New York Lawyer
January 23, 2003

Q:
Another attorney in my office reported that she heard through the grapevine that I came across as a "know-it-all" in a recent hearing. This statement came from a senior partner in another firm, who apparently told her that this was the general consensus of all the attorneys on the case.

As a conscientious new attorney, I found this information upsetting. At the same time, I recognize that the practice is not a popularity contest and the opinion of attorneys adverse to my position shouldn't account for much. I also question the motives of an attorney who passes on this type of information.

Should I do anything to repair the situation? Adjust my behavior? Ignore it and move on?

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A:

Sounds like you�ve landed in a hornet�s nest. You�ll need to get out without being stung too badly. Your dilemma brings up issues involving politics, both inside and outside the firm, as well as important questions about your personal manner and demeanor in settling or trying cases.

I�m assuming from your question that you are relatively young. Many new attorneys come on too strong at first (see my column of January 9, 2003, which describes some of the pitfalls of early practice), usually because of a lack of experience. Often young lawyers will make up for their newness with an extra dose of bluster and brashness. While people often understand that this goes with youth, sometimes it can be a problem.

I�m also curious as to whether you are male or female. Frequently males are less derided for "know it all" behavior, even when they are new attorneys, than are women, who sometimes are viewed with skepticism and hostility. You�ll need to add this consideration into the mix. If you sense that your demeanor may be a problem for people in your firm, I would suggest reaching out to them so that they can see a different side to your personality, and above all to emphasize your willingness to help out, your interest in working in certain practice areas, etc.

In any event, I would keep the best interests of your clients, as well as your future and reputation within the firm, as your lodestars in this situation. You don�t mention how you did at the hearing and how the case is faring, or whether your firm prevailed or not. Success trumps a lot of complaints: If you did well, certainly that�s a strong argument that your demeanor didn�t hurt your client�s interests. If you lost or got a poor result for your client, you�d do well to examine your behavior and be careful that you don�t inadvertently turn others off to the point where they consciously or not also turn against your client. You can wind up getting fewer or less desirable assignments within the firm if the sense is that you are an overbearing personality.

You�re right that as far as your client is concerned, practice is not a "popularity contest." On the other hand, you won�t get a chance to practice much if you don�t maintain some minimal popularity with colleagues. Consider approaching your mentor, if you have one, or another trusted colleague, and asking them point blank about this issue: that may open the door for them to give you some candid and helpful advice. They aren�t likely to broach such a sensitive issue without a signal from you. You can also ask the more senior attorneys on the actual case, if you feel comfortable, for some constructive feedback about how you can improve.

As for your colleague, her actions require an examination of inside-the-firm politics. While the most important thing is to look at your own abilities and see how you can improve, make sure to protect yourself as well. You should watch out for her and make sure she is not undermining you to others. If she is, you�ll need to repair the damage by building relationships with whomever she�s talking to. Don�t castigate her in return, but make sure that people are aware that you�re ready and willing to work on their cases and know what you�ve accomplished in other matters.

And finally, as for the gossipy attorneys on the other side, particularly a senior partner spreading "know it all" remarks, I�m not too impressed with senior lawyers who engage in backbiting, especially about young attorneys. Older practitioners who engage in these back-channel whispers sometimes feel threatened by bold, assertive approaches in younger lawyers and want to put them in their place, in a sense. Perhaps they think their remarks are well intentioned (I kind of doubt it), but they should be more mature. (On the other hand, your sharing colleague may be simply making up the "everyone is saying this" rationale.) Best of luck to you in handling this tricky situation.

Sincerely,
Holly English
Principal Consultant, Values at Work