Firing a Prickly Partner in 72 Hours? How to Part Peaceably and Protect Your Firm

We’re Firing a Partner on Monday Morning

Picture this. You are the Chief Human Resources Officer of a large law firm. One hectic Friday afternoon, Rebecca, a junior member of the Executive Committee, pops her head into your office. “Do you have a minute? On Monday morning, Tom Jones, our labor counsel, and I are flying to Dallas to let David go.”

You know David. He is one of five health care attorneys who joined the firm as a group in 2016. Having wooed this prestigious group from an Am Law 100 firm was quite a coup. But a few years have passed, and it’s evident to everyone, particularly firm leadership, that four of the five were triumphant hires. And while your 80% success rate crushes the 20% industry standard, its not 100%.

He’s a Complete Jerk

Not only has David fallen short on meeting his performance commitments, but you’ve heard him described as “prickly,” “in-your-face,” and “a complete jerk.”

So at some point, you added “David in Dallas – how handle?” to your section of the Executive Committee meeting agenda. Like clockwork, the monthly “David Discussion” starts with an authoritative “he’s got to go” followed by “but,” “sensitive,” “tricky,” “remind me why reducing his comp didn’t work” and “we don’t need to open the door to a lawsuit” before being tabled yet again.

In 72 hours, the firm will part ways with a partner. This hasn’t happened since you were hired almost two years ago. And you are just now hearing about it.

Rebecca continues, “Oh, don’t worry about paperwork and the other HR stuff – we can take care of that later. What can Tom and I offer to David to help ease the sting and protect the firm? In addition to our standard severance package…what can we offer in terms of career transition services?”

“It’s My Duty to Right the Injustice I Have Suffered”

Attorney departures are highly visible, both internally and externally. They represent a significant risk to the reputation and brand of both the attorney and the firm and can create unwelcome challenges for future talent and client acquisition initiatives.
Feeling humiliated (and without a dedicated career transition coach keeping them focused on their future), an irate former partner can fixate on their duty to right the injustice through communications with stakeholders, social media, filing a lawsuit, and anything else that comes to mind. Should they take action, a firm’s reputation, morale, and profits are at risk.

How Do You Protect Your Firm?

You know the stakes are high. On the one hand, when an associate is struggling, the firm’s game plan is to “let him hang out for about six months until he figures out what he needs to do or he leaves.” (Yes, one of your many initiatives is to improve that “strategy.”) On the other hand, you know nothing can be left to chance when the firm parts ways with David. So you thank Rebecca for looping you in and let her know that you’ll send an email with a few outplacement and career transition service options for her and Tom to consider.

  • First-tier support is comprised of resume writing, LinkedIn profile development, job search guidance, and interview preparation services.
  • Second-tier adds 10-15 hours of coaching, daily email access, and weekly homework.
  • The third-tier (aka “break glass in case of emergency”) must be an option when a termination consideration has been elevated to an Executive Committee meeting agenda item.

When a sensitive termination is imminent, an arrow in your quiver must be your ability to offer to provide tailored, high-touch, and discreet career transition services in conjunction with delivering the “you’re fired” message. If you have sufficient internal resources to dedicate to this delicate and intensive support for up to a year, you are all set (and congratulations!). If you don’t, having a trusted external partner on speed dial is your next best option.

Your “Break Glass in Case of Emergency” Partner is Just a Phone Call Away

Touchstone Legal Resources was founded to help law firm leaders sleep better at night. And when your firm offers to support its former partner’s success elsewhere, goodwill is established, risk is minimized, and everyone sleeps better at night.

And for me, it’s extremely rewarding and gratifying when I’m able to bring my client closure by conveying the final update:

“He’s settled, he’s happy, and we’re done!”

Schedule a complimentary consultation call with me to determine whether Touchstone’s Tailored Attorney Outplacement Program could benefit you and your firm.

And, if you’re interested, I’d love to share the latest on David with you during our call.