Workplace mentoring in the legal profession.
Lentz, Bernard F.
I. Introduction
The purpose of this article is to direct the attention of economists
to the phenomenon of workplace mentoring. There are indications that the
incidence of mentor-protege relationships in certain occupations and
industries is as high as 75 percent or more. This fact notwithstanding,
the economics literature generally (and labor economics literature
specifically) is virtually silent with respect to mentoring. By way of
introducing the subject matter to the profession, we focus attention on
mentoring in the legal profession. We are able to provide lower-bound
estimates of the incidence of mentoring among lawyers. We then propose
and discuss two explanations of the practice. In brief, mentoring
(generally) may serve to: (1) enhance the efficiency of job matching,
and (2) reduce employee turnover and enhance worker investment in
firm-specific human capital by bonding workers and firms more closely
together. At this early stage, we are able to report some evidence in
support of function (2).
In a survey of top business executives, Roche [22] found that 63.5
percent of the 1,250 respondents had a mentor, defined as "a person
who took a personal interest in your career and who guided or sponsored
you." Nearly as many of these executives (61.6 percent) had served
in a mentoring capacity themselves. America and Anderson [1] found that
53 percent of 1,050 female corporate officers surveyed reported having
had a mentor/protege relationship. The evidence suggests that
mentor-protege relationships are a common labor market phenomenon, at
least in certain occupational classifications.
Roche found that initial attachment to a mentor generally occurs
during the first five years of an individual's career. However,
since respondents who reported having such a relationship averaged 2
mentors, he noted considerable attachment to mentors during the
proteges' 6th-10th years of career. Most respondents reported that
their mentors exerted a substantial influence on their career. Those
executives who had a mentor averaged 47.3 years in age and $118,900 in
salary, whereas executives who did not have a mentor averaged 49.2 years
in age and $114,200 in salary. Finally, Roche noted that 50 percent of
executives who had a mentor reported being highly satisfied with their
career progress, while only 40 percent of executives who had no mentor
reported that level of career satisfaction.
Table I. Mentoring in the Legal Profession - 1984
Category Percent with Mentors
Private Practice 38.36
Corporate Counsel 33.82
Federal Agency 40.54
State/Local Agency 31.11
Solo Practice 13.56
2-3 Lawyers 30.94
4-9 Lawyers 39.52
10-20 Lawyers 55.80
21-30 Lawyers 38.46
31-60 Lawyers 51.25
61-90 Lawyers 57.78
90+ Lawyers 48.25
Associates 57.04
Partners 28.60
Arguably, Roche's survey suffers from selectivity problems.
Since the focus of his survey is on the mentor-protege relationship, the
response rate may be weighted in favor of individuals who participated
in such a relationship. However, even if we assume the extreme case that
none of his (2,726) non-respondents ever had a mentor-protege
relationship, his numbers imply a minimum rate of mentoring among
executives of 20 percent.
Our figures, derived from the American Bar Association's
National Survey of Career Satisfaction/Dissatisfaction, conducted in
1984, reveal a high incidence of mentoring in the legal profession. The
focus on general career satisfaction/dissatisfaction mitigates the
selectivity problem inherent to Roche's survey. One specific
question (out of many) posed was: "Do you have a mentor in your
place of work who furthers your career and gives you advice?" Note
that the question refers to the respondent currently being protege to a
mentor, as opposed to a more encompassing question asking whether the
respondent ever had such a relationship. The former undoubtedly
understates the true incidence of mentoring. Still, the figures are
illuminating.
Roughly 35 percent of the lawyers who responded to the survey
regarded themselves as proteges in this form of relationship. The supply
of mentors in a solo practice is not very great; thus the low incidence.
Well over half of all associates were proteges to mentors, as were over
one quarter of the partners. These numbers suggest that Roche may not
suffer much of a selectivity problem. With 35 percent of lawyers
reporting currently being in a mentor-protege relationship, it is not
difficult to imagine that 50-60 percent or more of all lawyers have
participated in such a relationship at some point in their careers.
The handful of empirical investigations of the impact of having a
mentor on subsequent career success find that individuals who have had a
mentor experience greater job satisfaction and earn more than unmentored
individuals. However, all of the previously-reported findings with
respect to returns to being mentored have been based on data collected
either through surveys that ask about mentorship specifically (e.g.,
Roche [22]; Ochberg, Tischler, and Schulberg [18]), or retrospective interviews (Levinson, et al. [17]; Collins and Scott [3]; and Zey [26]).
The former suffer from potential selectivity problems, the latter suffer
from small samples.
Yet numerous aspects of the mentor-protege relationship remain
unexplored. Why, for example, would senior members of an organization
ever agree to mentor junior members? Presumably, such mentoring absorbs
time and other resources commanded by the mentor which have an
opportunity cost. Why do mentored individuals experience greater career
success than unmentored individuals? Is there something inherent to the
relationship that makes the protege more productive or does mentoring
merely identify those individuals who will be more successful anyway?
Why would organizations encourage or discourage the practice of
mentoring? These questions and others have simply never been addressed
before, to our knowledge, in the economics literature.
II. Theories of the Mentoring Function
Job Matching
The M-P relationship is compatible with the theory of job matching
(Jovanovic [8; 10]; Barron, Black, and Loewenstein [2]). In a world
characterized by costly information about worker quality, firms may be
willing to invest resources in identifying high quality employees (for
our purposes, workers with high productive capacity). Similarly,
would-be employees who have high productive capacity may be willing to
invest resources in communicating to firms their high quality status.
One means of satisfying both parties' job matching wishes is
through the M-P relationship. The employee signals his quality through
his willingness to bear the cost of "training" under a mentor;
the firm invests the (unrecoverable) time of senior personnel in
identifying high quality junior employees. Since matching mistakes are
costly to the firm, the profit-maximizing firm will differentially
reward efficient matchers. Any incentive to shirk on the part of mentors
is mitigated by the reward structure (which we take to include possible
adverse career consequences of systematically misjudging the abilities
of their proteges).(1) A straightforward implication of the job-matching
explanation is that mentored individuals will experience greater
earnings and career success than non-mentored individuals. The facts, as
reported by Roche for top corporate managers, are consistent with
job-matching. The interpretation, however, is quite different. In the
management literature mentoring creates more productive workers; in a
job matching context more productive workers are identified by the
mentoring process.
Mentoring as job matching implies: (1) that individuals with
relatively high productive capacity will seek out mentors and
vice-versa, (2) that the productivity (and hence earnings) of proteges
while they are being mentored will be higher than the productivity of
unmentored workers, and (3) that earnings (and other observed measures
of career success) of mentored individuals will exceed those of
unmentored individuals. The higher earnings and greater career success
of proteges noted by Roche is consistent with implication (3). However,
the job-matching explanation is inconsistent with our observation that
25 percent of partners in law firms are proteges to mentors. We expect
that matching would be a fait accompli by the time an individual is
promoted to partner in a law firm. Moreover, if job matching was the
sole function of the mentor-protege relationship, we would expect all
new employees to be mentored. This does not occur.
Firm-Specific Human Capital
Mentoring also may be an efficient vehicle whereby firms encourage
employees to develop firm-specific human capital (SHC). Employers prefer
workers to develop SHC, because it bonds them to the firm, which implies
less turnover than occurs among workers with general human capital
(GHC). However, workers prefer to develop GHC because of its portability
across firms. To induce workers to invest in SHC, firms typically pay
some portion of the worker's acquisition cost. SHC binds workers to
firms because of the VMP loss (reflected in lower wages) implied by
switching employers and binds firms to workers because of the costliness
of replacing capital. The inverse relationship between workforce
turnover and specific human capital acquisition has been documented by
Parsons [19], Pencavel [20] and Jovanovic [9].
There is, however, a potentially nontrivial moral hazard problem with
respect to the firm compensating the individual for his investment in
SHC. If the worker's SHC is not fully transferable to another firm,
his opportunity wage is something less than his current VMP. Reneging by
the firm, in terms of not paying an individual the full value of his/her
VMP or a slower-than-justified promotion schedule, is mitigated by the
need to induce a continuous stream of workers to invest in SHC. The firm
communicates its commitment to honor its payoff promises by permitting
senior personnel to become mentors. The firm absorbs a loss equal to the
value of lost productivity (billable hours) of senior personnel during
the period of active protegeship. The firm's willingness to incur this expense acts as a Klein-Leffler [11] type of performance bond.
Although discussions of investment in SHC typically focus on possible
reneging by firms, there is always a double moral hazard problem. Even
if there is no other firm currently in existence willing to bid a
positive price for an individual's SHC, that individual always has
the option of leaving the firm and starting up a competing enterprise,
drawing upon the SHC acquired from his previous employer. This may be
doubly damaging in the context of law firms because the employee who
quits may simultaneously draw off the portion of his old firm's
client base that he serviced.
A General Model
Let [Mu] = the probability individual i, who has no mentor, is
retained by the firm in period t. For simplicity, we assume that [Mu] is
invariant across t. For an individual who retires in year R, with a
discount rate r, the present discounted value of his earnings can be
represented as:
[Mu] [integral of] [W.sub.t][e.sup.-rt] dt between the limits of R
and 0. (1)
We assume that the marginal cost of acquiring GHC equals zero and
that SHC is acquired only by transfer from mentors to proteges.(2) The
would-be protege acquires a mentor at some opportunity cost of time that
is reflected in his wage rate during the period of protegeship (from t =
0 until t = p, where p is the end of the mentoring period). We assume
that proteges earn (1 - [Alpha])[W.sub.t] during the period when the M-P
relationship is actively fostered and (1 + k)[W.sub.t] thereafter. In
addition, there is a return to SHC in the form of an increased retention
probability, ([Delta]). We assume that [Delta] depends upon the length
of time an individual receives SHC from a mentor, i.e., [Delta] = f(p),
where f[prime] [is greater than] 0 and f[double prime] is unsigned.
The general decision calculus for a new employee deciding whether or
not to become protege to a mentor is framed as:
[Mathematical Expression Omitted].
Equation (2) indicates merely that the net present value of being a
protege must exceed the individual's opportunity cost. However, the
analytic solution to the optimization problem stated in general form in
equation (2), given even simple functional forms for the variables, is
extremely complex.
The decision calculus from the standpoint of an individual
contemplating becoming a mentor is virtually identical to that of the
would-be protege. Having a protege may influence the individual's
productivity, his probabilities of retention, or both. During the time
spent as mentor, (s)he would suffer some loss of earnings, due to loss
of productivity, that would have to be more than made up for by
increased earnings and/or retention probability in future periods.
Several empirically testable propositions emerge from the human
capital development theory of mentoring. First, reported incidence of
protegeship should decline with an individual's experience. With
increasing experience (s)he is more likely to have already acquired much
of the workplace-relevant human capital, thus obviating the need for a
mentor. Second, since reduced turnover is what the firm has at stake in
encouraging development of SHC, high-turnover individuals (in the
statistical sense) are not likely to be approached by mentors. For
example, we expect that individuals with a history of changing jobs are
less likely to have a mentor than individuals with a more stable
employment history. Similarly, since young women are more likely to exit
the workforce than young men, we expect the latter to be more likely to
report having a mentor than the former. Third, during the period of
active protegeship, the protege's (mentor's) wage will be less
(greater) than his/her opportunity wage. Fourth, growth in earnings with
experience will be greater for employees with mentors than those without
mentors. Finally, turnover among mentored individuals should be lower
than turnover among nonmentored individuals.
III. Empirical Evidence Regarding Mentoring
Data
The incidence of mentoring among lawyers reported in Table I and the
empirical results reported in this section are based on responses to the
National Survey of Career Satisfaction/Dissatisfaction (American Bar
Association Young Lawyers Division, 1984).(3) A random probability
sample of 3,018 lawyers of all ages was drawn from ABA member and
nonmember lists coveting 569,706 lawyers. The sample included
individuals employed by government agencies and corporations, as well as
attorneys engaged in private practice. The survey questions addressed
aspects of the respondents' current work environment, job history,
educational background and personal characteristics.(4) The total survey
response rate was 76.9 percent; there is no evidence of any
statistically significant response bias. Hirsch [7, 18] argues that the
survey findings are "very close to being representative of the
entire legal profession."
There is a fundamental difference between the nature of a
partner's ties to a law firm and the nature of an associate's
ties to that same firm. Partnership status normally implies (partial)
residual claimancy whereas associates are employees with no claims to
the firm's profits. Tax minimization incentives may motivate
partners to not take out the full value of current-period earnings as
current-period wages (see Leibowitz and Tollison [16, 385]), but rather,
to defer some fraction of earnings until a later period. This would have
the effect of increasing measurement error in a (reported) earnings
function. For this mason, in our empirical work we distinguish between
respondents who are associate attorneys in private practice and those
who are partners in a private practice. We had information on all
variables of interest for 1,461 respondents.
Question #16 of the survey asked about the protegeship status of the
respondent: "Do you have a mentor in your place of work who
furthers, your career and gives you advice?" Note that the
respondent is asked whether (s)he currently is a protege as opposed to
asking whether (s)he had ever been in such a relationship. This wording
influences the strength of the empirical results to be reported, an
issue we discuss presently.
Factors That Influenced Whether an Individual Had a Mentor
We began our empirical investigation of the mentor-protege
relationship in the legal profession by searching for factors that were
associated with protegeship. Our general model of the choice function
included the following variables: respondent's educational
background (to test for matching), type of organizational setting (since
the absence of a profit motive in the public sector and the attenuated profit motive for corporate attorneys, given that in-house legal counsel
typically is not structured as a profit center, may mitigate the
incentive to engage in efficient matching or human capital development
through mentoring), firm size (for supply-side reasons), partnership
status (to test for both matching and SHC development), gender and
family status (to test for SHC development), experience, including
internship experience (to test for both matching and SHC development),
city size and minority status.
We emphasize the duality of the choice function; not only does a
would-be protege search for an appropriate mentor, the mentor (with the
tacit or explicit encouragement of management) chooses the protege.
Thus, demand by one party is a necessary but not sufficient condition
for a mentor-protege relationship to materialize. A double coincidence
of wants determines the incidence and duration of mentor-protege
relationships.
The specific model we estimated is identified in Equation (3):
[Protege.sub.i] = [summation of] [[Beta].sub.i][a.sub.i]. (3)
Educational Variables
[a.sub.1] TOPVERY = graduated in the top quartile from a very
prestigious school
[a.sub.2] SECONDVERY = graduated in the 2nd quartile from a very
prestigious school
[a.sub.3] THIRDVERY = graduated in the 3rd quartile from a very
prestigious school
[a.sub.4] FOURVERY = graduated in the 4th quartile from a very
prestigious school
[a.sub.5] TOPSOME = graduated in the top quartile from a somewhat
prestigious law school
[a.sub.6] SECONDSOME = graduated in the 2nd quartile from a somewhat
prestigious law school
[a.sub.7] THIRDSOME = graduated in the 3rd quartile from a somewhat
prestigious law school
[a.sub.8] FOURSOME = graduated in the 4th quartile from a somewhat
prestigious law school
[a.sub.9] VERYREVIEW = worked on the law review at a very prestigious
school
[a.sub.10] SOMEREVIEW = worked on the law review at a somewhat
prestigious school (the omitted control category is not very prestigious
law school)
[a.sub.11] LSAT = Law School Aptitude Test score
Work Experience
[a.sub.12] EXPERIENCE = number of years since respondent finished law
degree
[a.sub.13] EXPERIENCE SQUARED
[a.sub.14] #DIFFJOBS = number of different jobs respondent has had
since completing his/her law degree
[a.sub.15] SAMEFIRM = respondent's experience has been with the
same firm
[a.sub.16] PRELAW EXPERIENCE = number of years respondent spent
working after college but before going on to law school
[a.sub.17] PRIVATE INTERN = respondent interned in a private law firm
[a.sub.18] LEGAL AID = respondent interned in a legal aid clinic
[a.sub.19] GOVT INTERN = respondent interned in a government agency
[a.sub.20] OTHER INTERN = respondent interned in some other setting
Personal Attributes
[a.sub.21] FEMALE = respondent was female
[a.sub.22] MINORITY = respondent was not a white caucasian
[a.sub.23] MARRIED = respondent was married
[a.sub.24] NUMCHILD = number of children respondent indicated as
having
[a.sub.25] FEMARR = respondent was a married female
[a.sub.26] FEMCHILD = number of children a female respondent
indicated
[a.sub.27] FEMEXP = female x experience
[a.sub.28] FEMEXP2 = female x experience squared
Current Job Setting
[a.sub.29] CORPEXEC = respondent worked in an executive position in a
corporation
[a.sub.30] CORPSUPVSR = respondent worked in a supervisory position
in a corporation
[a.sub.31] CORPJUNIOR = respondent was a junior attorney in a
corporate job
[a.sub.32] CORPOTHER = respondent worked in a non-executive,
non-supervisory, non-junior job in a corporation
[a.sub.33] GOVTEXEC = respondent worked in an executive-level
position in a government setting
[a.sub.34] GOVTSUPVSR = respondent worked in a supervisory-level
position in a government setting
[a.sub.35] GOVTJUNIOR = respondent was a junior attorney in a
government job
[a.sub.36] GOVTOTHER = respondent worked in a non-executive,
non-supervisory, non-junior government job
[a.sub.37] JUNIORFIRMSIZE2 = respondent was a junior attorney in a
firm of 2-3
[a.sub.38] JUNIORFIRMSIZE3 = respondent was a junior attorney in a
firm of 4-9
[a.sub.39] JUNIORFIRMSIZE4 = respondent was a junior attorney in a
firm of 10-20
[a.sub.40] JUNIORFIRMSIZE5 = respondent was a junior attorney in a
firm of 21-30
[a.sub.41] JUNIORFIRMSIZE6 = respondent was a junior attorney in a
firm of 31-60
[a.sub.42] JUNIORFIRMSIZE7 = respondent was a junior attorney in a
firm of 61-90
[a.sub.43] JUNIORFIRMSIZE8 = respondent was a junior attorney in a
firm of 90+
[a.sub.44] PARTNRFIRMSIZE2 = respondent was a partner in a firm of
2-3
[a.sub.45] PARTNRFIRMSIZE3 = respondent was a partner in a firm of
4-9
[a.sub.46] PARTNRFIRMSIZE4 = respondent was a partner in a firm of
10-20
[a.sub.47] PARTNRFIRMSIZE5 = respondent was a partner in a firm of
21-30
[a.sub.48] PARTNRFIRMSIZE6 = respondent was a partner in a firm of
31-60
[a.sub.49] PARTNRFIRMSIZE7 = respondent was a partner in a firm of
61-90
[a.sub.50] PARTNRFIRMSIZE8 = respondent was a partner in a firm of
90+
(solo practitioners are the omitted control category)
[a.sub.51] PETITCITY = respondent lived in a town whose population
was 25,000-49,999
[a.sub.52] SMALLCITY = respondent lived in a town whose population
was 50,000-249,999
[a.sub.53] MEDIUMCITY = respondent lived in a town whose population
was 250,000-1,000,000
[a.sub.54] LARGECITY = respondent lived in a town whose population
was over a million
(population less than 25,000 is the omitted control category)
We looked for a number of relationships to hold. For supply-side
reasons we expected incidence of protegeship among solo practitioners to
be significantly less than the reported incidence among respondents
working in any type of multi-attorney setting. In solo practices there
is, by definition, no other within-firm attorney to mentor the
respondent. In any other multi-lawyer setting (private practice,
corporate or government) there are attorneys that one might approach to
serve as a mentor. We suspect that transactions cost considerations
limit the incidence of mentoring by someone from a different firm.
We expected PROTEGE to be influenced positively, on the demand side,
by predictors of productive capacity (such as LSAT scores, whether the
individual worked on the law review and his/her academic performance at
prestigious law schools) and previous experience (such as relevant
internship experience). That is, would-be mentors choose as proteges
those individuals who enter the finn with certain credentials from law
school that indicated high productive capacity. However, we expected
respondents with a history of switching employers to be viewed as
unattractive proteges by potential mentors. Thus we expected incidence
of protegeship to be related negatively to the respondent's number
of previous employers (#DIFFJOBS).
Table II reports logistic regression estimation results for
protegeship status, where 1 = protege. Variable means for proteges and
nonproteges are detailed in Appendix A.
Our expectation about the (negative) relationship between general
experience in the law and incidence of current protegeship was amply
borne out by the data. However, the fact that an individual had spent
his/her entire career with the same law finn had no significant bearing
on [TABULAR DATA OMITTED] the probability of protegeship. This suggests
that the important human capital transmitted from mentor to protege
consists of general legal skills, as opposed to informational and power
structure networks within the firm.
The regression results indicate that the probability of being
mentored does not differ significantly between highly credentialed individuals and employees without such credentials. With the exception
of serving on the law review at a somewhat prestigious law school (which
is negatively associated with having a mentor), none of the educational
or internship variables demonstrates a significant impact on the
probability of having a mentor. Thus we find no evidence, at this stage,
that mentoring serves a matching function.
Jumping ahead to Table III, we note that certain employee
characteristics are associated with positive wage differentials,
including whether the respondent graduated from a very prestigious law
school in the top quartile of the class, whether the respondent
completed an internship with a government agency or served on the law
review at a somewhat prestigious law school, and LSAT scores. Other
employee characteristics are associated with negative wage
differentials, including graduating in the fourth quartile of a very
prestigious or somewhat prestigious law school class and serving a legal
aid internship. The former credentials apparently identify workers who
are highly valued by the firm, presumably because their productivity
significantly exceeds the productivity of workers without these
characteristics. The converse presumably holds for the latter type of
credentials.
It is not unreasonable to suggest that, in a matching-based model of
mentor/protege relationships, would-be mentors would screen for talented
new attorneys on the basis of their performance in law school, with the
mentor serving as a more intense judge of good matches. Perhaps would-be
mentors do make such offers. However, for the junior attorneys with
strong educational credentials the returns from being mentored arguably
will be lower than for junior attorneys without these credentials. This
assumes, as we show in Table III, that in the large, performance in law
school is strongly related to subsequent performance on-the-job. Thus,
the best and brightest law school students are high opportunity cost
workers; their greater ease of exit from their current employer to
another by itself helps guarantee proper treatment by their current
employer, in a world without mentors. This suggests that an adverse
selection process may be at work, with some fraction of the very best
junior employees turning down offers to serve as proteges to senior
members of the firm.
By the same token, the less obviously talented junior attorneys
probably have the most to gain from being mentored, but potential
mentors may be reluctant to service these individuals. We are unable, at
this stage, to separate the demand-side effects from the supply-side
effects empirically. [TABULAR DATA OMITTED] Our limitations in this
respect mitigate our finding empirically a significant relationship
between Protege status and these matching variables.
None of the variables that focus on the race, gender or marital
status of respondents demonstrate a significant impact on the
probability of having a mentor. In separate, but unreported,
regressions, we found no evidence of discrimination in Protege status
against lawyers over age forty or those who attended law school at night
with respect to incidence of mentoring. These results are available upon
request.
The results presented in Table II also reveal that, as expected,
mentor-protege relationships are much more prevalent among lawyers
working in a multi-lawyer setting than among solo practitioners.
Moreover, the pattern of coefficient estimates suggests that more
mentoring occurs in private practice law rinns than among corporate or
government attorneys and that incidence of protegeship is surprisingly
high among partners in private practice. This is surprising because the
matching and human capital development functions are not likely to be
relevant for partners. We investigate this phenomenon more closely in a
separate paper (Laband and Lentz [14]).
Earnings
We turn our attention next to the impact of having a mentor on
earnings. As reported previously, Roche [22] found that mentored
corporate officers earn, on average, more than their unmentored
colleagues. Strober [24] reported no differences in earnings of mentored
versus unmentored individuals, based on a survey of 251 MBA graduates
from Stanford University in 1974. Roche's work suffers, at a
minimum, from selectivity problems. Although the women respondents in
Strober's sample worked significantly fewer hours than men and
reported a higher rate of protegeship, she only examined possible
differences in annual earnings. We suspect that this cuts against
finding significant differences that might exist with respect to hourly
earnings. Neither author controlled in a rigorous fashion for experience
and other variables that might influence reported earnings. Although we
think that a good theoretical case exists for expecting mentored
individuals to earn more than unmentored individuals (with ceteris
paribus conditions in effect), no previously-reported empirical evidence
that we are aware of supports the theoretical argument rigorously.
In the ABA Survey, earnings in 1983 were reported as a series of (8)
category variables, ranging from less than $15,000 to $200,000 or more.
We constructed a continuous earnings variable by taking the midpoint of
each category for categories 1-7, and assigning $200,000 as annual
income for respondents who reported earning at least that much.
Respondents also reported (as a continuous variable) the number of
hours worked per month that were "considered by you or your
employer to be part of your employment/job regardless whether defined as
"billable" or not. We multiplied the reported number of hours
worked per month by 12 to obtain hours worked per year. We adjusted this
figure by subtracting out vacation hours, calculated by multiplying the
reported number of weeks of vacation time actually taken by the number
of hours worked per week (pro-rated from hours worked per month). This
should be a fairly close estimate of actual hours worked per year.
Simon and Warner [23] provide the intellectual foundation upon which
we based our expectations regarding the relationship between protegeship
and wages. To the extent that mentors help to match proteges with jobs,
through what Simon and Warner term a "referral" process, the
per se impact of having a mentor should be to increase earnings of those
individuals relative to the earnings of unmentored individuals. If, on
the other hand, mentors transmit general and specific human capital to
their proteges, some earnings loss for proteges relative to nonproteges
is implied. This earnings loss derives from the lost productivity
experienced by proteges during the time they spend engaged in the human
capital transmission process. These two theoretical constructs are not
mutually exclusive. A young attorney might signal his/her suitability
for a job by agreeing to be trained by a mentor. Thus an empirical
finding of no impact of having a mentor on earnings might reflect the
co-mingling of a positive screening effect and a negative opportunity
cost impact.
With respect to the impact of experience on earnings our expectations
were less ambiguous. If mentoring performs a job-matching function only,
we should observe lower returns to experience among proteges as compared
to nonproteges (Simon and Warner [23]; Corcoran, Datcher and Duncan
[4]). That is, matching implies differential starting wages, not
differential returns to experience. However, to the extent the
mentor-protege relationship serves as a vehicle for transmitting human
capital from the former to the latter, we should observe differential
returns to experience, for the protege, during the period of
protegeship. To be precise, the necessary condition for observing
statistically significant returns to protegeship experience is that
proteges receive human capital that otherwise identical nonproteges do
not receive and/or proteges receive the same human capital at a faster
rate than otherwise identical nonproteges.
We generally expected attorneys working in the private sector to cam
more than those working in the public sector. Among the attorneys in
private practice, we expected partners to earn more than associates. We
also expected measures of the respondent's academic performance
while in law school and his/her internship experience to influence
earnings, in a positive manner. That is, we expected respondents who
graduated in the top quartile of their class to earn more than those who
graduated in the 2nd, 3rd and 4th quartiles; those who graduated in the
2nd quartile to earn more than those who graduated in the 3rd and 4th
quartiles, and so on. We also expected earnings to be positively related
to city size, for cost-of-living reasons.
Table III reports results of least squares regression estimation of
the determinants of (log) hourly earnings, defined as annual earnings
divided by number of hours worked per year.(5) Earnings were measured
per hour worked as an automatic control for work effort.
Proteges per se received lower hourly earnings than unmentored
individuals. The coefficient estimate for PROTEGE is shown to be
significant at nearly the 5 percent level. However, due to the presence
of multicollinearity between PROTEGE and other explanatory variables
(principally EXPERIENCE), the variance inflation factor for PROTEGE is
5.482, which means that the standard error calculated for this estimated
coefficient is inflated by 2.34 times.(6) This suggests that the true
statistical significance of the PROTEGE variable may be considerably
greater than the reported significance level. In additional, but
unreported, regression analyses, we found no evidence of significantly
different annual earnings between mentored and unmentored respondents.
Rather, proteges' work effort, in terms of the number of hours
worked per year, exceeds that of nonproteges.(7) This finding is
consistent with our assumption of an opportunity cost of training during
the period of active protegeship.
The regression results reveal the expected positive and diminishing
returns to experience. Hourly earnings increase at a little less than 8
percent per year and peak at approximately 31.5 years of experience. On
top of these returns, however, proteges exhibit additional positive but
diminishing returns to experience with a mentor (protege x
experience).(8) The variance inflation factor for PROTEGE x EXPERIENCE
is 14.331, which means that the standard error calculated for the
coefficient estimate is inflated by 3.79 times; the standard error
around the coefficient estimate of the squared term is inflated by 2.81
times. Again, this suggests that the true statistical significance of
the PROTEGE x EXPERIENCE variables may be considerably greater than the
reported significance level. Since the greater work effort of proteges
is controlled for by the PROTEGE variable, and passive acquisition of
human capital is controlled for by the EXPERIENCE and EXPERIENCE SQUARED
terms, the significant returns to experience with a mentor evidently
results from the mentored respondent's enhanced productivity. We
can only assume that this reflects general and specific human capital
acquired from the mentor. Our findings in this regard clearly support a
human capital transfer function for the mentor-protege relationship.
The matching function, by contrast, implies no positive differential
earnings growth with experience for mentored individuals as compared to
unmentored individuals. Indeed, a matching explanation of mentoring
implies lower earnings growth for proteges than for nonproteges. Since
the only difference between matched and unmatched workers is the
firm's uncertainty regarding the workers' productivity,
matched workers, about whom the firm's managers have less
uncertainty, receive higher starting salaries. Since there are no
productivity differences between the two groups, earnings growth, as a
percent of starting pay, should thus increase faster for the unmentored
individuals. Thus our results on hourly earnings do not support a
matching function for mentoring but do support a training function
and/or a bonding function vis-a-vis the firm's commitment to reward
productivity.
Other variables in the regression estimation conform to our general
expectations. Solo practitioners earned significantly less than every
other category of attorney with the exception of junior attorneys in
private firms with 2-3 members. The relative sizes of the coefficient
estimates suggests that both corporate and private practice attorneys
earned more than public sector attorneys in 1983; with compensation for
both associates and partners in private practice showing an upward trend
as firm size increases. There is a positive relationship between city
size and hourly pay.
Respondents who were in the bottom quartile of their law school class
at very prestigious and somewhat prestigious law schools earned less
than respondents who did not attend those law schools. By the same
token, respondents who were in the top quartile of their class at very
prestigious law schools earned more than respondents who did not attend
very or somewhat prestigious law schools. Earnings were positively
related to the respondent's LSAT scores, his/her having been an
intern in a private practice law finn or in a public sector agency and
working on the law review at a somewhat prestigious law school.
Turnover
We argued previously that the M-P relationship may serve to cement long-term relationships between workers and firms by increasing
workers' investment in firm-specific human capital. We used two
questions included on the Survey to shed empirical light on this
proposition. One question was phrased, "do you plan to change your
employment within the next few years?" Those respondents who
answered this question in the negative, were then asked, "if you
felt you had a reasonable alternative option, would you change your
employment?" We collapsed these two questions into one variable
which was assigned a value of one if respondents either planned to or
were willing to change employment for any reason. Table IV reports
logistic regression estimation of this respondent attachment variable.
We expected proteges to report greater attachment to their firms, i.e.,
to observe a negative sign on the PROTEGE coefficient.
The significant, negative sign on PROTEGE in the attachment model
indicates that mentored individuals at least say they will be more loyal
to their firms than nonmentored individuals. We suspect this is true for
complementary reasons. The protege likely develops at least some
specific human capital that is nontransferable to other firms. By
itself, this is not sufficient to induce loyalty, as the firm may renege
on promises to reward the individual for investing in SHC. It is the
firm's willingness to absorb some loss of productivity by the
mentor during the protegeship period that serves to guarantee its good
intentions vis-a-vis proper compensation of the protege, thus making the
investment a positive net present value project for the protege. The
more significant the general human capital component of the job relative
to specific human capital, the greater the need for a mechanism that
bonds workers to firms and vice-versa.(9)
Our findings on loyalty to the firm are consistent with Roche [22],
who found that unmentored executives reported a willingness to change
jobs substantially in excess of the reported willingness [TABULAR DATA
OMITTED] to change jobs among mentored executives. Similarly, both
Dalton, Thompson and Price [5] and Kram [12] found that mentoring
reduces turnover among young professional corporate managers.
IV. Concluding Comments
We have argued that the mentor-protege relationship may be an
efficient means for firms to (1) induce junior employees to invest in
acquiring general and firm-specific human capital, thus (2) reducing
employee turnover (enhancing employee loyalty). Our findings of positive
differential returns to experience among mentored individuals and
negative per se returns to being mentored provides indirect evidence
that proteges are trained by mentors. We also find that mentored
individuals are less likely to leave the firm given a viable alternative
option (i.e., they are more loyal); this also is consistent with a human
capital development function for the mentor-protege relationship.
As we noted previously the protege identification question asked on
the survey is framed so as to understate the true incidence of mentoring
in the legal profession.(10) We can identify only those individuals who
had a mentor when the survey was administered, not those who ever had
one. Some fraction of the respondents who reported having no mentor
undoubtedly had a mentor at some point in their legal career. This
under-reporting of overall mentoring works against our finding
significant differences between the two groups of individuals.
Consider the search for possible earning differentials. If, as our
data seem to indicate, mentored individuals experience greater earnings
than unmentored individuals, the inclusion of unidentified but mentored
individuals in the group identified as not currently having a mentor
implies that measured earnings of that group exceed the true earnings of
unmentored individuals. Any estimated earnings differential between
mentored and unmentored individuals will be smaller than the true
differential. Our consistent findings with respect to the impact of
being mentored on earnings and attachment to the firm are all the more
impressive given the imprecision in identifying mentored individuals.
Future research might profitably focus upon the period of active
protegeship for clues to the function of the M-P relationship. For
example, we would expect that if human capital augmentation is the
primary function of the relationship, then faster learners ought to be
proteges for less time than slower learners. Similarly, drawing from our
previous work on occupational following in the legal profession (Laband
and Lentz [13]), we would expect fewer second (or nth) generation
lawyers to contract with mentors for human capital augmentation reasons
regardless of where they work. In the context of the family law firm,
nth generation lawyers would be even less likely to be proteges, since
their family ties serve a bonding function equivalent to contracting
with a mentor. Similar implications fall out with respect to incidence
of mentoring.
Appendix. Variable Definitions and Means (All Attorneys, Proteges,
Nonproteges)
PROTEGE: Respondent indicated (s)he was currently a
protege (.33, 1, 0)
EXPERIENCE: Number of years since receipt of the JD/LLD
(9.91, 5.19, 12.27)
FEMALE: 1 = female; 0 = male (.17, .19, .16)
MINORITY: Respondent a member of a minority (Black,
Hispanic, Oriental) (.02, .02, .03)
HOURLY WAGE: (23.98, 19.54, 26.58)
ANNUAL HOURS: Hours worked per year (2359.98, 2420.02, 2324.36)
MARRIED: Respondent was married (.72, .67, .74)
NUMCHILD: Number of children respondent had (1.32, .89, 1.53)
#DIFFJOBS: Number of different jobs held prior to respondent's
current job (1.54, 1.14, 1.74)
VERYVIEW: Respondent worked on the Law Review at a very
prestigious law school (.05, .04, .05)
SOMEVIEW: Respondent worked on the Law Review at a somewhat
prestigious law school (.10, .11, .10)
TOPVERY: Respondent placed in the first quartile
academically at a very prestigious law school
(.10, .09, .11)
SECVERY: Respondent placed in the second quartile
academically at a very prestigious law school
(.09, .09, .08)
THRVERY: Respondent placed in the third quartile
academically at a very prestigious law school
(.03, .03, .03)
FOURVERY: Respondent placed in the fourth quartile
academically at a very prestigious law school
(.01, .01, .01)
TOPSOME: Respondent placed in the first quartile
academically at a somewhat prestigious law school
(.20, .22, .19)
SECSOME: Respondent placed in the second quartile
academically at a somewhat prestigious law school
(.16, .16, .16)
THRSOME: Respondent placed in the third quartile
academically at a somewhat prestigious law school
(.07, .07, .07)
FOURSOME: Respondent placed in the fourth quartile
academically at a somewhat prestigious law school
(.02, .03, .02)
LSAT: Respondent's score on Law School Aptitude Test
(542.55, 592.82, 517.29)
PRIVATEINTERN: Respondent did a legal internship in a private law
firm (.54, .66, .48)
GOVT. INTERN: Respondent did a legal internship in government
(.22, .26, .20)
LEGALAID: Respondent did a legal internship in a legal aid
clinic (.16, .17, .16)
OTHERINTERN: Respondent did a legal internship in some other
context (.16, .15, .16)
CORPEXEC: Respondent was in an executive position in a
corporation (.03, .02, .04)
CORPSUPVSR: Respondent was in a supervisory position in a
corporation (.02, .02, .02)
CORPJR: Respondent was a junior attorney in a corporation
(.04, .06, .03)
CORPOTHER: Respondent was in a non-executive, non-supervisory,
non-junior position in a corporation
(.00, .00, .00)
GOVT.EXEC: Respondent was in an executive position in a
government agency (.01, .00, .01)
GOVT.SUPVSR: Respondent was in a supervisory position in a
government agency (.03, .02, .03)
GOVT.JR: Respondent was a junior attorney in a government
agency (.01, .01, .02)
GOVT.OTHER: Respondent was in a non-executive, non-supervisory,
non-junior position in a government agency
(.06, .06, .05)
JRFIRMSIZE2: Respondent worked in firm having 2-3 lawyers
(.02, .05, .01)
JRFIRMSIZE3: Respondent worked in firm having 4-9 lawyers
(.08, .13, .03)
JRFIRMSIZE4: Respondent worked in firm having 10-20 lawyers
(.05, .09, .03)
JRFIRMSIZE5: Respondent worked in firm having 21-30 lawyers
(.02, .03, .01)
JRFIRMSIZE6: Respondent worked in firm having 31-60 lawyers
(.03, .06, .02)
JRFIRMSIZE7: Respondent worked in firm having 61-90 lawyers
(.02, .04, .01)
JRFIRMSIZE8: Respondent worked in firm having 90+ lawyers
(.05, .08, .03)
PARTFIRMSIZE2: Respondent worked in firm having 2-3 lawyers
(.09, .06,. 11)
PARTFIRMSIZE3: Respondent worked in firm having 4-9 lawyers
(.09, .07, .09)
PARTFIRMSIZE4: Respondent worked in firm having 10-20 lawyers
(.04, .06, .03)
PARTFIRMSIZE5: Respondent worked in firm having 21-30 lawyers
(.01, .00, .02)
PARTFIRMSIZE6: Respondent worked in firm having 31-60 lawyers
(.02, .02, .02)
PARTFIRMSIZE7: Respondent worked in firm having 61-90 lawyers
(.01, .01, .01)
PARTFIRMSIZE8: Respondent worked in firm having 90+ lawyers
(.03, .03, .03)
PETITCITY: Firm is located in 25,000 [is less than] Town
[is less than] 49,999 (.08, .06, .09)
SMALLCITY: Firm is located in 50,000 [is less than] Town
[is less than] 249,999 (.21, .21, .21)
MEDIUMCITY: Firm is located in 250,000 [is less than] Town
[is less than] 1,000,000 (.24, .28, .22)
LARGECITY: Firm is located in Town [is greater than] 1,000,000
(.25, .32, .21)
1. Fitt and Newton [6] recognize the potential adverse consequences
to the mentor from poorly identifying the capabilities of their
proteges: "The mentor accepts a big risk that the protege's
performance may fail to meet expectations. In this case, his peers and
superiors may question his judgment."
2. These results are consistent with Roche's [22] findings. He
reports: "In ranking the characteristics most important for a
mentor to have, respondents gave the highest value by far to a
mentor's 'willingness to share knowledge and
understanding'."
3. The data utilized in this study were made available (in part) by
the Interuniversity consortium for Political and Social Research. The
survey was conducted by Ronald L. Hirsch. Neither the original collector
of the data nor the Consortium hear any responsibility for the analyses
or interpretations presented here.
4. The questions pertaining to current work experience included
number of hours worked per week, tasks performed, type of law engaged
in, compensation, vacation days allowed and taken, size of firm,
treatment by superiors and plans to change employment, to name a few.
The respondent was not asked to identify his/her current employer or to
rank the prestige of the organization.
5. To check the sensitivity of our results to estimation technique,
we also estimated the earnings equation using an ordered logit technique, given the categorical nature of the dependent variable. Like
Ribitzer and Taylor [21, 35], who used the same data set that we
employed, we found the ordinary least squares estimation results and the
ordered logit results to be nearly identical. We also estimated
selectivity-adjusted earnings functions, only to find that the
coefficient estimate of the selectivity variable was consistently
insignificant. We do NOT report results of an earnings decomposition because our inability to identify proteges in the post-protege period
necessarily implies that returns to experience for each group will be
mis-estimated. White's [25] test statistic for homoskedastic error
terms is a chi-square equal to 1217.57, with 1226 degrees of freedom; we
fail to reject the assumption of homoskedastic errors.
6. In determining the variance inflation factor for explanatory
variables, each regressor is regressed against all other regressors,
with a unique R-square value calculated for each one. The variance
inflation factor for explanatory variable i equals: [Mathematical
Expression Omitted]. For further discussion, see Lardaro [15, 445].
7. These results are available upon request.
8. The test statistic for the test that the coefficients on Protege,
Protege x Experience and Protege x [Experience.sup.2] exert a jointly
significant influence on earnings is a chi-square equal to 21.7962,
which is significant at the .01 level.
9. We investigated empirically the relative importance of general
versus specific human capital in the legal profession, by estimating the
returns to experience (GHC) and tenure with the same firm (SHC) for
attorneys in private practice. Estimated returns to experience were
sizable and significant; those for tenure were not. These findings
suggest that general human capital is of greater importance than
specific human capital, at least among this subset of attorneys.
10. Strober's survey question is framed similarly to ours:
"In your current job, do you have a mentor (or mentors), that is, a
person in a higher position in your company who is particularly helpful
and supportive to your career?" Fifty-two percent of the women and
46 percent of the men respondents reported that they had a mentor.
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