Unionizing Big Law Associates Is Tough Sell in Competitive World

Big Law partners need not fear unionization among their firms’ associate ranks despite a recently successful organizing campaign at a premier plaintiffs’ firm, industry observers say.

That doesn’t mean associates at large corporate firms lack reasons to seek a collective voice to help improve their job conditions.

The work life of Big Law associates is often defined by intense demands and expectations of 24-7 availability that can take a toll on their mental health, observers said.

“There basically aren’t limits on what an associate can be asked to do, as long as it’s legal,” said Kate Reder Sheikh, a legal recruiter in the associate practice group at Major, Lindsey & Africa. “It seems like a situation ripe for unionizing, but I don’t see it happening.”

There’s nothing strange about lawyers forming unions: legal aid attorneys and government lawyers ranging from county public defenders to federal agency attorneys have done so.

Although National Labor Relations Board precedent on the topic is limited, existing case law presents no obvious obstacles that would prevent associate attorneys in the private sector from unionizing.

Still, lawyers at for-profit firms are only just beginning to organize.

Last month, Outten & Golden LLP, a 65-lawyer plaintiffs’ law firm with offices in three cities, voluntarily recognized a union of its 24 associates.

“Over the past three decades, Outten & Golden LLP has built a reputation as a leading proponent of workplace fairness and a strong advocate for the legal rights of workers,” according to a statement from the firm. “The members of O&G United have deeply contributed to this growth and success, and both parties look forward to a productive and enduring relationship.”

Organizing at Outten & Golden followed voluntary recognition last year of a union representing a handful of associates at Segal Roitman LLP, a small labor and employment firm in Boston that represents unions and employees. That union recently reached its first collective bargaining agreement.

But for associates at large corporate law firms, a range of barriers makes unionizing attempts highly unlikely anytime soon.

‘How These People Are Wired’

Those hurdles stem from a variety of factors, legal industry observers said. They include the type of people who choose lucrative, high-stress work, frequent associate turnover, and certain fundamental aspects of the legal service industry.

Many who go to work at large corporate firms see their lives as a tournament and are always trying to outperform those in their group, said Peter Zeughauser, chair of the Zeughauser Group, a law firm consultancy.

“This is how these people are wired and how the profession—at least in Big Law—is wired,” Zeughauser said. “They don’t see common cause with one another. And an upshot of that is some associates would be afraid to organize, out of fear it would hurt their advancement in the firm.”

The pressure put on associates at large firms is coupled with high starting salaries. The median first-year base salary as of January 2023 was $200,000, according to a survey from the National Association for Law Placement.

That compensation is part of what makes Big Law associate a highly sought-after job, despite the loss of control they have over their entire schedules.

“If there’s an associate at a firm who doesn’t want to work that way, there are plenty of others who will step in line to do that work,” said Michelle Fivel, co-founder of the legal recruiting firm Hatch Henderson Fivel LLC. “It’s a very competitive industry.”

The competition is growing hotter as firms regain leverage that they lost to associates during the pandemic, industry observers said. That shift can be seen in some firms calling their lawyers back to the office after years of remote work, they said.

Yet acting individually, associates are “relatively powerful professionals” who can negotiate one-on-one with their firms—and if they’re unsatisfied, they can move laterally to other firms, said Eli Wald, a law professor at the University of Denver who studies the legal industry.

Another factor discouraging union campaigns is that associates often leave their first firms after a handful of years, either to join another Big Law firm or find work in a setting with more work-life balance, he said.

Moreover, the main complaint that presumably would motivate unionization—the 24-7 availability at the demand of a client—isn’t something that would likely change via collective bargaining because it’s a fundamental feature of the industry, Wald said.

“It’s just going to be very hard to get equity partners to give something they don’t have, which is control over time,” he said.

Greener Pastures

Although Big Law associate unionizing appears to be a nonstarter for the time being, legal industry observers said there are other private-sector lawyers who are more likely to organize.

Staff attorneys who large law firms pay by the hour may seek union representation, as could lawyers earning relatively low salaries at small firms that work exclusively for insurance companies, observers said.

The successful union campaigns at Outten & Golden and Segal Roitman suggest that associates may continue organizing outside of the Big Law setting, particularly at firms that represent workers and unions.

The union representing Outten & Golden associates says it “believes that labor unions are uniquely situated to promote workplace democracy, equity, and transparency throughout the legal profession and beyond.”

“We look forward to a historic and productive bargaining relationship with the firm, one that will undoubtedly benefit the clients and social movements we serve as workers’ rights lawyers,” Outten & Golden United said in a statement.

The associates at Segal Roitman initially began organizing over concerns about returning to the office after being fully remote, said Ryan Quinn, the associate there who serves as union president. Their new labor contract calls for associates to work one day per week in the office, while also codifying existing benefits, strengthening pay, and enhancing other benefits, he said.

“I’m optimistic other firms will follow,” Quinn said. “I’ve been in touch with associates at other firms both locally and across the country, and there’s certainly been some interest.”

For Segal Roitman partner James Shaw, the decision to voluntarily recognize the associates’ union was simple. He’s seen the benefits of unionization with his clients and figured they also could apply to his firm.

“When it works well, unionization facilitates communication between management and employees,” Shaw said. “It also boosts commitment to the firm. By having a collective voice through unionization, there’s a buy in.”