The following comments, sent by an anonymous spy, are typical of what we received:
I used to work as a junior at DLA Phillips Fox in Adelaide – now Fox Tucker. I had to attend CLE’s & conduct marketing every week & was expected to achieve my 6 hours a day of billable units on top of that. Everything was going fine & then the partners stopped giving me work for no reason at all. I raised this matter with a key partner but he just said keep working hard & didnt seem to care. After a few months of this I was told that I had to leave in a months time. I left without a fuss. If I did make a fuss & taken them on for redundancy – then word would have got around to all the other firms & I would have struggled to get a good job in another law firm. I have worked in a couple of law firms since then & I have seen the same thing happen in those firms too. In hindsight, I should have made a fuss.
Why are lawyers to scared to take on law firms & why do they just walk away quietly?
We wish we knew the answer - it is a question we ask ourselves too. We don’t think it can be reliably maintained that measures taken by starved lawyers to defend against this kind of impropriety will stalk the departing individual; it’s not like firms have information-sharing arrangments. But it is difficult for the individual (usually a junior alwyer) to recognise this at the time. We think more junior lawyers should look to the stand Bridgette Styles is taking against her former employer Clayton Utz, while at the same time recognising her continued employment in the legal industry at a rival firm.
We asked the Law Society of NSW for its views on the issue by inviting comments on the behaviour exposed in last week’s Holding Redlich post. We sent it the following email:
—–Original Message—–
From: news@firmspy.com [mailto:news@firmspy.com]
Sent: Friday, 2 September 2011 7:59 AM
To: undisclosed-recipients
Subject: Request for CommentDear Law Society,
We published a report today on Holding Redlich which exposes some pretty egregious workplace behaviour (http://firmspy.com/firm-gossip/6496/holding-redlich-focus-groups-provides-accidental-insight-into-culture-management-concerns).
We’re wondering what the Law Society’s views are on the performance management that is revealed in the Focus Group Report (available on our site). Does the Law Society consider that “starving” underperforming lawyers in an effort to get them to quit is acceptable workplace behaviour? Does the Law Society think this could detrimentally impact the psychological welfare of employees?
How does the Law Society think the behaviours revealed in the report fits into the profession generally? Do we want to see law firms that treat staff like Holding Redlich does?
Regards,
FS
A spokesperson from the Law Society of NSW responded:
The Law Society does not condone unacceptable workplace behaviour. The Law Society provides a number of personal support services for NSW Solicitors to assist them with any personal and work-related challenges they may face, including:
Members Assistance Program (MAP)
The Law Society has engaged the services of Davidson Trahaire Corpsych to provide members with an additional support service for both personal and work related issues. MAP offers confidential and short-term counselling by qualified social workers and psychologists 24 hours a day.
MAP is similar to Employee Assistance Programs provided by many employers and can be accessed in person, by telephone or online. MAP is provided free of charge to members of the Law Society. Call 1300 360 364 or visit www.davcorp.com.au.
Lawyers Assistance Program (LAP)
The Lawyers Assistance Program (LAP) is a free and confidential counselling service for solicitors suffering from stress, depression or other personal difficulties. By contacting LAP you initially speak in confidence with a trained coordinator, who is also an experienced solicitor.
In addition to offering a sympathetic, yet impartial ear, the coordinator may also point you in the direction of suitable counsellors, agencies or schemes such as LawCare for further assistance. To speak with the LAP coordinator call 1800 777 662.
LawCare
LawCare is a professional and confidential counselling service for solicitors and their immediate family members. Counsellors available through LawCare are practising GPs experienced in dealing with the unique difficulties faced by professionals.
Initial assessment and referrals by phone are free of charge. Costs will only be incurred for face-to-face consultations and much of this can be claimed back through Medicare or private health cover for clinically relevant medical conditions. Call 0416 200 788 to speak to a counsellor at LawCare.
In addition, the Law Society has run a number of seminars on mental health and wellbeing for NSW Lawyers, entitled, The Lawyers Guide to Sanity, Profitability and Wellbeing.”
Firm Spy encourages all lawyers who feel psychological distress, whether by reason of mistreatment of partners trying to compel their resignation, or otherwise, to contact a professional.
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The Law Society didn’t really answer the questions:
“How does the Law Society think the behaviours revealed in the report fits into the profession generally? Do we want to see law firms that treat staff like Holding Redlich does?”
…
Seriously..as if the law society will admit that top firms bully their jnrs and were treated like slaves! Everyone I know in a large firm is experiencing this same sort of rubbish! Why? Cuz management slackers! Snrs lazy and dump all their rubbish onto u!
Get out there and bring in your own work. Starvation proof yourself. No time? Bullshit. Make time. No more tears.
Whilst the Law Society may have in place strategies to treat the outcome (i.e. counselling) it does not have any mechanisms to deal with the actual issue of unacceptable workplace behaviour at the time it arises. Unfortunately, the Law Society is not a union, they won’t help you with the problem. There should be a mechanism for reporting such behaviour and dealing with those individuals/ firms who constantly overstep the mark.
It is not just the juniors that are subject to the unacceptable practices. I have seen many experienced seniors starved of decent work and pushed out simply because they are expensive. They are then replaced by lawyers with 1-2 years experience who are paid peanuts. This practice was occurring well before the GFC.
Gillian, you hit the nail right on the head.
i am not a lawyer, but fell victim to said same behaviour from a top tier (and I wasn’t alone). HR are supposed to help protect the employee. Yet in my experience, they joined the bully team.
The bullies and manage out are alive and well and living in a law firm near you!
It’s the classic Gilbert + Tobin modus operandi as well. I and a number of other lawyers – along the entire seniority spectrum – were subject to precisely this a few years back when times were ‘tough’ (the partners were, strangely, flat out).
It always makes me laugh when the Managing Partner bangs on about G+T’s pro-bono and corporate social responsibility efforts. Perhaps he might like to direct some of that magnanimity and compassion in the direction of his own peons – sorry – lawyers?
HR teams in the top tier firms are there to work solely for the interest of the firm ie. the partners not the staff. For “non-professionals” it is a huge problem especially if the firm has a workplace relations department and the egos take control and dominate the HR departments. Interesting you should mention the Styles case here.