Wilmer Tells Some Lawyers to Start Looking for Work Elsewhere

In an unusual move, Wilmer Cutler Pickering Hale and Dorr is telling some of its more experienced lawyers that it’s time to look for jobs somewhere else.

William Perlstein, co-managing partner of the firm, tells the BLT that some associates and counsel have been told that they won’t have jobs at the firm after this coming fall. Perlstein acknowledges that at least some of the cuts are tied to the economic downturn, though he stresses that the firm isn’t having layoffs.

“There is certainly an economic component in situations where you have someone who is doing OK and who would otherwise be kept. But with less work, and if they’re not making the progress they should, they are being told they should start looking for another position,” Perlstein says. “Nobody is being handed a check and told that they have to leave tomorrow. They’re being told they have a number of months to find other work.”

Perlstein says that the reductions for senior associates and counsel come as a result of a new career advancement program that the firm implemented late last year. Under the new program, associates and counsel are either promoted within specified time frames, or told to “pursue other careers” if they aren’t likely to be recommended for advancement. With promotions scheduled for later this year, Perlstein says that for the first time, the firm is issuing advanced warnings to those unlikely to make the cut.

“This isn’t anything formal. It’s is more of a heads up,” Perlstein says.

Perlstein says he doesn’t know how many lawyers are receiving the warnings.

The firm also provided a statement to legal gossip blog Above the Law, which first reported rumors about possible departures at Wilmer.

Here is the firm’s statement: 

We have done no layoffs and we have no layoffs planned. Unlike many of the firms that have conducted layoffs, we did not go into the recession with highly leveraged practices that suddenly collapsed. That said, many of our clients have been adversely affected by the recession and we therefore have seen a decline in demand for legal services in some practice areas. This does have consequences for how we manage attorneys, and economic considerations and demand for services do affect the career guidance we give lawyers, but we have not conducted layoffs and have no plans to do so. What you may have heard also is that we have, over the past two years, developed a career advancement program, which is intended to give more meaningful career guidance to our associates, senior associates and counsel. As that program is implemented and mentors meet with associates and counsel, career messages are given which may lead over time to departures.
 
The firm will continue to monitor economic conditions and client needs. As you may know, we have reviewed our budget and tightened it further, delayed the incoming associate start dates and created a deferral program, and we are not doing a significant amount of lateral hiring at this time. Performance reviews will continue to be held twice a year, during the spring and fall.

Comments

[divorce attorney]

Why the hell Wilmer Cutler is sending out his experienced lawyers.

[DUI]

this one is great..very well written.keep sharing. thanks

[find the best divorce lawyer]

Yeah some lawyers must start looking for work else where rather then at courts..

[Best divorce lawyers]

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[Elizabeth Zelinka]

This announcement is nothing more than the firm's formal confirmation that it intends to execute on its "up or out" policy. This is a long-standing practice in Big Law, and any Big Law lawyer who finds this surprising has not been paying attention. What really matters is that Big Law lawyers recognize the critical need for an exit strategy and that they begin to formulate one by mid-career. After all, 90% of them will go eventually.

[Mike]

Perlstein has mastered lawyer double-speak. Just fess up, man: you're laying people off during an economic recession.

[Ed Poll]

Given the reality of economics, this may be the best "soft landing" I've heard of. Unfortunately, despite mentoring, some lawyers are not able to transition from good, solid lawyers to rainmakers. And economics sometimes forces a law firm to change directions and even their business model. I don't think this automatically proves age discrimination. I think more information is needed before we come to that conclusion.

[Jennifer]

Would this not be age discrimination, if anyone is over 40. Essentially they seem to be saying that the older lawyers have a higher level of performance required than younger lawyers. Age discrimination is common in Law Firms with older persons who go to law school aa re-training for a career change are essentially told not to apply.
Law firms are stuck in the 19th century. If I was a business owner or plaintiff, I would much prefer an attorney with life experience (sound familiar) than someone who went straight from a life in undergrad and law school with their nose stuck in a book.