This post first appeared as an article at Slaw on October 1, 2007.
During the past 50-odd years, the North American legal profession has been notable for a ready supply of labour. The post-war population boom and increased access to post-secondary education, combined with the enduring lure of a legal career, ensured that there would always be a deep pool of lawyers into which firms could dip for talent.
When a buyer’s market lasts that long, the buyers’ advantages become locked into the prevailing culture of the marketplace. Much of what we take for granted in modern law firms — hourly billable targets, ever-increasing workloads, lengthening partnership tracks, client hoarding by partners, and more — can be traced at least in part to firms’ established ability to dictate the terms of employment to a fairly low-cost and easily leveraged labour pool. Law firm employers have held the whip hand for so long that we’ve come to think it’s just the natural order of things.
That’s about to change. Talent — in nicer terms, the actual human beings who provide legal services — is becoming scarce. This is new, and for a lot of law firms, it’s not going to be fun. Continue Reading