Do any litigation associates have any experience working for a firm that pays based on how much you bill & your billable rate as opposed to flat salary + bonus? At first blush it sounds okay but as a litigator I know there are slow periods and I’d hate to have the constant pressure of working as much as possible to not make less money during that time. I’d love to hear your stories and how that ended up working out.

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I'm on that type of pay structure and had the same fear initially. Turns out I have never had a slow period in more than a year. Litigation usually generates more work than we can handle, so we end up outsourcing. Better and less cutthroat work environment and now I'm making almost double what I used to with a fixed salary, while working 30-50 hours less per month. Never looking back!!

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You should make sure your pay doesn't depend on collection. My bonus is monthly regardless of collection and I can't imagine the stress otherwise.

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IMO, I’d rather just go work for a plaintiff’s firm

I am paid based solely on firm profits with no salary, so similar to this in that it can be very variable. I budget monthly and live below my means. I keep extra cash on hand to “pad my income” in slow months and I also live off of what I made last month (plus any supplement I give myself). It’s really not bad.

P1, why would they be breaking the law? As long as they are paid minimum wage, what is the issue?

I’ve done both. Straight salary plus small bonus at the end of year. Small salary plus a tiered % structure based on fees collected. The small salary is scary at first but if you have some savings it’s most likely the route you’ll make the most money. As long your firm doesn’t have issues collecting I would encourage taking the leap I doubled my pay after making the switch from salary to small salary plus commission.

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