No Equity, No Problem: Our Attorney Pay Plan, with Ben Gideon and Jeff Wright
Attorney compensation is today's topic, and Ben Gideon and Jeff Wright pull back the curtain on a structure most law firms don't use. When Ben and his partner Taylor founded Gideon Asen, they made a conscious decision never to create a path to equity partnership. Ben explains the "agency cost" problem that sets in once ownership gets too diffuse, then walks through their first bonus system's costly failure — arbitrary payouts that bred resentment instead of goodwill. Jeff and Ben unpack the current plan's two governing principles, transparency and predictability, and its three-part formula of base salary, team bonus, and firm-wide bonus. They close on why good fences make better neighbors, using an employment agreement to protect the firm's cases and clients.
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Great lawyers don't always know
how to build great law firms.
Speaker:Let's change that.
Speaker:Join Ben Gideon as he shares hard won
lessons from building his own financially
Speaker:successful law firm and practical
insights from top law firm entrepreneurs,
Speaker:business consultants, and more.
Speaker:This is a podcast for lawyers by lawyers.
Speaker:Welcome to Elawvate, build
and grow your law firm.
Speaker:Produced and powered by LawPods.
Speaker:Welcome to Elawvate, Build and Grow
Your Law Firm. I am Jeff Wright,
Speaker:chief operating officer at Gideon Asen,
Speaker:and as always joined by Ben
Gideon, owner, manager, partner,
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Speaker:So we'd suggest checking
them out at supio.com.
Speaker:And finally, last but certainly not
least, very near and dear to my heart,
Speaker:VisionSpark. VisionSpark is an
executive key member search firm.
Speaker:So if you're looking for a chief
operating officer, a CFO, HR,
Speaker:CIO,
Speaker:there's no better investment in your
firm than finding the right people.
Speaker:The reason why they're near and dear to
my heart, they found me for this job.
Speaker:I tell Ben every day, best job I
ever had. How are you today, Ben?
Speaker:Trying to organize my life
so I can go on vacation.
Speaker:Vacation as always comes
at an inopportune time.
Speaker:I'm optimistic I can wrap things up and
get out the door, so excited for that.
Speaker:I think you can. It's been a busy time,
but well-deserved vacation. I mean,
Speaker:you haven't had a vacation in
two or three weeks, I think.
Speaker:It's been at least a week or two.
Speaker:You must be exhausted. Today's
topic, attorney compensation.
Speaker:So I think a very important topic,
and our firm, I believe Ben,
Speaker:does it a little bit differently than the
traditional plaintiff firms out there.
Speaker:And we want to talk about it and give
you some ideas on what we do to attract
Speaker:the type of employees that
we want and how it's working
Speaker:for us.
Speaker:It's a really important topic.
Speaker:We had mentioned it during a
prior podcast episode where
Speaker:we said we would get to it.
Speaker:And we actually heard from a
frustrated listener who as a regular
Speaker:listener of the show and said, "Hey,
Speaker:you guys said you were going
to cover attorney compensation.
Speaker:Where's that episode?
Speaker:We haven't heard it yet." So we wanted
to make sure we circled back and covered
Speaker:that.
Speaker:What I wanted to do is just start by
giving kind of a big picture overview
Speaker:of it.
Speaker:We'll get into the very specifics of how
our particular compensation structure
Speaker:works,
Speaker:but it really has to be guided by mission
and principles in terms of what is it
Speaker:you're trying to achieve?
Speaker:Who are you trying to attract and
retain with your compensation model?
Speaker:I once happened to be in Orlando, Florida,
Speaker:and I had lunch with an attorney
down there named John Morgan who many
Speaker:may know. He's on advertisements
and billboards all over the country.
Speaker:He runs Morgan & Morgan,
Speaker:which is the largest personal
injury law firm in America.
Speaker:And we are talking a lot about
attracting and retaining lawyers.
Speaker:I think at one point John owned
100% of his company himself or
Speaker:maybe with his brother who runs
his sort of back office functions.
Speaker:And then gradually I think they have
brought other people in sort of as equity
Speaker:participants over the years.
Speaker:I can't speak in great detail
to the Morgan & Morgan model,
Speaker:but one thing he told me was
everybody needs two things.
Speaker:They need love and they need money.
Speaker:And I think it's important
to keep that in mind.
Speaker:They're both critically important.
Speaker:Either one alone is not enough
to attract and retain the best
Speaker:talent. The love part
comes into feeling valued,
Speaker:feeling important, being
able to do important work,
Speaker:satisfying work,
Speaker:having a team around you that
allows you to reach your highest
Speaker:potential, that supports you. I mean,
as Jeff and I were just joking around,
Speaker:also allows you to enjoy your work
because we only live once and we all
Speaker:spend most of our adult lives working.
Speaker:And if you don't find joy
or satisfaction in that,
Speaker:no amount of money can
really make up for that.
Speaker:So the love part is a topic for a
different podcast or maybe a whole nother
Speaker:podcast franchise where I'll talk
to you about my strategies for love,
Speaker:intimacy, and relationships. That
will not be a well subscribed to show.
Speaker:There's not of a particular authority
on it, but I do think at our firm,
Speaker:we accomplish that goal pretty
well by making everybody
Speaker:feel appreciated and valued and
hoping to build out structures and
Speaker:systems that allows people to achieve
their highest and best use so they're not
Speaker:mired in bullshit,
Speaker:but able to do the things that
bring them satisfaction and joy.
Speaker:For lawyers,
Speaker:a lot of that depends on having access
to the kind of work they want to do.
Speaker:One thing Morgan & Morgan can offer top
lawyers is we have really good cases
Speaker:and they can get the cases
because they do the marketing.
Speaker:So many lawyers are motivated to want
to work on really good high quality
Speaker:cases. Our firm is very fortunate in
having many of those types of cases.
Speaker:The other part of that is particularly
for a plaintiff contingent fee firm,
Speaker:but probably true for every firm,
Speaker:the quality of the work you have
does translate quite directly to the
Speaker:compensation because if your
overall business model is not
Speaker:economically successful,
Speaker:you don't generate the kind of cash
and revenue you need to pay people.
Speaker:Pretty simple, right? If
you have really good work,
Speaker:a good steady pipeline of work,
Speaker:if a lawyer is comparing the opportunities
at your firm versus a different
Speaker:firm that doesn't have opportunities
to the same quality work,
Speaker:even if the compensation structure might
be more advantageous at a competitor
Speaker:firm, but they don't have the work,
Speaker:overall they may be doing much better
at a firm where maybe they're getting a
Speaker:slightly smaller percentage,
Speaker:but it's a smaller percentage of much
bigger pie. So that kind of goes to the
Speaker:love side. Let's talk about money
because at the end of the day,
Speaker:people need money.
Speaker:People deserve to be well paid
for their time to reflect their
Speaker:real value added to a business.
Speaker:And it quickly becomes apparent if a
business is not willing to pay people
Speaker:what they're really worth.
Speaker:The generosity of the
executive compensation plan
Speaker:translates to better
people or better companies,
Speaker:which I thought was very interesting.
Speaker:And part of that is if you are
hiring the kind of people that
Speaker:require money to motivate,
Speaker:you're hiring the wrong kind of people
to begin with because what you want are
Speaker:people that are motivated by
the mission and by the work.
Speaker:They also need to be paid and
appropriately compensated.
Speaker:But after whatever that threshold
of appropriate compensation is,
Speaker:adding incremental compensation
to that in the study Jim Collins
Speaker:references in his book did not produce
better companies or better people. So I'm
Speaker:going to just stop there first
with that whole overview. Jeff,
Speaker:thoughts from your extensive
experience on just those big
Speaker:picture items?
Speaker:I love that you hit on the culture and
the love piece because at the end of
Speaker:the day, people can be
overcompensated for the job,
Speaker:but if the job is a place that
they do not want to be at,
Speaker:that's only going to last so long and
it's not going to translate into the type
Speaker:of production or the type
of employee that you want.
Speaker:The compensation is always tricky
because I've found there's a finite
Speaker:amount of really good attorneys out
there that we want to have as part of the
Speaker:team,
Speaker:and we have a very well-defined hiring
process that we've spoken about in the
Speaker:past. And I think one thing, I
don't want to say that handicaps us,
Speaker:and you can probably speak to this, Ben,
when you and Taylor started the firm,
Speaker:you made a conscious decision
to not have a path to equity
Speaker:partnership, which I think traditionally,
Speaker:I mean me being a non-attorney,
Speaker:my mindset is traditionally
somebody starts at a firm,
Speaker:they're an associate, maybe they are a
senior associate in four or five years,
Speaker:and then they have an opportunity
for an equity partnership,
Speaker:they can buy in. And that's kind of the
traditional path that you and Taylor
Speaker:chose to not go that route.
Speaker:And we had to structure our
salaries and our bonus plan to
Speaker:probably compensate for that to a certain
extent because there's no path for
Speaker:that. So I guess what was your mindset
with Taylor structuring it that way?
Speaker:Yeah,
Speaker:and that's why I mentioned at the outset
that you have to start with what is
Speaker:your overarching goal and your mission
in terms of developing a compensation
Speaker:plan because you could have a traditional
firm model where there's a pathway to
Speaker:equity partnership. And at some
point when you make partner,
Speaker:you have an ownership interest,
Speaker:equity interest in the
profits of the firm.
Speaker:That brings with a series
of considerations and issues
that are unique to that
Speaker:model. That was the model I
came from in my prior firm.
Speaker:And what I found, there's a
lot of benefits to that model,
Speaker:which is that that's an easy
way to attract and retain
Speaker:top talent because there's obviously that
carrot that you can offer that at the
Speaker:end of that arduous path
up the steep mountain,
Speaker:when you get to the peak,
Speaker:you now have that professional
accolade and accomplishment
Speaker:and you have that equity that so many
people appreciate and would like to
Speaker:enjoy someday. The downside to
that model is that as you start to
Speaker:make more equity partners
in an organization,
Speaker:the ownership gets quite diffuse
and there can be a complacency that
Speaker:sets in. There's an economic principle.
I'm forgetting the name of it.
Speaker:You learn it in microeconomics. I think
it's agency cost maybe is the concept.
Speaker:But the idea is that if you
have nobody who has predominant
Speaker:ownership interest in something and
everybody only has a small piece,
Speaker:nobody is highly motivated
to go that extra mile,
Speaker:make that extra sacrifice to
make the firm work. For instance,
Speaker:if you are a 10% or 20% owner and your
partners are enjoying their weekends at
Speaker:home with their families,
Speaker:why would you be burning the
midnight oil sitting in the office?
Speaker:Why would you be working
nights and weekends?
Speaker:Why would you be taking on additional
stress and anxiety because you only
Speaker:enjoy 10 or 20% of that?
You're giving away 80%.
Speaker:That's why somebody like Morgan & Morgan,
Speaker:you've got a guy like John Morgan who's
kind of a force of nature who I'm sure
Speaker:has worked 80-hour weeks for 40 years,
Speaker:but he enjoys the vast majority of
the fruits of that labor himself,
Speaker:so he's motivated to do
that. And in my old firm,
Speaker:that's what I noticed that there were
some of us, I'm just built this way,
Speaker:that generally work
hard and always take on
Speaker:sacrifice, go above and beyond. And
some people just didn't want to do that.
Speaker:That kind of equity, you could
have more or less equity,
Speaker:but ultimately there is that
agency cost problem of since nobody
Speaker:owns it,
Speaker:nobody is as motivated to kill
themselves to make the business
Speaker:successful. So I noticed that issue of
sort of a institutional complacency.
Speaker:And there's also from a management side,
Speaker:the ability to make fast,
Speaker:nimble decisions depends
on having a streamlined
Speaker:process for that,
Speaker:not management by committee. And you can
become paralyzed from inaction if you
Speaker:have too many people at the
table, all who have a voice.
Speaker:And if someone's an equity
owner in a business,
Speaker:it's hard not to give them a voice,
at least in major decisions like that.
Speaker:So you're right, when Taylor
and I started this firm,
Speaker:and I think it was more
important to me than to Taylor,
Speaker:he had only been at that firm a few
years and had actually not been a partner
Speaker:there. He was an associate when
he left to start this firm,
Speaker:so he didn't quite have
the same experience.
Speaker:But having been in a place where
I felt like I was kind of killing
Speaker:myself to build the institution and to
make it successful and work and saw some
Speaker:of my colleagues who I really liked
but just didn't have that same goal,
Speaker:I didn't want to be back in an environment
where I was giving away my equity
Speaker:ever again. So one of our fundamental
principles in starting this firm was,
Speaker:as long as I'm here and alive and working,
Speaker:I don't intend to give
away any of my equity.
Speaker:So I think that's been a very good
decision and it's worked out well.
Speaker:But then that creates that
problem you identified of, okay,
Speaker:if you're not willing
to give people equity,
Speaker:what can you give them
to attract and retain the
Speaker:very best talent and
most talented lawyers?
Speaker:So I'll stop there for your comments and
then we can get into the details of how
Speaker:we addressed that problem.
Speaker:And I think a lot of hiring and
compensation. Well, the compensation,
Speaker:most people are thinking on the
hiring side, what do I have to offer,
Speaker:whether it's benefit or salary or
bonuses to get this individual on board?
Speaker:But you've mentioned the
word retention a lot,
Speaker:and I think that gets lost
in the shuffle. I mean,
Speaker:getting someone on board is great and
it's a challenge and you want to make sure
Speaker:you make the correct hiring decision,
Speaker:but the retention is probably
the most important part of that.
Speaker:How do you keep that individual
that you worked really hard to get?
Speaker:You can't put a price on the hundreds
of hours of training and onboarding and
Speaker:integrating them.
Speaker:How do you retain that employee
for ideally as long as you want to
Speaker:have them as part of the firm? It
not only comes back to the culture,
Speaker:but it does come back to the compensation.
And if they can't get an
Speaker:equity partner, what
are you offering them?
Speaker:And how can their compensation be
tied to their performance and the
Speaker:firm's performance appropriately
to ensure that the money part
Speaker:of their concerns is
addressed appropriately?
Speaker:I think the way you and
Taylor have structured it,
Speaker:our last iteration of the attorney
bonus plan had to have had
Speaker:25 or 30 versions before
it was rolled out.
Speaker:And we met for,
Speaker:I don't know how many meetings we had
on it before we rolled it out. A lot.
Speaker:Yeah.
Speaker:And that's because the last iteration of
what we tried to do was very ham-handed
Speaker:and poorly executed,
Speaker:and we didn't want to have
that problem repeat itself.
Speaker:So we were much more deliberate and much
more thoughtful this time to try to get
Speaker:it right. But just back to
your point about retention,
Speaker:and it's worth mentioning,
Speaker:the compensation is obviously
a huge part of the retention.
Speaker:That's sort of the carrot of
what somebody, if they stay,
Speaker:is entitled to enjoy for their
compensation and benefits.
Speaker:There's also maybe more
of a stick you might say,
Speaker:which is it's not as
pleasant a thing to consider,
Speaker:but I think it's extremely important,
Speaker:something that I recognize the
importance of when I left my last firm,
Speaker:and that is to have a really locked,
Speaker:solid employment agreement
with your lawyers.
Speaker:The agreement we had with my
former firm was not well written to
Speaker:protect them from us leaving,
to protect their assets,
Speaker:to protect their valuable cases,
Speaker:their relationships with referring
attorneys and clients. And so just
Speaker:recognizing that it's a fact of
life, that you can hire somebody,
Speaker:invest in them, prop them up, give
them opportunities and resources,
Speaker:and then they can decide someday maybe
the grass is greener on the other side of
Speaker:the road and they want to leave and
compete with you across the street.
Speaker:You really have to have a solid
bulletproof employment agreement with
Speaker:all of your lawyers. And
ours is pretty stringent,
Speaker:but it's just that concept that
good fences make better neighbors.
Speaker:Putting that in place creates the rules
and the expectations very clearly for
Speaker:people from the outset,
Speaker:and it protects us against
the worst scenarios that one
Speaker:could anticipate of a lawyer trying to
leave and steal clients from the firm or
Speaker:steal cases. I was very fortunate,
Speaker:and this is something I would
encourage every lawyer to consider,
Speaker:but we've had Shane Inspector
on my other podcast,
Speaker:and he's a partner and owner of one of
the most successful plaintiff's firms in
Speaker:the country,
Speaker:Klein Inspector out of Philadelphia.
You don't have to reinvent the wheel.
Speaker:He was kind enough to share with
me their employment contract,
Speaker:and I used that as a model for ours.
Speaker:We did tweak and change
it to meet our own needs,
Speaker:but that's one element you want to
have in place along with a solid
Speaker:compensation plan to deal with
the issue of retention and
Speaker:create disincentives for
people to leave under adverse
Speaker:conditions.
Speaker:I just wanted to say, it
was so important to us.
Speaker:Obviously we got a very strong
draft to work from, made our tweaks,
Speaker:but we still, it was so important.
Speaker:We took the extra step and we used a
third-party employment lawyer and sent it
Speaker:to them and made sure,
Speaker:especially with it coming from
Pennsylvania and we're up here in Maine,
Speaker:that it made sense for
our state and everything,
Speaker:and it was rock solid.
Speaker:So take the time if
there's some extra expense,
Speaker:and you should send it to someone.
If you're not an employment lawyer,
Speaker:get it in the hands of one and make
sure that's perfected to cover yourself.
Speaker:Need help on a complex personal
injury or medical malpractice case?
Speaker:Gideon Asen accepts case referrals
and regularly co-counsels with lawyers
Speaker:nationwide on high value claims.
Speaker:The firm has recovered millions of dollars
in cases that competitors turned away
Speaker:because they dig deeper.
Ready to learn more?
Speaker:Email bgideon@gideonasenlaw.com
to start the conversation.
Speaker:Gideon Asen shares fees is
permitted by the laws of each state.
Speaker:Don't let complex cases
overwhelm your practice.
Speaker:Elevate justice together with Gideon Asen.
Speaker:As an owner, you should not feel shy
about having a strong employment contract.
Speaker:The people you're bringing in, you are
handing off your most valuable assets to,
Speaker:which are your cases, your clients, and
your relationships with other lawyers.
Speaker:You're also mentoring them, you're
making them better. I mean, in our case,
Speaker:we promote them.
Speaker:We pay for article placements so that
they can have bylines under their
Speaker:names and photographs
and published articles.
Speaker:We pay for them to travel all
over the country to go to CLEs.
Speaker:We pay for their membership in
bar associations and groups.
Speaker:We encourage them to build a franchise,
Speaker:to develop their reputations and names,
Speaker:but all for the benefit
ultimately of the institution.
Speaker:And if you were to invest all that in
somebody and then they would take that and
Speaker:leave,
Speaker:I think it's only fair that the
assets remain with your firm
Speaker:as much as a contract can protect
you from that. You just can't
Speaker:have somebody stealing your
work product, your assets.
Speaker:And I should say there's nobody in
our firm I worry about that with,
Speaker:and that's part of having a culture of
getting the right people in the door,
Speaker:but you're just better to be
safe than sorry on that front.
Speaker:So moving on to the
compensation plan itself,
Speaker:I had mentioned that we kind
of bungled this the first time.
Speaker:So just the background is
when we started the firm,
Speaker:it was just my partner and I.
Speaker:We have an arrangement in
our own partnership agreement
about the distribution
Speaker:of our equity that only
applies to the two of us.
Speaker:When we started to bring in non-partner,
Speaker:non-equity owners of the firm, we
didn't have a plan for that initially.
Speaker:We weren't intentionally
planning to hire people.
Speaker:When we first started hiring people,
we had enough work. People came,
Speaker:wanted jobs, we found the right people,
Speaker:we started to build out.
We negotiated salaries.
Speaker:There was no particular bonus. The
bonus was at the discretion of us,
Speaker:Taylor and I. And at the end
of the year, we would meet,
Speaker:discuss the particular lawyer,
Speaker:and based on the success of our firm in
the year and their contributions to it,
Speaker:we would bonus people. That's kind of
how it worked. At some point though,
Speaker:after having a couple of lawyers,
non-owner lawyers in the firm,
Speaker:we started to come to the belief
that that wasn't going to work
Speaker:longer term because these lawyers
were working on cases that we
Speaker:were settling for multi
seven-figure, eight-figure amounts.
Speaker:They could see what that was
producing for revenue to the firm.
Speaker:And they're very smart people.
Speaker:It wasn't going to be long before
they realized that the, frankly,
Speaker:pittance we were paying them at the time
in terms of just a flat salary was not
Speaker:really appropriate in light of
their value added to the results we
Speaker:were obtaining. Rather than wait for
somebody to approach us about that and to
Speaker:be pissed off or frustrated about
it, we wanted to get out ahead of it.
Speaker:And so nobody had asked for anything more.
Speaker:Nobody had said they were dissatisfied
with their pay or the plan.
Speaker:We affirmatively went to
our associates and said,
Speaker:"We want to share more of our profits
with you. We think you deserve it.
Speaker:We want to be fairer to you,
Speaker:and we want to develop a plan for that."
Our initial plan for that had to do
Speaker:with segregating a certain
amount of the revenue from our
Speaker:cases,
Speaker:and then based on somebody's
work on those cases,
Speaker:allocating some bonus amount
to them at the end of the year.
Speaker:But we hadn't thought out the
specific numbers very carefully.
Speaker:Started to go down that road. In year one,
Speaker:we ended up giving one of our lawyers
who was involved in a $10 million case
Speaker:settlement, a very significant bonus,
Speaker:multiples of her base salary and
a bigger bonus than probably any
Speaker:associate in the state of Maine had
received that year or maybe ever.
Speaker:But it wasn't met with
the positive feedback or
Speaker:happiness for receiving that that
we expected because despite the size
Speaker:of the bonus,
Speaker:it actually didn't fully come up to the
level of what we had sort of put in our
Speaker:plan for how we were
thinking about organizing it.
Speaker:It was basically we have this pool of
money and based on what percentage of the
Speaker:work of that case you
did versus other people,
Speaker:you can get everything in that
pool or only a portion of the pool.
Speaker:We gave the person a portion of the pool,
Speaker:about a third of what was in the so-called
pool, which was a very big number,
Speaker:and we had a rationale for why we did
that, but it all seemed kind of arbitrary.
Speaker:So rather than a very high
bonus engendering goodwill,
Speaker:it seemed that we were being
victims of our own good deed
Speaker:by creating a system that seemed arbitrary
and capricious. Every time we were
Speaker:going to bonus somebody,
Speaker:there was no clear transparency
or metric that one could look at
Speaker:to see if that was the right
number, too high, too low.
Speaker:And we recognized that year
in and year out in every case,
Speaker:we are now going to be
faced with developing what
would appear to be somewhat
Speaker:arbitrary bonus numbers,
Speaker:creating the risk that no one was going
to be happy no matter what we did.
Speaker:But also if we made people
happy in that arbitrary way,
Speaker:we were also not being fair to the firm
because we would be overcompensating
Speaker:people relative to their real worth,
which was just the truth of it.
Speaker:There's an intrinsic
worth that somebody has.
Speaker:If you are paying them multiples of that,
Speaker:then you're not a good manager of your,
Speaker:you're not being a smart owner or manager.
Speaker:So we faced that really big
tension of it was our goal to be
Speaker:generous. Our operating principle was
to be a little more generous in every
Speaker:decision than we had to be, always to
err on the side of being extra generous,
Speaker:say five or 10% premium above
what would be appropriate for
Speaker:bonus compensation. But we
weren't doing 100% over,
Speaker:200% over. Our decision seemed arbitrary.
Speaker:It was backfiring on us. Our bonus
plan was developing ill will.
Speaker:It was developing uncertainty
because nobody knew what to expect.
Speaker:And we realized we had made a huge
mistake actually. And at the same time,
Speaker:it created an expectation that once you
create, it's very hard to dial back,
Speaker:right? Somebody's making X and then you
promise them they're happy making X.
Speaker:You promise them 10X and then you give
them 3X and they're really unhappy about
Speaker:3X. Where they were happy at X,
Speaker:they would've been happy at 2X if
that's what you had promised them,
Speaker:but by promising them 10X,
Speaker:you can never dial it back to 2X and make
them happy again. So this was where we
Speaker:were at that moment in time before he
came to the firm and helped us develop our
Speaker:current compensation plan.
Speaker:So I'll stop there again for comments
and then we'll talk about the current
Speaker:iteration of the plan.
Speaker:I think the big words that you hit that,
Speaker:I don't want to say resentment is a
strong word and that's not what it was,
Speaker:but the uncertainty that that plan
had where nothing was definitive,
Speaker:people were guessing on
what they were going to get.
Speaker:Everyone has a number in their mind,
Speaker:and if they weren't getting that
number that was a pure guess.
Speaker:It was creating some tension and
uncertainty is the biggest thing.
Speaker:I think the plan that we've
landed on that we've had in place,
Speaker:actually it's been in place this year,
Speaker:2026 is when we started it, is
a very well though-out plan.
Speaker:It's very definitive. I mean,
Speaker:any attorney could go in there and
based upon knowing the production
Speaker:numbers of their team and our firm,
Speaker:land on almost an exact number
of what they're going to get.
Speaker:One of the governing principles of
the new plan, unlike the old plan,
Speaker:was complete transparency, not
just transparency for individuals,
Speaker:but across the board.
Speaker:So there's been a lot of social studies
and data on the idea that workers are
Speaker:happier when there's
complete transparency,
Speaker:even if they know their relative
compensation relative to other
Speaker:people. It doesn't tend to engender the
bad will because people are going to
Speaker:make assumptions about things that are
probably worse than they are if you don't
Speaker:have complete transparency.
Speaker:I should say that it's probably not
necessary to have transparency among
Speaker:different categories of
employees. For instance,
Speaker:our attorney compensation plan is
shared with all of the attorneys.
Speaker:The spreadsheet that shows what
everybody is paid and how they reach that
Speaker:number, it is not shared
with the non-attorney staff.
Speaker:Because it's apples and oranges,
Speaker:and I don't think there's a reason to
do that. I don't think there's a benefit
Speaker:in doing that. But just focused
on the attorney compensation now.
Speaker:So principle number one
is complete transparency.
Speaker:Principle number two is predictability
so that the lawyer knows based on
Speaker:their contributions to
each year's revenues,
Speaker:and that specifically is the fees
generated by their team and their
Speaker:work and by the firm as a whole.
Speaker:They can plug those numbers into
our spreadsheet and determine
Speaker:exactly what they're going
to make in that year.
Speaker:It is not subject to
additional discretion.
Speaker:It is not subject to arbitrary
decision-making by owners or
Speaker:anybody else.
Speaker:Now that doesn't mean that
that compensation structure
does not itself have
Speaker:room to bonus people higher or
lower based on criteria that we
Speaker:set. And I'll explain how.
Speaker:And I should back up and say that we
are more than willing to share our plan,
Speaker:our spreadsheet,
Speaker:and all the details of it with anybody
who wants it. Just like transparency in
Speaker:terms of our employees, there's
nothing we try to hide about it.
Speaker:When we are recruiting for a job,
Speaker:we send it out to the lawyer who we're
recruiting so that they can know in
Speaker:advance of coming what
exactly the compensation plan
here is and how it works.
Speaker:Let me describe kind of in
general terms how it works.
Speaker:So our attorneys are all
paid some base salary.
Speaker:That base salary is intended to
be amount of money that covers.
Speaker:It's not an insignificant base salary.
I mean, it's a six-figure number,
Speaker:but it is not intended to be the majority
of the way they get compensated if
Speaker:our firm is doing well
and they're doing well.
Speaker:It's kind of just a base amount that,
Speaker:especially for newer lawyers
before they've started to
make their large bonuses,
Speaker:can cover basic living expenses and
so forth. That base salary goes up
Speaker:incrementally and then cap at
a number that's pretty modest.
Speaker:So the advantage to that as a
firm is that we are not heavily
Speaker:exposed in terms of
cashflow on lawyer salaries.
Speaker:If our firm is not successful,
Speaker:if we are not generating
revenue off of our casework,
Speaker:if there's a huge economic downturn,
Speaker:there's a cap on that cashflow
need to pay lawyers that's pretty
Speaker:modest in terms of the economics
of our firm as a whole.
Speaker:So that's principle one, modest base
salary. That salary, I should say,
Speaker:is not a draw, it is an actual salary.
Speaker:They don't lose it later,
Speaker:but it is capped at what would be
a pretty low number overall for the
Speaker:economics. That's point one.
Speaker:The second part of the compensation
structure is what we call the team
Speaker:bonus.
Speaker:So our firm is segregated into
different teams. We have four
Speaker:teams basically up for the lawyers.
We have three different trial teams,
Speaker:which handle all of our litigated
cases that go into suit,
Speaker:that are litigated and may go to trial.
Speaker:Each of those teams is comprised
of two attorneys, a paralegal,
Speaker:and a legal assistant.
Speaker:Those teams each have cases that are being
Speaker:managed by those teams.
Speaker:And when those cases resolve either
by verdict or by settlement and
Speaker:generate fees,
Speaker:that goes into that team's
fee accrual number for the
Speaker:year.
Speaker:There is a threshold number that's
frankly pretty high that we expect the
Speaker:teams to meet every year because we give
them extremely good cases and a lot of
Speaker:resources and support. They should be
able to generate a particular number.
Speaker:And at that number or below,
Speaker:there is a certain team bonus
number that each member of that team
Speaker:gets,
Speaker:which is a percentage of the fee revenue
generated by that team. Once they hit
Speaker:milestones above that number, they
get what we call performance boosts.
Speaker:I could be misremembering it.
It doesn't matter exactly,
Speaker:but the threshold number I believe
is $2 million or 2.5 million.
Speaker:That's what they're expected to
generate. And they do get a percentage.
Speaker:I don't remember what it is.
Speaker:Each of the team members gets that
percentage at that. Then after that,
Speaker:if it goes up to 2.5 million or three
million or five million or 10 million,
Speaker:there are performance boosts which give
them a slightly higher percentage of
Speaker:those numbers,
Speaker:which creates very good positive
incentives for the teams to perform
Speaker:beyond their baseline threshold
numbers because it's really an
Speaker:exponential. They not only get
the percentage for that baseline,
Speaker:but they then get a higher percentage
for the entirety of what they've
Speaker:generated. And if you start
to do the numbers there,
Speaker:it starts to translate into quite a
very large bonus number just on that
Speaker:team bonus.
So that's the team.
Speaker:But one thing we recognized is we don't
want to have a balkanized firm where
Speaker:each team is so competitive with
another team that people are trying to
Speaker:cherry-pick cases or they're getting
frustrated that maybe this particular case
Speaker:went to a different team,
Speaker:or they're not willing to help out with
a deposition or work on a brief that may
Speaker:contribute to the success of another team.
Speaker:And so there's an enormous value
on not only the team's success,
Speaker:but on everybody being vested in the
success of the enterprise as a whole.
Speaker:So not only does everybody have
a team bonus percentage of their
Speaker:compensation,
Speaker:but they also have a firm-wide
bonus that's separate and
Speaker:apart from the team bonus.
Speaker:That firm-wide bonus is all
of our lawyers collectively,
Speaker:there's a hundred percentage
points on the firm-wide bonus.
Speaker:And each year at their final annual
reviews at the end of the year,
Speaker:we roll out to the lawyers what we
propose that their respective percentage
Speaker:of the firm-wide bonus will be. And
that's where I was saying these things,
Speaker:they can accommodate other criteria that
are important to firm building as an
Speaker:enterprise. So their number,
Speaker:their overall number of the firm-wide
bonus depends on things such as seniority
Speaker:within the firm,
leadership within the firm,
Speaker:if they take on roles that
are outside of their casework,
Speaker:but are exhibiting leadership in other
ways. Leadership outside the firm,
Speaker:are they helping to generate business?
Speaker:Are they going around
speaking at conferences?
Speaker:Are they building a reputation
outside of the firm? Just overall,
Speaker:are they someone who's adhering to
our core values and then also just
Speaker:their performance? So we
factor all of those things in.
Speaker:There's no lockstep thing where you've
been here a certain number of years,
Speaker:you get X or Y,
Speaker:but that lawyer gets that percentage
of the firm-wide bonus too.
Speaker:And then that firm-wide bonus also has
different milestones where there are
Speaker:bumps. So there's a percentage. If
the firm hits a number, 10 million,
Speaker:there's a number, it bumps up
a little bit. If we hit 15,
Speaker:there's another bump up. If we hit
20 million, there's another bump up.
Speaker:And all the way up to our four-year
revenue goal of 50 million,
Speaker:there's another bump up.
Speaker:So every individual lawyer's salary at
the end of the year then is a sum of
Speaker:their base salary, their team
bonus, and their firm-wide bonus.
Speaker:There's one final group within our
firm, which is not the trial team,
Speaker:we call it the IECU.
People have heard about it.
Speaker:That's what we call the intake
evaluation and core case unit.
Speaker:The lawyer who manages that,
Speaker:her team bonus is based on the
production of the IECU as a unit,
Speaker:but she also participates
in the team bonus.
Speaker:And that's really important because part
of their job is to help screen cases,
Speaker:but they are handing off the best,
Speaker:most valuable cases to our trial teams.
And so we certainly don't want to have a
Speaker:situation where our IECU lawyer
feels like I'm doing all this
Speaker:hard work, screening,
evaluating, triaging cases.
Speaker:Now I'm handing off our really high value
cases to another team and I don't get
Speaker:to enjoy the benefits of that.
Speaker:But she does because she's bonused
off of that firm-wide bonus.
Speaker:And so when you add all
those things together,
Speaker:you plug them all into a spreadsheet,
Speaker:you put in all the numbers that
each team is making in a year,
Speaker:and the firm is making,
and the numbers crunch in,
Speaker:and you can see every lawyer can see
what they would be earning in base salary
Speaker:and bonus for the year.
Speaker:And I can tell you that it is
extremely generous compensation package
Speaker:if our firm is performing the way
we expect the firm to perform.
Speaker:And so not only is it transparent,
Speaker:it's extremely generous. I think it
is if one were an equity partner at
Speaker:any other firm or any competitor firm,
Speaker:they would not likely be able to earn
the same level of compensation they
Speaker:can at our firm, even without
having equity. And frankly,
Speaker:there's not a huge distinction between
having a bonus plan that gives you a
Speaker:right to a percentage of fee
revenue and having equity anyway.
Speaker:I think it accomplishes the goal of
satisfying lawyers who are looking
Speaker:for appropriate fair compensation,
Speaker:but in a context where they don't have
technical equity in an enterprise,
Speaker:which also there's a benefit to that
too for them because they don't have the
Speaker:downside risk. That's a real mouthful.
I know we've sort of out of time now,
Speaker:but I wanted to get it all out there
because people have specifically asked for
Speaker:those details. Again, if anybody
wants to follow up with Jeff,
Speaker:send him an email.
We're happy to send you the spreadsheet,
Speaker:policy we have for attorney compensation,
Speaker:and feel free to edit and
tweak that to your own needs.
Speaker:That was great, Ben.
I think to wrap it up,
Speaker:what we've developed is something
that speaks to attorneys in multiple
Speaker:ways and allows us to have
attorneys that are very driven
Speaker:toward their team bonus,
Speaker:but also very driven to do what's
best on behalf of the firm and the
Speaker:other teams. And by
structuring it that way,
Speaker:it feeds right back into the type of
culture that we want to develop here.
Speaker:I love the bonus structure
and our attorneys through
their hard work are really
Speaker:going to be the benefits of a
generous structure. All right,
Speaker:I think we're wrapping.
Appreciate it, Ben.
Speaker:All right everyone, until
next time. Thanks, Jeff.
Speaker:Thanks for listening to Elevate.
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