New York Lawyer
October 4, 2001

Q:
I am a partner working with an associate who, to put it kindly, is very enthusiastic about her work. I took her along to a client meeting recently, to introduce her in person to the client and help her learn about giving advice to clients in an effective manner.

Part way into the meeting, when we were discussing options for going forward with the matter, the associate stepped in and started giving very assertive advice: �Do this, do that.� Not only was this inappropriate, in my view (it was her first time with the client in person, I�m the lead counsel, etc.), but her advice was, unfortunately, wrong. I didn�t want to embarrass her but had to withdraw her prescription in what I hope was a diplomatic way.

I talked about it with her later, saying that she had to be careful and gain more experience before dispensing advice. She seemed offended at my feedback and things have been chilly and a little awkward since then. She�s a talented and smart person but needs to learn the rules of the road before charging ahead. Maybe she�s too sensitive to criticism and too sure that she�s right for her to succeed at our firm. What do you think?

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A:
Let�s start by looking at this situation from the standpoint of the client. He or she wants to get good advice and feel confident that their lawyers have thoroughly researched the options and are presenting a united front. The client is likely to feel rattled if lawyers disagree about how to proceed, or play out office politics in public. So your efforts to talk with the associate, and to think this situation through, are vital to clarify your relationship with the associate as well as how you operate as a team when in front of clients.

I�d start by wanting to understand a few things about the encounter. Has the associate had extensive phone contact with the client in the past? If so, perhaps she might have felt more legitimacy than you think was warranted. And was her advice dead wrong, as you suggest, or just a different viewpoint that you didn�t agree with? I bring this up because I detect a certain miffed attitude over status � ask yourself honestly whether you were upset over the quality of her advice, or because she started mouthing off when you felt that you, as �lead counsel,� should have been the one leading the way.

If her advice was truly wrong, then you were absolutely right to clarify her points and talk with her later. If it was simply a different viewpoint, perhaps the two of you didn�t have a clear enough understanding before going into the client meeting about your views, nor about the etiquette and format of who was dispensing the advice. It�s your responsibility to make those things clear before a client meeting.

It could be that you are more comfortable working with someone who is more hierarchical and respectful of status, rather than someone who is more of a maverick. It could also be the case that the associate does need to slow down and earn her spurs before giving out advice.

In any event, it�s smart to sort out the different dynamics going on in this instance before concluding that she isn�t going to work out. Maybe she�ll do fine with someone else in your firm, or perhaps she�ll learn a little bit of useful restraint. Give her a chance before giving up.

Sincerely,
Holly English
Principal Consultant, Values at Work