When a position is advertised with salary being performance-based, does that mean there'll be a base salary and upwards of the base will be performance-based? This position is for a Junior Attorney so somewhere in my head, I'm thinking it can't be that the entire compensation is performance-based. I know performance-based salary structure is common/can be ideal for partners, but is this ideal for junior attorneys? Should this be considered a red flag? Your two cents are welcome.

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You need to force them to be explicitly clear about what the structure is.

It’s common in PI (and other areas where a firm operates on a contingency basis) for there to be a lower base salary and the bulk of your comp will be derived from settlement funds or judgments recovered after winning a trial.

I’m not sure where else it crops up. You need to find out the nitty-gritty details, especially about when the bonus/performance bonus is earned (and when paid).

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Thanks for clarifying that it’s not in litigation.

I’m not sure if such an arrangement is in common usage in the transactional realm.

Do your due diligence and make the firm be clear about how it works

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