New York Lawyer
June 8, 2006

Q:
Do you have any tips on gracefully handling a "dog" case? I�m stuck with a real stinker and I feel like the negative aspects of the case are rubbing off on me. The partner who is supposed to supervise me blanches when he sees me, will hardly talk to me about it, keeps trying to put me off when discussing it, etc. Moreover, the case is taking a lot of my time, which makes it difficult for me to accept other work. Also, I don�t have enough experience to handle a lot of it, and really need some help.

I feel like this shouldn�t be my problem but it certainly seems that way. Any thoughts?

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A:

It happens to everybody at some point or another and, unfortunately, it�s the kind of situation that most glaringly reveals a firm�s true colors. It�s easy to be magnanimous and manage well in good times, or when a case is going well; when things aren�t going so well, it�s a lot harder. Law firms have an unfortunate tendency to adopt "survival of the fittest" attitudes, and that includes a sort of "tough luck" dynamic when someone gets stuck with a bad case.

For the record, you�re absolutely correct that you should not be hung out to dry on this, and that the partner should be standing with you every step of the way and not letting you absorb all the grief. It is doubtful that you are responsible for bringing in the case, and therefore the partners should be leading the way in dealing with these difficult situations.

But -- let�s not get carried away with our dreams of good management!

So here�s what you should do:

Find a friend. If the partner won�t help you, find someone else (even perhaps outside of the firm, if you can do so without violating client confidentiality) who can help you regarding the legal aspects of the matter.

Apply some pressure. You can also try mentioning to another partner whom you trust that you�re having difficulty getting some help, which may bring some pressure on the partner who is supposed to be supervising.

Don�t talk about it. You�re right that a loser case can reflect on you, however unfairly. If you�re whining freely about how beleaguered you are, ultimately colleagues will blame you, not the case. Keep it hidden from view as much as possible; eventually it will go away and you can get on with your life.

Resign yourself that you must work harder for now. You cannot let this case take over your life such that you are turning away other work. You should take on other work and make sure that this case doesn�t result in your reputation being dented as someone who turns down work, especially if it�s work in an area that you�re interested in.

Sharpen your radar. In the future, be careful if you start to suspect that you are being stuck with a dog, and try to avoid such situations.

Remember this for the future. When you�re a partner, please don�t treat people this way, okay?

Sincerely,
Holly English
Principal Consultant, Values at Work