In many law firms across the globe, there lies an unspoken rule often referred to as ‘the mercy rule’. This rule is typically implemented when an associate’s route to partnership is cut off due to various factors such as low billable hours, subpar execution and communication, lack of substantive knowledge, or other unmet expectations. Quite often, senior associates are taken aback when they realise that they no longer have a path to partnership. Even junior associates sometimes find themselves falling short of the firm’s expectations. However, implementing the mercy rule calls for a fair evaluation and an ample amount of opportunities for improvement, and it should not come as a surprise to the associates.
Law firm leaders should consider several points when they come to a decision on this matter. Firstly, how many mistakes have been made by the associate in question, and were they given a chance to correct their errors? It is important to remember that everyone errs, but are these errors a consequence of a lack of feedback or explanation from their senior colleagues?
Additionally, have associates been given necessary resources to improve? Many law firms often have resources for professional development in areas such as writing skills, presentation skills, and more. These resources are typically provided through the firm’s training team, lawyer development team, HR, the DEI team, or practice-group-specific offerings. The question is — does the associate have knowledge of these resources?
The role of a sponsor also needs to be assessed. A sponsor, who is well-positioned, can both give the associate a fresh chance and ensure consistent work. Is the associate in need of a sponsor who can give them a second chance? If the associate has failed to meet the expectations with some partners, are there others in the firm who are willing to give this associate a new opportunity?
The mercy rule should also be reassessed considering unpredictable variables that are beyond the associate’s control, such as economic fluctuations or conditions like a pandemic. These factors may affect the associate’s performance at the firm or even partners’ perceptions of that associate.
The mercy rule is a fact of life in law firms. While a leader may call the game on an associate’s journey, the delivery of timely and direct feedback, coupled with providing resources, sponsors and opportunities to improve, can hopefully lead to equitable outcomes.
For more on this topic, access the full article written by Rachel W. Patterson, a senior talent manager for DEI at Orrick Herrington & Sutcliffe: here. Please note, the opinions expressed in the article are those of the author and do not necessarily reflect the views of their employer or its clients.