Page 5 - Partnership

Partnership | MONDAY, MARCH 21, 2016 | S5

Clearly this dificult situation could eas- ciate with minimal experience in a particular

ily have been avoided. This article sets subject matter requires more highly direc-
forth ive very basic rules for the effective tive behaviors from the partner. A research-
setting of expectations that will promote based coaching model known as Situational
“in the moment” coaching and feedback Leadership II, developed by Ken Blanchard,
that law firm associates deserve. Had describes these behaviors as structure, deine,
Mr. Smith followed these rules, he would organize, teach and monitor. In practice, this
have likely avoided the perilous situation looks like:
described above.
• Deining what the goal is and what a good
job looks like

Give Assignments Suiciently in Advance
• Showing and telling how
• Establishing timelines
While all lawyers encounter unanticipated • Identifying priorities
“emergencies” such as a phone call from an • Clarifying roles—identifying responsibili-
adversary who is moving for a show cause ties, determining limits of autonomy/author-
order with temporary restraints, most of a ity, and clarifying how decisions will be made
partner’s requirements for associate sup- • Developing action plans
port are amply known in time for both the • Monitoring and tracking performance

partner and associate to avoid a “ire drill.” To avoid a misunderstanding and to
When there is a “ire drill,” especially if it encourage a successful assignment, the
was avoidable, anxiety increases, tempers partner should irst explain to the associate
may lare, the associate may not deal well what the lawsuit or corporate transaction
with the compressed timetable, and, in many is about. If the associate understands the
cases, the quality of the associate’s work context surrounding the assignment, the
product suffers. A “ire drill” may not only likelihood of the partner receiving a great
affect the associate’s performance of her work work product on schedule will inevitably
assignment. It can also affect the relationship be enhanced. In the above hypothetical,

between the partner and the associate, the Mr. Smith should explain who the parties
quality of the partner’s client representation are, what the dispute is about, what is the
and even the loss of the client.
current stage, what is his strategy for suc-
Careful planning is a partner’s best friend. cessfully representing the client, and why
Planning effectively will reduce the risk of a and how the associate’s assignment its into
“ire drill.” This requires that the assigning Mr. Smith’s strategy. While it may take a few
partner make the assignment to the associ- extra minutes for this broader explanation,
ate in as far advance of the “drop dead” due the beneit will be substantial. When an asso-
date as possible. Inevitably this will enhance ciate appreciates the full road map, she will

the partner-associate relationship, and pro- better understand the work assignment and
vide the associate with ample opportunity what work product is needed.
to complete the assignment on time and at In addition, Mr. Smith’s assignment is
a high level. The anxiety levels of both the not sufficiently defined. For example, he
partner and the associate will be minimized.
should state which body of law will govern,
The partner’s effective planning will help whether the associate should consider both
the associate to use her time management state and federal cases, whether she should
skills to complete the assignment on time. also consider statutes such as the Uniform

She will better be able to balance all the balls Trade Secret Act or the Federal Computer
being thrown at her by other law irm part- Fraud and Abuse Act, whether she should
ners. In addition, she will have an opportunity, consider patents or trademarks or other pos-
if required, to explain why she cannot meet sible forms of intellectual property, and so
the partner’s required timetable (whether due on. He may also suggest possible sources
to her workload, vacation schedule or family for legal research, such as Milgrim on Trade
obligations, etc.); the assigning partner then Secrets or a particular patent or copyright
knows to look for help elsewhere.
treatise. Providing this level of detail typi-
cally results in a higher quality associate
Attention All
Explaining the Assignment and Context
work product.

Many partners will explain the assignment Describe the Deliverable and Timeframe
Minority-Owned
just like Mr. Smith did in the above hypotheti-
cal, where he stated: “I would like you to do It is critically important that the assign-
some research into what causes of action ing partner carefully explain the nature of and Women-Owned Law Firms
exist for employee pirating and intellectual the deliverable he expects and the required
property misappropriation, and I need it in timeframe for delivery. In the above hypo-
about a week or so.”
thetical, the deliverable could be a draft

This type of assignment is fraught with brief, a legal memorandum, copies of cases On June 20, 2016, the NYLJ 100 special report of the New York Law Journal will include
problems. First, the associate will not under- (perhaps highlighted where important), an charts of the Largest Minority-Owned Law Firms and Largest Women-Owned Law
stand the signiicance of her work and the email or even just an oral report by the asso- Firms in New York state, ranked by number of permanent, full-time attorneys.
reason the partner is requesting it. Second, ciate. Whatever is required, the assigning
Mr. Smith has not suficiently deined what he partner must specify exactly what deliver-
needs, which invariably leaves the associate able he expects.
If your irm has two or more permanent, full-time attorneys, is 50 percent or more
guessing. Third, the associate may not fully In addition to specifying the nature of minority-owned or women-owned (or both), and is based anywhere in New York
understand what is expected and go down the deliverable, the assigning partner must state, please contact us for possible inclusion.

the wrong path, afraid to ask the partner for identify a deadline and perhaps a few interim
a further explanation.
deadlines, which are designed to provide the Contact: Angela Turturro, Special Sections editor,
When a partner clearly communicates his associate and him with suficient time to pre- at [email protected].
expectations to an associate, the associate pare and evaluate the deliverable, and for
is more likely to meet those expectations. the associate to do some additional work if Deadline: April 15, 2016
Work assigned to a irst- or second-year asso-
required. » Page S10