02/21/2023
A law firm’s reliance on origination credit when calculating partner compensation can negatively impact junior partner and associate retention.
At most firms, partners are not expected to share origination credit with associates. Any associate can be assigned work from a valued client while the partner who originated the work retains all the credit.
Once that associate is elected to partner, however, that new partner now is a potential competitor for origination credit and the resulting bump in compensation.
Consequently, a partner who doesn’t want to share credit with the newly-minted partner might reassign the work to another associate, even though there is no client-service reason to do so.
In addition to this being highly inefficient for clients, it’s devastating for the newly-elected partner who loses workflow before having the chance to generate an independent client base of his/her own. In some cases, this negatively impacts the junior partner’s future at the firm and may lead him or her to move to another the firm, resulting in a brain drain.
Also, when an associate brings in clients, the origination credit typically is awarded to a supervising partner, not the associate who actually brought in the work. Often the associate receives little more than a pat on the back with no guarantee of an extra bonus at the end of the year.
This short-sighted behavior is counterproductive because those early business-developers are attractive candidates for competitors. They're exactly the kind of lawyer the firm wants to retain, but may leave and take the clients with them, which is disruptive to both the client and the firm.
To counteract this, some law firms—but not many—reward associates who bring in business with a bonus equal to a small percentage of the collections on matters they originate.
The object is to retain rising stars by incentivizing rainmaking behaviors early in their careers with an eye towards them developing over time into happy partners with large books of business for the long term benefit of the firm.
Does your firm give any origination credit or recognition to associates for their business development? If not, have you lost good lawyers as a result?