Surviving a Bad Performance Review

1.800. 973. 1177

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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1. 800. 973.1177

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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