B. (1991). Managing Acquisitions: Creating Corporate Value through Renewal. New York: Free Press.Google Scholar
Hillman, R. W. (1999). Hillman on Lawyer Mobility: The Law and Ethics of Partner Withdrawals and Law Firm Breakups (2nd edn.). New York: Aspen Law and Business.Google Scholar
Hitt, M.A, Bierman, L., Shimizu, H., and Kochhar, R. (2001). Direct and moderating effects of human capital on strategy and performance in professional service firms: a resource-based perspective. Academy of Management Journal, 44, 13–28.Google Scholar
Huselid, M. A. (1995). The impact of human resource management practices on turnover, productivity, and corporate financial performance. Academy of Management Journal, 38, 635–72.Google Scholar
Jacoby, S. (1985). Employing Bureaucracy: Managers, Unions, and the Transformation of Work in American Industry, 1900–1945. New York: Columbia University Press.Google Scholar
Kaplan, D. A. (1982). The rush to laterals: a fundamental change. National Law Journal, 4 October, 1, 24–6.Google Scholar
King, D. R., Dalton, D. R., Daily, C. M., and Covin, J. G. (2004). Meta-analysis of post-acquisition performance: indicators of unidentified moderators. Strategic Management Journal, 25, 187–200.CrossRefGoogle Scholar
Kolker, C. (2002). Lateral manners. The American Lawyer, October, 19.Google Scholar
Kolker, C. (2004). Running in place. The American Lawyer, March, 73–9.Google Scholar
Koppel, N. (2005). Hello, I must be leaving. The American Lawyer, February, 106–9, 134.Google Scholar
Kraatz, M. S., and Moore, J. H. (2002). Executive migration and institutional change. Academy of Management Journal, 45, 120–43.Google Scholar
Leblebici, H, Salancik, G., Copay, A., and King, T. (1991). Institutional change and the transformation of interorganizational fields: an organizational history of the US radio broadcasting industry. Administrative Science Quarterly, 36(3), 333–63.CrossRefGoogle Scholar
Lennon, R. (2001). Help not wanted. The American Lawyer, February, 91.Google Scholar
Lepak, D. P., and Snell, S. A. (1999). The human resource architecture: toward a theory of human capital allocation and development. Academy of Management Review, 24, 31–48.CrossRefGoogle Scholar
Lewin, T. (1987). Law firms add second tier. New York Times, 11 March, D1, D3.Google Scholar
Linowitz, S. M. (1994). The Betrayed Profession: Lawyering at the End of the Twentieth Century. New York: Scribner's.Google Scholar
Longstreth, A. (2006). How Skadden does it. The American Lawyer, May, 100–5.Google Scholar
MacDuffie, J. P. (1995). Human resource bundles and manufacturing performance: organizational logic and flexible production systems in the world auto industry. Industrial and Labor Relations Review, 48, 197–221.CrossRefGoogle Scholar
Nelson, R. L. (1988). Partner with Power: The Social Transformation of the Large Law Firm. Berkeley, CA: University of California Press.Google Scholar
Nelson, S. (1985). Skadden, Arps D.C. office just keeps growing. Legal Times, 17 June, 12.Google Scholar
Oliver, C. (1991). Strategic responses to institutional processes. Academy of Management Review, 16, 145–79.CrossRefGoogle Scholar
Pearce, J. L. (1993). Toward an organizational behavior of contract laborers: their psychological involvement and effects on co-workers. Academy of Management Journal, 36, 1082–96.CrossRefGoogle Scholar
Phillips, D. J. (2002). A genealogical approach to organizational life chances: the parent–progeny transfer among Silicon Valley law firms, 1946–1996. Administrative Science Quarterly, 47(3), 474–506.CrossRefGoogle Scholar
Podolny, J. M. (1993). A status-based model of market competition. American Journal of Sociology, 98, 829–72.CrossRefGoogle Scholar
Rao, H., and Drazin, R. (2002). Overcoming resource constraints on product innovation by recruiting talent from rivals: a study of the mutual fund industry, 1986–94. Academy of Management Journal, 45, 491–507.Google Scholar
Rhode, D. L. (2000). The profession and its discontent. Ohio State Law Journal, 61, 1335–9.Google Scholar
Rovit, S.Harding, D., and Lemire, C. (2004). A simple model M&A model for all seasons. Strategy and Leadership, 32, 18–24.CrossRefGoogle Scholar
Safire, W. (1997). On language: gimme the ol' white shoe. New York Times, 9 November, online version.
Schiltz, P. J. (1999). On being a happy, healthy, and unethical member of an unhappy, unhealthy, and unethical profession. Vanderbilt Law Review, 52, 871–951.Google Scholar
Shah, N. (2005). Change in institutions: the decline of the no-lateral-hiring norm among large law firms, 1974–1990. Paper presented at the Annual Meeting of the Academy of Management, Honolulu, 5–10 August.
Sherer, P. D. (1995). Leveraging human assets in law firms: human capital structures and organizational capabilities. Industrial and Labor Relations Review, 48, 671–91.CrossRefGoogle Scholar
Sherer, P. D. (1996). Toward an understanding of the variety in work arrangements: the organization and labor relationships framework. In Cooper, C. L. and Rousseau, D. M. (eds.), Trends in Organizational Behavior, vol. III (99–122). New York: John Wiley.Google Scholar
Sherer, P. D. (2003). The tensions between best practices and different-from competitor practices in strategic HRM: fusing institutional and resource-based theories. Paper presented at the Annual Meeting of the Academy of Management, Seattle, 1–6 August.
Sherer, P. D. (2004). Long waves of dominance: routines and path dependence in highly successful large law firms. Paper presented at the Clifford Chance Workshop on Professional Service Firms, Boston, 25–7 June.
Sherer, P. D. (2005). Acquisition capabilities in large law firms: gaining value through lateral partners. Paper presented at the Clifford Chance Professional Service Firm Conference, Oxford, 3–5 July.
Sherer, P. D. (2007). Your competitors: mapping the competitive space of large US law firms: a strategic group perspective. In Empson, L. (ed.), Managing the Modern Law Firm: New Challenges, New Perspectives (162–85), Oxford: Oxford University Press.Google Scholar
Sherer, P. D., and Leblebici, H. (2001). Bringing variety and change into the study of strategic human resource management. In Ferris, J (ed.), Research in Personnel and Human Resources Management, vol. XIX (199–230). Oxford: Elsevier Science.Google Scholar
Sherer, P. D., and Lee, K. M. (1992). Cores, peripheries, and more and less: mixes of labor relationships in firms. In Proceedings of the 1992 Industrial Relation Research Association 317–24 Madison, WI: Industrial Relations Research Association.Google Scholar
Sherer, P. D., and Lee, K. (2002). Institutional change in large law firms: a resource dependency and institutional perspective. Academy of Management Journal, 45, 102–19.Google Scholar
Sherer, P. D., Rogovsky, N., and Wright, N. (1998). What drives employment relationships in taxicab organizations? Linking agency to firm capabilities and strategic opportunities. Organization Science, 9, 34–48.CrossRefGoogle Scholar
Smigel, E. O. (1969). The Wall Street Lawyer: Professional Organizational Man?Bloomington, IN: Indiana University Press.Google Scholar
Starbuck, W. H. (1993). Keeping a butterfly and an elephant in a house of cards: the elements of exceptional success. Journal of Management Studies, 30, 885–921.CrossRefGoogle Scholar
Swaine, R. T. (1946). The Cravath Firm and Its Predecessors, 1819–1947, vol. I, The Predecessor Firms, 1819–1906. New York: Ad Press.Google Scholar
Swaine, R. T. (1948). The Cravath Firm and Its Predecessors, 1819–1947, vol. II, The Cravath Firm since 1906. New York: Ad Press.Google Scholar
Voorhees, M. (2004). Go fish: how aggressive lateral hiring, a democratic culture, and casting a wide net put Fish & Richardson on top of the IP defense rankings. The American Lawyer, June, 63–5.Google Scholar
Wagner, D. (1986). Variations on the ‘of-counsel’ theme. California Lawyer, July, 59, 60, 62, 64.Google Scholar
Webb, E. J., Campbell, D. T., Schwartz, R. D., and Sechrest, L. (1966). Unobtrusive Measures: Nonreactive Research in the Social Sciences. Chicago: Rand McNally.Google Scholar
Wernerfelt, B. (1984). A resource-based view of the firm. Strategic Management Journal, 5, 171–80.CrossRefGoogle Scholar
Whitfield, R. (1988). Lateral recruiting and the new economics. Chicago Daily Law Bulletin, 22 September, 2, 12.Google Scholar
Williamson, O. E. (1985). The Economic Institutions of Capitalism. New York: Free Press.Google Scholar
Zollo, M., and Singh, H. (2004). Deliberate learning in corporate acquisitions: post-acquisition strategies and integration capability in US bank mergers. Strategic Management Journal, 25, 1233–45.CrossRefGoogle Scholar

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