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margin, buyers seek substitutes, or choose to do less, do<br />

it themselves, hire more in-house staff, outsource laborintensive<br />

work to India, etc. Well, not necessarily; in an<br />

inflationary period, you might need to increase nominal<br />

billing rates to keep the real cost of things constant. But<br />

2000-2010 wasn't exactly a boom period overall, with inflation<br />

hovering around 3%.<br />

In any event, why didn't things just implode at big law firms<br />

after 2000?<br />

• Things sucked for a couple years, but another bubble<br />

came along. The dot-coms died a grisly death, but the<br />

housing bubble was ready to take investors for a similar<br />

ride; we all know how that turned out. During those years,<br />

there was plenty of corporate work for the big firms to do,<br />

especially in new York, securitizing mortgages, creating<br />

all kinds of funky new derivatives, and so forth. In good<br />

times, investment bankers basically pay whatever bill the<br />

law firm throws their way, so in the mid-2000's housing<br />

boom years, it was raining money in those areas. Bankruptcies<br />

of the enron-WorldCom nature also kept large<br />

numbers of lawyers busy in the early-mid-2000s, as well<br />

as a boom in IP litigation corresponding with the rise of<br />

the patent troll industry. only after the housing crash and<br />

the related carnage on Wall Street did things really cool<br />

off for big law firms. The deep freeze began around 2008.<br />

• At large law firms, salaries and billing rates are the same<br />

across departments. As a matter of morale, prestige, and<br />

camaraderie, this makes sense. As a matter of economics,<br />

it's nuts. Again, thinking of efficient markets, when<br />

demand for something (e.g., securitization of sub-prime<br />

mortgages) dries up, the price charged for that work<br />

should drop. When demand for something soars (e.g., corporate<br />

bankruptcy), rates for that work should rise. nope.<br />

For the most part, a 4th-year associate in every practice<br />

area bills out at the 4th-year associate rate, and so forth.<br />

Again, why does this matter? Go back to the points about<br />

sticky billing rates and sticky salaries. Both are likely to go<br />

only one direction — up — as long as any major area of the<br />

firm is doing well and can afford to raise rates along with<br />

87

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