I just finished a big jury trial with a senior partner (SP). There were co-parties w/separate counsel. SP mentally checked out, to the point that co-counsel was asking what SP was doing/if SP was okay. I ended up handling most everything. SP did a few parts but went rogue and did things that were offensive/risky/bad for client. It became clear that SP is not performing like SP used to and may be a liability. Do I tell someone at my firm? Don’t want to offend SP or cause drama, but I’m concerned.

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If you have a good relationship, why don’t you ask him out for drinks and talk to him like a human and see if he’s okay. The legal answer is your ethical duty to report to management… the real and human nontextbook answer is if you tell the other partners, it may completely alienate him forever… unless you’re convinced he’s got dementia or something impacting his brain function, might not be a good idea to ruin that relationship and possibly make the other partners turn on you like a scapegoat.

He might be going through something and feel comfortable sharing with you in an informal setting

Like after a couple of drinks “Hey Marty. You’re a damn good lawyer, and I’ve learned a lot from you.” (mention something he did that impressed you). “At the Smith trial, that wasn’t you. Are you okay? OC asked me if you were okay.”

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Honestly sounds like early signs of dementia. That’s how my grandmother was. Would brush off concerns and get offended easily.

For context: I’m a senior associate and have worked with SP for 6+ years, and have never seen this from SP before. So it was very surprising, which made it more concerning.

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Not that I am aware of. I know everything is normal with SP’s spouse/kids, but I don’t know much about the rest of the family. But I was getting concerned that there could be a personal health issue going on based on the behavior. I didn’t want to pry or make SP feel uncomfortable, but whatever is going on has definitely affected SP’s engagement/judgment. Since no one else has spent as much time with this person as I have in the past few months, I’m concerned that other partners who would be better suited to ask SP about it are unaware of what is going on.

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