I (a woman) just found out that another associate (same year and male) makes 50k more than I do. He’s IP while I’m commercial litigation, but my billable rate is higher on all of my matters. Does IP really make THAT much more money than other practice areas, or am I getting ripped off?

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Your rate might be higher, but his collections are probably 100%. I know that some firms (even some big law firms did this at one point) pay IP attorneys more.

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There is a ton of money in IP. It's partially why I chose it, the Paralegals/Legal Assistants also make quite a bit more.

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Given that this person does trademark litigation, I would also be irritated. Usually it's only patent attorneys (prosecution or litigation) that tend to make more. Trademarks don't involve a specialized undergraduate degree.

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Compensation at many firms is largely a function of your dollars in the door. That’s just the way it is. If he bills more, collects more, or has some origination, then he will make more than his peers. If he generates 700k in receivables and you generate 500k, it wouldn’t really be fair or equitable to pay you both the same thing.

It could also be the case that he was more assertive and negotiated better deals while you simply accepted what the employer offered to start with. That is not necessarily unfair. The market is really what the employer offers and the employee is willing to accept.

It is usually not a good idea to compare yourself to others. It creates resentment and jealousy from within, which translates to a bad attitude and lack of cohesion.

That said, you may very well be getting “ripped off.” You have to be your own advocate sometimes. Rarely will others step in to negotiate for you. What are you billing per year? Try to find what your realization is and how much revenue you are generating for the firm. My firm is totally transparent with all of that, but some are not. If you’re making the firm a killing and you feel your compensation is not your fair share, then respectfully and unemotionally make your case for more money come review time. If your good faith efforts aren’t reciprocated, then test the waters with other firms who may value your contribution more and hence reward you financially.

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Just learned my lesson too. Confronted with my boss and he said he is trying to get the raise for me. No matter what happens at least I had the courage to stand up for myself. Will never make the same mistake again.

I don’t think it’s necessarily “IP” that makes more, I think it’s only patent attys. Is that what he is?

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Life science patent seems to be different

Advocate for yourself after your next review. Get all your stats in line. Wonder if you colleague would share his?

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