As the downturn hits and everyone is under greater pressure to meet departmental targets, it has become apparent colleagues consider it an opportunity to broaden their practice areas and dabble in other areas of law.
What's the best way of tackling this? Clearly confrontations with the principal offenders are not desirable but they seem to have forgotten the damage they could do.
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COMMENTS (TOTAL 7 COMMENTS)
A few thoughts, but I'm sure others will come up with stuff, or say that my ideas are a load of rubbish. In my view it depends on the character and seniority of the offender. One option would be to speak to them, give them some guff about the need to maintain oversight and consistency of approach and see if they are still keen to do the work if your name is on the file and the fees help your numbers rather than theirs. Alternatively, suggest in the name of greater departmental cooperation that they co-present a seminar with you to junior members of both teams, (and if you're feeling evil, subtly prep your team with difficult questions) and then see how your colleague performs. Maybe they do know what they're doing, you never know. If you're busy (and your department is), try giving some work to their juniors too (so that their time counts on your figures), see what happens. But no point in my view in being excessively territorial if you're going to hit your numbers comfortably anyway - remember it's a team effort and you'll be irritated if their underperformance drags PEP down, so why not let them do some of your work? As long as you and your team still have plenty to do, and can make sure they don't damage your brand, what's the harm in spreading the work and generating more fees?
Anonymous -19 Jun 2008 | 14:09
What do you mean by "damage"? Are they giving negligent advice/dealing with issues incompetently in which case surely the partners should do something? If they are doing well, albeit on a steep learning curve, then why not? You are not the only one with targets to meet and perhaps they are just showing initiative.
Sooty speaks -19 Jun 2008 | 17:34
with existing clients of your firm, it should not be a problem. you are presumably relationship partner for some of your firm's clients. if one of your partners approached one of your clients and got some work off them, you can surely speak to that client and remind them of the protocol, and deal with the work instructed on. it happens at the client end with junior staff who may not be aware of who the relationship partner is at the law firm being used. that way you avoid the confrontation with your partner. now if your firm is a dog eat dog type outfit, i know that approach won't work. if it weren't for joint and several liability you cold sit back and let him make some major gaff, that should teach him a lesson not to dabble in areas outside his expertise. can the senior partner intervene and have a word with the offender? as you say, this sort of thing is selfish and can cause a lot of damage in a firm and also to its reputation. Good luck.
May -19 Jun 2008 | 17:48
A tricky one. Ideally, lawyers holding themselves out to be specialists in their subjects shouldn't allow others to 'dabble' in their own areas of law. It is indeed bad for the brand (see previous poster for the use of this concept). However, it's unclear what damage could be caused by allowing them to work in your area; Presumably, you and your team wil retain sole client contact. If not, then this is potentially very dangerous. Someone higher up should make a judgement call on this one. Also, the view should be that resources are always scarce therefore territoriality may be justified. But we just don't know all the facts of the case.
Gil - Legal Trainer -19 Jun 2008 | 18:08
I asked the question to see where people would draw the line. Is it acceptable in today's City practices, for example, for a company lawyer to try their hand at a piece of debt recovery? For a litigator to try their hand at a piece of transactional work? For an employment lawyer to lead a take private?
original poster -20 Jun 2008 | 15:50
deaer original poster. your examples. none of that would have happened at my old magic circle firm. but a banking lawyer doing capital markets work, for example, did happen. you're just following the client and the work is not so different that you feel out of sorts. if it's a smaller firm, perhaps the line is drawn elsewhere, i don't know. good luck with the tanks. M
May, inhouse lawyer -20 Jun 2008 | 17:07
I am not a partner but have been a paralegal many years ago in top 20 London firm. My experience is that a partner whose large/complex litigation case settled early had no clients - he thought he had "gravitas" and was a "champion" so I discreetly orchestrated his move to another practice area of the group. I eventually got seconded to client for a year via another department but on return there still was no clients so to speak other than networked through the group - it was suggested I moved to the part of the Group my boss was located in, I agreed insofar as I got 50:50 charge/non-charge work, funnily enough I did not get the posting, the next thing this group practice area was completely disbanded by the firm but bizarrely my boss was not out the door along with them and still had NO CLIENTS.
ANON -20 Jun 2008 | 21:15
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