BY MARGARET A. SUENDER
to
t he
ALTERNATIVES
PAR TNERSHIP
T R ACK
Dramatic developments in the legal industry are leading to big changes in the ways law firms do business and structure
themselves. The traditional lockstep
model with high associate leverage and an
“up or out” policy is no longer the only—
or at least the only desirable—model.
Rather, law firms are moving to alternative
staffing models that better address the
challenges of the current legal landscape.
Firms are developing, and hiring lawyers
into, nontraditional positions that are not
designed to lead to partnership. They also
are retaining—and in some cases moving
into those less traditional positions—
greater numbers of associates who are not
and will not be promoted to partner.
Recent surveys confirm remarkable
growth in off-the-partner-track positions
at firms of all sizes. By way of example, in its
annual survey of the 250 largest law firms
published in March 2012, the National Law
Journal reported a 17. 2 percent increase in
nonpartner positions, including staff attor-
ney positions. These off-the-partner track
positions are giving firms greater flexibility
to meet more-intense client demands and
their own internal goals. Although the tra-
ditional model has not yet changed com-
pletely, legal observers predict this trend
will result in greater numbers of these
alternative track lawyers pushing out the
sides of the traditional law firm pyramid
into something resembling a diamond.
CURRENT APPROACHES
Firms are taking different approaches to
the development of alternative track posi-
tions. Some have established alternative
track positions that they have been using
for some time now. The most commonly
used alternative track position is prob-
ably the staff attorney. Others include
e-discovery and knowledge manage-
ment lawyers. Some of the largest firms
have developed full-fledged alternative
track programs. Some firms hire directly
into these positions, even offering the
potential of promotion to supervisory
positions. Others use their programs as
a means of increasing transparency and
formalizing decisions about associates’
potential for advancement and promo-
tion. Still other firms, particularly those
with structured programs, are being fully
transparent and leveraging their alter-
native track positions and programs to
satisfy clients and recruit talent. These
carefully designed programs, many of
which have taken years to develop, strive
to fully engage, appropriately develop and
thoughtfully manage the lawyers who are
not on the partner track.
DEVELOPING AN
ALTERNATIVE TRACK
Rather than allow alternative track posi-
tions to evolve haphazardly, many law
firms are looking to their professional
development departments to help develop
or update policies, practices and career
paths as well as to determine how to com-
