New York Lawyer
May 22, 2003

Q:
I am an associate in a smaller firm with lots of work. There is a new associate, Dan, who repeatedly asks fellow associates to assist him with assignments. He waits until right before the deadline, panics and tries to unload the assignment. He never returns to the originating attorney to discuss his difficulties with the assignment.

There is an associate culture in this firm of only asking when help is really needed, but never refusing when asked. The problem is that I don't think Dan is getting a handle on things and by "covering" for him, we seem just to be increasing his dependence.

What is the best policy here? It seems slimy to go above Dan and explain that he's really falling apart, but there's obviously a mentoring problem here. Either Dan doesn't have the ability to complete the assignment or the discipline to get it done on time. What's your advice?

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A:

This is a classic poor performance problem, compounded by an oppressive culture. You and your colleagues are increasingly required to cover for a co-worker; the first time you might do so willingly, but fume when it happens repeatedly. You're stymied, however, by the "associate culture" that requires you to soldier on, pitching in and helping even when someone's unfairly heaping work on you.

My guess is that the "associate culture" probably is not imposed by the associates but rather by the partners. You say that Dan "never returns to the originating attorney to discuss his difficulties." I'd bet that partners don't encourage people to do so, and that's why this good-soldier, can-do associate culture has developed. The argument in favor of this approach is to encourage people to make their own decisions and just get things done, keeping the clients' needs paramount rather than debating bureaucratic concerns about who exactly is supposed to do what. The negative is that when people honestly don't know what to do, they involve other people who may not know any better, and who assuredly don't have the time to do extra work.

There are a number of things you can do. First, get in the mindset that failing to do something hurts Dan, the client and the firm. Dan is flailing around and needs some help. It is going to be only more and more imperative that someone address this problem. You or a person with some credibility, who has Dan's trust, need to sit down with him and say that you're concerned over this repeated pattern and want to help him out. You need to make ultra-sure that you don't come across like you are ganging up on him, but rather are on his side, nonjudgmentally wanting to help him manage his workload more efficiently. Otherwise he'll get angry and defensive and tell you you're wrong. Make sure to be very factual in your observations and give him some tools to sort out problematic work issues. For instance, you could suggest that he discuss assignments with associates/colleagues right from the get-go, rather than waiting till the last minute. (That will only help all of you as it can pinpoint his issues early on.) Offer to be a sounding board right at the beginning, when he gets an assignment, to sort out what he needs to do.

Another approach is to talk to partners, not about Dan in particular, but instead more broadly about the associate culture issue and point out the defects. You need more easy and open access to partners, and that would be the case for everyone, not just Dan. It's ridiculous for people to hesitate in going to a partner when wasted time equals wasted money and effort for the firm. However, if Dan's performance gets to the point where it's truly hurting the firm in a major way, you may in fact have to tell the partners what's up. If the problem is not solvable the partners will have to deal with Dan's performance problems.

Most important: unless you conclude that Dan's defects are fatal, don't think of him as a hopeless lawyer who inevitably will fail. Many people start out with weaknesses and, given the right coaching, triumph and are terrific at their work. It's an unfortunate fact of the law and other professions that people assume you've either got it or you don't. That's nonsense - people learn and develop over their entire careers. Don't be part of a culture that writes people off within the first year.

Sincerely,
Holly English
Principal Consultant, Values at Work