Career Clinic: Should I be honest with management about a colleague's failings?

Easy

You have been asked for an opinion. You should give, as it were, a true and fair view. As you are leaving it cannot have any impact on your position one way or the other. Even if it did, what would there be to gain by either sticking the knife into someone or glossing over obvious failings?

If you are struck dumb by such a straightforward and direct request it is difficult to imagine how you can advise clients on issues of genuine difficulty.

Young Fogey -04 Nov 2010 | 09:09

Be consructive

The more senior you become, the more you will need to take on the management of others, so your ability to judge performance objectively will become increasingly important.

Yes it is common for associates to give feedback on each other, although more usually in the context of formal annual appraisal.

You've been asked, so I think you should go ahead, but be constructive and truthful. Think of some positives as well as negatives in your dealings with this colleague. Use straightforward, descriptive non-emotive language. Use specific examples ("made some serious errors" becomes "in X case last July, Y's drafting of Z was inaccurate in that...). Don't talk about the effect on you (covering for him) because that may make it seem personal.

Good luck.

Ted -04 Nov 2010 | 09:22

Fudge

Be careful who you shaft on the way up, you might meet them again on the way down.

Say something non-committal, generic. If you're leaving, why do you care? A cynic might even say you should give him a glowing report because your current firm will soon become a rival firm and you'd be throwing some sand in the cogs.

Big Dave -04 Nov 2010 | 15:31

Thanks for the advice so far.

I've since found out that this guy's job is under threat, and I'm now feeling even more uncomfortable about the situation. I don't want to contribute to someone losing their job but I'd also feel awkward about recommending keeping someone on if they're not up to it...

Original poster -05 Nov 2010 | 12:22

Keep quiet on this

There's always a presumption of the need to say something, but sometimes, a refusal to say anything can be equally powerful.

Others are right, if you say something, it needs to be accurate but if you tell the person approaching you that you would feel uncomfortable giving a reference for the guy, they are going to read between the lines and know you have nothing good to say. Therein lines the response they want, albeit you remain uncommitted.

You don't want them relying on your word to fire the guy and whilst its useful to know you've evaluated your colleague, you have nothing to gain from this and steer clear.

Best of luck!

Me -05 Nov 2010 | 12:40

Caution

You have a choice, so to me the central question would be whether your opinion has been sought in good faith for appraisal reasons or as supporting material to exit this person. You say there’s been a change of management. However the process of seeking feedback should not have changed yet you say you’ve not been canvassed before and the reason for requesting it hasn’t been explained to you. It needs to be.

If you conclude it’s a good faith and genuine request, then clearly whether you comment is dependent on whether you want to (and bear in mind confidentiality in the event of litigation would most likely not apply). I would be uncomfortable citing examples I hadn’t at least discussed first with the other person.

I’ve known several lawyers make errors of all levels of significance or do a barely acceptable job for reasons spanning poor attention to detail, being overworked, undertrained, undersupervised, not understanding what they were doing or being asked to do or having limited technical ability. The approach their supervisors take often depends on how they value that person (eg being a big biller). Hence why caution is advisable here, for those with a conscience anyway, as you appear to have by posting this quandary.

An In house Lawyer -05 Nov 2010 | 15:47

What's in it for you?

Litmus test: "WIIFM" - What's In It For Me. If there isn't anything, don't do it. It will find its way back to you - people talk and there are few secrets in life.

N/A -05 Nov 2010 | 18:52

Assessment ? Euphemism for 'ammunition'?

Well it worries me somewhat to imagine that our legal system is being interpreted by someone who cannot interpret an attempt to sabotage a colleague. Surely if said partner was sincere in his/her attempt to assess your colleague, then he/she would (A) ask someone who was not leaving and therefore could be held accountable for their views (B) follow the appropriate assessment process at the firm (and let's face it, partnerships are a law unto themselves when it comes to best practice human resources procedures) and/or (C) review the work - since that is what us clients actually pay partners for.

But who cares what I think - I am only a client, after all.

Jo Thomspon -07 Nov 2010 | 16:32

Follow your gut instincts

An old-timer once told me: "If someone asks you for an opinion about so-and-so, say, 'So-and-So is a person. Of substance'."

Why don't they make lawyers like that anymore?

Amused -08 Nov 2010 | 09:37