I recently wrote an article titled, “You are Old. We are Greedy. Get the Hell Out!” In that article, I lamented the fact that law firms often nudge (or push, or shove) lawyers out of their firms when they hit their sixties. If you did not like that one, you probably will not like this one either, so just keep scrolling.
Since professional firms are usually partnerships, the well-compensated people at the top of the pyramid are partners, not employees. As a result, all of that stuff that protects employees from discrimination on the basis of age in the Human Rights Code does not apply to them, at least where I live in Ontario, Canada.
With that over-simplified but pithy summary of the law, I have explained how partners in accounting firms and law firms can be squeezed out in their early sixties.
Back in 1996 my sister became a doctor. No, not the type that the cabin crew calls for desperately at 35,000 feet when some overworked lawyer has a heart attack. One of the other kinds. In my sister’s case, she holds a Doctorate in Psychology, which is often quite useful given the level of crazy in my family.
For her doctoral thesis, my sister designed an experiment which examined, among other things, the effect of gender on the diagnostic process. She sent a questionnaire to medical doctors and psychologists describing the symptoms of a patient and asking them to suggest a diagnosis. The description of the symptoms received by each clinician was the same, except for one tiny discrepancy. In some cases the patient was described as a woman with certain symptoms typically associated with premenstrual syndrome and which she reported experiencing over several days before the commencement of menstruation. In the others, the patient was described as a man who experienced the same symptoms every four or five weeks.
Let me tell you about annual reviews for Associates in law firms.
Let’s start with the word “annual” which suggests that the review will take place around the same time every year. In most firms, it will not, if a lawyer is conducting it. Doing that would require that billable work be put aside. That is not going to happen.
A short while ago I was contacted by a junior Associate who I will call Jennifer. Jennifer was looking to move to a well-established Vancouver law firm.
The interview with the senior partner went well and Jennifer received an offer which was more than acceptable. She was very excited about taking the next step in her career.
At my high school, athletics were valued above academics. I am pretty sure that we had the only ‘Reach for the Top’ team (an academic competition) which had a student who failed a grade one year and returned to the team the next year. Needless to say, our team did not win.
On the other hand, our school had three football teams, all of which won their respective divisions just about every year.
When I entered law school, each year the most powerful law firm in Montreal would obtain from McGill Law School the names of the ten students with the highest grades in their first year of law school and write to them to offer them summer jobs. I received such a letter when I completed my first year of law school in 1976.
Had I gone to law school a few years earlier, I would not have received that letter, because the firm extending it had made it a practice to exclude Jews from the program.
Once there was a lawyer named Mark who considered himself to be an ‘idea man.’ Mark had a whole bunch of non-billable projects on his list of things to do, and he was always adding items to it.
Somewhere in some law firm’s ‘closed files’ archive, there is probably a file with my name on it. The subject matter line likely reads something like, “Possible Sexual Harassment Claim.”
I have been reading about Deshaun Watson’s return to the NFL after serving a suspension as a result of allegations of sexual harassment and assault. Normally I do not like to rush to judgment when a person has been accused but not convicted of a criminal offence, since I believe in the presumption of innocence and all of that. But however you may feel about the allegations against Mr. Watson, he definitely has some ‘splaining to do.
What struck me in the account that I was reading was a statement from one of his alleged victims who said, “he can run and throw and that’s enough.” In other words, when someone has the ability to generate serious money, our culture will forgive pretty much anything.