Lawyer faces discipline, but unwilling to hold office manager
accountable
Q: I can scarcely believe that I may find
myself subject to a disciplinary hearing that I fear could harm my
reputation. I never touched client funds, etc., but have been so
busy (thriving solo practice, family/community activities, etc.)
that I took too long to get to some tasks and generated client
complaints.
I now recognize that my new office manager, a fine young person
who really needs this job, has not been nearly as attentive to the
big picture (and to helping keep me organized) as his predecessor.
But I've always tried to do the right thing, and now I'm dealing
with embarrassment, anxiety and wondering where my career goes from
here.
A: Your story confirms our experience that
professional discipline cases often represent good people behaving
in ways that are unwise and insufficiently self-protective. Good
intentions, though they may distinguish you from some of your less
honorable brethren, go only so far when it comes to your
responsibilities to your clients, which are focal concerns of the
BBO.
We have found that many sole practice lawyers, for all their
talents in representing their clients (analyzing complicated
situations, formulating legal strategies, etc.), are far less adept
at organizing files, communicating with clients, staying on top of
billing, and maintaining awareness of deadlines and priorities.
In your case, your efforts to maintain a "life-work balance" may
require a re-evaluation of what you can reasonably expect of
yourself, both on the job and off. In addition, it appears that you
have been doing what we've seen many attorneys do --delegating
without managing, based on the unwarranted assumption of employee
knowledge, capability, and interest.
A proficient office manager (or legal secretary or paralegal)
can be crucially helpful to someone in your position, but it is
your responsibility to yourself to select the right person for the
job (not necessarily the first applicant, or the one you've known a
long time, or the one who needs the job most) and to systematically
monitor the quality of his or her work.
An irony here is that lawyers who find themselves in your
position are often overly responsible -- to others. They
may take on projects and clients that others might shy away from,
and they are generous with friends and charitable pursuits, but
they are insufficiently responsible to themselves.
In this case, responsibility to yourself includes measures to
protect yourself from burning out, discerning which tasks you enjoy
and do well, and learning to say "no" to those that are likely to
override your own needs. Attending to any signs that those on whom
you rely may be dropping the ball, and not taking on so many tasks
that you lose track of your own needs. You might regard your
current professional crisis as a "wake-up call" to take a fresh
look at your decision making process and ways to better avoid
pitfalls.
If, objectively, the disciplinary process is likely to result in
suspension, this is also the time to make plans on how you will
deal with it, professionally and financially. LCL and LOMAP offer
individual consultations, various groups, programs, and referrals
that may help you manage your present situation and stay on course
in the future. n
Questions quoted are either actual letters/e-mails or
paraphrased and disguised concerns expressed by individuals seeking
assistance from Lawyers Concerned for Lawyers.
Questions for LCL may be mailed to LCL, 31 Milk St., Suite
810, Boston, MA 02109 or called in to (617) 482-9600.
LCL's licensed clinicians will respond in confidence. Visit LCL
online here.