New York Lawyer
October 25, 2001

Q:
The other day a group of us were sitting around the firm lunchroom. One associate started to complain about some issues in the firm, and one of the younger partners said, supposedly joking around, �You know, I have a stack of resumes back in my office of people dying to work here.�

The problem around here is that associates are seen as fungible units � move one in, if the person doesn�t work out, ship �em out and move another unit in. This deflates morale incredibly. Why, when the work of associates can vary so significantly, are associates viewed as being so expendable?

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A:
This scenario drives me crazy.

Law firms, at least as much as high-tech companies and other groups of professionals, are nothing without their people. As the saying goes, the assets of law firms walk out the doors every night. There�s very little in the way of technology or systems that can make up for the basic foundation of a good legal practice: human talent, intelligence and ingenuity.

I don�t think a remark such as that made by the partner is ever justified. It projects, �We don�t care about you, we�re not loyal to you, if you left tomorrow we�d hardly notice.� For those who think loyalty in workplaces is dead, keep in mind that surveys reveal that employees feel far more loyalty to their workplaces than one might expect. They actually want to feel loyal to their firm and proud of where they work. It�s a lot more fun than feeling marginalized and cynical.

Apart from the remark�s brutal tone, though, it�s also bad business. The firm needs to hang onto its talented associates in order to make as much profit as it can. There�s no financial upside to high turnover or redoing documents that are a mess.

However, the other side of the coin is that management often feels extreme pressure and stress. They also often feel unappreciated. A frequent remark is, �We do all kinds of good things but only hear about the problems.� And that�s often true. It�s natural for the folks in charge to feel defensive and perhaps lash out when they feel unfairly criticized (and you said the reason the partner made his remark was because someone was, indeed, complaining).

So there are lessons all around. Partners absolutely need to value their employees and communicate that good performances are greatly appreciated, that each associate is seen as an individual and not as a widget that can be replaced at a moment�s notice. Associates and staff, in turn, need to keep in mind that management is under a lot of pressure to succeed, to make sure that a firm continues to provide an income for everyone under its roof.

Make sure that the tone of your suggestions about changes at the firm are forward looking, rather than whining and recriminatory. If an associate�s governing thought is, �How can I make suggestions that will help this firm operate better in the future?,� that will work better than �How can I make clear how ticked-off I am at the way things run around here?� Also, let partners know the good things that are going on. Don�t restrict your remarks to criticism; make sure to emphasize the aspects of the workplace that you like.

If associates project an air of teamwork -- �we�re all in this together and we want to succeed with you� -- they�re far more likely to be taken seriously when they bring up a problem. That way, maybe the partners won�t need to go through those stacks of resumes quite so often.

Sincerely,
Holly English
Principal Consultant, Values at Work