What Causes Salary Bunching?
There are several reasons that can lead to the wages of new hires coming close to (or even matching or exceeding) those of more senior peers, including:
- Competition: Despite junior lawyers often placing as much value on benefits such as work/life balance compared to earning potential, firms still need to compete with the starting salaries of rivals in order to acquire the top talent.
- Inflation: Changing economic conditions such as inflation and rising cost of living can lead to HR departments revising wage structures in line with market rates, but sometimes only applying these pay revisions to new positions.
- Insufficient Pay Reviews: Firms that fail to conduct regular reviews of salary conditions for their existing staff (e.g. due to cost-saving measures) can end up inadvertently causing pay compression.
Commenting on some of the reasons, Suzette A. Welling, CLM, Business Transformation Consultant at Affinity Consulting and a member of the Suncoast Chapter, says, “In law firms, pay compression often arises when market rates for new hires rise faster than internal adjustments for existing staff.” She notes that lateral attorney hires, “especially in competitive practice areas, can command high salaries that approach or exceed those of equally or more experienced colleagues.”
“In law firms, pay compression often arises when market rates for new hires rise faster than internal adjustments for existing staff.”
However, economic factors like inflation and increased demand for specialized talent (e.g., IP or litigation paralegals) drive entry-level and lateral pay upward, she explains. “Slow or inconsistent internal raise cycles, coupled with reluctance to adjust salaries outside of annual reviews, can exacerbate the issue, particularly in smaller firms where salary structures are less formalized,” Welling says.
International Pressures
Rising trends of globalization, with an increasingly geographically agile workforce, mean that law firms are often competing worldwide for the cream of the crop. The salary-inflating consequences of this situation are particularly evident in the UK, where American firms are offering significantly higher wages to newly qualified lawyers (NQs) compared to some of their British counterparts. For example, Gibson Dunn recently upped its pay for NQs to an eye watering £180,000 — at least £30,000 more than most of its UK rivals such as Clifford Chance.
Adam Stocker, Director of Associate Recruiting at Major, Lindsey & Africa reveals that over the past decade, some US firms have increased their UK-based employee salaries to match those based in the States, a market with drastically higher pay due to the comparative cost of the US dollar, education and other factors. In order to compete with this trend, UK firms have raised their salaries, with many UK firms “witnessing talented NQs moving to US rivals,” Stocker says. In particularly lucrative practice areas such as private equity, leveraged finance and funds, the NQ pay hike is especially pronounced, he explains.
Although this is great news for new recruits, long-serving staff whose salaries are not adjusted in line with the NQ pay hikes could end up feeling maligned.
Transatlantic Lockstep Not in Step
Pay compression is generally less of a problem in the larger US firms, at least when compared to the UK. According to Nathan Peart, Executive Director of Associate Recruiting at Major, Lindsey & Africa, this is because the lockstep system in America tends to be more standardized. “Pay compression isn’t typically an issue in major US markets within the AmLaw 200,” he says. “Compensation is often a transparent lockstep system, which offers much more standardization than the UK.”
But he notes that smaller to mid-sized firms have to grapple with it in equal measure to their counterparts across the pond. “In smaller markets, or for boutique firms, compression can arise when salaries don’t always align with the lockstep system,” he says. This, he explains, is where “firms tend to get creative to win over prospective talent.”