#202: Law Firm Politics (How To Navigate Common Scenarios)

[00:01:14] Hello. Hello, everybody. Welcome to the Life & Law Podcast. This is your host, Heather Moulder. So today we're going to talk about some of the political stuff that comes up in the law firm environment. This comes to you thanks to a recent conversation with a client that's been a theme this season. A lot of these episodes lately come directly from client conversations and client coaching sessions.

And I see this a lot where I get this attitude of, look, I don't like playing politics, I don't want to play politics. And I'm really sorry to tell you this, but it exists. Politics is part of the job, and it is especially part of the job as you move up in an organization.

So once you're a senior associate, you need to play some politics if you want to make partner. Once you're a partner, you are definitely going to have to play some politics. And that doesn't mean that it has to be toxic. That doesn't mean that you have to be sleazy. I think it gets a bad name.

Why Law Firm Politics Is Normal (& Playing The Game A Necessity)

So take a step back and understand that people have feelings, people have beliefs based on their own experiences, and no two people are the same. And we all think differently and we all behave differently in certain scenarios. Well, this is kind of where the politics comes from. It's because we're human beings, okay? So it's normal.

And not that you need to embrace it, but I want you to embrace the fact that it is normal and it doesn't mean bad. Now, it can mean having uncomfortable conversations. And that's really where the discomfort comes from. Because usually we don't like addressing the quote, unquote, politics because it means having an uncomfortable conversation or two with other people, sometimes with people who are more powerful than us. And that's not fun, but it is necessary nonetheless, and that is why this matters. Okay?

The Emotional Cost of Refusing To Play Law Firm Politics

[00:03:16] The other thing I want you to note is there is an emotional cost when you refuse to address things properly, which is what happens when you refuse to, quote, play the game. You're not going to speak up and it's going to create resentment and burnout. This is a primary reason why a lot of attorneys end up so unhappy in their careers. It's because we don't like those, that uncomfortable conversation with colleagues.

What's funny is we tend not, not to run away, right? We tend not to run away from them when dealing with opposing counsel, people on the other side. But when it comes to our peers and our colleagues, we do not like having those conversations. Unfortunately, there's an emotional cost to refusing to do that. So I want you to learn from the scenarios we're going to go through today and start to embrace that a little bit more.

The other thing is you can balance politics with integrity. It is not just about, quote, unquote, playing the game. It's about advocating for yourself without losing your soul, which is what we're getting into today. So let's go through the three most common scenarios that I coach around over and over and over again and how to deal with them in a politically appropriate way.

Law Firm Politics Scenario 1: Getting Origination, Managing Attorney &/Or Billing Attorney Credit

[00:04:34] So, scenario number one, originating credit, managing credit, billing, attorney credit, whatever the credit is that you're trying to get, whichever one or ones matter in your firm. And different firms do this in different ways.

But you need to get credit for your originations, for growing clients, for bringing new clients in when you're the one doing most of the work or managing the work. Maybe over time it's really become your relationship, but it started as somebody else's, right?

Be Prepared Beforehand

[00:05:08] So first, let's set the stage. You need to understand, and if you don't know this already, you need to go figure this out ASAP so that you know this when these things come up, because they will.

You need to understand your firm's policies. You need to know what are the rules around giving origination, managing attorney billing, attorney credit. Do they do it at the client level? Is it done at the matter level only once the client level Is done. Is that one and done. And it's just one person and they stay there forever. Can you share? Different firms have different policies, know them well.

[00:05:46] Secondly, get a good understanding of who does and does not share. We all know there are people who want to keep everything and really don't share much. And it doesn't mean you can never work with them. But you need to have eyes wide open when you do and not expect anything. There are also people who do share. Partner with those people. Okay? More often than not, it's going to help your career and you're going to become known as a collaborator, which firms value.

So that's setting the stage.

[00:06:19] Now let's get to making the case for your credit, credit that is truly yours. Because maybe it has changed over time. So this is something I see a lot. Maybe you didn't have credit to begin with. Maybe you're splitting credit with someone because you both opened the matter, you both got the client. But over time it's really become yours.

Keep Tabs

[00:06:48] So first off, you need to have evidence. You should be keeping a record of your touch points with your client.

Do they call you? Who is it that calls you? What do they call you for? Do they call others? Do others have a touch point? You need to have a good understanding of this so that you can make the case.

You need to be able to make the case of your relationship. How has it progressed? How have things changed from when things started to where they are now?

You need to be able to know and explain what you have initiated, what you have managed, when people reach out to you.

And you need to also understand specific wins and positive feedback can help. So keep track of that.

So have evidence.

Know Your Timing

[00:07:33] The second thing to know is timing.

[00:07:37] So you need to make sure that you're asking for this at the right time. So maybe after a big win or a big deal, when you're being hyped by the client, maybe when new work comes in and a new matter is being opened for that matter, it makes sense to make you the managing attorney, you, the origination, originating attorney, you the billing attorney, whatever it is that the ask is for.

[00:08:03] So understand, have evidence for know the why and then understand the timing. The other thing I would say is sometimes you need to plant seeds during your compensation or review season. You need to start making the case as to why you should be considered, even though you're not on there, for more originating credit for billing attorney credit and start making the ask. Then that's kind of a planting the seed that then enables you later to more Easily and seamlessly get what you want when you make the actual ask.

How To Make The Ask

[00:08:36] Now we're going to get to how. How do you actually make the ask? Well, obviously you want to be professional, you want to be respectful.

You need to understand that sometimes once is not enough. You may need to ask more than once before it actually happens. Happens.

o let me give you some examples.

[00:08:56] The client has been reaching out to me directly for the past two years. They just reached out for ex new matter. Should we update the managing attorney designation to reflect that that is a professional respectful way to set the stage for why the ask and make the ask. Here's another example.

[00:09:18] Would it make sense to adjust the origination credit moving forward based on how the relationship has evolved?

So, notice you're asking the questions, you're setting the stage if needed, and then you're asking a question. There is a kind of assumption in there. You are showcasing that you believe something should change, but you're respectfully asking, do they agree?

I have found that doing it this way really goes over a lot better because they're more likely to say yes. Number one, it comes across more professionally and respectfully. And when they say no, you haven't set yourself up for an argument. It's a simple question that is a yes or a no and they can answer it however they want.

Be Prepared For No

[00:10:15] And again, be prepared for a no when you hear that it's a no for now, not necessarily forever. Maybe you need to ask again a year from now after you've set the stage even more. Maybe you also need to make the case in your next review or compensation meeting.

Don't just give up and ask once and be done with it. Because oftentimes it takes more than once.

Have Alternatives

[00:10:44] Now, something else to note. Sometimes, because of the policies in the firm or because of the person you're dealing with, you're not going to get a change or you're not going to get exactly what you're asking for. So think about alternative asks, joint credit recognition through pay and bonus structure instead of the actual name credit being changed.

[00:11:09] And also getting a clearer role and more of a role in future client pitches so that you can get set up from the beginning. So those are three asks that you can ask for if they say no or if this is really uncomfortable.

Now, something that comes up in a lot of my coaching sessions is the desire to ask for origination or managing credit when it's a client that really is somebody else's. But you're the go-to for specific types of things because of your expertise. So let's say you're an employment lawyer and they're a corporate person. They don't do employment law and they would not have the employment work at the firm but for you. The client calls you for all employment matters. They consider you their employment attorney.

[00:12:00] So, first ask, okay, does this make sense to ask for?

[00:12:05] Why?

[00:12:07] Why does it make sense? Be prepared to make the case. Then ask yourself, what am I asking for? Am I just asking for new matters going forward?

[00:12:17] Am I asking for a change to something? Be prepared to answer the question why? The other thing I would note is depending on who it is you're going to, it's going to somewhat depend on their personality traits, what you know about them, who they are, how easy it is, you know, how often they share, how easy the ask is with them, your relationship with them. You might sometimes want to start with the easiest ask. So maybe the easy ask is to become billing attorney and then you can ask for managing attorney credit later. Okay, so that was scenario number one. A lot of lawyers, instead of making the ask, kind of ignore it and they get resentful the for the fact that they're never given the credit. I will tell you it is human nature. Just like I've said with clients, client don't ever assume they know.

[00:13:11] And most people are not going to give away what's not asked for yet will give it when asked. It's just human nature. It's basic human psychology. So understand that and learn to make the ask.

Law Firm Politics Scenario 2: Dealing With Powerful (& Difficult) Rainmakers

Political scenario number two, dealing with powerful rainmakers who run what I call fiefdoms and never like to give credit to other people.

[00:13:36] So this is not a case where you're actually asking for credit because you know you're not going to get it. So the question is, do you ever work with them?

Know Who They Are

So number one, set the stage, like know who these people are and understand when they are likely to come to you and need your help, understand why they might need you, why you might need to say yes from a political perspective, and how often. Because what I have definitely found is you need to be a quote unquote team player. You want to help people out, but it doesn't mean you have to be the person to do it every time they ask.

So maybe it's a, oh, once every so often. Know your boundaries and standards from the beginning and be clear around them.

Set Clear Boundaries From The Beginning

The other thing I would say is if you've determined, yes, I do need to work with them at least some. You need clear boundaries set with that person and boundaries, those are the rules okay. That you set for them. Not available in the middle of the night. Don't call me on the weekend for no reason. Right. You can have boundaries with these people. Set them, set the stage, be clear about them, and enforce them.

Enforce Your Boundaries (With Grace)

If they try to overstep your boundaries, just because they are a rainmaker doesn't mean they get to treat you like some young associate. Again, if you try to set the boundaries and they just refuse to respect them, B, nice. Never talk bad about them. Be grateful for what you got out of it. Be gracious to them. Learn what you can from them. And say no to future work. And yes, you can turn it down if necessary. And maybe they do know. Maybe they can look up your hours because they have that much power. That's okay.

[00:15:23] I will tell you if you feel like you can't possibly say no ever, A, it's very likely not true, and B, if it is, you're in the wrong firm and it's time to look around and see what else is out there.

Sorry to say, but that is just true.

How To Toot Your Horn (When They Don't)

Now, the other thing that happens a lot with powerful rainmakers is sometimes they try to downplay your role or rewrite history.

[00:15:53] I don't see this a lot, but I do see this upon occasion. And so how do you deal with that?

[00:16:00] Well, similar to what was discussed when we talked about the origination, have evidence. When you're. You're gonna know you're dealing with somebody who's like that because they're gonna have a reputation. If for some reason it happens the first time, you had no idea. Okay, you've learned. Don't do work with them again, but learn how to make a case for yourself and speak up about yourself. Have the evidence, make your case. Talk to people in power who have your back. Get their buy in. Don't get into a fight, but make sure those other people that matter know that's okay.

[00:16:37] Hey, I know so and so has been really talking this up. Did you also know that. So you can do this in a way that doesn't downplay their role, but makes it clear you were part of it. That's the goal. Do not badmouth the other person. Do not say, well, they didn't do what they said, or they're being, you know, don't. No, don't complain. Just say, oh, I heard so and so mentioned X, Y and Z. So true. They get a great. Did a great job. Compliment them even. Did you also know? And then toot your horn. That is the politically appropriate way to do that.

[00:17:16] Okay, so that was political. Scenario number two, when we're dealing with powerful rainmakers and difficult situations.

Law Firm Politics Scenario 3: Bringing Other Partners Into Your Pitch (And Getting A Too-High Quote)

[00:17:27] Scenario number three that I see a lot is when you bring another partner in for a pitch and they give a quote, that's just a no-go. So this happens a lot when you have connections that want to help, you want to send origination credit, but you're not the expert in that area. Or maybe it's a bigger deal where you need other people, other experts in other areas to get it done. And they ask for a quote and you do your research and you find somebody who really knows their stuff and they go and they help sell it. And then you get the quote from that person and it's way beyond what the budget is. It's higher than what you expected. How do you deal with that?

Rule of Thumb: Open Conversation

You can go back to the person and say, look, this is higher than the client can pay and expected. Here's the full budget. Can you bring down the number that you gave me or is this really firm and have a real discussion? So you just tell them, be honest with them. I find interestingly that a lot of people refuse to do this and they get upset and they go and they find somebody else and then everybody gets mad without ever saying anything or they somehow lose the work. They go back and tell them, I'm sorry, we can't do it for the price that you're quoting. No, go talk to people, have conversations. You would be surprised how often people are willing to move the needle, to move down.

[00:18:57] The other thing that the other reason you want to have this conversation is because, sometimes your client that you're bringing in is not being reasonable in their budget. And you don't realize that because there's this piece that's really intricate and really difficult and it's going to take a lot of time. Maybe a tax piece. And there's tax people you're bringing in, right? Well, they can explain to you why and then they need to go and help you sell that to the client as to why their budget needs to move. Now, sometimes you will talk to them and they will refuse to go down and say, sorry, but I'm not your person. If we need to do that, this is my budget and that's it. If you have other people in your firm who can also do the work, you want to go have a second opinion basically from them and say, hey, this is what I've got. Here's what I'm being told should be the cost. Do you agree? Could you do it for less? The client has a different budget, so and so said they can only do it for this. They were fine with me coming and talking to you. Like, you got to be all above board. Speak to people, tell them the truth. You will sometimes find that others will give you a very different number.

[00:20:04] So don't just assume it's the only thing. The key here is being open with everybody about where you are and what you're trying to do. I think a lot of times there's these assumptions that they're just not going to understand.

I have found that's not true. As long as you go and say, hey, look, here's what's going on. I need your help here. What do you think? And you brainstorm together. That's really what this is about.

At the end of the day, you gotta remember that this is a long game. Be gracious and giving to others when they ask. It's more likely to be reciprocated.

Think of them. Even when you're dealing with a sticky situation, the other person's also a human being who has feelings. They may have a different viewpoint. That's okay. Don't assume the worst. Keep the communication open.

[00:20:59] Have the difficult and uncomfortable conversations. I think ultimately you will find that they're not as difficult as you thought they would be and didn't end up quite as uncomfortable.

All right, that is it for this week. Bye for now.