Dealing with ‘at-risk’ lawyers

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Boston — When it comes to dealing with “at-risk” lawyers, take action quickly — even if it’s one of the senior partners in your firm. That’s the advice of experts at a recent ABA audio conference about strategies for helping at-risk lawyers.

Whether it’s a lawyer bullying staff, a senior partner with billing issues or an attorney struggling with substance abuse or mental illness, the problem is not likely to go away.

If staff is complaining about a lawyer’s abusive behavior, Nancy J. Geenen, a partner at Foley & Lardner in San Francisco, will stand outside the attorney’s office door to monitor the behavior.

“We’ve decided there is zero tolerance for this type of hostile working environment,” she says.

Failing to take action with respect to an at-risk lawyer can affect staff morale, billings and client service. It can also put the firm at risk of lawsuits brought by staff members taking the brunt of abusive behavior by one of the firm’s lawyers, warns Linda Miller Savitt, an employment lawyer and partner at Ballard Rosenberg Golper & Savitt in Universal City, Calif.

“You do have to take action, even against someone who’s a big shot,” she says. “And if you have to bring in an outside lawyer, then do it.”

“Watch the work performance,” advises Michael H. Smith, an organization consultant in Oakland, Calif. “You have to start with that. Anything else is fraught with legal and privacy issues.”

Smith suggests using checklists available through mental health groups that can point to problems such as substance abuse and depression.

When it comes to dealing with suspected addiction problems, “Get help right away,” Geenen advises.

“When we have issues with addictions, these are really not the province of a managing partner,” she said. “I am immediately looking for our employee assistance program and HR professionals to find opportunities for this employee or partner to get help.”

Reba Nance, director of risk management for the Colorado Bar Association, reminds lawyers to contact their state and local bar associations, as well as the ABA’s Commission on Lawyer Assistance Programs.