How Important are Performance Reviews?
by Andrew Gurman, Managing Director, Michael Lord &
Company
Associates often wonder what to make of their annual or semi-annual
performance reviews. Firms may seem to minimize their importance
by providing them weeks or months after they were originally
supposed to take place, or even neglecting them altogether.
But performance reviews do matter and can provide a bevy
of information for attorneys who listen carefully to the explicit
and implicit messages contained within them.
Here are three varieties of performance reviews and some
commentary on each:
Glowing Review: "You’re the
top associate in your class year, and you are firmly on a
partnership track. Keep it up!" Associates who are fortunate
enough to receive uniformly positive reviews and some stellar
comments are clearly in excellent standing. They can leverage
these helpful comments, for example, in the business development
context, by seeking to go on pitches with partners, or in
the recruiting context, by telling a potential employer during
an interview how well regarded they are. But associates receiving
wonderful reviews should note that conditions can change,
sometimes dramatically, from one year to the next. Further,
learning during a review that one is expected to make partner
by no means guarantees that it will actually happen. The importance
of such a review depends in part on the attorney’s level
of seniority. It is one thing if an eighth year associate
is told s/he is on a partnership track, but such a comment
means much less for a junior associate. Elevation to the partnership
ranks depends on many stars aligning properly, such as the
right economic conditions, sufficient book of business, substantial
need within an attorney’s practice area, continued excellent
performance, etc.
Warning Signs: "Your research and analytical
skills are solid, but your writing needs to be improved."
Associates should especially watch out in a performance review
for (1) a serious concern raised by a partner, or (2) a weakness
pointed out by multiple reviewers in one performance review
or by the same reviewer in multiple reviews. These warning
signs often indicate that the firm does not see the associate
as having a long-term or at times even a short-term future
with the firm. Firms document associates' problem areas in
reviews so that they have written records should they decide
to terminate their employment. When a firm is experiencing
a difficult economic situation and has to lay off associates,
a previously stellar associate can suddenly get negative reviews.
This situation is particularly troubling to associates whose
informal reviews/comments did not suggest any issues. Any
associate receiving a negative review should monitor her/his
billable hours. If low based on the amount typically billed
by associates in the same class year, then s/he should be
more concerned than if s/he is billing significant time.
Clear & Present Danger: "You should
start thinking about other opportunities." An associate
who hears these words from the firm's partners should certainly
follow this advice, and quickly, because a move typically
takes several months and it is easier to move when employed.
An associate who is put on a performance improvement plan
or on probation should similarly think about other options.
Often, firms will ultimately ask such associates to leave.
As with associates receiving less alarming warning signs,
an associate on probation should look to her/his hours in
assessing job security.
Andrew
Gurman is a Managing Director with Michael Lord & Company.
Andrew graduated from Harvard Law School and Yale University
and is a former associate with Simpson Thacher & Bartlett
and Paul, Hastings, Janofsky & Walker in New York. His
direct dial is 646.258.2476, and his email address is andrew@mlordco.com.
© 2012 by
Michael Lord & Company, New York, NY and Wilton, CT. All
rights reserved.
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