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Managing the Risk of Lateral Partner Hiring

Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

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Page 1: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Managing the Risk of Lateral Partner Hiring

Page 2: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Today’s Moderator & Presenters

Wayne EganManaging Partner WeirFoulds LLP

Karoline JacksonGeneral Counsel Barnes & Thornburg LLP

Michael EllenhornCo-Chief Executive Officer & General CounselDecipher

Page 3: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Biographies of Presenters

Michael Ellenhorn is the Co-CEO and General Counsel of Decipher. Decipher helps their clients grow safely and more efficiently - reducing lateral hire risk and cost by conducting deep-dive due diligence investigations on prospective partners – before they are hired. Decipher boasts a 97% success rate and is committed to helping law firms improve both their bottom and line and overall performance through better talent outcomes.

Michael EllenhornCo-CEO & General CounselDecipher

Karoline JacksonGeneral CounselBarnes & Thornburg LLP

Karoline E. Jackson is a partner in the Litigation Department of Barnes & Thornburg and serves as the firm's General Counsel. Karoline represents businesses and individuals in a variety of civil litigation matters in both state and federal courts throughout the United States. She concentrates her practice in the areas of complex commercial, real estate and securities litigation.

Page 4: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

State of the Market

Page 5: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

The Lateral Partner MarketLateral moves and average book of business of lateral hires

For Am Law 200 firms

2,014

2,754

2010 2011 2012 2013 2014 2015 2016 2017 2018

$1.7m$2.0m

Lateral Partner Moves

Average Book of Business of Lateral Partner

Revenue moving throughthe lateral partner market

in 2018

since 2010

$3bn$31bn

Page 6: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

42%

27%

11%

20%

Firms Can Find Growth in Many Areas – But Lateral Hiring Is By Far the Largest

of revenue has movedthrough the lateral markets

of Am Law revenue increases has been

due to price increases

of Am Lawrevenueincreases are dueto increases inlawyers

Sources of revenue growth for Am law 200firms

Lateral hiring fromNon - Am Law 200

firms

NewHires

Page 7: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Almost All Firms Hire Lateral PartnersPercentage of law firms by number of lateral hires per year

Average of moves for Am Law 200 firms between 2014 and 2018

3%

11%

12%

23%

33%

15%

6%

0 Hires

1 Hire Per Year

2 Hires Per Year

3 - 5 Hires Per Year

6 - 11 Hires Per Year

12 - 25 Hires Per Year

26 - 50 Hires Per Year

of Am Law 200 firms average more than one hire every two months

54%

Page 8: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Lateral Partner Retention Rates Are Lower Than Many Firms Would LikeLateral partner retention rates for Am Law 200 firms

95%

90%

76%

66%

60%

1 Year Lateral PartnerRetention Rate

2 Year

3 Year

4 Year

5 Year

1 Year Retention Rate

2 Year Retention Rate

3 Year Retention Rate

4 Year Retention Rate

5 Year Retention Rateof lateral partner hires depart the hiring firm within five years40%

Page 9: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Many Law Firms Are Struggling to Accurately Assess the Amount of Work Lateral Partners Will Bring

Percentage of lateral hires which brought their expected book of business

38%

32%

20%

10%

Performed as e xpected: brought in expected book of bus iness

Slightly unde rperformed: brought 75 % to 9 9% of expected book business

Underperformed: brought 50% to 75 % of expected book of business

Significantly unperforme d: brought less than 50% of expected book of bus iness

Performed as expected: Brought in expected book

Slightly underperformed: Brought 75% to 99% of expected book

Underperformed: Brought 50% to 75% of expected book

Significantly underperformed: Brought less than 50% of expected book

of lateral partner hires underperformed expectations

62%

Page 10: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

50-70% of All Lateral HiresWILL Fail within Five Years

Page 11: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Understanding the Challenges

Page 12: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Understanding the Challenges

•Bad Actor

•Bad Performer

•Bad Cultural Fit

•Overstated Book

•Failure of Book to Follow

Page 13: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Questions & Answers

Page 14: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Best Practice Tips for Lateral Hiring

Page 15: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Be Proactive

Page 16: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Stay Focused

Page 17: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Objectivity and Accountability

Page 18: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

LPQ

Page 19: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Interviewing and Evaluation

Page 20: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

CFO

Page 21: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

General Counsel

Page 22: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

References

Page 23: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Internal Feedback

Page 24: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Due Diligence

Page 25: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Offer Letter

Page 26: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Rigorous Lateral Integrationand “Tracking” (Years 1-3)

Page 27: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Presenter’s Contact Information

Michael Ellenhorn

Co-Chief Executive Officer & General Counsel

Decipher

St. Louis, MO

917-993-0128

[email protected]

Karoline Jackson

General Counsel

Barnes & Thornburg LLP

Indianapolis, IN

317-231-7492

[email protected]

Page 28: Managing the Risk of Lateral Partner Hiring · 2019. 9. 2. · Lateral partner retention rates for Am Law 200 firms 95% 90% 76% 66% 60% 1 Year Lateral Partner Retention Rate 2 Year

Thank You