Welcome to HP’s second installment here at Law Shucks (Previous columns can be found in the growing archives).
This week’s topic complements last week’s post on looking out for yourself and not expecting the firm to be your friend.
After the jump, HP explains how to look out for #1 without stepping in #2.
Part of looking out for yourself includes the recognition that your fellow partners/associates may tell you one thing on Monday, then say they said something different come Friday, or they may actually mess up and try to blame you for it.
My motto is “if I screw up, I take the fall, but I am CERTAINLY NOT taking the fall for someone else’s screw up. This is an important point and I have seen it a million times.
You are a lawyer, you document other things. Document to save your a**.
This point also applies to clients. Some time ago, I had a heavily accented client asking me a question about the legalities of doing something. I really wasn’t sure I even understood him. I asked him to please send me an email so I could review the full scenario. When he did, I concluded something different than if I had just given quick advice on the phone.
Or, client tells you something, you act, then client says it was something else, and now there’s a problem. I usually start memoranda or even emails with what my understanding of the situation is…something like “We understand that X operates at ___ business in the following states. X provides __ but does not provide __. You have inquired whether —-….I know that most of us do this when we are doing formal memos but don’t let email trip you up.
Cover your ass.
I hate to say it, but some colleagues will at some point, attempt to screw you over.
Why? Well, they are trying to save their own asses of course.
In these uncertain law firm times, who wants to admit they made a mistake?
Classic example: one Friday, I had to leave early for a family matter. While I am out, I get an email from partner Harry saying wasn’t something supposed to get on file the day before, and have I missed a deadline. My heart sunk (and why do these messages always come when you are not in the office?). But I gathered my thoughts — because I know I am quite crazed about deadlines — and I kind of knew that this was not on my watch.
I went back to my emails and searched. Sure enough, I had an email from Harry some weeks back where I told him about the deadline, and asked if he needed help. He replied very clearly “no, I will take care of it.” So.. now I had my CYA documentation. I forwarded it to Harry and said, something like, actually, as indicated in the attached, you said you were taking care of it. End of story. As I said, don’t take the fall for someone else’s screw up and have the evidence to support your side.
Next week, we will cover the “Me File.” It sort of goes hand in hand with CYA. The bottom line of all this is looking out for YOU and protecting your “brand” in the market. You do it for clients, treat yourself just like you would treat the biggest client.
