Associates Who Want to Be Partner Must Be Proactive, Consistent

Some law firm associates may be certain of their standing and potential path to advance at their firm, but other associates may feel unsure if they’re performing well enough to sustain a long-term career there. Firms often have unofficial “mercy rules” where a partner tells an associate that there is no longer an opportunity for career advancement at the firm.

Associates who are unsure of their futures can ask themselves some key questions to stave off a mercy rule conversation.

Am I performing in a manner consistent with what is expected at my current experience level? Use available resources to conduct a self-assessment of your performance. Identify the objective standards and expectations of an associate at your current level.

Are you regularly meeting those expectations—such as, have you taken a deposition, or can you manage a team of junior associates? Where are you thriving? Where are the areas for improvement? Are you consistently delivering high-quality work and service to both internal and external clients?

Do I have a vision for my career and does it align with the law firm’s expectations? Create a career plan for yourself with various milestones. What are your professional goals for the next one to five years? What do you hope to accomplish?

Own your career by developing your own goals, and hold yourself accountable for meeting them. Ensure those goals are aligned with the firm’s standards when possible, and based on your level and practice group so you continue to meet the firm’s expectations.

You might consider working with an executive career coach to hold you accountable to your goals, or you can set quarterly check-ins in your calendar yourself to assess your progress.

READ MORE: Lawyers Shouldn’t Be Shocked to Learn They’re Off Partner Path

Do I have repeat customers coming back to me for assignments? When a restaurant has repeat customers, that typically means customers like the food, service, and ambiance. There’s something about that restaurant that keeps customers coming back.

When an associate has repeat customers—such as senior associates or partners requesting to work with them again—that often means they are delivering high-quality work. If many of your customers are “one and done,” try to learn who the associates are with repeat customers.

What are they doing well? Why do people gravitate toward them? What could you do differently to reach greater success? How can you make yourself indispensable to your colleagues?

Am I on track to meet my billable and total hour requirements? Billable revenue-generating hours matter because they impact a law firm’s profitability. If your billable revenue-generating hours are repeatedly lower than the firm’s standards, you may find yourself subject to the mercy rule and unable to advance. (This excludes reasonable explanations such as working at a reduced schedule, market-driven concerns, attrition, or personal matters.)

Make sure you know your firm’s billable hour requirements and that you’re on pace to meet or exceed them. If you realize you are unable to meet your firm’s expectations, can you make a good faith effort to fill your plate by proactively seeking billable work and maxing out on bonus-eligible work?

Make sure you are clear on whether bonus-eligible work includes pro bono work and firm contribution hours, such as training; professional development; diversity, equity, and inclusion; and shadowing. This way, you can demonstrate your efforts to stay busy and meaningfully contribute.

What feedback have I received about my performance? Don’t wait until you receive your formal performance review to reflect on your performance. At the appropriate time— which may be midway through the year or at the end of a deal or case—ask the attorneys you work for how you are faring.

Are you meeting expectations? Is there anything you can do differently to make their lives easier? At regular intervals, perhaps monthly or bi-monthly, take inventory of the feedback you’ve received. What work have you completed, and what did your colleagues tell you about the quality? Has most of the feedback been positive or constructive?

Is there an absence of feedback, and if so, what lesson can you glean as a result? Review any potential patterns—for example, are you repeatedly missing important communications from team members, or is it hard for your colleagues to find you at critical points of a deal or case?

Control the controllables. While you can’t control if or when the “game will be called” and the mercy rule is imposed, you can control the proactive steps you take to hold yourself accountable for your goals and professional development. You can regularly familiarize yourself with your firm’s expectations. Look inward to assess your progress.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

Author Information

Rachel W. Patterson is a senior talent manager for DEI at Orrick Herrington & Sutcliffe. The opinions expressed are those of the author and don’t necessarily reflect the views of their employer or its clients.

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