Oklahoma Policy Statement on Compensating Associates Originating Client Business

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Multi-State
Control #:
US-L0303B
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Description

This document is a policy statement that defines the way an associate will be compensated for originating client business for the firm. It provides the percentage of fees paid to the associate, along with a "cap" amount in any given year. It also addresses carry-over amounts to the next calendar year and the issue of the associate leaving the firm.

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FAQ

How do you calculate profits per partner? Profits per partner (PPP) calculations can be simple. Take the net profits of the law firm (revenue minus expenses) and divide them by the number of equity partners.

Under the co-client doctrine, communications between co-clients and their attorneys are protected by the privilege against parties outside the joint representation but are available among the co-clients in adverse litigation.

How are Partners Compensated? Partners do not receive a salary from the partnership. Rather, the partners are compensated by withdrawing funds from partnership earnings. Partnerships are flow-through tax entities. As such, any profits or losses produced by the partnership pass through to the partners.

Other firms pay their partners compensation based upon the percentage of ownership. Others use a hybrid of these two methods, with annual pay, a bonus, and then the remaining profits split based upon ownership percentages.

In a business partnership, you can split the profits any way you want, under one conditionall business partners must be in agreement about profit-sharing. You can choose to split the profits equally, or each partner can receive a different base salary and then the partners will split any remaining profits.

In general, under the Partner Compensation Plan, participants receive a base salary and a bonus (which may be paid in cash or in the form of an equity-based award) that is linked to Goldman Sachs' overall financial performance.

Attorney-Client Privilege. A confidential communication between a client and an attorney for the purpose of seeking legal advice or representation is privileged.

When it comes to compensation, firms have several options, including providing a stipend for managing partner activities, a percentage of the firm's profits or an annual salary. As a rule of thumb, Remsen suggests that managing partners should be compensated among the top 20% of the equity partners at the firm.

Evidence Code 954 is the California statute that makes communications between attorneys and their clients privileged and confidential. This is what is known as the lawyer-client privilege (or the attorney-client privilege).

More info

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Oklahoma Policy Statement on Compensating Associates Originating Client Business