Mo’ Problems; Placing The Spotlight On The Mallesons Non-Partner Headcount Reduction

A few weeks ago we published two controversial reports relating to reductions in non-partner fee-earner headcount at Allens Arthur Robinson and Clayton Utz. In the Clayton Utz post, we queried whether the 13.4% reduction in the firm’s non-partner headcount was attributable to “natural attrition” – as the firm contended – or a result of coordinated redundancies – something which aligned with rumours we reported at various times over the last year.

putting the spotlight on the stats

In the AAR post we looked at the official “voluntary” redundancy statistics reported by the firm, and contrasted that figure with the total number of non-partner fee-earners that had left the firm. We speculated that the significant difference in the number “voluntarily” leaving the firm through the redundancy program and those that had otherwise departed the firm might be attributable to alleged “freeze-outs”.

Over the weekend we received the following comments from an anonymous Mallesons spy:

FS – you have reported on the 2009/2010 financial year reductions in headcount that occurred at some major corporate firms but have omitted to scrutinise Mallesons in the same fashion. What gives?

Indeed we had forgotten to get the flashlight out in relation to Notoriously BIG Aussie firm Mallesons. According to the AFR (25/6):

In the year to July 2, Mallesons non-partner fee-earner headcount will have fallen from 1070 to 843 (down 21.2 per cent, the biggest fall of the surveyed firms).

All told, that is a reduction of 227 lawyers. But the voluntary redundancy program, according to the firm, accounted for less than half that number. Morover, the AFR reported in mid-September 2009 that the redundancy scheme affected “about 110 staff, or 5% of the workforce”.

So where did the additional 117 lawyers come from? Mallesons staunchly refuted our rumour  at the time of the scheme that approximately 200 lawyers signed up for the voluntary redundancies, so on that basis, it has to be assumed that the relevant 117 additional lawyers left the firm for no payout.

Save for junior lawyers who might wish to reach a valuable “PQE” milestone to move laterally, the Firm Spy can see no logic in a lawyer deciding to leave the firm in the same year as a voluntary redundancy scheme, but choosing to do so after the voluntary redundancy scheme period. It makes no sense! Receive a healthy payout or receive no payout whatsoever? One would have thought that those populating the offices of Australia’s elite law firm would have the presence of mind to form a well-considered view on the best way to answer that proposition.

The better, more logical view we would argue must be that a degreee of pressure was exerted over some of the affected workers by their partners or management. It might have been akin to the alleged AAR freeze-out pressure.

And if this is the case, we get back to a message we delivered a few weeks ago: that Mr Milliner is conducting the Symphony of Destruction. Moreover, why would an elite university graduate throw themselves into a career at Malleons when:

From a graduate’s perspective, is Mallesons really all that it is cracked up to be? Has a partnership expectation of gobsmacking profit, and a relentless desire to maintain that profit, reached a point where the firm’s attraction to elite graduates – arguably its most important asset – is finally waning?

Or, as Notorious B.I.G would have said, is this just a case of Mallesons Mo’ Money Mo’ Problems?

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