Old Lady Lawyer: The Mushroom Theory Of Management And Succession Planning

What will happen to your clients if you are laid off?

Being laid off at any time over the past seven or eight years has become almost a badge of honor; it happens to many people, not because they weren’t good lawyers, but because there was a change in the management direction (we’ve moved the goal posts and your skills don’t mesh with the rest of the team, etc., how many times did I use that analogy in an employment mediation?) or there wasn’t enough work to go around. It happened to me and I would imagine that it’s happened to a lot of us over the years as a lot of basic legal work has shifted to delivery channels other than lawyers.

A friend of mine who was bought out of her employment agreement some years ago hid in her house for some years, thinking that she wore the scarlet L (for Layoff). She refused to get involved in any activities, be they bar association or otherwise; she did nothing but sit in her house and apply for all manner of jobs in the law and related industries. Nothing clicked.

It took me some time to convince her that a) nobody knew about the Layoff, b) lawyers being the narcissists we are, no one cared about what happened to her, and c) welcome to the layoff world.

Are you familiar with the mushroom theory of management? I can’t take credit for it, but it seems apt to use it in a discussion of succession planning (yes, again) but this time from the perspective of the laid-off employee.

With apologies to Wikipedia, I and others think the theory has three components:

  1. First, management keeps you in the dark.
  2. Then, it dumps all over you (I’ve substituted “dumps” for a more descriptive term; you are lawyers, you can figure it out.)
  3. Then management cans you.

Whether you’re a mushroom or worried about being a mushroom, you still need to think about succession planning. The worst possible outcome for you and for the client is for the client to think it’s been abandoned and blame you when you’ve been told to clear out of your office by the end of the day, and even to have security watch over you as you fill those ubiquitous cardboard boxes with whatever earthly possessions you’ve kept at work. Sometimes the canning comes without warning, but oftentimes, there have been warning signals, bells, eye rollings, talking-tos, whatever, that have been ignored. However, we’re talking about mushrooms here, not ostriches.

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If you’re the mushroom, more than likely you’ve have some relationship with the clients, even if it’s only been an occasional phone call or email (unless you’ve been doing only doc review, in which case we can stipulate to your fungibility).

You need to discuss with the employer how your departure will be characterized to the clients. What can you say? What do you want to say? What will the employer say, if anything? Negotiating that with the employer can and does give the departing employee some sense of self, some sense of control that is otherwise lacking.

Next, who is going to do the work once you’re gone? That’s where the succession planning by the mushroom comes in. You may not have much time to do it, but your reputation depends on your ability to exit gracefully and make sure the work is covered. Yes, it’s the employer’s responsibility, but if you’ve interacted with clients, it’s your responsibility as well. It’s your reputation, and even though you’re leaving, you never know when the paths of you and your client may cross again. You want to make sure that the client thinks about you only in a positive light and even protests your departure (always flattering). Who knows, that client may someday be a client of yours again in a new setting.

Make sure there are emails, memos, even handwritten notes in the files that you have been working on. It seems like a no-brainer, but I can tell you from experience that when people leave, whether as a mushroom or not, and there is absolutely nothing in the file to help the succeeding lawyer succeed, it’s beyond irritating. In fact, there have been instances (and it happened to me) when the departing lawyer gutted the files assigned to that lawyer, so that it was very difficult, if almost impossible, to figure out the status of various matters. Thank you very much.

So, the successor lawyer calls up the client and sounds like an absolute moron (which in fact, she is because her crystal ball is in the shop); the file doesn’t tell her anything about where the matter is, what needs to be done, deadlines, etc. Not only does this not reflect well on the mushroom, but it doesn’t make the mushroom’s employer look very prepared for such a situation. The client doesn’t care about the internal issues the outside firm or the internal legal department may have; all the client cares about (and should care about) is the work, its quality and timeliness.

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For both the mushroom and the canner, oops, the employer, whatever the circumstances, the departure should be gracious, graceful, and respectful. Even in the world of the more than 50,000 (not a typo) lawyers in Los Angeles County where I am, it’s still a small town in many respects.  Word gets around, especially if you’ve practiced in a specialized area. Don’t diss the employer and make sure the employer doesn’t diss you. If the relationship has been so strained that departure was inevitable, then perhaps a mutual non-disparagement agreement makes sense.

It’s not only succession planning for the client, but it’s succession planning for you, the mushroom, too.


Jill Switzer is closing in on 40 (not a typo) years as a active member of the State Bar of California. Yes, folks, California, that state west of the Sierra Nevada, which everyone likes to diss. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see old lawyers, young lawyers, and those in-between interact — it’s not always pretty. You can reach her by email at oldladylawyer@gmail.com.

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