“Names are everything. I never quarrel with actions. My one quarrel is with words.” -Oscar Wilde

Determining whether an entity is a partnership, and whether one is legally a partner, an employee, or an independent contractor, has significant ramifications for an attorney in a law firm partnership, and for the partnership itself. At times, lawyers affiliated with law firms claim to be equity partners to take advantage of the rights accorded to equity partners, such an accounting of the partnership’s net assets. At other times, attorneys affiliated with law firms claim that, despite their title as “partner,” they are employees who are subject to the protection of various employment laws. For example, last year, a jury found in favor of a law firm “equity principal” who sued as an employee under a Maryland wage law. Miles & Stockbridge Vows Appeal After Verdict for Ex-Partner, New York Law Journal (June 23, 2018) (the matter is on appeal).

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