Growing your own list of matters is one of the most rewarding things you can do for your career, independence, and financial freedom. 

But, what if a senior colleague in your law firm takes your “origination credit” (the fee you should have got for winning new business)?

That's the story of many female partners and senior associates who end up being negotiated or intimidated out of collecting 100% of their origination credit. 

As a female attorney, you will be more likely to experience it according to numerous reports and based on what female attorneys tell me frequently...which is why I’m sharing it.

The problem largely goes unnoticed because 50% of firms don't have a written process for origination credit (as per a 2019 report), and even if they do, it is one of the least tracked metrics.

A couple of further reports from 2020,  and 2010, highlight an astounding percentage of women reporting some sort of dispute over origination credit: approx. 75% of white equity partners, approx. 80% of white non-equity partners, and 84% of minority women partners.

In addition, the following women reported feeling that a partner had tried to intimidate, threaten or bully them into backing down: 27% white women equity-partners, 32% white non-equity partners, and 36% minority partners.

Sample quotes from women in the report:

           My practice group leader demanded a large percentage of origination credit for a client where I had the relationship. Since he was my practice group leader, I felt intimidated to agree. 

           Senior white partner starts to have lunch with and meet with my clients—not telling me about it and excluding me from the client relationship. He then claims that he brought in the additional new work from my client, and that he is sharing one-half credit.

Why Do Women Feel Pressure To Put Up With It?

There are essentially four reasons well documented in bar association reports:

1. Because women face the “double bind” - being viewed negatively for speaking out against injustice from colleagues and being disadvantaged if they don’t. 

2. Because of an unspoken rule - that men are entitled to share credit (but women are not).

3. Because women must often work in a system that works against newcomers - One female attorney newly elevated to partner at a major US law firm recently told me that she was expected to share her originations 50/50, just because a partner had designated himself as the client contact without having done any work with them for years or being involved in the current work. 

4. Because firms are often shy to call out perceived rainmakers for bad behavior - regardless of whether that rainmaking derives from cannibalizing their colleagues. 

Here is some general guidance to help navigate your way forward: 

☞ 1. Check if your firm has an origination policy, and learn it carefully. 

☞ 2. Watch for ambiguity in the policy so that you can seek clarity ahead of time and don't get caught out. 

☞ 3. Do not get intimidated out of your fee. If you allow it to happen once, it will keep happening.

☞ 4. Hold your ground by getting clear on what’s most important → protect your book of business. It is the oxygen for your future whether you stay or leave, so guard it like a tiger while also implementing #5 and #6.

☞ 5. If you have to make a stand against a colleague for your origination, make clear, logical arguments, e.g., explain how the origination credit should be yours, use the rules (if clear), show holes in the rules (if unclear). 

☞ 6. Avoid showing emotion, even if you’re angry (and rightfully so) as that plays into the double-bind. This is why #4 and #5 are important to get in the right headspace and be assertive.

☞ 7. Vent with trusted friends, family, and trusted mentors, preferably only those who are outside of the firm. They will help keep you focused and emotionally strong.  

☞ 8. If needed, find a decision-maker who can resolve it, if you can’t get an agreement directly. Make it about the firm and its growth, as the firm will ultimately pay by chasing female attorneys away along with their clients. Everyone loses.

☞ 9. In all ways outside of arguing for your origination remain collegial and cordial. Studies show that people will view women more kindly (consciously/unconsciously) who operate in this way, even if someone else is in the wrong. 

☞ 10. Make it a priority to get this resolved as quickly as possible. Getting this right can make or break your career in a firm.