The BBJ recently reported on Ropes & Gray’s year-end bonus program. As the reporter noted, this practice is not out of the norm for law firms. Why, then, did it catch his attention? As he frames it, “The kicker: It will toss in a little more to those lawyers who logged unusually long hours this year.” This got me to thinking about the culture that the industry is perpetuating – particularly as they strive to be more inclusive.

I’m curious as to how the associates have been included in this process. What are their intrinsic and extrinsic motivators? Might they want to be recognized for accomplishments rather than hours? Might they value time more than discretionary income? And, I am most curious about how those candidates who have chosen not to work in these environments would answer these questions.

The legal profession has long heralded the maximization of billable hours, despite the growing body of research refuting the sustainability of this practice. This established system excludes those who are not able, or willing, to dedicate themselves wholly to the profession in such an all-consuming way. I would hazard a guess that this may be a deterrent for talented, nontraditional individuals. In many cases, the exact individuals that the firms are working so hard to attract and retain.

The bonuses these law firms distribute, when multiplied by the number of associates and partners receiving them, are more than sufficient to hire additional staff. One thought might be that law firms earmark a portion of these funds to hire additional associates, enabling the associates to work more reasonable hours, while still allowing funds to be available for discretionary bonuses.

More systemic than this would be for the firms to engage those they are trying to attract and retain to understand what it is about their culture that is deterring them. I would suggest that they think broadly and creatively about this outreach – speaking to those that have left the organization, candidates that have rejected their offer, those studying for their law degree, and, perhaps even select high school seniors. The goal is to seek to understand how these individuals perceive the industry and, in particular, your organization. These discussions will begin to shape a composite that describes your culture – as defined by those that you wish to attract. The question then becomes, is this culture helping you achieve your vision and goals, over the long-term, or might you need to amend it.

http://www.bizjournals.com/boston/news/2015/12/17/in-twist-ropes-gray-gifts-select-associates-bigger.html