New Partners Are Worried About Mental Health and a Looming Recession
The annual New Partners Survey finds many feel their firms aren't prepared for a recession. "I'm concerned that we will have over-hired by the time the recession hits," one partner said.
November 25, 2019 at 05:00 AM
6 minute read
Newly minted partners offered up some usual complaints on this year's New Partners Survey, lamenting unexpectedly low compensation, opaque performance metrics and copious administrative work. But new anxieties have arisen among Big Law's latest partner class, including the threat of a recession and growing concerns about mental health.
For the first time, our survey , done in conjunction with ALM Intelligence, included two questions focused on mental health. Many survey respondents—lawyers who made partner between 2016 and 2019—reported feeling burnt out. When asked how mental health can be improved in the legal profession, several new partners took aim at the billable hour.
"Lower billable hour requirements (or offer some billable credit for certain nonbillable endeavors)," a nonequity partner in Kansas City, Missouri, recommended.
Melissa Geller, who made partner at Duane Morris in January, says burnout is a huge issue across the industry, one that is aggravated by the billable hour. An eight-hour day of billables actually requires at least a 10-hour work day, when accounting for administrative work, nonbillable emails and lunch. Geller finds herself answering emails when she's out of the office, and she feels burnt out every few years.
"I remember answering emails at the top of a mountain in Yellowstone," Geller says.
But to Geller, it comes with the job, and she has no problem working the amount she does. Two months ago, a gym opened up in her building in Newark, New Jersey, and she's been finding half an hour each day to steal away and clear her mind. Having on-site, available resources like a gym is one of the best remedies for attorneys who want to control their stress while at work, she says.
"I go grab my gym bag on top of my cabinet and run for half an hour," she says. "Having that has made such a difference in my life in the past two months it has been open. I just can't quantify that."
Sabbaticals and vacation were commonly proposed solutions for lawyers feeling stressed—with the caveat that they should be mandatory.
"Either mandatory vacation/down time—true down time—or mandatory health/wellness checks," a New York-based corporate partner suggested. "Something more than the current compulsory system."
Mandatory vacation is a "wonderful idea" to Patrick Krill, founder of Krill Strategies, a behavioral health consulting firm focused on the legal industry. Lawyers often forgo vacations because of the commodification of their time through the billable hour and the fear that colleagues will think they aren't working hard enough—that they're not "all in," Krill says.
"If there was mandatory vacation and it was enforced in a uniform way that created a level playing field where people have to take time off," he says, "then it would be less stigmatized and people wouldn't be afraid of looking less committed."
New partners frequently targeted law firm culture and the stigmatization of seeking mental health resources in their responses to the survey. When asked if they would reach out to their firms if they needed help with a mental health issue, 41% of respondents said no. Of that figure, 6% said the reason was that their firm doesn't offer any mental health services, and 35% said they would be too concerned about their firm's response.
"Provide training sessions that focus on eliminating the stigma around mental health issues in lawyers," an IP partner in Los Angeles recommended.
"Offer more case studies on how firms can be helpful, since it is hard for folks in need of help to imagine anything but negative consequences," a litigation partner in New York said.
Worries about an economic slowdown have also seeped into the survey responses. And law firms seem to be on the same page: McDermott Will & Emery; Morgan, Lewis & Bockius; and Mayer Brown have all bolstered their bankruptcy practices in advance of a possible recession.
Asked if anything worries them about their firm or practice, many new partners expressed concern that their firms aren't prepared for a downturn.
"I'm concerned that we will have over-hired by the time the recession hits," one partner in Atlanta said.
While recession worries are new, the most common complaint again centered on compensation and a greater administrative burden. Just 60% of respondents said they are very satisfied or satisfied with their compensation. Whether because of taxes or capital contributions, many find their new partner income disappointing. A few partners even said that they make less than they did as senior associates.
"It has caused financial difficulty for me because I have a young family," a Miami-based insurance partner said of the pay cut. "And, while my salary has technically increased, I only receive a large portion of that money if the firm is profitable. It seems unlikely those payments will be made this year. I am constantly stressed about money, and I feel like a failure."
Many new partners simply want to know how their compensation is calculated, lamenting a lack of transparency in the overall partnership process. More than 58% said they lack clear and measurable performance objectives.
When asked what their biggest disappointment is in making partner, a litigation partner promoted last year said, "learning more about how the compensation process works—and how subjective it seems to be."
Complaints aside, there were a few bright spots in the survey. A vast majority—87%—of respondents said their firms had prepared them well for partnership, and the number of partners who said they had access to leadership and management training grew from 28% last year to 35% this year.
More than 97% of new partners said they are satisfied or somewhat satisfied with their client relationships. Less than 3% feel like a "hired hand" in client interactions.
Arnold & Porter Kaye Scholer partner Kristen Riemenschneider made equity partner in February after being with the firm since 2007. She said the three years she spent as counsel were a great introduction to the partnership. She got "trial by fire" experience as an associate and counsel, participating in firm financial meetings and hustling on her business development with less pressure to build a book of business.
Riemenschneider has been surprised, though, by all that comes with taking equity in a firm.
"I was shocked by the complexity in what it means to be an owner of the firm," she says. "It never really occurred to me that I had to pay taxes in 17 different jurisdictions, and I realized, Oh, I have to get an accountant.''
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