This article was originally published
in our LinkedIn Newsletter “Leaders @ Law“
Imagine you’ve just promised a client an answer by tomorrow. You turn to an associate you trust and explain what you need.
“I’m sorry. I’m already at capacity,” they respond.
You pause. You’re at capacity, too!
There’s a document waiting for your review, another client expecting a call, and a full day of your own billable work ahead of you. You weren’t asking because you had time to spare. You needed help.
Maybe your first thought is,
“Do they understand that sometimes we all have to stretch?”
Or perhaps it’s a more personal one:
“I would never have said that to a partner when I was an associate.”
I can understand why that response would frustrate you. You’re responsible for getting the client what they need, and now it feels as though you have one more problem to solve.
You are feeling annoyed, disappointed, and frankly… exhausted.
But before you decide what this says about the associate, I’d encourage you to get curious about what they’re actually asking you to do.
Are they saying, “I don’t want to take this on”? Or, “I don’t know how to do this without letting another partner down”?
Those are very different conversations.
What Does “At Capacity” Mean Here?
An associate might be working for three partners. One needs a brief tomorrow morning. Another is expecting revisions tonight. And now you need an analysis for your client.
You can see your deadline. The associate can see all three.
If you tell them to prioritize, what would you expect them to move? Can they tell another partner that your assignment takes precedence? Do they know which deadline is driven by a client need and which has some flexibility?
You probably have a better sense of those relationships and consequences than the associate does. But unless you talk about the competing commitments, each of you may be assuming the other has enough information to make the decision.
A useful place to start is: “Walk me through what you’ve committed to, who’s expecting it, and when it’s due.”
You don’t need every item on their to-do list. You need to understand what taking on your assignment would affect.
And you may discover that the problem is smaller than it sounded. Perhaps the associate assumed you needed a finished memo when a preliminary view on two questions would be enough. Or perhaps another assignment can wait until tomorrow.
Use Your Influence to Address the Issue
Let’s say your client’s deadline is fixed, and another partner’s assignment needs to move.
It’s tempting to send the associate back to sort it out. You have your own practice to run. You don’t want to become the person who coordinates everyone’s calendar.
But consider what you’re asking the associate to do: negotiate between partners about whose client work gets done first.
They may feel pressure to reassure everyone. They may choose the partner they’re most worried about disappointing. A common situation is that associates will prioritize the more senior partner’s work over someone whom they see as less influential. Either way, you still need to know whether your work will be ready.
A brief conversation with the other partner may be the quickest way to get a reliable commitment. You could also bring in another lawyer or narrow the assignment to what the client needs now.
Then close the loop with the associate: “I’ll speak with the other partner about the possibility of moving their deadline. For this matter, focus on these two questions and send me your preliminary view by four. Does that give you enough time?”
Show Your Associate That You’re a Team
When you offer to speak with the other partner, you’re showing the associate that they don’t have to navigate competing demands alone. You understand the position they’re in, and you’re willing to use your influence to help them do good work.
You can build on that by being clear about how you want the two of you to handle these situations:
“If you’re worried that you can’t meet a deadline, come talk to me as soon as you see the conflict. Bring me the commitments you’re juggling and any ideas you have for making this work. We’ll figure out what needs to change and where I can help.”
The associate still has a responsibility to think through the problem and follow through on what you agree. Your willingness to help gives them a reason to bring you the problem while there’s still time to do something about it.
Over time, those conversations can change how an associate experiences working with you. They learn that they can be honest about a difficulty without leaving you to solve everything. And you get a clearer picture of what they can deliver, rather than a reassuring “yes” that turns into a missed deadline.
You both want to do good work for your clients. Show the associate that you’re willing to help them succeed, and be clear about the part you need them to play. That’s how you start working as a team.
