New York Lawyer
November 6, 2003

Q:
After three years with a large New York firm I switched to a New York satellite office of a large non-New York firm. My hope was that I would have more freedom to seek out the type of work that I wanted to do. When I agreed to move, it was made clear that initially my work would be a mix -- 75% for one partner doing work that I liked less (but stuff that the satellite was mostly doing) and 25% working for other partners in the group doing the type of work I want to do (the practice areas that the satellite was trying to grow).

I've been at my new job for a year now and my work has been 125% the stuff I don't like doing. I've made several attempts to branch out and take on the work I want and I've made it clear to the other partners in the group that I am willing to do so. The other partners have said on several occasions that they want to get me involved in their work, but I am constantly being overloaded by one partner with the work I don't want. When I'm not up to my neck in the work I don't want it seems that there isn't any of the work I do want. It's becoming clear that I'm becoming more entrenched and less able to seek out the work I want.

The partner I've been working for doesn't seem to remember our bargain. I would remind him but he doesn't seem like he would take it very well. My conversations with the other partners are morale boosters but don't seem to amount to anything.

Should I wait it out and hope that there will be some lulls when I can take on other work. Or should I cut my losses and move on. Should I stay or should I go?

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A:

There are a couple of different problems here: the partners� inability/unwillingness to follow up on their promises, and your (relative) inaction to hold them to the bargain.

Career development ideally should be a two-way street. Associates have certain aims and wishes, and partners should help associates meet those goals, assuming they are aligned with firm�s objectives. At the same time, associates need to be clear about career direction, and take affirmative steps to keep it in course. Neither of these things seems to be happening in your situation.

It sounds like you haven�t spoken frankly with the partner handing you the undesirable files about what�s going on. The longer you don�t object (and a year is a while), the more it may seem to him that you�ve magically come around and love this stuff you used to hate. So don�t be surprised if he figures no news is good news. And in the time-honored fashion of people who don�t want to lose a good attorney, there�s no motivation for him (other than caring about your development) to do anything.

You say that reminding him about the �bargain� would be something he won�t �take well.� You have to take a deep breath and do it. A frantic day-to-day pace obscures larger issues. And it�s always easier not to bring up these fundamental, sensitive issues. It�s up to you, if no one else will bring up the subject (and they probably won�t), to spearhead this thing. You could wait until your performance review, but if that doesn�t happen, just face up to it and raise the subject. You did have a bargain, and it�s more than appropriate for you to request that the bargain be fulfilled.

Ideally, you shouldn�t have to be doing all the heavy lifting in this scenario. All the partners in the firm should be looking out for associate development so that junior attorneys don�t get frustrated and wind up half out the door without any effort made to understand their beefs. While you say you�ve had �morale booster� conversations with other partners, these feel-good talks won�t do you much good if they aren�t matched by action. The other partners should be actively leaning on their colleague to lighten up so that you have a chance to take on the work you like. (One approach would be to get involved as quickly as you can with rain making for the area that you like. Nothing speaks more loudly than a dedication to rainmaking, especially if it starts to bear some fruit.)

The guy you�re working for should balance the health of his practice with the relative happiness of the people doing the work. He thinks he�s got a good deal, but in fact he�s got a frustrated attorney who�s thinking of quitting. So clue him in and formulate a workable transition. Maybe you could do a 50/50 split for a while, which would help him out but also allow you to do some of the work you like. And it would mean you wouldn�t have to get out there and pound the pavement -- never fun, especially in a still-down economy.

Sincerely,
Holly English
Principal Consultant, Values at Work