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News

Law Practice

Jul. 30, 2002

Partner Defections Need Not Be Devastating

Dicta Column - By Robin Gerber - Every law firm's worst nightmare is being played out in the news pages of legal newspapers and the business press as the saga of Brobeck, Phleger & Harrison and its former managing partner Tower Snow unfolds. Snow's departure along with a core group of partners to London-based Clifford Chance Rogers & Wells was not Brobeck's best headline. The episode raises the question about how law firms can detect and respond to a key partner's defection.

        Dicta Column
        
        By Robin Gerber

        Every law firm's worst nightmare is being played out in the news pages of legal newspapers and the business press as the saga of Brobeck, Phleger & Harrison and its former managing partner Tower Snow unfolds. Snow's departure along with a core group of partners to London-based Clifford Chance Rogers & Wells was not Brobeck's best headline. The episode raises the question about how law firms can detect and respond to a key partner's defection.
        Losing a partner with stature and visibility is never good, but it need not be devastating if handled properly and promptly. The first step is recognizing the warning signs. Here are some signs that a partner is interested in leaving a firm.
Increased interest in the firm's marketing department. The sudden desire for a higher profile may indicate a lawyer is shopping around. Some examples include writing bylined articles for periodicals or newspapers, requesting introductions to legal reporters and a sudden interest in speaking engagements.
Unusual and unexplained absences from the office. It takes time to interview.
Vacations that are out of character. When the famous workaholic suddenly begins drawing down the vacation days, it may be because he or she doesn't want to leave them behind after departing the firm. If the partner doesn't want to be contacted by phone, fax or e-mail or doesn't answer voicemail from the office when he has always stayed in close touch, that is also a bad sign.
Speaking negatively about the firm or partners. Convincing oneself that a firm is no longer adequate to meet one's needs is often part of the decision-making process. If friends or colleagues report hearing that a partner is saying unflattering things about other lawyers in the firm or its clients, trouble may be brewing.
        When a key partner does leave the firm, there are a number of steps that can be taken to lessen the negative impact on the firm.
Break the news quickly to everyone in the firm. You want to position the upcoming change rather than allow the departing partner to do it. Tell key partners before telling the other partners, associates and support staff.
Speak right away with lawyers you fear could go with the defecting partner. One person's departure may be another person's opportunity. Advise him or her of your firm's retention policy, which may involve trying to match or beat the other firm's offer in relation to compensation, the partnership agreement, benefits, etc.
Let the defecting partner's clients know your plan for handling their business immediately. Although you are probably going to lose some, every client retained is important. Have name partners personally visit key clients, and make sure that they are thoroughly briefed about the clients' business beforehand.
Choose someone to handle media inquiries. This person should be prepared beforehand with talking points and practice interviews.
Focus attention on the firm's public relations, marketing and branding programs. It is natural to be concerned about lost revenues, but this is not the time to cut back on these activities.
Introduce the replacement partners to the firm's clients and the business and legal community. Consider implementing new advertising in the marketing mix.

        Robin Gerber is a president of RGA Inc. in Los Angeles, a public relations firm specializing in reputation management, law firm marketing and crisis counseling.

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