New York Lawyer
January 16, 2003

Q:
We had a lateral come in recently as a full partner. Everyone was seemingly excited about his presence -- he brought a lot of business, he seemed very congenial and like he would fit in well, etc.

But as soon as he got here, it seemed that some allergic reaction set in. The idea was that we would send him work that was in his specialty and that he would cross sell also, but instead, some people started to quietly run him down, without really giving him a chance. They suggested he wasn�t a very good lawyer and just kept up a steady drumbeat against him.

The new lateral himself didn�t do a great job of reaching out and ingratiating himself.

Long story short, after only a limited period of time, he�s gone somewhere else, obviously taking his business with him. Why does this sort of thing happen?

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A:

Often people feel defensive about a new person coming in, particularly with the sort of power and recognition that comes with being a full partner. Sometimes there�s a sense that the person isn�t "homegrown" and doesn�t "deserve" respect right off the bat. The new person may represent a threat, demonstrating different ways of doing things that make your firm�s practices seem deficient in some respect. People then worry that the new person is critical of the way the firm operates, so they inoculate themselves in advance against any anticipated criticisms.

It�s also understandable that a new person, particularly if he senses a chill in the air, might retreat into his work and not reach out as much he should.

These reactions are a waste of everyone�s valuable time and money and resources and energy. Not only is it enervating for you and your partners, but a revolving door of lateral partners in and out of your firm also isn�t impressive to the outside world. To have people cycle in and out suggests to the marketplace that your firm makes hasty decisions and is unstable, or that your firm is a good place to sit out retirement or wait until something better comes along.

Certainly there�s a possibility that the firm didn�t do sufficient due diligence before having the new partner arrive, a common situation. If there isn�t enough information, or not enough time spent to ensure that there�s a good chance the person will fit in well, a failure shouldn�t be a surprise.

Apart from a lack of due diligence, another problem might be that there�s too much tolerance for informal systems for evaluating a lateral�s contributions (read: rumor mongering) that can poison the relationship. It sounds like the lateral left at least in part due to the ill will generated by this negative campaign.

It�s up to other partners who hear about or are subjected to these rumors to nip them in the bud. Even if the negative campaigners are correct (that the person isn�t a great lawyer), a rumor mill is not a great vehicle for evaluating people. This approach substitutes an informal, insidious technique for one that is above-board, fair and accurate. It�s just not professional.

(Also, what goes around comes around. Those who participate in such destructive campaigns shouldn�t be surprised if in the future back-channel whispers damage their own careers.)

Obviously a new lateral has obligations, too. He or she must make an effort to reach out to build the kind of trust and relationships that will make people feel comfortable, that will ensure they believe the lateral is on the team and not regarding them skeptically, and not trying to take away clients. Sharing some business as soon as possible is the quickest way to establish that trust. If the lateral gets business from an existing member of the firm, he or she must be very respectful of the original relationship and avoid "freelancing": the lateral should copy the originating partner on all documents, keeping him or her up to speed, and involving them in issues of fundamental strategy with the client.

Another approach is to make laterals an integral part of management as quickly as possible. This will give them responsibility for firm-based issues, convey respect from other partners, underscore that they will be held accountable for important responsibilities, give them a stage to show off their abilities, and encourage them to participate rather than be a sideliner.

There�s often a sense that these arrangements will either work or they won�t, and that there�s nothing that can be done in an overt or concerted way to make a difference. That�s not true. Misunderstandings can arise very quickly among people who don�t know each other very well and don�t have a historical relationship of trust.

These misunderstandings can be averted if some thought and energy is invested in ensuring that everyone is on the same page. Rather than letting these new, sensitive relationships bumble along without any help, it�s wise to plan the integration of a new lateral partner as carefully as possible to avoid the trap you describe in your question.

Sincerely,
Holly English
Principal Consultant, Values at Work