Listen, above all else, Biglaw is a business. I know that, you should know that, and folks that operate under a different assumption do so at their own risk. That is always true, even when there is a global pandemic raging. So, perhaps we shouldn’t be surprised that some Biglaw partners are sending around emails that could, at the most generous, be termed as tone deaf.
The email in question was sent to associates in the Houston office of Kirkland & Ellis by Andy Calder, a partner and member of the firm’s global management committee. The email scolds folks that they need to keep churning out billable hours and that the firm “isn’t a gravy train where you can just chill and be along for the ride” and that “the math is not going to work out well for you at the end of the year.”
Notice, if you will, the complete lack of empathy in the letter — no mention that people who work at the firm might be suffering from COVID-19 or have a loved one hospitalized with the virus, or that in-person school has been canceled and all the parents working for him are likely trying to balance the demands of their children with the demands of this job, or that the isolation caused by the pandemic can exacerbate existing mental health issues. Nope, none of these very real concerns are mentioned, let alone validated in the email. The message — from a member of the management committee — is clear: you are only useful to the firm if you keep on billing. And if you can’t bill because there is a goddamned pandemic going on? Tough shit, figure it out yourself.
You can read the full email below:
Folks,
Just hung up with some of the restructuring SPs. There are some huge cases coming in and they have no staffing. Thanks to everyone for stepping up so far on cases.
For those that aren’t fully occupied right now, and are not on a single restructuring matter because they have been hiding, let me spell out reality for you real quick. I am seeing a ton of money being left on the table on the matters coming in and I have seen all of your hours today (from most junior associate through SP). Am pretty shocked and the math is not going to work out well for you at the end of the year.
Bacon and Larson will continue to staff folks below SP over the coming days/weeks, I will be calling SPs personally. Given the market you should feel extremely lucky to be in an institution with too much work. That doesn’t mean you have an annuity here. If you get a call or don’t have enough to do, I suggest you grab a restructuring assignment ASAP and roll up your sleeves. If it was me in 2008 I would be pre-emptively calling Doug or Adam after you read through the end of this note. This isn’t a gravy train where you can just chill and be along for the ride.
Andy
And if there was ever a question, this email makes it clear: associates are nothing more than billable hours.
When confronted with the substance of the email, Calder told Vivia Chen at Law.com:
“We’ve done above and beyond what firms have done during coronavirus. Our people are well taken care of. We’ve taken care of our people and will continue to do so.”
(Calder also told Chen, without disputing the substance of the email, “Some of that sounds genuine; some not. It seems embellished.” That screenshot though ¯_(ツ)_/¯.)
Regardless of what official COVID-19 policy the firm may have, the real life experience of associates at Kirkland couldn’t be clearer: associates should be busy making money for the firm so Kirkland can stay on top of the rankings and keep bringing in billions in gross revenue year after year. And the firm doesn’t seem to care what you are going through as the pandemic sweeps across the globe.
Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).