Best Practice: Problem partners - Do you have the right folks on the bus?

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am managing partner for a 16 attorney firm in Minneapolis. We have been having problems with one of our senior partners. He is our highest fee generator - both origination and generation. He operates as a "lone ranger" and refuses to work as a team member with others. He won't follow firm policy or play by the rules. We are trying to build a team based practice and this one partner is holding up our progress. Do you have any thoughts or suggestions?

A. Getting and keeping the right people on the bus is a key challenge for law firm management and dealing with "maverick partners" is always a challenge. Of course they seem to always be the heavy hitters and this makes it that much more difficult as often there are major clients and large sums of money at stake - at least in the short term. This can also be major issues and large sums of money at stake in the long term if you don't deal with the maverick partner as well. In addition you won't be able to achieve the vision and goals the firm is trying to achieve.

• For starters - if you have not already - create a well understood set of firm core values or code of conduct that governs behavior in the firm. For example, in most firms people are expected to work hard, be honest, and treat each other with respect.
• Partners as well as all other attorneys and staff should behave in a collaborative, cooperative, and team-orientated manner.
• Partners as well as all other attorneys and staff should comply with all firm policies and procedures.
• Enforce firm policies for all - no exceptions.
• Consider coaching, counseling or other forms of outside assistance if they could prove helpful.
• Lay down the law - confront and deal with the problem partner sooner than later - even if it means he or her leaving the firm.

Many firms have had to deal with the problem of a maverick "huge business generator" who just wouldn’t cooperate with firm policies and caused conflict and tension in the firm. It is an unpleasant task - but in the end - worth the investment. In the end he or she either conforms or leaves the firm. We have been advised by our clients that even though they may have struggled in the short term as the result of the loss of a major fee producer - in the long run the firm was better off and should have done it earlier.

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John W. Olmstead, MBA, Ph.D, CMC,(www.olmsteadassoc.com) is a past chair and member of the ISBA Standing Committee on Law Office Management and Economics. For more information on law office management please direct questions to the ISBA listserver, which John and other committee members review, or view archived copies of The Bottom Line Newsletters. Contact John at jolmstead@olmsteadassoc.com.