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Anonymous wrote:This is not new. And yes, if it's really to non-equity they will get their capital back. There are some firms with partial equity tiers where they might only get a portion of capital back now.
The question isn't just if they get their capital, it's when. Most firms have partnership agreements that allow them to repay capital over a ridiculously long period of time. And if a partner is de-equitized for performance reasons, s/he isn't always eligible for the return of all his/her capital.
--Senior associate
It is more and more common for firms to delay return of capital for partners jumping to other firms. But I'd be surprised if firms played games with returning capital to de-equitized partners.
Lol. You're an optimist, aren't you? Do you know any de-equitized partners? I do.
--Senior associate
Well, you are clearly all knowing since you are "Senior Associate." I am sure heaps of de-equitized partners are pouring out their souls to "Senior Associate" and other partners are giving "Senior Associate" a copy of the partnership for his perusal.
NP here. Of course this happens. They are cut throat. Remember to the other partners, one who gets deequitized has been a financial drag for a while. In that environment, bitterness and resentment builds quickly, so it is easy for those who remain to feel that those kicked out don't actually deserve to be paid back and therefore interpret the contracts in the light least favorable (ie, in the same way as for those who jump).
Does it happen, maybe. Is it the norm, no. Biglaw certainly is more cut threat today, but it is not quite as Machiavellian as you are making it out to be. Firms are generally not so bitter at people being de-equitized that they are looking to further screw them. As hard as it is to believe, many people feel bad about taking this fairly drastic (if necessary) step and are not looking to pour salt in the wounds of people who will often remain at the firm, at least for some period of time.
And, ignoring basic decency, there are reasons not to act as you are discussing. Withholding capital greatly increases the chance of litigation, both over the specific issue of withheld capital and the de-equitization more broadly. (It is employment law 101 that when you take an adverse action against someone, if you do it in as human way as possible, you reduce the chance of getting sued.)
Finally, withholding capital would raise questions as to whether the firm was having financial problems, beyond simply trying to juice PPP by having fewer equity partners. As Dewey demonstrated, concerns about finances can spiral out of control and the firm would not want to send that signal to its partners or he market.