Seeking advice on bringing 2nd attorney into existing practice

I'm not sure I'm following exactly what your client is proposing. Is the "associate attorney" coming in as an associate, or is (s)he an associate about to make partner? If the former, then the associate would strictly be an employee, and the usual provisions concerning compensation of employees (i.e. usually a base salary, possibly with some sort of bonus for meeting certain criteria, such as origination of new cases).

If the associate is being promoted to partner, then you have to consider how the firm is structured i.e. corporation or partnership. Compensation terms are negotiable, but, of course, law firms are the ultimate zero-sum type of business since the value of a law firm is almost entirely based on continued origination of business, and not on "good will", bricks-and-mortar or other tangible capital assets. Generally, entities taxed as partnerships offer a little more flexibility in designing compensation arrangements, but are a little trickier to draft to ensure that no existing partner is relieved of a liability (and thereby subject to income tax on such relief) - at least not without all parties being aware of the issue and agreeing to it.

I'm not sure that there are any legal solutions to holding on to associates. The BBO frowns on non-compete agreements on the grounds that the public is entitled to counsel of their own choosing. As a consequence, attorneys are free to leave when ever they want, just as law firms are free to let associates go at any time. In a non-law firm setting, you might provide some sort of "golden handcuffs" program (i.e. deferred comp). However, in a law firm setting, this generally doesn't work since it is very difficult to offer employees an equity interest in the law firm because law firms generally have no tangible capital assets of any consequence. This is why law firms have traditionally been unstable entities - people stay together in a firm as long as it is mutually beneficial to do so, and leave when this is no longer the case.

If there is any "magic" to retaining partners and associates, it would be to make it mutually advantageous to remain together for as long as possible. Keys to that include: (1) keep liabilities and overhead as low as possible so that nobody feels overwhelmed financially (particularly in the case of shared liabilities, such as obligations under a lease); (2) keep good lines of communications open; (3) meet your own financial and other responsibilities; (4) make sure that others remain current on theirs. In short, be a "reasonably prudent person." :-)

At any rate, that is what has worked for our firm.

Good luck,

Rob

I do agree with the idea of bringing a second lawyer and asking for another opinion on the case to further analyze and compare which conclusion and resolution is the best.
Every attorneys / lawyers has its similarity of work and of ideas. I see no harm in doing this. tampa attorney

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