Law Practice - May/June 2013

Hiring. It is important to consider carefully how will you hire for the alternative track positions, what criteria you will use, and whether you will consider transitions to and from the partner track.

• Recruiting. Will you hire directly into the alternative track position? If so, how will you source candidates? Will you use cost-free means only, such as Internet job postings, law school career offices and referrals? Are there any circumstances under which you would consider using a search firm?

• Hiring criteria. What hiring criteria will you use for the alternative track positions? How will it differ from the hiring criteria you use for partner track associate hires?

• Moves to partner track associate. The possibility of moving from the alternative track position to a partner track associate is another topic that warrants careful consideration from the start. If you will consider moving any alternative track lawyers to partner track, it is best to define who can initiate that discussion, the circumstances under which you will consider such a move, the timing of consideration and the criteria you will apply. For example, you may want to make it easier for former associates to return to partner track than it is for direct hires to move to partner track for the first time. Reminding all stakeholders of your policy at the time of hire will help manage everyone’s expectations and minimize attempts to back-door into a partner track position.

• Moves from partner track associate.
Will you encourage, permit or require
current partner track associates to
convert to this new status? Commonly
cited concerns are ( 1) blocking work
from partner track associates; and
( 2) forestalling a potential exodus of
high-performing associates looking
for a lifestyle change or silo of under-
performing associates the firm probably
should let go. Other firms use the
alternative track position or program to
manage expectations about the potential
of promotion. Whatever your purpose
or concerns, if this is an option, you will
need to identify who can initiate that
discussion, the circumstances under
which such a move will be considered,
the timing of consideration and the
criteria that will be applied.

Compensation and benefits. How will you compensate the alternative track lawyers—on an hourly, per-diem or salary basis? Who will decide what you will pay individual alternative track lawyers? What factors will you consider in setting salary? Will you establish set salaries or develop customized agreements based on unique circumstances? How will the salary scale compare to the partner track associate compensation scale? Will the alternative track lawyers be eligible for the same benefits as partner track associates? Will the alternative track lawyers be eligible for bonuses? If so, what will the criteria be? Who will decide whether you pay a bonus?

Development. Another aspect to consider is how you will maximize the alternative track lawyers’ integration and continued development.

• Training. How will you develop and integrate the alternative track lawyers? Will you invite them to participate in firm-sponsored CLE or other training programs? If so, will opportunities be limited in any way? For example, will you permit your alternative track lawyers to participate in client development training?

• Integration. Will you invite the alternative track lawyers to attend other firm events? Will they have formal mentors?

• Evaluation. When and how will you evaluate the alternative track lawyers?

Will you evaluate them at the same time as partner track associates? Will you use the same or a different process? Will you apply the same or different standards?

Transparency. How transparent will you be about your alternative track positions or program? Will you list alternative track lawyers’ profiles on your website? What external advantages, disadvantages or challenges to full versus limited transparency do you see vis-à-vis clients, recruits and others within the firm? What internal advantages, disadvantages or challenges to full versus limited transparency do you see vis-à-vis clients, recruits and others within the firm?

• Transparency in titling. Will you list the alternative track lawyers on your external website? Will internal and external titles be identical? Will you handle former partner track associates any differently than alternative track lawyers hired directly into the position?

CONCLUSION The legal industry has changed dramatically and few, if any, believe that we are ever going back to the days when every associate wanted to be a partner and many had at least a shot at making it. There is no better time than now to work with your professional development department to design, refine or rethink your nonpartner complement. As the need for law firms to adapt to the changing legal landscape grows stronger, so do the incentives to create carefully crafted alternative track positions and programs. They are an important and burgeoning part of today’s “new normal.” LP Margaret A. Suender is the firmwide director of professional development and recruitment of Pepper Hamilton LLP. She works in the firm’s Philadelphia office. suenderm@pepperlaw.com