How do you handle partners refusing to believe your research or saying that you’re wrong when you know you aren’t? It’s happened to me a few times over the last year. I will say, it’s with notoriously difficult partners, but I can’t help but wonder if I’ve created such a lack of good will to warrant the response.

likehelpful
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This is one of the trickiest parts of the job (managing up). You have a few options. (1) CYA - provide a list of everything you searched and ask for suggestions; (2) send contrary caselaw and explain what you are finding; and (3) do not spend a ton of time on this, but see if you can find alternative solutions or creative arguments for the end goal. It's a tough skill and there are many partners who either think the law should be a certain way or they misremember it. But you are the front line of defense from them looking like an idiot, so just do your best, ask for help, justify your conclusions and cover your work trail. Good luck!

likehelpful

Paper. Everything. Unless you like getting hosed…

like

You have to fight as hard as you can politely. At the end of the day, your name and license is on the line too. If you’re going to push that hard though, you better be 100% sure you are right. If you are, the partner will thank you for it.

I once had this happen with a notoriously difficult partner. I pushed so hard, he eventually roped in the head of the litigation group to weigh in on it, and the litigation group head agreed with me. The notoriously difficult partner loved me after that and I never had to push back hard like that again. He’d just listen to me.

I don’t want to know what would have happened if I was wrong though…

like

Count Chockula…

Just make sure this person is actually are wrong. If someone tells you he’s right and you’re not as why, then do more research. I’ve seen a lot of younger lawyers (including myself back then) get a mini comeuppance on this one by insisting they’re correct.

likesmart

I’m 6 years in and just figured out I need to keep a list of everything I searched in WL (you can also download the WL history) and a link to anything I looked at online. Then I’ll put the website link or link to case in a word doc with why it’s not applicable or didn’t contain what I needed. And then you also are also able to show how you exhausted the research.

like

I cannot recall regarding Westlaw, but LEXIS permits you to create folders and put your caselaw in them - you will not be required to perform the search again.

groovy

How old are they? (seriously) I suggest you assign a paralegal to print out the cases which are the basis of your work, highlight the areas you cited (or you can do this if you prefer), attach a copy of your work on top of the caselaw (depending upon their age, hard copy is better - yes, I have practiced long enough to know), and put it in their in box.

If you only provided a verbal opinion you have the option of writing a memo to the partner with case cites if you can bill for this (and the cases attached), or a memo to the file with case cites.

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