New York Lawyer
November 15, 2001

Q:
I am a third year law student who is fortunate enough to have a job with a major NYC firm waiting for me when I graduate. As an older student with over a decade of work experience behind me, I have made a number of contacts in the business world.

A former employer has asked me about the possibility of hiring my future firm as outside counsel. Since I believe it would be a good match, and the law firm�s partners are interested, I am in the process of selling my new firm to my former employer. So far so good.

Here�s the question: should I be looking for any additional compensation from my future law firm for bringing in new business? My gut says that since I�m so new (and not even an attorney yet), it would be make a better impression if I didn�t ask for anything, showing myself to be a good team player and potential rainmaker (much needed job insurance in these dire economic times). But should I ask for some kind of compensation for any additional clients I bring in?

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A:
Most firms have policies about how much they pay associates for the business they bring in (usually some percentage of the profit). If you are bringing a solid client to your firm -- and by the way, that's a pretty spectacular entrance into a law firm -- I think it's fine to inquire about what the firm's policy is for associates who bring in business. That way you're not exactly asking for more money, just inquiring what the established policy is, which presumably would apply to you as much as to anyone.

�A number of firms give non-partners a percentage on all business they bring in that is actually billed and collected,� observes Bruce D. Greenberg, a partner with Lite DePalma Greenberg & Rivas in Newark. �Others have a rather more amorphous policy of factoring in business generation when it comes time to give raises or bonuses. Prospective hires should find out if the firm has a policy about compensating associates for business generated, and see how it plays out from there.� But that�s not the end of it, cautions Greenberg. It could turn out that the firms� attorneys wind up with a good relationship with the client you�ve brought, and they hang on to the client even if you leave. �So you should try to arrange to get something out of that business at the time that it is billed and collected,� advises Greenberg.

If you ask and it turns out they don't have a policy, it's a little trickier. I understand your gut feeling that, since you haven't even started, it seems a little cheeky to ask for more money. On the other hand, the name of the game in the law is business development. If you are connected enough to be bringing in business right off the bat, the firm will eventually have to take notice and compensate you appropriately. If the firm won't do anything for you that gives you that assurance, and if you really have good contacts, you should consider going elsewhere.

Sincerely,
Holly English
Principal Consultant, Values at Work