In-House Counsel

'It's Not My Fault! The Client Won't Act!'

According to in-house columnist Mark Herrmann, it's your fault until you either accomplish your task or make it absolutely clear to everyone that you can't and you need help.

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I recently heard an in-house lawyer bemoaning her fate.

But she didn’t have to be in-house; lawyers at firms experience exactly the same thing.

“I was told to accomplish a certain thing. Only one person could make it happen — a very senior executive had to make a phone call to strike a deal. So I sent an email to the senior executive asking him to make the call. He didn’t. Three weeks later, people were blaming me. How can that be? I’m just a low-level in-house lawyer. I can’t force Mr. Big to act. How can people possibly blame me for this?”

Sorry, Charlie — it’s your fault.

It’s your fault until you either (1) accomplish the thing you were asked to do or (2) make it absolutely clear to everyone in the neighborhood that you aren’t able to accomplish your task and that you need help. One email asking Mr. Big to make a call doesn’t get you there.

“What was I supposed to do?”

Starting with the email was good idea. But Mr. Big is busy. Or doesn’t recognize your name. Or doesn’t care too much about your problem. Or simply forgot that you asked him to make the call. So you can’t stop with one email.

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A few days after you send the email, follow up with a call, leaving a message for Mr. Big to call you back to discuss the issue.

When he doesn’t, send another email, this time copying your boss (and maybe your boss’s boss, depending on the situation and who asked you to accomplish the task). That email tells Mr. Big, “I followed up on Monday’s email (attached) by calling you yesterday to discuss this matter. Please do call me at your early convenience; it’s quite important to the company that you and I connect.”

(We’re now using public shame to encourage Mr. Big to call you. The copies of your email demonstrate that other senior folks in the law department are watching Mr. Big shirk his duty. Maybe that shame will prompt him to act.)

Mr. Big naturally ignores you.

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So, a few days later, you again write to Mr. Big, again copying your boss (and, perhaps, the boss’s boss): “I’m following up on my two emails (attached) and phone call of last week about our matter. Please let me know if you’ll be available to speak sometime this week. If you’re terribly jammed up, please let me know, and I’ll see whether Mr. Bigger (your boss) or Mr. Biggest (his boss) have time; perhaps one of them can make this call if you’re too busy.”

(We’ve now moved beyond mere public shaming to a threat of ratting Mr. Big out to his boss. Mr. Big is supposed to make the call, and Messrs. Bigger and Biggest will be outraged if they must do Mr. Big’s job for him. Maybe this will capture Mr. Big’s attention.)

Mr Big is steadfast; he doesn’t respond.

I don’t think that I would at this point actually rat Mr. Big out to his boss; that might be a career-limiting move. Rather, I’d ask for help. I’d go to my boss and explain: “As you’ve seen, I’ve pestered Mr. Big relentlessly about accomplishing my task. I’ve shamed him in front of you, and I’ve threatened to go higher up in the organization. But the guy is just ignoring me. I’m not going to be able to achieve my task. Can you help?”

Only now — multiple emails, and phone calls, and requests for help later — is the failure to accomplish your task no longer your fault. You knew this was your job. You tried to accomplish it. You deployed public humiliation and threats of more humiliation to get Mr. Big to act. And, when all that still didn’t work, you asked someone higher in the organization to help you out.

In other words, only now does the world think that you really, really, really tried to accomplish your task.

The single email was nice, but it was a half-hearted effort to achieve something, and it showed no concern with failing to accomplish it. Only by really trying — and showing that you were trying, and asking for help when you failed — had you done enough to avoid responsibility for your failure.

When asked to do something, either do it or make clear that you’ve done your best, failed, and need help.

“The fault, dear junior lawyer, is not in our stars, but in ourselves . . . .”

Mark Herrmann is the Chief Counsel – Litigation and Global Chief Compliance Officer at Aon, the world’s leading provider of risk management services, insurance and reinsurance brokerage, and human capital and management consulting. He is the author of The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide (affiliate links). You can reach him by email at inhouse@abovethelaw.com.

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