David,
I have heard of many arrangements similar to that you suggest below. Some are successful, some are not. Usually smaller size firms. However, what you are basically setting up is a small partnership agreement, with expense / revenue allocation. Someone can be the "managing" partner and take responsibility, for a larger cut of revenue / profit, but it is a partnership. Perhaps if there was a base salary and %, like below, above certain benchmark revenues / hours, it becomes more of an employee / employer relationship, IMO.
Why could this fail? When you work for yourself, and you take on the "public policy" effort at a low-bono or pro-bono rate, decide to take two vacations in a quarter, or extended weekends in the summer, it is on you, for you and your family. When there is someone that is covering the bulk of the "headache" and overhead burden, hoping to capitalize on you when you hit X target, and even more at Y target, it could lead to turbulence and friction when it becomes habitual setup.
Bottom line, it can work, with the right attitude, work ethic and mix of people. Perhaps some 6-month or 12-month review of the number allocations over the first 24-48 months. Sunset provisions in allocation tables, or preset adjustments based on over / under performance in hours / revenue, etc. Just trying to think of approaches to avoid that conflict 6 or 12 months in to the experiment.
For me, the autonomy to coach and / or attend 4-10 youth teams a year, be at each one of my children's school functions, travel with family, take extended weekends when the weather is nice is worth the autonomy and flexibility. I don't have to answer to anyone on hours, realization rate on billable, etc. Yes, if I spend 16 days in Israel with family and 5-days in the DR with the Wife, 2 months apart, billable and revenue make take a slight dip for a bit, but the balance and exchange for complete personal autonomy is golden.
Two other quick thoughts:
- I have attended formal networking groups and even started my own small networking group. Just because I am a "solo" does not mean I don't have various colleagues who are the go to person to bounce something off of when I am handling an 'insert X' matter, or partner with if the client needs a divorce coupled with a bankruptcy / immigration / FILL IN BLANK attorney [once it was IP joint-client]. It is not too different than a larger firm, in which one fellow is the account manager and main client contact, but one department handles one discipline and their colleagues other discipline needs of the client. Even when there is no need for a joint client matter, we developed a network we can run ideas and seek guidance from, as needed, etc. One group we even have setup our own private "yahoo e-mail" list, very similar to this forum.
- I have had matters or potential matters in which something rubbed me the wrong way at the initial consultation or at some other juncture. I can make a determination ethically, morally or JUST BECAUSE, this is not a file / client I want to be involved with at this time. If someone down the hall is paying my health insurance, PLI, office rent, supplies, would they want to have a say in those decisions. What happens if we disagree? When on the fence or unsure to get involved or not, once again, I will call a colleague or two and discuss [without naming PC of course]. On one occasion, I even used the ethics hotline before deciding to not take on the PC. But, ultimately, I am in control.
Hope this is somewhat helpful.
Thanks,
Jason Flynn, Esq.
Law Offices of Jason I. Flynn LLC
77 Milltown Road – Suite C-6
East Brunswick, New Jersey 08816
(732) 210-2317 Office
(201) 293-0445 Fax
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www.jasonflynnlaw.com