New York Lawyer
September 8, 2005

Q:
A second year associate in my firm has made a couple of blunders (not necessarily her fault) and seems to be suffering for it -- not getting assignments, people are talking negatively about her, etc. I really think she�s a talented person who has had some bad luck. It�s maddening to see that she�s being abandoned, rather than anyone trying to do the right thing and get her back on track. I�m friendly with her and she�s confided in me a bit (I�m a little more senior) but there�s not that much I can do. Any thoughts on what she might be able to do?

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A:

Too often law firms resort to snap judgments about people, rather than giving them enough of a chance. (There�s also the problem of letting problem people stay on for years and years, but that�s another column.) Some people believe that you either have it or you don�t, in terms of legal ability, and consequently are quick to back off of a person they sense isn�t up to the task.

Actually there is something you can do -- you can provide valuable coaching. Here are some tips to pass along:

Hang in there. First and foremost, if your friend wants to stay at the firm, she should vow to herself that she�s going to stick out this rough patch. There�s an awful lot of potential for success in simply showing up and not fading away. Even people who are seemingly mortally wounded in many organizations manage to survive simply by not giving up.

Make it clear that you are supportive. Even having one person in her court can help make the difference between persevering, versus cutting and running.

Decide on a goal. Part of her problem could be that she�s unsure about what kind of work she wants to concentrate in. If she is clear about an area of the law that excites her, that will make it easier for her to pursue a recovery plan.

Ask for work that�s aligned with her goal. Her message should be, "I�m really interested in this area of intellectual property, so please keep me in mind for future matters." That keeps her focused on the positive, rather than too openly begging for work.

If appropriate, ask for feedback. It could be that she in fact has some performance issues. If so, she should consult with someone she�s worked with and ask candidly for some pointers on how to improve. This doesn�t have to be a confession of incompetence on her part, but more a factual exchange about how her legal work can be strengthened in the future. Often people avoid giving negative feedback and just move on to another associate, but the humane thing to do (as well as the practical thing to do, given the firm�s investment in associates) is to provide as much guidance as possible about how problems can be rectified.

Ask others for help. If you have a mentor program, the mentor should be front and center on this issue. If HR or attorney development is in the position to give constructive help and advice, they should be consulted as well. The message should be, "I�m a little concerned about my work assignments at present, and would like some input about how to get back on track." (You could also quietly pass along, through individuals you trust, that there�s an issue here that needs to be dealt with.)

Sincerely,
Holly English
Principal Consultant, Values at Work