I’m working with a senior associate that is constantly over billing and creating work that no one wants/asks for. Any advice on how to handle this? Note that I am a mid-level and have been party to all client communications so know for a fact that this work is not necessary.

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There’s plenty of work done of cases I’ve been involved in that I believed was unnecessary. Maybe it was, maybe it wasn’t. I’ve only seen one example of outright unethical work assignment in my career. We were settling a case and the partner told us to put the SJ motion together over the weekend, even though the settlement was 100% certain and SJ wasn’t due for 8 months. The partner was just padding a bill. I said no and that if she ever asked me to do something like that again she wouldn’t like the result. But that was the only time I’ve ever felt went way over the line. The rest is just judgment calls.

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A few years ago, there was a month I spent 16-20 hours each weekend preparing for witnesses whose depositions hadn’t even been scheduled yet. At the end of the month I found out they’d started negotiating a settlement right about the time these weekend fake fire drills started. Really glad I don’t work for that partner anymore.

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A few takes:

1. He’s more senior than you so he might know that some things are necessary or good to have in case things go wrong. Some people like to work as efficiently as possible, some people like to be thorough. You’ll only get to choose a style when you’re the leading associate, otherwise get on with the program.

2. Are you reviewing client bills to know if they’re overbilling? All time entries are reviewed by partners before they’re sent off and I guess you already know that.

3. I’ve been in this situation before and my advice is - I don’t think you should pick this fight UNLESS you come across something that’s flagrantly illegal or unethical. You don’t want to make a false accusation or burn bridges, this is a fight you cannot win. When I was/am in your shoes, all I could do is do the work I’m asked and bill ethically myself.

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This. I’m on the thorough side. It’s not always “necessary” but I’ve been doing this a long time and unless it’s a super cost-sensitive matter, I’m asking for all the extra stuff that I think is best practice to have prepared and be ready for. The client may not have remembered to ask for XYZ yet but I know from 20 previous transactions with the same or similar clients that it’s going to come up, so I ask the junior/midlevel to look into it.

When it’s your deal, you can use your style.

OP, you can politely push back and say something like “sure happy to handle that, I have XYZ time sensitive tasks that have to get done by ABC so I can turn to this after that if that ok”. Also just phrase it as a learning question: “in my experience I’ve only ever prepared X if the client asked/if XYZ scenario, what’s your thought process behind doing one here?” If they don’t have good answers if nothing else, you know you’re right and they might be shamed into not doing it the next time or backing off their ask.

I work with someone like this and it’s really frustrating because it makes me look lazy when it’s them just padding

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Unfortunately, I think it depends on how well connected the senior associate is. If they’re an up starter who thinks the partner will be impressed with huge bills, the partner might be furious to find out a lot of BS is happening, particularly if the partner is managing the client and is not pleased about bills.

On the other hand, like others have mentioned, if everyone more senior than you is regularly padding bills with this kind of work, then it’s a terrible firm or practice group and you should start looking to get out.

Random research assignments are dipping a toe into unethical behavior. If you’re doing actual pointless projects that you know are pointless, that’s malpractice territory and you need to protect yourself. Call it out on email and ideally have a new job for yourself lined up.

Grin and bear it. Promise yourself that you will not do this when it’s your turn

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