Until recently, and especially in mid-size to mega law firms, there existed two types of attorneys: the rainmakers (those who brought in the clients) and the worker bees (those who serviced the clients). Invariably, the rainmakers were better compensated than their worker bee counterparts. Yet, despite the often sizeable discrepancies in pay, the model continued―due in no small part to the fact that lawyers as a whole tend to be both risk averse and uncomfortable with selling.

Some in the legal community believe that the rainmaker-worker bee law firm model died in the late 1990s following the dot.com era. Regardless, many attorneys―and all too often women―still act as if it will perpetually exist. Shunning networking and business-development opportunities, they toil away in their offices hour after hour, day after day, year after year. Whether due to the demands of their specific practice group, parenthood, lack of mentoring, their own personal insecurities, or a combination thereof, these attorneys incorrectly assume that progress to partner depends solely on being a great lawyer. Although great lawyering is certainly important, the unemployment lines of 2009 are littered with great lawyers. Indeed, 2009 should serve as a wake-up call to women attorneys that it takes more than great legal skills to succeed.

There are several similarities between women attorneys and actual worker bees. All of the workers in a honey bee colony are female and are expected to work solely for the good of the colony. In fact, worker bees do every job in the hive except lay eggs (which is reserved for the queen). Perhaps the most depressing similarity is the bee’s relatively short lifespan―about five weeks. Worker bees literally work themselves to death, sacrificing themselves to ensure the survival of the colony.

Given this ghastly description, it is a wonder that so many attorneys should self-identify with the worker bee. If women attorneys have any hopes of achieving a longer life span in the modern law firm, they must learn to generate business. Even though most attorneys will never reach the upper echelons of rainmaking (i.e., the select few who routinely bring in several million dollars in revenue), all of us have the ability to develop a successful practice. It just takes time and commitment.

Power: The Real Nectar

According to a recent study conducted by the National Association of Women Lawyers, women currently constitute half of the first-year associate class but only about 16 percent of the equity partnership. (The numbers are slightly higher for non-equity partners.) The figures are significantly lower for women partners serving as managing partners, practice-group leaders, and on important committees (such as governing and compensation committees). In addition, according to the study, male equity partners earn, on average, over $87,000 more than their female counterparts on a yearly basis. Thus, even women attorneys who have broken the glass ceiling often remain lower-paid service attorneys.

Part of the problem is directly related to women’s smaller books of business. Rightly or wrongly, rainmakers are perceived as better leaders. Not only are these attorneys better compensated, but they also are more likely to be in positions of power in the firm. Undoubtedly, women attorneys will need to develop larger books of business should they desire to move up the leadership chain.

Alternatively, a portable book of business makes women attorneys more marketable should they desire to switch firms. Quite simply, it provides options for women who believe that their voices are not being heard.

The Queen Bee Myth: Women Can Help Other Women Succeed

Every first-year associate at a large firm has heard horror stories about the reigning “queen bees” (i.e., the handful of powerful women partners who terrorize associates to ensure their status at the top). The existence of such women, of course, is vastly overestimated. Moreover, and interestingly, there is no corresponding pejorative term for the many male partners who also fit this description.

The belief that women do not want to see other women succeed is not based in reality. Instead, the more likely basis for the perpetuation of this fallacy is the sad truth that women do not tend to mentor other women attorneys. Based on my conversations with various women attorneys at my firm, however, women’s failure does not come from a desire to see others fail so much as a concern about their own abilities to mentor. Often, women who have risen to the top did not have many female role models themselves.

This cycle can only be broken by having more women join the ranks of partner, which, in turn, is directly related to women becoming better business developers. As women become more comfortable with their status in law firms, there is every reason to believe that they will want to help those who come after succeed.

Business Development: Breaking Free from the Hive

Hundreds of books and articles have been written on the subject of business development for attorneys. A frequent and often unfounded complaint is that they provide little more than common-sense techniques for relationship building. Those who complain, however, fail to realize that there is no magic formula for business development. Just as successful weight loss requires eating less and exercising more, successful business development requires developing and cultivating relationships. Further, even common-sense techniques are inherently more difficult in practice.

While a detailed list of business-development techniques is beyond the scope of this article, a few easy-to-implement techniques include:
• Start early. Every associate needs to understand the importance of making connections from the very start. No one expects you to bring in business during your first few years, but it is critical that you position yourself for future business opportunities.
• Maintain contact with law school friends and colleagues. You never know when law school friends and/or former colleagues at work will go in-house and be in the position to refer work to you. Stay in touch. Moreover, remember and actively practice that old adage about “Do unto others as you would have them do unto you.”
• Promote yourself internally. Attorneys often assume that their colleagues know their particular practice area and skills. Even if they have a general sense―which is especially doubtful in large firms with hundreds and thousands of attorneys―they most likely still do not know your specific qualifications. Because most business comes from a firm’s existing customers, internal advertising is just as important as external advertising, and perhaps even more so. Take your partners out for coffee or lunch and get to know each other.
• Become active in organizations and community activities. Again, do not wait until you are almost a partner. Choose a few organizations or clubs, legal or otherwise, and become active. Initially, you might want to sign up for discrete projects. Over time, take a more active role in the leadership of the organization. Not only is this a great way to meet potential clients, but, more importantly, it is also a great way to give back to the community.
• Keep clients informed of relevant developments. Stay abreast of any legal and business developments that could impact your clients. Contact them to discuss how you can help.

Given the economic downturn and layoffs that have characterized 2009, women attorneys who hope to remain worker bees do so at their own peril. Like it or not, today’s reality demands that every attorney generate business. Firms with foresight understand the importance of providing business development and leadership training to attorneys early in their careers, especially to women and minorities who historically have been disenfranchised from general business development methods. Regardless of whether the firm provides such training, however, women attorneys need to take affirmative control of their own careers. Business development training is the key. As with any skill, business development requires continuing commitment, dedication, and patience. As the great Lily Tomlin once said, “practice, practice, practice.”
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Stephanie Cohen is a partner at McCarter & English, LLP, in the firm’s Newark, New Jersey office.

Published in The Woman Advocate, Volume 15, Number 2, Winter 2010. © 2010 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

See [bees-and-beekeeping.com].

National Association of Women Lawyers and the NAWL Foundation, Report of the Third Annual National Survey on the Retention and Promotion of Women Lawyers (November 2008).