Pay for the Firm You Want: A Compensation Strategy for Estate Planning Law Firms 

Pay for the Firm You Want: A Compensation Strategy for Estate Planning Law Firms

The lowest salary is not always the least expensive employee, and the highest salary is not always the most costly. Compensation works when it attracts the right people, makes success visible, rewards valuable performance, and leaves the firm economically strong enough to keep investing in its team.

For most estate planning firms, a sound plan has four parts: market-based base pay, clear role expectations, transparent variable compensation, and a visible growth path. The mix should differ by role and must comply with employment law, tax rules, and the professional-conduct requirements that apply to attorneys and nonattorneys.

Compensation Is a Management System

Pay communicates what the firm values. A plan that rewards raw volume will produce different behavior from one that balances production, quality, client service, teamwork, and profit.

Begin with the job, not the person. Define the outcomes the role owns, the authority it carries, the standards that protect clients, and the measures that show whether the work is being done well. Compensation cannot repair an unclear role.

Layer One: Market-Based Base Pay

Set base wages from reliable market information for the role, geography, experience, and required capability. Tenure and cost-of-living changes may inform a decision, but they should not replace a review of market value and performance.

Base pay should support competent performance without forcing employees to depend on a bonus for ordinary living expenses. Review salary bands regularly and document why employees in comparable roles may be positioned differently.

Layer Two: A Role Scorecard

Employees need a short scorecard that reflects what they can influence. An attorney scorecard may include timely production, quality, client experience, contribution to relationships, and appropriate origination. A client-service or operations role may emphasize accuracy, turnaround, communication, process ownership, and team reliability.

Core values belong in the conversation when they are translated into observable behavior. They should reinforce accountability and collaboration, not excuse weak performance or become a vague popularity test.

Layer Three: Earned Upside

Variable compensation should reward results the employee can affect and that the firm can afford. EPiC recommends linking incentives to both individual performance and increases in net profit. That prevents a plan from rewarding revenue that arrives with poor margin, rework, or damaged client relationships.

Write down the formula, measurement period, quality gates, payout timing, and circumstances that can change the plan. Avoid a year-end bonus that feels arbitrary because no one knew what created it.

Layer Four: A Growth Path

Compensation is more credible when employees can see how responsibility, capability, and pay advance together. Define what must be demonstrated for the next level, what skills the firm will help develop, and when progress will be reviewed.

Hold regular two-way performance conversations separately from compensation negotiations. This creates room to discuss expectations, obstacles, development, and feedback without turning every coaching point into an immediate pay dispute. Then conduct a deliberate compensation review on a predictable schedule.

Keep Team Economics Honest

Firmwide labor metrics are guardrails, not individual salary calculators. We identify the current range for payroll to be 35% to 45% of revenue, with 50% or more calling for closer review. Revenue per payroll dollar is considered healthy around 2.0 to 2.5 and strong around 2.5 to 3.0.

A low ratio may indicate overstaffing, underpricing, weak workflow, or poor matter mix. An unusually high ratio may mean employees are underpaid or overloaded. Read the numbers beside profit margin, revenue per FTE, service quality, workload, and retention before changing compensation.

Five Plans That Backfire

  • Rewarding revenue without considering profit, quality, collections, or rework.
  • Giving permanent raises after one exceptional period without testing sustainability.
  • Using the same incentive design for attorneys, support staff, and operations roles.
  • Keeping the bonus formula discretionary or changing it after employees have performed the work.
  • Waiting for a resignation threat before reviewing market pay, workload, and advancement.

Pay Should Strengthen the Firm

A strong compensation plan is fair to employees and disciplined for the business. It combines competitive base pay with clear expectations, earned upside, development, and regular review. It rewards the behavior that produces excellent client service and healthy profit without confusing busyness with value.

Within EPiC Peer Groups, owners can compare how similarly situated firms structure roles, measure performance, and balance retention with sustainable payroll. The goal is not to copy another firm’s percentages. It is to build a transparent plan that helps good people succeed and allows the estate planning firm to grow with them.

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Published by Tom Fafinski

Thomas Fafinski is co-founder of EPiC and actively facilitates several of EPiC’s peer groups. He is an active estate planning and business law attorney with Virtus Law PLLC, specializing in planning for high-net-worth individuals and providing legal services to tech companies across the country and internationally. A frequently published contributor to national periodicals such as WealthCounsel Quarterly, Dakota County Tribune, Star Tribune and various newsletters, Tom has also been featured on Todd Rooker’s radio show “Cover your Assets,” and on multiple episodes of MSP Radio. He is a contributor and member of the national asset protection, tax and estate planning organization, WealthCounsel. He is admitted in State and Federal Court for Minnesota. Tom is an active real estate investor with commercial holdings with nearly $10M in holdings. Tom cherishes spending time with his family and extended family and enjoys reading mystery and suspense novels, golf, Mustangs of the ‘60s, his dogs (for the most part) and attending sporting events. He is also a die-hard Bruce Springsteen fan.

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