New York Lawyer
April 10, 2003

Q:
At the firm I work for, there is a partner whose legal skills are questionable. The partner does not keep up with current law. The partner also tends to ask associates to do "questionable" tasks in on-going litigations that may get a person suspended or disbarred. The partner tries to make himself/herself look better by stretching the truth while ruining the reputations of those who do work for him/her. One of the senior partners tends to look away because this partner has many client contacts.

Knowing all this, I am a little worried about what I should do if this partner asks me to do work. If I say no to the work, my reputation will be ruined. If I do take on the work, my reputation might be ruined. What do I do?

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A:

This partner sounds like a walking malpractice action, at least potentially. I'm not sure what you mean by "stretches the truth while ruining others' reputation." Perhaps it's that the partner says that things are fine when actually they aren't, and if a case goes south the problems are blamed more on the hapless associate than on the partner. In any event, this lawyer obviously is not (in your view, anyway) a shining role model.

Big rainmakers always get a lot of deference. It's amazing what workplaces of all kinds (not just law firms) will put up with from people who bring in the big bucks. Usually, however, the complaints about the business-getters are more about their arrogance and obnoxiousness. These qualities can be hard to put up with but don't by themselves threaten the soundness of the workplace. But when the rainmaker increases the risk exposure of the firm, that's completely different. This partner is placing the reputation and financial integrity of the firm into jeopardy, and if it's truly that serious the other partners need to wake up. From a management standpoint, it is absolutely the responsibility of the partnership to keep tabs on its lawyers and to make sure that they are not engaged in questionable practices. It is absurd that an associate is put in such a sensitive position, and has to figure a way out.

You probably don't have a lot of choice about taking on work if the partner asks you to do so, although you could try to ally yourself so firmly and busily with other partners that you legitimately won't have time for these assignments. If you do take on the work, what's important is to try to spread accountability and awareness as much as possible. The way to do that is to actively communicate all along to others about what you're doing.

For instance, once asked to do something that is "questionable," casually mention to others, especially partners, what you're working on. Bring up questions that are neutral in tone. You can say, "This partner has asked me to perform this task. I'm not sure how to proceed. What do you think?" This is as opposed to saying, "I think this person is incompetent and dishonest, and is making me do inappropriate tasks that could get me into trouble." Let the other person draw that conclusion, so that you can stay out of the crossfire.

Alternatively, it could be that you aren't asked to do anything unethical, but that the case is a dog and you're getting stuck (and identified) with it. If you feel that you are being blamed for problems that are inherent in the case, it's also important that you communicate to others all along about the facts and law. Don't let things spiral out of control until, by the time others hear of it, there's too much explaining to do.

Sincerely,
Holly English
Principal Consultant, Values at Work