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CAREER COUNSELOR’S CORNER
Surviving a Bad Performance Review [Jamie Barnes] Everyone dreads their regular performance reviews, which are just as likely to be harsh and cruel as positive and reassuring. A bad performance review can be overcome, however. Here’s how.
Many lawyers, doctors and other profession-
ago and is no longer relevant. Regardless,
Let’s deal first with the emotions that
als prefer to think of themselves as in busi-
the criticism hurts and remains potentially
surface any time you receive a performance
ness for themselves, merely using a group
lethal as long as it sits in some partner’s
appraisal. Unless these emotions are well
to provide office space, support services and
drawer already signed off on by other
understood and contained by you at the start,
occasional camaraderie. This assumed sense
partners. Well, if you’ve ever felt abused by
a rational discussion of the performance ap-
of personal independence undergoes a rude
the performance-review process, you’re not
praisal as an institutional tool -and how you
awakening when a senior partner calls you
alone. Such ‘heart-to-heart’ talks trouble
can successfully deal with it-- cannot take
into his or her office to detail for you, without
everybody. What you need is a survival strat-
place.
your asking, how you are perceived. Some of
egy to deal with performance appraisals.
the thoughts that may go through your head
Otherwise they can drive you nuts.
Reason Versus The Emotional Self
at a time like this are: Then there is this alarming news: As law
Nothing is more threatening to one’s invio-
“Just who the hell is (s)he to be judging me?”
firms continue to be operated more like busi-
lable sense of self and its importance than to
“All that negative stuff has been coming from
nesses (as opposed to being run like private
have a relative stranger sit down and dissect
X, who has been talking behind my back. I
men’s clubs), the performance appraisal be-
you both professionally and personally. First
knew I couldn’t trust him/her.” “(S)he acted
comes an important tool for weeding people
of all, the mere fact of delivering the apprais-
as if (s)he thought I was pretty cool. Now the
out as well as identifying top performers.
al solidifies that person’s superior rank. This
truth comes out!” “I feel dirty. I am neither as
According to Ellen Wayne of the New York
relative stranger also is acting summarily as
good or as bad as they say.” “Why is all this
Law Journal, “Evaluations have taken on an
judge and jury, dispassionately (hopefully)
ancient stuff being drudged up and thrown in
importance they never had before. Associ-
enumerating your strengths, faults, suc-
my face?”
ates are not only judged on the basis of their
cesses and failures and summarizing all this
work skills and performance targets but now
with either a ‘thumbs up’ or ‘thumbs down’
have the added anxiety that termination could
that leaves you either euphoric, confused or
Recognize yourself in any of this?
be the result of a less than glowing review.” Had similar feelings? They are normal. By
devastated. Even when an appraisal is flattering, there remains an uncomfortable edge
understanding anyone’s normal self-cen-
Most of us would agree that some sort of evalu-
to the process. You may wonder why you feel
tered and defensive reaction to being judged,
ation system is needed for everyone
so uneasy and perhaps even embarrassed.
and realizing that your feelings are automati-
Such a reaction is driven by your knowledge
cally programmed to respond self-protec-
The problem is how to construct a system
that no one can know you as you do; nor can
tively in such situations, you have won half
certifiably free of bias. This may be impos-
anyone else understand what you were going
the battle; because with understanding can
sible: Evaluation systems are constructed by
through when you wrote X, did Y or said Z.
come a modicum of control.
You can’t avoid professional criticism.
humans and humans are fallible. Furthermore, it is difficult if not impossible to
To further muddy the waters, performance
categorize and quantify the qualities that
reviews can often be subjective.
identify perfection in professions such as You may have strong opinions as to the innate
the law, meaning billable hours alone do
They can reflect group consensus or be
fairness of the appraisal process. You may
not tell the tale. There is something called
driven by personal spite and used to settle
be unfairly damaged and have documents to
‘partner potential’ which remains both on the
personal scores. At times, it can all seem
prove it. You may be thinking that you’re be-
appraiser’s mind and on yours. How does one
so unfair: A heroic performance against
ing criticized for stuff that happened months
evaluate that?
all odds during recessionary times can be
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1.800. 973. 1177
CAREER COUNSELOR’S CORNER
considered inadequate; an average perfor-
public attention to yourself and your firm. Do
What Abbot does not address is this: A
mance during spectacular economic times
that and you’re likely to hear about it on your
subjective judgment is still required because
can be considered superior. All of this can
next performance appraisal if not before.
everyone screws up and not all screw-ups are
make performance appraisals uncomfortable to contemplate, difficult to suffer, and
equal. What needs to be judged is the impor-
2. Improved communication
almost impossible to trust. Now that this has
tance of the screw-up. Did it cause the loss of millions of dollars in client revenue, or, say,
been said, let’s examine the other side of the
This is a dubious claim. It can happen, but
was the mistake made on a will and trust that
equation -the appraisal rationale. We’ll briefly
frequently the opposite occurs. Bad vibes are
had no substantive effect on the efficacy of the
discuss this and end with adaptive strategies
generated. Yet, if lawyers can be convinced
document? The firm culture and its guardians
you can employ to weather the stress and get
that the system is unbiased and the appraisal
must decide. They may disagree among them-
on with the job.
process conducted dispassionately, the oc-
selves but eventually must reach consensus.
casional bad feeling will not become part a
That is how the appraisal process works.
rising chorus of smoldering discontent. The
Thus, note that even the consensus judgment
component missing here, and it ought to be
handed down to you on your appraisal may
Talk to law firm partners and they will tell
mentioned, is discretion. Rather than create
be a matter of dispute among the partners.
you that many positive outcomes can derive
improved communication, which smacks of
The fact that there was internal disagreement
from performance-appraisals, among them (1)
corpspeak, the goal of the appraisal process
will most likely not appear on your appraisal,
meaningful feedback, (2) improved inter-firm
should be to remain confidential -a private
although it may be hinted at during your per-
communication, (3) maintenance of standards,
summing up between appraiser and appraised
son-to-person interview
and (4) facilitation of career planning. Not all
that hopefully clears the air, establishes base-
of these claims can be fulfilled all of the time.
lines for future on-the-job conduct, and sets
Some are code for firm agendas the individual
the agenda for a less fractious future.
The Appraisal Rationale
This is ‘corpspeak’ for ‘Am I Partner Mate-
lawyer may or may not pick up on. Let’s examine each of these suggested outcomes more
3. Maintenance of Standards Hard to argue with this one. A firm has a right to set standards and it has a right to
1. Meaningful feedback
rial?’ The whole purpose for most associates slaving away at their jobs and conforming to
fully so that you can understand why they exist and what traps they may conceal.
Facilitates Career Planning
expect you to adhere to them. The problem comes when these standards are not clear
firm production and decorum standards is to eventually grab the metaphorical brass ring -a partnership. If you achieve that, you think, you truly can be considered your own business, your own profit center, with control
The idea here is that if you know what more
at the start. In an article on the performance
experienced others think of your work product
appraisal in the March 17, 2003 edition of the
and conclude about you personally, you’ll
Los Angeles Daily Journal, which specializes
want to mold yourself into what is expected,
in local legal news, the writer, Consultant Ida
and parenthetically, if you don’t want to mold
Abbott advises any law firm to first assess the
yourself into this image, you’ll leave. Either
competencies desired and then:
Let’s say that you are nice to your mother,
performance appraisal is ‘meaningful’ as a
“…identify five to 10 specific components to be
beat your kids, are still happily married to
tool for generating conformity and weeding
evaluated for each key performance standard.
out misfits. Before you raise a cry of outrage,
If one of your standards is ‘professionalism,’
think about this a moment. The goal is not to
it must be dissected into specific, observable
turn you into a Stepford Wife. You can be a
tasks, skills, attitudes, behaviors and at-
cross dresser outside work and secretly pull
tributes that characterize what a lawyer must
the wings off of live flies for all anybody cares.
do to demonstrate that quality. For example,
The purpose is to encourage you to become
one component might be ‘attention to detail:
part of a team while at work and not a planet
Is thorough and tenacious in completing com-
circling around some distant star. On your
plex and multifaceted tasks; work product is
own, you can be as counter-cultural as you
neat and free of errors.’”
way, the firm benefits. In this instance the
wish, unless, of course you bring unfavorable
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over your own destiny. Again, there is some deception involved in any process which purports to outline the personal qualities and performance level needed to make partner: don’t smoke, drink or frequent hookers, don’t your original spouse and are punctilious in your weekly attendance of religious services. You have worked your way on to the boards of some small corporations. You are one of your suburb’s council members. You have brought in new business and you bill an ungodly number of hours. Sadly, you can meet all these qualifications and still have your partnership delayed if, say, existing partners do not retire when they say they will, your firm has financial problems, or a new partner arrives from somewhere else accompanied by several
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CAREER COUNSELOR’S CORNER
good and bad ways to do this. A bad way might
this. It was a problem I also had when I first
go like this:
started working here. I had to learn how the
Okay, So The Appraisal Process Is Not Perfect!
You: Well, how am I doing? Partner: What do
law firm did things. I might add that others
How Do I Proceed?
you mean? You: You know, my work perfor-
have noted how well you handle the client.
mance. Is it okay? In your opinion, am I part-
You’re very relaxed and professional and I’ve
ner material? What does the bonus situation
heard a lot of favorable comment.
big-time, high-margin clients.
Your first battle is to win a fight with yourself. As we have said, you are emotionally predisposed and programmed to protect yourself
look like this year? How much do you think I will get?
Case. I next plan to…..etc.
from bad news, especially if through your actions you caused the bad news to happen.
You: Thanks. Now, about the Laughingbod
Here’s what you did wrong in this conversation. Here’s What You did right in this conversation
Your mind will deliberately rationalize your mistakes. It will attribute them to events
First, you put the partner on the spot. You did
beyond your control. It may even shift blame
not give him or her enough time to reflectively
(1) You asked for advice, which flatters the
to others. In short, your brain will do almost
respond to your first question before you
potential advice giver. (2) You didn’t bombard
anything to avoid confronting the truth of your
asked the second question. As for the second
him/her with additional questions. You asked
own error. So, your first job is to confront this
question, if you have only been with the firm a
an open-ended question that gave the other
aspect of yourself and attempt to override it.
few years there may be no way of telling if you
person wide latitude in how to respond. (3)
Easier said than done, right? Well, awareness
are or are not partner material. True, impres-
You got the advice giver to point out problems;
is half the battle. When you make a mistake,
sions about you have begun to form. But those
but more important strategically, you got him
go ahead and rationalize it all you want, but
impressions can and will change over time.
or her to partner with you in working on the
allow part of your brain to recognize it for
So, the first piece of advice is to avoid asking
problem. You moved the advice giver into your
what it was, a blunder. Start with prevention.
about partnerships.
corner as a helper/facilitator. (4) Finally, you didn’t become a pain in the ass by dwelling
Where attorneys get themselves in needless difficulty is not owning up to mistakes.
Instead, Keep your questions specific to a particu-
on the subject. You moved on, allowing the
Most mistakes can be fixed quickly. If you find
lar assignment or series of assignments.
supervising attorney to do the same.
over and over, you need to be on the outlook
This is only reasonable. The long-term deci-
The above hypothetical conversation may or may
for this predilection. Then your brain can
sion regarding your competency and partner-
not be difficult to replicate.
start building fail-safe mechanisms to guard
ship potential is the result of many private
against similar future mistakes. Learn the
discussions by others that eventually result in
system. Every firm has its idiosyncrasies. For
a consensus after a period of years. A better
tionship between supervising lawyer and
instance, in your firm, what is considered a
way to inquire about your performance might
associate; but a loose approximation of such
respectable amount of billable hours? Are
go like this:
a discussion can be conducted with anyone as
yourself making the same type of mistake
partners down in the trenches with associates
It suggests an already comfortable rela-
long as you remember to keep your ques-
or do they have a tendency to remain aloof?
You: Do you think I did okay on the Laughing-
tion simple, open-ended, and focused on a
How is work assigned? How is it evaluated?
bod Case? I’m only asking because I respect
specific task or tasks. Your primary task: Get
If you get in the flow sufficiently to operate
your opinion and your feedback can only be
a supervisory attorney to take some respon-
automatically, then the aspects of the system
helpful. (Pause)
that seem petty or unnecessary will eventually
sibility for your development. This does not mean mentoring in the classic sense of the
be forgotten. Get feedback. But don’t do so
Partner: I thought you did okay. (Pause) You
word. You’re merely asking for occasional
too often. Don’t go running into a supervising
might edit your stuff a little more carefully
on-the-job critique from some one who may
partner or senior associate every three or four
before turning it in. You write persuasively,
even busier than you; so you cannot ask for
hours to ask ‘How am I doing?’ Your insecurity
and I’ve complemented you on your citations,
this directly but only hope that it is offered. If
will soon cause irritation and you will look like
and you’re great at meeting deadlines, but, as
it is, this person could eventually evolve into
a whiner and not a ‘take charge’ individual.
you know, I’ve also pointed out some problems
your mentor.
Instead, choose quiet times, outside the of-
from time to time, not serious, you under-
fice if necessary, to ask the assessment of
stand, but an indication that your language
someone senior whom you trust. There are
can use some tightening. I’ll work with you on
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Constantly evaluate yourself.
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CAREER COUNSELOR’S CORNER
The first and most important question you
deception and react unfavorably to you. Moni-
emotions. Finally, your task is to get supervis-
must ask is, Would I want to work with me or
tor yourself to see if you are walking around
ing attorneys ready to help you improve, which
for me? You can decide this by asking such
looking distracted or unpleasant. If you are,
starts with your being open to all suggestions.
questions as ‘Do partners, other associates
a smile can fix the problem even if you are
If you can do most if not all of this, you likely
or people in the support staff avoid me? If
boiling inside. In an article in JD Jungle, the
won’t be ‘blindsided’ at appraisal time. So,
so, why? Am I brusque in my professional
author (anonymous) comments as follows:
good luck to you. Take a while to think about
dealings? Do I complain a lot? Do I pick argu-
what you’ve just read. Try to dispassionately
ments? Do I fail to say ‘Thank you’ when
“Success at a law firm is about human
analyze your current work attitude towards
somebody goes out of their way or does some-
relationships,” says Peter Sloan, a career de-
your fellow associates, the partners, the sup-
thing nice for me? Am I absent more than I
velopment partner at Kansas City’s Blackwell
port staff, and your attitude towards yourself.
should be? Do I fail to return calls promptly?
Sanders. Every time you meet someone new
Some of the changes in this article may feel
-a partner, another first-year, your secretary-
ill-fitting the first few weeks you try them; but
Being aware of others is often difficult when
smile. Introduce yourself. Take the time to ask
none of them -smiling more, saying ‘thank
we have spent all of our lives focusing on
the person a bit about herself. Be the kind of
you’ when appropriate, controlling your nega-
ourselves, with our noses in books and with
person people like to work with, says Sloan.
tive emotions-will seriously compromise your
one test hurdle after another always star-
“You’ll lay the groundwork for the relation-
individuality. Instead, you’ll find your work
ing us in the face. But the truth is, in a work
ships you’ll need to get ahead.”
easier and the dreaded performance appraisal
environment it is all about interpersonal
easier to digest.
relationships. You don’t have to turn yourself
Sloan makes smiling sound like a cynical
into a back-slapping life of the party, but you
career move, but it is more than that. It may
need to be moderately skillful socially when
not help you get ahead, as he assumes; but
at the office. You may arbitrarily dismiss such
smiling can reshape your approach to work,
social niceties as ‘office politics.’ But the fact
to your fellow lawyers and life in general. Like
of the matter is that all work life involves hu-
physical exercise, it is necessary for a healthy
man interaction and all of human interaction
existence. So look upon smiling as produc-
is political in the sense that to work and live
ing multiple benefits, some of which may be
together we must make accommodations and
that people will like you better and be more
compromises in order to get along.
disposed to giving you a break.
Periodically, force yourself to evaluate your social interactions.
Conclusion
What aspect of these interactions can you
You cannot avoid performance apprais-
manage better? Which relationships seem
als. Even partners get appraisals. You will
to be working best? Why might they be? Do
be evaluated in one form or another all of
these relationships work solely because you
your working life. Since you cannot avoid the
genuinely like these particular individuals?
process, it is better that you manage it as best
Because you share some interest no matter
you can. You must first manage your emotions.
how banal? Or is it because you take the time
This is the toughest part. Secondly, you must
to recognize them as unique individuals?
identify and establish a comfortable feedback relationship with those responsible for judging
Proactively, always find something about
you. This means getting constant feedback
somebody else to compliment, but do so
without having to ask for it; which in turn
judiciously. Don’t just make up something. The
means establishing the kind of open and ea-
compliment has to be sincerely felt or noticed
ger-to-improve attitude that permits criticism,
or the other person will likely intuit your
which also has much to do with managing your
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