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Rising Star
Raise it once in an email (in a professional and respectful manner) so there is a paper trail to CYA. Then let the partner do what they want. At the end of the day, it’s their reputation on the line.
Rising Star
Yes! Agreed!
Without knowing more regarding the specifics of this circumstance, it sounds like a difference of opinion and you should simply memorialize your analysis in an internal email, save it to the file, and move on. I know it may not be the advice you want but it’s easy for things to go south fast for an associate who escalates a challenge of a senior attorney on something that is not a clear ethical/legal violation.
The line is clear if it involves mishandling client funds or destroying evidence. That is how I meant my sentiment.
Let them know, probably in writing as a CYA, and then it is their decision to make. If you find it happening frequently, and you are certain there is no way the partner could be right, you might want to look for another job. That may not ultimately be something you want to be associated with.
Depends on what it is.
That’s a tough position. Agree with the above in terms of a memo that references the issue you are raising. The senior attorney with the judgment lapse may also be looking for someone to blame when the decision goes south. Have seen that.
That said, I can recall instances as a young lawyer when I thought the direction might not have been best (but I was wrong) and instances when I was uncertain of a decision’s correctness (and I later saw the senior’s decision was wrong). Not all of the info necessarily flows downhill either. Guess I’d start with ... Are you sure ...???
I forced the issue until it became clear that if he wanted to proceed in this fashion and defend a motion for sanctions well then by goodness he could appear in court and do it himself.
By way of further explanation, not only would we be risking sanctions, but the law was not supportive. I had a half dozen literally sleepless nights attempting to dig up support and found none - largely because “counsel is expected to keep their word” is longstanding law. Who’d have thunk.
Anyway I explained to OC, who was stunned by the actions we had taken, that I’m an associate and I follow orders, “same as you” - but I managed to get the partner to back down and I handled the withdrawal of the thing at issue. No one was happy but by now it’s blown over.
Well ... sounds like you were clearly correct AND that this particular instance had a happy ending. Wondering, though, what your inter-personal dynamics with the partner look like in the aftermath.
Your relationship with the partner — I have to think — has now changed in a big way. Not necessarily bad, but it also might be. Events like this can be professionally maturing (for the partner and for you) or can spell a move toward the end.
If you want to discuss further, please go ahead and reach out. Glad your judgment was vindicated. We have to stand up for ourselves, and you did the right thing. No question.