Have you ever been concerned about the ethics of a partner at your firm? Myself and another associate have had concerns for a few months now. Obviously, we're in no position to confront him and I'm worried about what will happen to my career if I take any action at all. Is it worth worrying about or should I look the other way?

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All I can say is “CYA”. If they ask you to do something, make sure you push back. It’s your license on the line. If it’s just them being shady, just CYA and keep your head down.

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Best thing you can do for yourself is go to another firm ASAP. Any other job is better than staying under an unethical partner. Chances are the firm is well aware of it too. This could not only cost you your license but your reputation depending on what’s going on. A couple of years ago, I caught my co-counsel on a pretty important case engaging in unethical behavior. I cut that cord the next day.

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You work for Gwyneth Paltrow’s counsel, don’t you?

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Kind of depends on what it is. No offense intended to you, either, but some of the posts in the biglaw bowl make me really wonder what is going through some associates’ heads in terms of unwarranted assumptions and leaping to conclusions. Not at all to say that necessarily includes you and this other associate.

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It’s the John Grisham novels and the thought that they somehow are the main character in some twisted plot

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You don’t need to “confront” him. If you’re asked to do something you believe is unethical, all you need to do is ask him whether it would be a good idea to do X instead of Y (what he’s asking you to do) and explain why you think that may be a good approach for the client from a practical or logistical standpoint — without raising ethical concerns. If he pushes back, acknowledge his position, then reassert your thinking and ask whether that wouldn’t be appropriate from a lawyering standpoint as well. If he becomes upset or abrupt, just say that you’re trying to ensure you understand his thinking, how issues of this nature are generally handled and why.

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Yes, always say something. I know it can be really hard sometimes. I brought up a potential conflict of interest issue, which my managing partner waived away as nothing. He then brought it up in my annual performance review as a "bad judgment call" that I made. Why? Not because it wasn't a fair point. But because the clients are such important and well-paying clients that I never should have even *suggested* a potential conflict as it could have resulted in the clients needing new/separate counsel, and us losing a well-paying client. (I brought up the issue internally, not to the clients, but he said I shouldn't have even MENTIONED IT, or thought it apparently.) I have left that firm, and ended up at a better firm. Lesson here is that you might get push back, but stay true to yourself and your moral compass. You'll reach the right destination.

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I find that clients are generally willing to sign a conflict waiver in this type of situation. Drafting a CW is a non-billable inconvenience, but usually isn’t a show stopper (and better than having a conflict issue come back to haunt you down the road).

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That can be tricky. But if it's something that affects everybody then I think your are just in the right position to talk to him about it. Or maybe you can talk to someone his level. Lay down your points and ask for help.

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I think I've seen this movie before.

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Obviously only a paralegal but I worked for a small firm and they attorney was shady and everyone knew it. When I finally left after 3 years the places I were interviewing for knew her and how she operated. It was embarrassing to be linked to someone like that. It could have really hurt me but thankfully I was offered a job still.

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Yeah I agree, I hate it when paras undervalue themselves. Thanks for your insight, I actually hadn't even considered how it might affect my future job chances.

Don’t lose sight of your ethical obligations. Sometimes if someone asks you to do something you just have to say no. Before you do, I recommend talking it over with other lawyers to make sure your assessment of it is right, but trust your gut. I had to do this once in my career as a mid level associate and it was very uncomfortable, but I’m glad I stuck to my gut.

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Sometimes it can be shady business. And your will meet such people in every walk of life. Just observe what he does and also how people around him behave. It's not easy to work with such a person in the long run. Gives you bad reputation as well.

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Yes. I’ll leave it at that.

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Yes! I actually left a prior firm over a billing issue. Depending on the issue, you may be able to discuss the issue with someone in firm management…. but as others have noted, the firm may already be aware of the situation, in which case you might just jeopardize your own situation.

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I think best is to keep an email trail with them. A polite notification on time with go long way to CYA. thats what i did when my firm manager didn’t complete the annual filing for the firm

Does your firm have a way to anonymously report concerns internally to the firm's GC or ethics committee?

If the ethical issue is of the sort that could give rise to a malpractice claim, make sure that your role in the firm's big picture is not simply to take the fall in a malpractice situation.

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