Work allocation in practice: where law firms should begin

Start with a pilot, appoint a respected lead, and use results to win over skeptical partners

Work allocation in practice: where law firms should begin
OPINION
By Nikki Gershbain
Mar 20, 2026 / Share

Work allocation is one of the most consequential talent systems a law firm controls, yet despite the profession’s commitment to innovation, it operates much as it always has. Access to high-value work influences development, visibility, and client exposure, and ultimately shapes readiness for partnership and long-term retention. Research shows that a more formal system of assigning work can prevent uneven workflow, reduce both under- and over-utilization, and help mitigate attrition and burnout. I’ve written elsewhere about how informal staffing models shape career outcomes.  

Here, the focus is on what firms can do about it.  

In conversations with firm leaders, two questions repeatedly surface: how do we build a more structured system, and how do we secure partner buy-in? 

How do we build a more structured system? 

The good news is that introducing structure doesn’t require expensive technology or a large associate cohort. Some of the most effective tools are modest and low-tech, benefiting small and mid-size firms as much as national firms. Here in Canada, we’re just beginning to explore these models, even as structured work allocation has been gaining traction in the United States for years. For firms looking to move in this direction, the key is to approach the shift methodically and strategically.  

The following principles offer a practical starting point for firms that want to move away from ad hoc, relationship-based staffing towards a more deliberate and transparent model.  

Focus on the early years 

A system built for students and junior associates within the first few years of practice is not only the most pragmatic, but will also have the greatest impact. Firms that adopt structured allocation typically focus on years one through three, when skills-building is still in its early stages. It’s during these early years that relationships develop, reputations take shape, and access to opportunity drives success. By the time associates reach midlevel, those early patterns often harden into lasting labels about who has “potential”, who shows “leadership presence”, or who is “not quite ready.”  

Show proof of concept 

Demonstrating proof of concept is one of the most effective ways to socialize and normalize structured allocation. Rather than attempting firm-wide change immediately, a well-run pilot lets you test and learn with a targeted group, work through glitches, build confidence among skeptics, and pave the way for broader adoption.  

Choose tools lawyers will use 

Work allocation exists on a spectrum. Some firms are prepared to invest in sophisticated workflow platforms. Others find that simple tools – email listservs, rotation systems, or shared spreadsheets – can be just as effective. Even starting with regular capacity reports to show who is available, or partner utilization reports that surface individual distribution patterns, is better than having no system at all. 

Minimize discretion 

To ensure a genuinely balanced distribution of high-value work, close-to-universal compliance is critical. Whether you encourage this through positive incentives, or reinforce it with clear consequences, will depend on your firm's culture and leadership. What matters is that expectations are transparent, well-understood, and consistently enforced across the partnership, regardless of seniority or influence. 

Clarify development expectations 

Most partners assume that associates will organically acquire the experiences they need to progress. Because law firms have long functioned this way, the idea of a formal model may feel unnecessary or overly rigid. One way to ease into formal allocation is to build a competency framework – a rubric that outlines the skills lawyers should develop and the milestones expected at each stage of practice.  

Treat development as a shared responsibility 

Once you have a rubric, the firm needs to own it. While associate development is in part an individual obligation, firms need to share this responsibility. Leaving associates entirely to their own devices to meet their milestones reinforces the very problem work allocation is meant to solve: the power dynamics that determine who gains access to meaningful work, and who does not.  

Assign clear ownership 

Formal systems don’t sustain themselves without clear ownership. It’s important to designate someone with credibility who understands the nuances of the practice area – often a practice group leader, staffing partner, or experienced senior associate – to oversee assignments and keep work moving quickly and appropriately. Without that credibility, partners will be less likely to take the system seriously. 

How do we bring partners on board? 

Beyond implementation, the next hurdle is buy-in. Securing partner support is pivotal. Here are a few principles to consider. 

Anticipate resistance 

For many partners, anything that feels like a loss of control will be resisted. Even associates who benefit from the existing, relationship-based model may not be eager to see files allocated more broadly among their peers. Expect pushback, and plan for it with a clear change-management strategy. 

Involve partners in system design 

Rather than imposing a system from above, involve partners in the design phase. Invite rainmakers, especially, to help shape the model and serve as visible champions.  

Keep the system fast and workable 

The best system is not the most elaborate or costly – it’s the one people will actually use. Busy partners won’t embrace a process that is overly complex or slow. Prioritize usability to avoid burdening partners. 

Allow for reasonable exceptions 

The system shouldn’t be inflexible. The goal is not to eliminate partner judgment, but to ensure that opportunity is distributed thoughtfully, and that any exceptions are consistent, defensible, and requested in good faith. 

Make the business case 

Structured allocation is not just an inclusion initiative – although that dimension is fundamental. It also strengthens firm performance. When access to meaningful work for members of equity-deserving groups is uneven, not only will career outcomes be uneven, so will client deliverables. Building partner support means making both the values case – and the business case.  

Underutilized associates reduce productivity and represent unrealized investment, while a more balanced workflow produces teams that are better prepared, flexible, and resilient, and less dependent on a handful of overstretched associates.  

Investing in lawyer development is also a recruitment tool – noticed by students and capable of differentiating a firm in an extremely competitive hiring market. 

Get started, even modestly 

When it comes to work allocation, there is no one-size-fits-all solution. The firms that are making progress recognize that this approach is both operational and political. They start with what’s workable, test and refine as they go, and engage influential partners early. Structured work allocation doesn’t require perfection. It requires deliberate action. 

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