By ALLISSA KLINE
Business First

Half of the top 10 law firms in Western New York have fewer attorneys today than they did a year ago.

Jaeckle Fleischmann & Mugel LLP, the fourth-largest law firm in the Buffalo-Niagara region, reported the highest number of reductions of Western New York-based attorneys, according to a list of law firms compiled annually by Business First.

The firm employs 15 fewer attorneys compared to last year. The drop represents a 19 percent reduction in the total number of attorneys at the firm.

Donna Blaufuss, marketing and public-relations administrator, said the decline is a result of the Jan. 30 closing of the firm's Rochester office, along with the December death of Adelbert Fleischmann and the recent departure of John Kolaga, who joined Buffalo-based firm Damon & Morey LLP. The Rochester office closed after several Jaeckle Fleischmann attorneys who specialized in intellectual property, splitting their time between Buffalo and Rochester, left Jaeckle Fleischmann and joined Woods Oviatt Gilman LLP, a Rochester-based firm.

Another downtown Buffalo firm, Kavinoky Cook LLP, reported a 23 percent reduction in Western New York attorneys. The firm said it now employs 20 lawyers, six fewer than it employed a year ago.

Partner Jon Gardner emphasized that none of the reductions stems from layoffs or the current economic climate.

"We just had a bunch of people leave," he said. "They moved to different firms. Our change in numbers is not indicative of anything."

Business First, a sister paper to the Buffalo Law Journal, surveys law firms every year as part of its annual Book of Lists publication. Information requested includes the number of Western New York attorneys, along with each firm's areas of practice. The firms are then ranked by the number of attorneys on staff.

This year, Hodgson Russ LLP maintains its No. 1 position with 160 lawyers, four less than the 2008 count. Phillips Lytle LLP holds steady at No. 2, with 126 attorneys, two fewer than the previous year.

Despite national trends of layoffs in the legal community, several top 25 law firms have added to their attorney roster this year. Among this year's top 10 law firms, four firms reported increases in attorneys on staff. Harris Beach PLLC and Rupp Baase Pfalzgraf Cunningham & Coppola LLC each added four lawyers. Rupp Baase, which ranked No. 10 on this year's list, was not among the top 10 law firms in 2008.

One new lawyer has been hired at Lipsitz Green Scime Cambria LLP, bringing the total number to 54, said James Scime, one of the firm's managing partners. Work there is steady and the firm recently hired a couple of new associates, Scime said.

Future hiring depends on the economy, he said.

"We hire on an as-needed basis, and I think we see ourselves as essentially holding steady," Scime said. "We may add a couple of people, and we don't anticipate laying anybody off."

Damon & Morey LLP, the third-largest law firm in the area, reported two fewer lawyers this year - 85 total - compared to 87 in 2008. Managing partner Peter Marlette said the losses are due to general turnover. The poor economic conditions mean that those positions aren't being immediately filled, he said.

"We have definitely been on a growth pattern for three years, but certainly in the last six months, because of the economy, we've kind of slowed down," Marlette said. "If an attorney leaves, we're not automatically replacing that attorney."

In addition to the arrival of Kolaga, the firm is planning another lateral hire in May and could add more lawyers as opportunities arise, Marlette said.

The firm also will hire three new associates this fall. Offers were made to those people last year, Marlette said.

Kavinoky Cook, meanwhile, is waiting for the economy to bounce back before increasing its attorney count, Gardner said.

"I would love to be hiring right now," he said. "We are substantially a business law firm, and the economy is slow. If we have the slightest uptick, we will be hiring."