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Law Firm

A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service provided by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to represent their clients in civil or criminal cases, business transactions and other matters in which legal assistance is sought.

* Sole proprietorship, in which the attorney is the law firm and is responsible for all profit, loss and liability;
* General partnership, in which all of the attorneys in the firm equally share ownership and liability;
* Professional corporations, which issue stock to the attorneys in a fashion similar to that of a business corporation;
* Limited liability company, in which the attorney-owners are called "members" but are not directly liable to third party creditors of the law firm;
* Professional association, which operates similarly to a professional corporation or a limited liability company;
* Limited liability partnership (LLP), in which the attorney-owners are partners with one another, but no partner is liable to any creditor of the law firm nor is any partner liable for any negligence on the part of any other partner. The LLP is taxed as a partnership while enjoying the liability protection of a corporation.

In many countries, including the United States and the United Kingdom, there is a rule that only lawyers may have an ownership interest in, or be managers of, a law firm. Thus, law firms cannot quickly raise capital through initial public offerings on the stock market, like most corporations. In the United States this rule is promulgated by the American Bar Association and adhered to in almost all U.S. jurisdictions.

The rule was created in order to prevent conflicts of interest. In the adversarial system of justice, a lawyer has a duty to be a zealous and loyal advocate on behalf of the client. Also, as an officer of the court, a lawyer has a duty to be honest and to not file frivolous cases. A lawyer working as a shareholder-employee of a publicly traded law firm would be strongly tempted to evaluate decisions in terms of their effect on the stock price and the shareholders, which would directly conflict with the lawyer's duties to the client and to the courts.

In the United Kingdom, lawyers are divided between barristers, who plead in the higher courts and give expert opinions on points of law, and solicitors who act directly for clients. Even though barristers are traditionally seen as the senior branch of the legal profession, and the most distinguished British lawyers are generally barristers, most barristers are self-employed sole practitioners (although they share facilities in sets of rooms known as "chambers", usually at one of the four Inns of Court). All the main UK law firms are firms of solicitors.

Large law firms usually have separate litigation and transactional departments. The transactional department advises clients and handles transactional legal work, such as drafting contracts, handling necessary legal applications and filings, and evaluating and ensuring compliance with relevant law; while the litigation department represents clients in court and handle necessary matters (such as discovery and motions filed with the court) throughout the process of litigation.

Structure and promotion

Law firms are typically organized around partners, who are joint owners and business directors of the legal operation; associates, who are employees of the firm with the prospect of becoming partners; and a variety of staff employees, providing paralegal, clerical, and other support services. An associate may have to wait as long as 9 years before the decision is made as to whether the associate "makes partner". Many law firms have an "up-or-out policy" (pioneered around 1900 by partner Paul Cravath of Cravath, Swaine & Moore): associates who do not make partner are required to resign, either to join another firm, go it alone as a solo practitioner, go to work in-house in a corporate legal department, or change professions (burnout rates are very high in law).

Making partner is very prestigious, especially at a large or midsize firm. Such firms take out advertisements in legal newspapers to announce who has made partner. Traditionally, partners shared directly in the profits of the firm, after paying salaried employees, the landlord, and the usual costs of furniture, office supplies, and books for the law library (or a database subscription). Partners in a limited liability partnership can largely operate autonomously with regards to cultivating new business and servicing existing clients within their book of business. However, many large law firms have moved to a two-tiered partnership model, with equity and non-equity partners. Equity partners are considered to have ownership stakes in the firm, and share in the profits (and losses) of the firm. Non-equity partners are generally paid a fixed salary (albeit much higher than associates), and they are often granted certain limited voting rights with respect to firm operations. It is rare for a partner to be forced out by fellow partners, although that can happen if the partner commits a crime or malpractice, experiences disruptive mental illness, or is not contributing to the firm's overall profitability. However, some large firms have written into their partnership agreement a forced retirement age for partners. This age can be anywhere from age 65 on up. In contrast, most corporate executives are at much higher risk of being fired, even when the underlying cause is not directly their fault, such as a drop in the company's stock price.

In the United States and Canada, many large and midsize firms have attorneys with the job title of "counsel", "special counsel" or "of counsel." These attorneys are employees of the firm like associates, although some firms have an independent contractor relationship with their of counsel. But unlike associates, and more like partners, they generally have their own clients, manage their own cases, and supervise associates. These relationships are structured to allow more senior attorneys share in the resources and "brand name" of the firm without being a part of management or profit sharing decisions. The title is often seen among former associates who do not make partner, or who are laterally recruited to other firms, or who work as in-house counsel and then return to the big firm environment. At some firms, the title "of counsel" is given to retired partners who maintain ties to the firm. Sometimes an "of counsel" is a senior or experienced attorney, such as a foreign legal consultant with experience in international law and practice, and his own clients. They are hired as independent contractors by large firms as a special arrangement, that may lead upon profitable results to partnership. In these situation an "of counsel" could be considered as a transitional status in the firm.

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