Jim Cotterman posted this thought-provoking item question on the Altman Weil Blog, and went to explicate the meaning of “equity” and “non-equity.” He noted that 85% of firms with 100+ lawyers use the non-equity structure, and that those “partners” (his use of the quote marks) are “slightly more likely to be treated as W-2 employees for tax purposes, and the range of opinions on the subject ranges from cynicism (the firm is just trying to get their PPEP up) to advocating (an alternative for seasoned lawyers who want to stay, but don’t want to become business owners).
In the annual Am Law 100/200, the following definitions are used in order to distinguish between the two types of partners: “Equity Partners are those who file a Schedule K-1 tax form and receive no more than half their compensation on a fixed-income basis. Nonequity Partners are those who receive more than half their compensation on a fixed basis.”
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