Whatever happened to honesty?

September 25, 2007

Whatever happened to honesty?

I was talking to the boss the other day, and came to learn something very interesting.  The associate I replaced had left for greener pastures.  By greener pastures, of course I mean that the associate got offered a job at another firm, a couple of counties away, making significantly more money then here.

The Boss wasn’t going to be able to match the new salary, so he congratulated the associate on the new position and hired me as a replacement.

Well, it was recently discovered that the associate wasn’t heading to the greener pastures he claimed.  Instead, he opened up his own practice, not a few counties away, but a few blocks away.  This was discovered when one of our clients changed representation to the old associate.

Now the boss isn’t upset that we lost the client.  The boss isn’t upset that an associate would leave this practice to open up their own.  The only thing the boss was upset about was the lie.

Now I understand the whole “last minute notice” that some attorneys give.  I realize that there are firms where, once you give them notice, they say that you can just pack your bags and go that day, instead of the two weeks you gave them.  What I don’t understand is the lie.  Why say you’re going to do X when you’re really going to do Y?  There’s no need.  Plus, when you’re really opening your own practice up down the street, your old boss will find out.

What amazes me is how this associate kicked himself in the own ass by doing this.  The boss would’ve been willing to send him referrals, possibly let him continue working on some cases as co-counsel or sent him cases outright (with the client’s permission of course), or provided him with some appearance work to help supplement his initial income.  Of course, none of these things are going to happen if the boss doesn’t know this is possible.  After all, you’re not going to send appearance work to someone in another county, when you know people in your county who can do it.

So by lying about where he was going, the old associate cost himself some business and income when he’s just starting out as a solo, as well as some goodwill and reputation with his old firm.  Why?  I have no idea.

This is something that I won’t do when I’m eventually ready to set up shop.  Why should I lie about my intentions?  There’s really no good reason to do so.  Even if you think of a good reason, realize that in the practice of law, the truth will come out eventually.  Even in a large legal pond (i.e., lots and lots of lawyers), it still ends up being a relatively small community.  Plus, depending on the situation you are leaving, if the firm is congenial and supportive of you opening your own practice, you may get some help, in the form of old equipment/furniture/books, forms or just some good old-fashioned advice.

Besides, the perfect practice begins with the perfect transition, and a transition based on lies is not a perfect one.

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