New York Lawyer
March 20, 2003

Q:
I consider myself a fairly easy-going partner, willing to talk frankly with associates about how the firm is doing. I am careful, though, about the kind of information I share, and do not reveal things that are intended to be kept private and within the partnership group.

By contrast I believe that one of my partner colleagues is too indiscreet. Other associates will tell me, "Well, Al says that so-and-so is on his way out," or "Al told me about how such-and-such partner got stiffed on her draw. That must have been a real blow out!" I strongly believe in candid relationships with associates but also think that my colleague is crossing the line and should be more circumspect.

Is there anything I can do to try to curb his behavior? I'm a little uncomfortable about talking to him about it as we're not close and it might seem like I'm pulling rank on him or lecturing him, when we're effectively peers.

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A:

This question is really about the definition of good communication, and how it's invoked with respect to sensitive information. Different people will have varying ideas about what constitutes constructive communication in the context of maintaining good working relationships and openness with underlings.

Some people want to be well-liked partners and enjoy having close talks. This can be a misguided attempt to be a "good guy" that can drive a wedge between themselves and others. There is another motivation, though, to this openness, which is a desire for integrity, and to have credibility with their colleagues. They feel uncomfortable defending policies that they personally think are stupid, for instance, and would prefer to let associates or staff know that they have different views so that they can retain a sense of self respect. Moreover they might have a strong belief in egalitarianism, rejecting a hierarchical approach. Others will take the opposite route. They will be entirely distant, believing that it's improper to share any "inside information" with people junior to them. While this will prevent any improper breaching of confidentiality, it also can lead to resentment and frustration when associates or staff feel deliberately left out and uninformed.

The best approach is a careful evaluation of whether to pass on information, done on a case-by-case basis. I always favor transparency - that is, open communications - where possible, because rumors and misinformation thrive in a vacuum. However, obviously there are times when in deference to the partnership and to protect important business concerns that a partner must keep mum, even if it's uncomfortable. This requires balancing confidentiality of sensitive information on the one hand with maintaining healthy and workable relationships on the other. Indeed your partnership agreement may have provisions in this regard; in any event, you have a fiduciary obligation to your partners not to take actions that might affect the firm adversely.

If there's something particularly egregious that you hear about, from an individual who shouldn't have the information, you should reconsider talking with your colleague directly. It may cause some friction between you two, but at some point you have a responsibility to enforce the confidentiality that's required among the partners for certain topics. You could approach him by describing the effect on you and the firm: "I'm concerned that some information perhaps shouldn't be given out to associates, because it might have a bad effect on the firm in the following way." That takes a little of the sting out of directly saying the guy is an irresponsible blabbermouth.

If you are not comfortable directly talking with your colleague, I would suggest that you initiate general discussions within the partnership about what you discuss with associates and what you don't. The discussion need not implicate any supposed wrongdoers but can simply be a mechanism to devise a going-forward policy. That way the partners can develop a shared understanding of what's off limits and what's not. Moreover, when the partnership decides on a policy or makes individual decisions in the future, you can clarify what information will be shared with associates and what information will be kept within the partnership. This way all the partners can be on the same page rather than each acting according to his or her own impulses.

Sincerely,
Holly English
Principal Consultant, Values at Work