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Threaten to go to a med mal defense firm unless they start giving you a cut of the action on successful cases. Lower salaries are normal for plaintiffs lawyers but I would expect at least a bonus if not a % cut of a successful contingency for cases you work on. Either that, or higher base salary.
I don’t see a reason to skimp you. At least in my jx, med mal plaintiffs lawyers are swimming in money.
Tell them if it weren’t for the pay that you’d never want to leave! That sounds convincing to me.
It’s hard to find good med mal associates because the work is so experience based. And even harder to find good associates that also bring in business. You deserve at least a small piece of the contingency pie or a base salary raise.
I am wondering the same thing myself- making nowhere near that, but I receive 1/3 of the law firm’s 1/3 for the cases that I settle, and 1/2 of the firm’s 1/3 for cases that I bring in myself. However, I don’t get that extra compensation until I make the firm $100k in settlements. Wondering if that sort of annual threshold is normal, especially compared to the lower salary.
I’m at a small firm in a big city and only a first year attorney, if that makes a difference.
At least you're getting something on cases you settle (eventually). I only get a % of cases I bring in, but I am closer to the salary in the original question (though in NY, HCOL area)
Are you a first year associate or in your first year in this firm? Is it a big plaintiff's firm or a small one? If you were a first year associate, particularly at a small office, I would say 75k is not unreasonably low. Compensation in the early years of plaintiff's work is generally lower than defense jobs but the upward trajectory is better plaintiff's side as you progress. If you are bringing in clients you should be getting between 1/3 and 50% of the fee on those cases. And you should expect (in non covid times) a yearly bonus on top of your salary.
I am a few months post first year. Our firm has roughly a dozen attorneys.
In my experience, the base salary means less than what your cut is on the cases you win. Are you thinking you’re on the low end of compensation based on your total take home pay, or just your base salary? If it’s just your base, but you make good money on the cases you win, I’d let it go.
So right now it’s the general low intake overall. I don’t get any percentage of the cases I resolve that I haven’t personally generated.
I would frame it as you want to sit down and discuss the year for a performance and salary review. Say you're hoping that you can do this every year or so. It'll allow him/her to reflect on your value beforehand and then the salary discussion comes up as well. But be prepared to explain why you think you're worth X and if they have issue with it then ask what you're not doing now that would allow you to receive X. If you're creating significantly more value than your salary they should consider it because you've established your worth and retraining or hiring someone else is a roll of the dice.
Great advice. Thank you!
Where is everyone working that’s responding here?
College town Florida, 70 base, 25% origination on my referrals, quarterly bonuses based on performance but not transparent cut of cases settled. Been able to grow income by about 15-25% each year for 3 years networking my butt off. I’m at about 140 now take home with a great work life balance. I’d trade a lower base for higher % on origination and/or % of all settlements. Gives you motivation to work the firms cases not just go out and find your own