Law Firm Managing Partner Election Process

February 15, 2024

Law firm partner voting is a key element of appointing a managing partner – the successful partner is normally chosen during a formal election and serves a fixed term in this board position.

The correct process will depend on the firm, its internal policies, and the ownership structure. In most cases, candidates must be nominated and gain sufficient support from the remainder of the partners, with a pre-established voting threshold required.

The firm may begin by appointing a committee to manage the process, initially collating nominations, verifying the eligibility of each candidate, and then putting forward the final partners to the broader partnership pool, with votes in law firms often weighted based on equity ownership.

How to Facilitate Managing Partner Elections in a Law Firm

Elections may vary between law firms based on the size of the practice, the number of nominees for the role of managing partner, and how many equity partners exist who have the right to vote. Setting up a board committee delegates the administrative tasks linked with managing partner elections away from the broader management board. It can also be beneficial to avoid any attempts to influence the decisions of the board before the voting is scheduled.

Candidates for the managing partner role may be assessed on criteria set out in the firm’s governance documents, such as the minimum number of years worked at the practice to be eligible. Many law firms conduct thorough assessments before voting opens to ensure the candidates have the appropriate skills.

While voting may sometimes be perceived as a popularity contest, it is essential a managing partner has the capacity and knowledge to handle complex tasks and difficult decision-making. Therefore, some candidates may be excluded if they do not meet the selection criteria. Throughout this process, the board should ensure communications are clear, transparent, and accessible–ensuring all voting partners understand the time frames in place, how candidates are nominated and evaluated, and how the end outcomes will be determined.

Collecting Managing Partner Votes from Equity Partners

Generally, all equity partners with a shareholding in the practice will be asked to vote. The selection committee is responsible for sharing the details about the candidates and how they have been assessed – this should always be based on qualifications rather than other factors.

Partners may require additional communications before this stage, where the committee advises:

  • Whether candidates can self-nominate or need to be nominated by another partner
  • Weighting or preference given to certain types of nominations or those backed by more than one partner

Note that a board or selection committee should not make decisions outside the scope of its power about which nominees progress. Instead, the committee should be impartial and define the eligibility of candidates based solely on the conditions set out in the firm's policies. Once this assessment process has been completed, the committee puts forward the list of final candidates, having received permission from each partner to release their names and affirm their candidacy.

Managing the Voting Process

Firms may handle voting in various ways, but the key is ensuring all partners entitled to vote have ample opportunity. For example, closed voting held in person in one location may exclude other partners from attending and be perceived as skewing the results. Partners may be asked to vote either to choose one candidate, to rank the final candidates in order of preference, or be able to abstain if they are not in a position to support any of the nominees for managing partner.

It is important to set out the options clearly and ensure all voters understand how their votes will be counted. Digital voting software is often considered the best solution, alongside in-person voting or ballots as appropriate, providing the same access to all partners irrespective of location. Partners in the firm can be issued reminders as the voting deadline approaches, see in real-time how votes have been counted, or track the process remotely, lending transparency and integrity.

Once a managing partner has been appointed, firms may also wish to circulate a final count indicating the number of votes received and the weighting of votes against each candidate. This communication is an opportunity to reiterate the term each managing partner serves and to remind partners about the subsequent election process.

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