New York Lawyer
May 21, 2002

Q:
I'm only a second year associate -- looking to work with a large or mid-size firm. Experience suggests that I am a natural rainmaker: I understand a certain kind of clientele very well, and I brought in over $100,000 as a first-year associate, with considerably more in the pipeline). My clientele requires the services of a large to mid-size firm, but junior associates are not hired for purposes of business development. How do I present my rainmaking ability and future marketing plans to potential employers?

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A:
You do it very carefully -- so as not to appear arrogant, self-aggrandizing or overzealous. Law firms are in business to generate revenue, so you would think your rainmaking aptitude would make you a hot ticket -- and it may. On the other hand, large firms have a relatively lock-step view of associate development and advancement and often don't have the flexibility to create a unique role or compensation plan. Even if they could, they might not want to, fearing charges of favoritism from other associates at your general experience level. This bind is jocularly known as "the age and stage problem," and it bedevils any lawyer in a conventional environment who has attributes and aptitudes that distinguish him for his/her peers. Mid-size firms and boutiques may be a little less rigid about this "stay with your class" approach to career development and compensation.

Still, smart firms in today's competitive marketplace know how essential it is to create powerful financial incentives for high achievers, and if others' noses get bent out of joint (even some partners) � well, tough. Of course, a practical problem for younger associates, even if they want to market themselves and their firm actively, is how to find the time to do so. That "suggestion" of 2,200-2,400 billable hours per year doesn't leave a ton of time for rainmaking, unless you do it from 3:00-5:00 AM.

Your negotiating tactics should include: 1) indicating that client development is a fundamental career interest and "driver" for you, now and later on; 2) making a solid financial case that the business you brought in during your first year was not a fluke but represents both a stable "portable" and a reliable prototype for still more marketing potential to similar clients; 3) emphasizing that client relations is just as attractive to you as client development; and 4) stating that you are comfortable having your compensation skewed to performance bonuses based on business development, as opposed to the largest possible base salary.

In short, you must flag your marketing interests and aptitudes as both exceptional and highly motivated -- factors that should be built strongly into your career path. Then, gently, challenge the firm to hire you, using the "stroke me if I win, poke me if I fail" principle. This will require calm confidence. But so does effective marketing. Sounds like it shouldn't be a problem.

Sincerely,
Douglas B. Richardson
President, The Richardson Group