"Big Law" entered a conversation yesterday and I bit my tongue while the other people on the call went on about the things "Big Law" should be doing to promote and retain attorney talent.

Here's the thing about "Big Law" - it's a business. A big billion dollar business. And last time I checked, a whole lot of people telling "Big Law" what to do weren't "Big Law" partners, i.e. owners the business.

Shocking. I said "Big Law" is a business. Yes, law is about interpreting contracts, filing patents, merging companies, pursuing shareholder rights etc. But it's also about making a profit. Just like the corporations, private equity firms, hedge funds, banks and other private businesses "Big Law" represents.

Anything wrong with that? Anything wrong with the owners of the business - a private business - running their business the way they want to? Isn't that the way private enterprise works? Does a private company have the right to run their business in a foolish way? Absolutely.

Now, before you think I'm the varsity cheering squad for "Big Law" - there are ways the running of the business can be improved (I am a big picture efficiency freak) ....and the past 24 months of economic upheaval and uncertainty have shown how incapable many businesses are slow to adapt to change. "Big Law" like many big businesses need some advice - so if asked, here's what I'd tell "Big Law":

1. Forward motion requires flexibility. "Big Law" management structures of committees and bureaucratic approval systems don't exactly jive in an atmosphere where one needs to be nimble and responsive. Partners need to hire good managers, trust them and then let the managers get on with day-to-day management (so the partners can get back to client business).

2. Growth requires innovation. Innovators have an entrepreneurial mindset (even if working for someone else) and are willing to bring forward their ideas, voice their opinions. The entrepreneurial mindset - as a top to bottom philosophy - has generally been lacking in "Big Law". Keep your head-down, do good work, keep up the good work...does not breed entrepreneurs. And that head-down, do good work, lock-step advance model broke when colleagues were laid-off in 2008 and 2009. Speak up and innovate now? Not a chance! Why stick your neck out and paint the target on your own back?

And by the way, "Big Law", as long as you've got an "up and out" business model, people are going to have to leave. Have to as in must leave - otherwise the old advancement model breaks down. So as long as you're sticking to the old model, "Big Law" should be having much more dialog around "should I stay or should I go" (or, when should I go). Productivity and engagement are profit issues, and you are a business "Big Law".

3. Leadership requires vision. Too many "Big Law" firms are looking around to see what the other "big" firms are doing. Stop checking out the other guys - What's your firm's culture? What's your niche? What are your values and market differentiators? Does it matter what the "other guys" are doing? Nice to know, but should it become the scythe to create your path to profitability? I don't think so.

Now, as to retaining and promoting talent...let's go back to where this all started, a conversation about flex-work, part-time, LOA....

No entrepreneur builds a business on a flex, part-time, "I'm off for 6 months basis". Law is a business and lawyers need to think like entrepreneurs. Should "Big Law" have permanent associate positions? Sure, if it makes sense for the business. Would that be a great position for a someone who doesn't want the stress and commitment of being a partner? Absolutely. The old "Big Law" business model has shown some cracks during the recession, and it's time to rethink rather than hoping each day we can go back to "business as usual". Every associate who wants to continue their career in "Big Law" should be focusing on building their practice - their business. "Their business" = the clients and colleagues who want to work with them. Build your business first, be the entrepreneur, drop the employee mindset.

The "Big Law" model is not necessarily broke and is not likely to change - so work within it.

What do you think? Send your comments in 140 characters to @jkhoey