Associates at Outten & Golden - So, Who Says Lawyers Won't Unionize

 All 24 of the associates at plaintiff firm Outten & Golden have joined union Outten & Golden United and the firm has recognized that collective bargaining unit. Outten & Golden deals with employment issues. Here are more details from Reuters Legal.

This development could be huge. Right now there is mashup of trends. Simultaneously management has regained the upper hand post-epidemic (think RTO rapidly replacing WFH and damn WLB) and floating around is the concept of  a cap of 1,800 hours annually on an 8 AM to 6 PM schedule for associates. Here are details about the latter by Law.com.

The opposing forces in law firms make it more likely that unionization could catch on. What went down at Outten & Golden could kick off a collective-bargaining movement. Read professional networks such as Fishbowl Big Law and Reddit Big Law and what's obvious that it is career suicide to "stick up for oneself" unilaterally. Usually if there is a perceived wrong the associate leaves as a lateral.

For years the ideas of unionization in large law firms have been an eye-roller. 

Most noted that currently associates don't stay put long enough in Big Law to find such representation useful. The tenure is about two to three years. 

Another observation is that with money being so important in Big Law the associates already are getting what is a top priority. Yeah, take the money to pay off student loan debt and run. 

A third is that a union in Big Law could denigrate the branding. There is plenty of prestige associated with that unique industry and the players. New law-school graduates are willing to work the long long hours in order to have that on their resumes. Actually in an annual Vault survey associates measure the prestige factor. Most recently they have come up with this ranking:

  1. Cravath, Swaine & Moore
  2. Wachtell, Lipton, Rosen & Katz
  3. Skadden, Arps, Slate, Meagher & Flom
  4. Davis Polk & Wardwell
  5. Latham & Watkins
  6. Sullivan & Cromwell
  7. Kirkland & Ellis
  8. Simpson Thacher & Bartlett
  9. Paul, Weiss, Rifkind, Wharton & Garrison
  10. Gibson Dunn & Crutcher

Fewer eyes might be rolling now. They could be riveted on possibility. Associates, experiencing the post-COVID sense of powerlessness, could opt for a union. That option could become more attractive and less of a risk if overall demand in many practices of Big Law doesn't pick up in the near future. Layoffs, formal RIFs and stealth, are rampant. Law firm Paul Weiss has made news because 1) It is hiring and 2) It isn't laying off. Unionzation would provide some job protection. 

In addition, there is this: Generative AI is disrupting professional services. McKinsey's July 26th report "Generative AI and the Future of Work" confirms how at-risk Knowledge Economy jobs are. Either they will be radically reconfigured or go poof. 

Fishbowl Consulting is jam-packed with the woe of laid-off management consultants. Many project there will be no return to the good old days, although they are not quite certain about the extent of the impact of generative AI. 

In general, in law, management consulting, finance, accounting and more members of the workforce can decide they have nothing to lose with unionization and perhaps something to gain.

Data or the gut for your careers and communications? Both of course. Complimentary consultation with intuitive coach, content-creator, and Tarot reader Jane Genova (text 202-468-8579, janegenova374@gmail.com).


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