My firm has asked me to make a proposal for a “eat what you kill” model. I’ve not encountered this yet in my career and have no clue where to start. I’m a 9 year litigation attorney in central Florida. Any insight or advice?

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Sounds like firm is having financial difficulties. I’d start putting in applications elsewhere.

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Definitely exploring this and have been asking more questions.

Yeah I don’t understand why firms, do this. I knew I killed a lot so I opened my own firm. When I tried to join my practice with a larger one, no one could make it financially worth it.

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Thank you. You prompted me to start putting this into motion. Appreciate it!

I represent small law firms as outside General Counsel, so have seen lots of different arrangements. I’d ask them to show you what their overhead for you is so you can make an informed decision.

If they came up with this out of nowhere those are some yellow flags - I assume you’re not a rainmaker or you’d have already worked this out. Sounds like this change is for their benefit which could be good for you too.

The general idea is you’d get 1/3 of 1/3 but that’s pretty old school. After you look at their costs, cut everything you can. I’d then ask for around 40-50% of what you kill if that’s going to be your total comp, otherwise you’re better off going out on your own (assuming they’re not paying for major costs) or looking at a Fischer Broyles type firm.

DM me if you want to chat some more.

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Thank you so much for this advice. It had been helpful! The percentages ended up being pretty decent. 1/3 of collected 1/3 of originated, 2/3 if worked and originated. Or a 50/50.

Still deciding since there would be no benefits and I’d move to 1099. May be best to try it on my own until I’m ready to move back to the more-than full-time hour hurdles.

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