Arbitration & Mediation

Peace in the Law Firm? The Snark Says: Fess Up

By Victoria Pynchon

(right:  Calvin Coolidge, Zelig and Herbert Hoover)

Soon, the Complete Lawyer's Human Factor Columnists (first appearance, Vol. IV, Issue 2 /*) are going to be addressing the ways in which you can use conflict resolution techniques to create, or restore, peace in your law firm.  

Though my contribution to that particular column is slicing the law firm's money pie with an eye toward the collective good rather than the individual's advantage, I can't pass up the opportunity to note the importance of accountability -- one of mediation's core values -- covered by The Snark in -- Oops!  An Associate Did it Again (excerpt below).

FESS UP

This is the hardest plan to implement because you fear finally being discovered for being imperfect and possibly over-rated. Will you be fired? Will it go down in your "file" only to rear its head in four years when you are denied admission into the partnership and the only reason they can give is, "Back in your second year, you missed that 1 p.m. meeting with our best client, MegaCorp."

But I think in the end it is better to fess up. Just don't do it in a way that makes things even worse: no crying, sniveling or begging for mercy. And no need to shave your head or hold a press conference.

You just need to explain yourself while displaying the appropriate level of remorse blended with confidence that says, "Yes, I screwed up that once, but it was an uncommon lapse that will be rectified. I will work even harder and bill a few extra hours to make up for lost faith in my value."

Provided your mistake didn't actually cause lost revenue or client relationships, you likely will be forgiven. But don't let it happen again. You get paid way too much money to make mistakes.

BigLaw or Small, You are Not a "Cog"

I know the Snark's column is meant to be witty, sarcastic, ironic, snide, and all of that, but the demeaning reference to BigLaw associates as "Cogs" is unfortunately reflective of some young lawyers' felt reality.  (Remember Jonathan Swift's Modest Proposal -- eat the poor?  It's not a joke)

Here is my advice to every first year associate at every law firm in the country -- be it a Two-Person Enterprise or a Ginormous BigLaw Endeavor: 

NOT ONLY ARE YOU NOT A COG, YOU DO NOT WORK FOR THE LAW FIRM

You WORK for the client.  If your "boss"  or your firm is not helping you do that to the highest level of your own abilities, then he/she is simply the guy/gal you need to circumvent so that you can give your client the best legal advice and services available.

THE BUCK STOPS WITH YOU.

You are a lawyer, with a lawyer's professional responsibilities and the right to be respected for the highly educated, skilled and semi-trained professional you are. 

Don't let anyone fool you.  You are not only important, you have power.  And with power comes accountability.  

Be a mensch.  Be a star. 

Welcome to the profession.

_______________________

/*  The columnists are Gini Nelson of Engaging Conflicts, Stephanie West Allen of Idealawg and Brains on Purpose, and the mother of all mediation-bloggers, Diane Levin of the Mediation Channel.  Oh yes, and me, Zelig.

Full post as published by Settle It Now Negotiation Blog on March 06, 2008 (boomark / email).