<p>I have some of the same questions as you. This is what I understand (disclaimer - Some things may vary by firm and my understanding I have to admit is nowhere near 100% on this)</p>
<p>Firms can distribute earnings based on units given to partners/principals (PP) or on a fixed fee basis with some firms adding bonuses on top of this. ITHINK units are determined during performance reviews and are based on performance, role, responsibility and various other metrics. The units by themselves are worth nothing. When the distribution amount is determined each year, the units will be given a value, say $1,000. If the PP owns 1,000 units, that equates to distribution of $1,000,000.</p>
<p>Average PP cap contribution for the 6 largest firms was over 400k in 2007, with much of that coming from an initial buy in and the rest, depending on firm, coming from yearly contributions decided by a fixed percentage and applied to the PP’s specific distribution for that year. This doesn’t seem too bad, but it can be hard on the person trying to buy in. Most buy in funds are paid using third party loans which must be paid using after tax funds, which in essence, is contribution to an ability to receive pretax income not yet earned. This is a burden for most. </p>
<p>Each year, the firm designates one pool of money that will be distributed to PPs. throughout the year, partners I believe do not receive a salary, instead they receive a draw, somewhat similar to prepaid taxes. Based on previous performance, they are allowed to take a certain draw throughout the fy as their salary. When retiring, they withdraw their capital</p>
<p>Now, if we consider the different expenses a firm has, we will find that litigation costs are 7% of higher of total yearly revenue, which is significant, but hardly expresses the litigation burden the PP hold*. London Economics did a study to determine how fragile the big 4 are. The results were surprising considering the size of these firms. I do not remember numbers off hand - I can look into that later. One of the death threats for a firm with capital contributions making up over 75% of total capitalization means that in dire situations, if masses of PPs withdraw their capital, the firm CAN VERY EASILY FAIL!</p>
<p>*And please consider that litigation is not the only expense measure for protection, you also have to consider insurance costs which have increased substantially over the last 5 years. I am sure there are other costs, but I do not know what they are. One survey conducted by RIMS in 2006 found that liability costs are on average $.31 per $100. The big 6 firms have liability costs exceeding 20 times that of the overall economy, and when compared to other professional service firms, 17 times more. Also consider the fact that % of revenue that becomes compensation for PP’s is a smaller % than all the other major pro service firms such as consulting, law, etc (more profit less liability, YAY!!).</p>
<p>The liability is the loss of your capital. A smaller firm will have that same liability, BUT the reason they have less exposure to the liability is because they do not audit the largest public companies. These law suits can be very large and a 1 billion dollar lawsuit will not be able to be paid nor will the firm have enough insurance coverage to pay. A smaller firm obviously is highly unlikely to be exposed to such a suit. Currently, there are a few cases trying to implicate the firms as a whole which will bring even more liability. EY will have the greatest exposure because of their new global network. So if something big happened in Italy, for example, Parlamat, the litigation will also effect the DTT US and not just Deloitte’s Italian firm. Or, for example, Satyam was a huge scandal, and if things work accordingly, even though PWC US did not audit them, they may be liable if an attorney can successfully convince a judge that these firms are really just one company with different networks to protect liability. THE PLAINTIFF ATTORNEYS ARE GETTING VERY CLOSE TO DOING THIS IN SEVERAL CASES – and I can explain more on this later.</p>