New York Lawyer
May 8, 2003

Q:
A new associate did a poor job on one of his first assignments, or was perceived as doing a poor job. Instantly he was dropped like a hot potato -- he wasn't let go but he hardly gets any work. The partner who is his mentor just ignored it. It was like he couldn't be bothered to do the hard work of sitting down and having a difficult talk. So no one is giving this guy work, he has very low billables and is freaking out. I feel bad for him, but can't do much for him.

How can you force the higher ups to do what they are supposed to do, help people develop into better lawyers instead of just deserting them if there's a problem?

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A:

Many workplaces operate on a "survival of the fittest" mentality, and law firms do so more than other places. The merest whiff of negativity, once attached to someone, can send them off the reservation, often forever. This is bad management, to be sure, but widespread. A tidal wave of negativity washes over a person and he or she suffers for it. The shame of it is, it's not easy to hire people, and assuredly a firm is better off developing them rather than instantly discarding or ignoring associates because they stumble their first time out.

The responsibility of the workplace is to nurture its lawyers (and staff, by the way), so that the investment made in all the interviewing and hiring and development isn't wasted. It's easy enough for people to underperform or do something wrong on an initial assignment. People don't necessarily know what's expected of them. For all the talk of "training" that firms purport to provide, much of the training is usually self-provided in the infamous "sink or swim" model.

The trick is to overcome the (somewhat) understandable force field that surrounds an associate who's goofed up and that keeps higher ups from giving them assignments. Good management practice directs that someone who's made a blunder should be counseled closely, given clear feedback about exactly what the issue is, and guided closely on other assignments to prevent another mishap. There are many examples of people who have faltered at the outset, but who got some encouragement and went on to do great things.

Much of good performance is linked to confidence. If an associate is immediately rejected, that confidence is obviously going to take a huge hit. Thereafter if his or her performance is lackluster it may be as much because of a lack of nerve as anything else.

While it sounds like you are not in a position of power yourself, there are some things you can do to help. First, talk sympathetically and candidly with the associate. Suggest that he visit other partners, demonstrate what he's capable of, ask for specific feedback from people he's done work with so he can find out the problem, do special assignments, etc. You could also try to pass along, through channels you trust, that this person has been unfairly dropped early on and that he needs some help. Certainly the mentor should somehow be made aware that failing to help out a person who's having problems neglects a prime responsibility that the mentor has. Often people avoid having to give difficult criticism or hold candid conversations because it's uncomfortable, and also easier to simply hand out work to associates with proven track records. But it's irrational to go through all the trouble of hiring people and then shun them at the least sign of trouble.

Sincerely,
Holly English
Principal Consultant, Values at Work