Page 4 - Law Firm Management

S4 | MONDAY, MAY 9, 2016 | Law Firm Management
| NYLJ.COM

Propping up an Associate
Sarah (with her voice quivering): “Mr.

Smith, I am so, so sorry. I really wanted to
get you a great memorandum and show you
Who Has Dropped the Ball
my ability, but when I started to work on it I
realized I didn’t really understand what you
were looking for.”
Mr. Smith: “That’s no excuse. You knew
this was for Apex, the irm’s most important
client. You also knew that this is very impor-
tant to me personally. You really let me and

the irm down.”
Sarah: “But, but Mr. Smith, I really tried
hard. I hoped that if I read some cases I might
be able to igure out exactly what you needed.
I really apologize for disappointing you.”
Mr. Smith (raising his voice and looming
over her): “Apologies don’t ix the situation.
This is dreadful. You really put me into a cor-

ner. As you can tell, Sarah, I am extremely
unhappy. You have let me down! This relects
very poorly on you.”
Sarah: “I feel really badly about all this.
Mr. Smith, I promise this won’t happen again.
Please give me another chance to help you.”
Mr. Smith: “This morning I spoke to your
colleague Jim Peters and told him what hap-
pened, that you dropped the ball. I asked

him if he could get me a memo by midnight
tonight, and he said he would. You know Jim is
really smart and fast, and he’ll come through
for sure. He always does. We call him Mr.
Reliability.”
Sarah (on the verge of tears): “I don’t know
what to say. This has never happened before.
This is not like me. Mr. Smith, how can I ix
the situation?”

Mr. Smith: “Sarah, frankly there is no way
you can ix the situation. Maybe you need to
ix yourself irst. The most important quality
in an associate is reliability, like Jim. Partners
want to know they can rely on their associ-
ates. You clearly are not reliable. You are use-
less. I don’t know about my other partners but
you are not going to get any more assignments

from me. Do you understand that?”
Sarah: “But, but . .”
Mr. Smith (moving toward the doorway
and opening the door): “Stop with the ‘but,
but, but.’ Now please get out of my ofice.
And, have a nice weekend, Sarah.”
Sarah (with tears welling up): “I’m so sorry
Mr. Smith. Really. You have a nice weekend
too.”
K
OC
Sarah leaves Mr. Smith’s ofice and heads GST
directly to the rest room!
BI
We will return to Mr. Smith and Sarah later
in this article. First, let’s consider some basic
principles that should govern the delivery discovered that a competitor of his largest extension and states, “Sarah, it is now Friday
of negative feedback to law irm associates. BY MARC S. FRIEDMAN, client, Apex Technologies, was attempting at noontime, and I still don’t have your memo.
After we examine some of these principles, NATALIE LOEB
to solicit and hire many of Apex’s key employ- What the hell is going on? Please come to
we will review the above set of facts and, AND GORDON LOEB
ees, and to misappropriate Apex’s coniden- my ofice at exactly 12:15 because we really
applying these principles, assess Mr. Smith’s tial business information and trade secrets. need to discuss this situation. It is serious.”
I
conduct and how he should have handled n a hypothetical situation in our March To prepare for possible litigation, Mr. Smith Sarah, obviously with great trepidation,
the situation quite differently.
2016 article “Improving Morale: Five Rules
summoned Sarah Simmons, a second-year promptly appears in the doorway of Mr.
Confrontation in a law irm or any work- 1
for Making Associate Assignments,” we
litigation associate, and assigned her the task Smith’s office at 12:15. Mr. Smith, who is
place is unavoidable, but it must always be introduced Eric Smith, a partner in the Labor of preparing a legal memorandum concerning behind his desk with his feet upon it, sees
done productively—some say with a “vel- and Employment group at the prominent law possible causes of action for Apex to assert. Sarah and grufly states, “Sarah, sit down
vet touch”—to improve an associate’s self- firm of Smith & Jones. Mr. Smith recently
In their conference, Mr. Smith informed Sarah please. I think you’ve done something really
esteem, even in the face of serious criticism. that he needed the memorandum “in about bad.” As Mr. Smith says that, he rises from his
Many experienced law irm partners know a week or so.”
chair, closes the door to his ofice, and stands

that if they can build their associates’ self- MARC S. FRIEDMAN is senior counsel in Dentons US. One week has passed since Mr. Jones made directly in front of Sarah, who is seated. The
esteem, those associates will work harder For more than 40 years he was the managing partner the assignment to Sarah but, unfortunately, following dialogue then occurs:
and more enthusiastically, and perform better. of a major law irm or department. NATALIE LOEB she still has not delivered a memorandum Mr. Smith: “Sarah, I am tremendously disap-
And, of course, the converse is frequently and GORDON LOEB are principals in Loeb Consulting to Mr. Smith. Therefore, assume the follow- pointed in you. I gave you a very important
true—if a partner degrades an associate’s Group, a management and leadership development ing occurs.
assignment and you totally dropped the ball.
performance, the associate’s self-esteem will
company.
Mr. Smith calls Sarah at her regular ofice
This is inexcusable. What the hell happened?”