New York Lawyer
June 21, 2001

Q:
Every year, we do performance reviews in our firm. I have to deliver reviews for the associates in my department who work with me (I�m a partner, with about 10 people working with me). There�s one review I�m dreading because I just don�t like this woma. She joined us about a year ago, she�s incredibly smart and very competent, but her personality grates on me. I find her loud and obnoxious, way too aggressive even for a lawyer.

I�m worried about giving her a fair review because I know what my personal feelings are about her. Additionally, I wonder whether my personal reaction is actually fair game � are clients going to like her or want to have anything to do with her?

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A:
You don�t say whether you are a man or a woman. I bring it up because your criticism of this female lawyer�s personality might not bug you as much if she were a guy. Start out by asking yourself honestly whether you might have an issue in that regard.

If not � if all �loud-and-obnoxious-even-for-lawyers� people get on your nerves � you can move on to figuring out how to perform this review effectively. Your worry is commendable, and provides the first step for a solution. Since you know you have a personal issue with this woman, you can recognize that it might affect the review and prepare accordingly. Your goal is to give her feedback on her past performance and tips to improve her future performance. I don�t know how structured your firm�s performance evaluations are, but you can easily divide this review into substantive and stylistic concerns.

On the substantive side, you will be able to give lots of observable facts and behaviors that contribute to your sense that she�s highly competent � that�s the good news. Stylistically, it�s absolutely a valid point that, if there�s client contact in your practice area, her brassy style might turn others off. You will do her a favor if you can diplomatically get across that she might grate on clients� nerves if she behaves as she has done so far.

Doing that is tricky and must be prepared for very carefully, choosing your actual words in advance. Try to reduce what bothers you and what could bother clients to clear, observable behaviors, such as insisting on a point of view, not listening to others, talking too loudly, etc. Decide whether she has a thick enough hide to just tell her these things, or whether (as is -- surprisingly -- often the case with combative types) she�s too sensitive for direct criticism and must be handled more carefully. Remember that it�s in her best interests to know this information because she will then be a more effective lawyer (not to mention a more bearable person).

At the end of the day, of course, the question is whether this woman represents a proper fit in your firm. If you and others really can�t stand working with her, and you think clients will be turned off as well, all the great lawyering in the world won�t make up for it.

Sincerely,
Holly English
Principal Consultant, Values at Work