The most significant change in corporate law firms in the last quarter
of the 20th century was the sheer increase in the size of the firms, according
to John P. Heinz (IPR-Law), Robert L. Nelson (IPR-Sociology) and Edward
O. Laumann at the University of Chicago. In a new working paper, the authors
explore the costs and benefits of this trend and others that have transformed
urban law. These changes include: increased demand for lawyers, greater
competition among firms and from accounting and consulting firms, less-intimate
relationships with clients, more women lawyers, and an increase in status
of Catholic and Jewish lawyers. The growth of firms is twofold. First, the number of lawyers has increased,
to one lawyer per 303 residents in 1995 from one per 572 in 1971. Law
firms also are hiring more lawyers. Today, a large New York law firm may
have 1,000 or more lawyers, and most large practices operate offices in
several major cities in the United States and abroad. Second, the amount of legal work has grown. With an economy based on
services rather than agriculture and heavy industry, the demand for legal
services has risen. The nations booming economy during the 1990s
further boosted demand.
As the number of lawyers has grown, so has the diversity in their ranks.
More women now practice law, and many work for corporate firms, but a
disproportionate number practice in the legal departments of corporations
or government agencies. In the past, Protestant lawyers dominated such prestigious areas of practice
as securities work, patents, banking and tax work, and avoided the less-prestigious
areas of divorce and personal injury work. Catholic lawyers were disproportionately
likely to handle personal injury cases, and did relatively little banking,
securities, and labor union work. Jewish lawyers were overrepresented
in divorce and commercial law, while few did antitrust defense, patents,
probate, and business litigation. Now, the work is spread proportionately
among different religious groups. In response to the increased demand for services to businesses, law firms
reorganized their practices. One way of retaining a larger share of a
clients legal needs is to provide one-stop shopping.
Many firms appear to believe that their corporate clients will find it advantageous to be able to have all of their problemstaxes, transactions, securities issues, labor and employment matters, or litigationdealt with by the same law firm, the authors note. Small firms and solo practitioners are out; megafirms are in. Lawyers are encouraged to specialize, even fresh from law school. The cost of this transformation is a more distant relationship between
lawyer and client. When a law firm expands from 30 lawyers to 50,
to 100, and then to 300 or 800, the officer of the corporation can no
longer count on access to the personal advice of the firms senior
partner on all legal issues. Tax matters will be sent to the tax department,
litigation to the litigation department, and the senior partner may be
tied up with staffing decisions for the firms new office in Prague,
the authors write. So despite a firms ability to provide one-stop
shopping, a client has less loyalty to a particular firm because
the days of long-term personal relationships are gone. After documenting the changes in the field of urban law practice, the
authors forecast changessome of them dramaticfor the bar.
The authors speculate on the possibility of consulting firms, accounting
firms, and financial services companies taking over the market for legal
services. Some would argue that accounting firms are already making
inroads on corporate law practice, they write. These new competitors
have deep pockets to pay for hiring and marketing, and lengthy client
lists that make a legal services branch easy to start and sustain. It may be increasingly difficult for firms composed exclusively
of lawyers to remain competitive, the authors note.
The
corporate work done by mid-range and lesser law firmsand perhaps,
the more routine work done by large firmsis likely to be squeezed
by competition from consulting firms, banks, and other financial services
firms. But the most elite firms will remain intact, the authors predict, at
least for now. The most sophisticated work done in the top Wall
Street firms and in their counterparts in other major cities requires
a level of experience and expertise that is difficult to duplicate. (The working paper, The scale of justice: Observations on the transformation
of urban law practice, may be ordered from IPRs publications
department.) |