When people ask me why I left law, I usually tell them that my personality didn’t fit into law, that I found it excrutiatingly boring, and that I really wanted to do something I liked. Which is all true. I also sound less bitter than if I l tell them that frankly, I couldn’t deal with all the asshole lawyer behavior. That was the bottom line for me.
The most consistent complaints I hear from clients about law firms are the toxicity and dysfunctionality of firms, and billable hours. Those two things are actually related, but for now I’m going to focus on the asshole side of things. Fun!
For the 25 or so years I’ve been in and around law, the disdain the majority of law firm lawyers have for feelings and values has done nothing but grow. I recently read that as far back as the Stone Age, aka the 1950s, this has been a problem for the legal profession. No less a luminary than Erwin Griswold, Dean of Harvard Law School in the 1950s, said, “Many lawyers never do seem to understand that they are dealing with people and not solely with the impersonal law.”
One of the big drivers of lawyers’ inability to appreciate and deal with emotions stems from a core skill of any competent lawyer: the ability to analyze problems in a detached, objective, and logical manner. This is the Thinker default, in Myers-Briggs personality terminology. In other words, being dispassionate and logical is the default, the comfort zone for the vast majority of lawyers. (The opposing end of the Thinker axis is the Feeler, who are primarily concerned with values and what is best for the people involved.)
According to research of Dr. Larry Richard, a legal consultant, psychologist and former practicing attorney himself, about 70% of lawyers are Thinkers. Some place that number even higher, near 80%. I’d take a wild guess that for law firm leadership, it’s more like 90%. The high percentage of Thinkers controlling law firms, and the almost universally dysfunctional work environments of law firms, are not just an accident or coincidence.
Lawyers Are Emotional Idiots
Just because people default to Thinking as their preferred problem-solving tool doesn’t mean they don’t have feelings, or that they cannot use a Feeler approach to solve problems. But what it does mean is that they often are not very adept at situations that require facility with managing feelings.
Another way of looking at the source of law firm dysfunction and toxicity is via the Calpers Personality Profile. I’m not any kind of expert on it, but Ronda Muir, author of The Unique Psychological World of Lawyers (an excellent read), is. She pegs something important about law firm dysfunction when she says:
[S]kepticism is a trait that ranges from being cynical, judgmental, questioning, argumentative and self-protective on the high end to accepting, trusting and giving the benefit of the doubt on the low end. The general population has an average score of 50 on skepticism, while among lawyers it is consistently the highest scoring trait, averaging 90. This trait can be very useful in the practice of law, particularly litigation, tax and M&A. However, most people tend to use their strongest traits in every arena of their lives, so this high level of skepticism is also carried over into partnership meetings, team deliberations and committee work (as well as personal relationships) that may call for more trust and collaboration. (emphasis added)
Also, when it comes to emotional intelligence, Muir points out that lawyers often don’t perceive their own, let alone others’, emotions. So “the emotional data that they are analyzing day in and day out is likely to be incomplete or inaccurate—lawyers are likely to be misreading what they themselves or others are feeling.“ In other words, they are out of touch with their own emotions and pretty clueless about others. Sound familiar?
Another interesting psychological metric that contributes mightily to organizational dynamics is the Thomas-Kilmann Conflict Mode. It measures 5 different methods that people use to solve conflict: competing, collaborating, compromising, avoiding and accommodating. Most of us tend to use 1 or 2 methods, rather than all 5. General business leaders tend to use collaborating and compromising as their go-to conflict resolution tools.
Naturally, lawyers do not use these much. Instead, they primarily use competing and avoiding. As you might imagine, this doesn’t go well for anyone involved. “The upshot of this preference is that lawyers tend to either engage in an all-out war over divisive matters, with the intent of ‘winning,’ or they walk away,” according to Muir. This is why we have those $25,000 comma meetings in law firms, and people who won’t even say hello to each other in the hallway.
Now, I would wager that in law firms across the country, not a day goes by without hundreds of psychologically stunted or emotionally inappropriate behaviors. But usually, we don’t hear about them. Thanks in part to the glory of email and gossipy media like Above the Law, though, we have a wonderful example of very recent asshole behavior from a BigLaw firm, Kirkland & Ellis.
Fallout From Asshole Partner Email
In case you didn’t get the story forwarded to you by 10 of your colleagues, the gist of the story is that Kenneth Morrison, a Chicago partner in charge of the firm’s asset finance and securitization practice, got peeved about the number of firm-wide emails he has been receiving that ask for help about matters he viewed as inappropriate. So he sent out his own firm-wide email that, in a nutshell, blasted and shamed the 3 most recent senders. It was about 1,000 words long, so I’m estimating he took at least 45 minutes to research and write it.
But he didn’t just spew at 3 poor Kirkland lawyers. He also managed to take a swing at recent lateral hires from Simpson Thacher & Bartlett (“a/k/a Kirkland’s AAA farm club”), efforts by many of his other partners to teach people like him to be nice and play well together, Scotland (weirdly), and senders of 2 other long-ago firm-wide emails that irked him. It is spectacular reading, and I encourage you to read it in full.
What Thinkers like Morrison utterly fail to see is how these nastygrams really affect the productivity and quality of work in their firms, due to their colleagues’ feelings. Let’s break down what likely happened at Kirkland & Ellis in the wake of Morrison’s temper tantrum. (I’ll leave aside the $1,000 of Morrison’s own billable time that it likely took to compose his email.)
- Reading time. Let’s be conservative and say that 60% of Kirkland & Ellis lawyers read the email. So that’s roughly 850 lawyers who spent .1 billable hours simply on reading. Assuming a median rate of $700/hr., that’s a $595,000 hit on income. But of course, most attorneys would work that extra 6 minutes, so let’s move on to the real productivity costs.
- Talking about the email. Whether by email, commenting on the article on Above the Law and other places, or actual office and hallway conversations, I’d wager that at least 500 Kirkland lawyers spent a good half-hour each discussing not only the email, but also Morrison in general, the Kirkland culture, and a lot of other gripes they have about their colleagues. So now, we’re talking $2.38 million of talk time. I’m not confident that all that time will be recovered, due to #3.
- Emotional wounding and distraction. Even when those 500 lawyers finished talking about the email, it still left an emotional mark on those who already were unhappy about the firm and the profession. Emails like Morrison’s are a trigger. They set off waves of unrest and dissatisfaction, if not outright plunges into depression and anxiety. Focus gets lost, and it’s hard to regain. So you have a bunch of lawyers who are not thinking well or clearly (let’s say at least half, so 425 of the 850 that we guess read the email). They may end up doing substandard work, which means that other people have to review work and catch mistakes (cha-ching!) that they wouldn’t have had to do otherwise. And the distracted lawyer has to fix stuff (more cha-ching!). Plus it makes it hard for many of them to even drag themselves to the office the next day, or get to work at all, if the experiences of me and my clients is any indicator.
- Decreased efficiency. Memos like Morrison’s ratchet up the perfectionism and fear factors of most lawyers, particularly the less experienced ones. Scared people don’t think as well as calm people. Also, people are afraid to reach out for help on projects they don’t understand. That leads to poor work product (and what if that doesn’t get caught?), feelings of isolation and desperation, and lost opportunities to learn and grow as a lawyer. Gee, sign me up!
- When Morrison-type missives are par for the course, lawyers flee. This is true particularly for young associates who are just becoming profitable and important parts of teams. Lawyers routinely underestimate and dismiss the value of knowledge and talent flight, but that doesn’t mean it doesn’t exist. It costs firms a lot, in terms of lost revenue, lost knowledge, training and such, to replace associates. Estimates range from $250,000 to $500,000. So if we assume that Morrison’s email is the trigger that ultimately causes even 20 lawyers to walk out in the next year, he has cost his firm between $5 and $10 million. Even to BigLaw, that’s not chump change.
The Take-Away for Thinker and Feeler Lawyers
Of course, the real irony is that Morrison and many lawyers think he’s solving a problem, by ridding them of highly irritating email overload. I’d wager that these lawyers think their efficiency will improve, and maybe it will. The easiest solution, the delete function, takes less than a 30 seconds for a single email. So maybe they have to delete 25 firm-wide, annoying emails. That might take .1 hours.
Of course, if they suck at emotional regulation (a topic for another post), like so many attorneys do, they might let that irritation bloom into a 15-minute internal or hallway rant. Still, that’s far less costly in billable time and inefficiency than the consequences of the email.
The take-away, for those of you suffering in the toxic cesspool of law firm dysfunction?
If you’re a Feeler, understand that some of the asshole behavior around you is because many of your colleagues simply aren’t getting enough information about emotions of clients, colleagues and staff to make good decisions. Approach them (during a non-crisis moment) with an example of when that happened, perhaps modeled a bit on my analysis above. Offer to help them gather more information before deciding something. If you approach it as information deficit, you’re more likely to get some buy-in. Thinkers, after all, love data; you’re offering to give them more.
If you’re a Thinker, recognize that your comfort zone is in reasoning things out and being dispassionate, and that’s where you tend to go whenever there’s a problem to solve or a conflict brewing. When you need to analyze a legal issue, this tendency is a real asset.
But Thinkers must understand that thinking your way through a problem is only one of several tools available to you, and that other tools are more appropriate and effective in some situations. Being questioning and argumentative is fine in court and often (though not always) with opposing counsel, but is likely to garner you the less-than-coveted title of “Asshole Lawyer” if you use that tool in every single situation in your career and life.
Jennifer Alvey is a recovering lawyer who was once one of the 20% of Feelers in law firms. If being surrounded by asshole lawyers is making you miserable, she can help. Contact her at firstname.lastname@example.org to schedule a discounted sample session.
Reblogged this on Recovering Paralegal and commented:
Plus, some of them have personality disorders and some are actively sadistic/sociopaths.
So true, JP, so true. I had to keep the focus on the fairly normal, or it would have been a 5,000 word diatribe instead of a 2,000 word one!
they’re why I decided to go back to the phone company after retraining in school & then working as a paralegal for a few years. OMG could I tell you stories!
Love to read the original email in full…
Lawyers are like hornets. They’re feisty, biting, stinging and fiercely aggressive. Most of the population hates them, but they’re beneficial to a degree.
I’ve had more problems working with young women lawyers than any other group unfortunately. They have been more insulting to me personally than any male boss (i.e., “I said it twice already”). Meanwhile I work for four attorneys, have 15 years of experience. help these young associates along, remind them of things they’d otherwise forget, and catch their mistakes without judgment. The tantrums and petty gossip I’ve endured are like no other job where I’ve worked . They actually expect me to tell the Partner that their deadline is more important than his. Tell him yourself if you’re such a bad ass. I’m so done.
I’ve had a career in information technology and now career and academic coaching —-after I walked away from law school. I took my own advice. EVERYONE should work in the field of their choosing in some capacity to see what the life/career would be like. After graduating with a Bachelors and Master’s degree in Economics, I chose to work a the Dept. of Labor in DC while applying for law school. OMG. I learned that I became anxious when other people lied… I had to admit, I was not temperamentally suited for practicing law. The “lying” or information control–or simply the entire social milieu of law seemed toxic. I knew at age 23 I would not be happy. Today, I urge everyone to take the time and work in the field to which you aspire.
Please don’t take this the wrong way (but I fear that, in today’s climate, there is no RIGHT way): Based on more than 30 years’ experience, women attorneys are the absolute WORST excuse for human beings I have ever known. A reaction to male mistreatment/dominance? A need to “prove” themselves? On a feminist crusade to prove they can be as brutish as men? I don’t know and, more importantly, I DON’T CARE. Life is short and I’m not their therapist. All I know is that the most arrogant, unreasonable, carping, petty and “kiss up, kick down” attorneys I’ve ever had the displeasure to deal with were almost uniformly women. NOT all women, mind you, but WAY too many. To talk to them, however, they are victims: a fact that only compounds their obnoxiousness, since many of them are Ivy League educated and among the most privileged and fortunate people on earth. I’ll keep judging individuals as individuals, but I’ve seen too much to ignore the above facts. Any thoughts? (I’m sure this will draw vitriol, if not blood.)
Interesting. Do you find the same behavior in women you know in other settings? As a coach, I see many people with selective filters that support an underlying narrative. Often, people are not fully conscious of their narratives. No clue whether this dynamic is at work in your experience or not.
Not Politically Correct Trigger Warning.
It has been my observation that those who must have suffered enormous and outrageous cruelty in middle school and high school due to an unlucky and unfair genetic inheritance (i.e., blatant and extreme physical unattractiveness) tend to be particularly vicious and nasty as lawyers, including their own colleagues. Not that I blame them; accumulated human cruelty has a deeply corrosive effect on the psyche (I propose this explanation having been a moderate victim of it myself as a child due to crossed eyes. Listen to the Randy Newman song on the subject.)
The bottom line with many seems to be, “I am going to treat my fellow humans with all the care and sensitivity that they have shown me.”
I didn’t arrive at this post by accident. I was searching for articles that expressed what I have felt for many, many years. As a former paralegal, client, and wife of an attorney, I’ve both observed and experienced behavior by attorneys that was either unethical or illegal, or both. They DO believe that they are above the law and therefore, are not required to even pay lip service to it, let alone show what they consider to be time-wasting concern for the feelings or emotions of others. They are emotional cripples who understand little about managing others because they fail to know or manage themselves.
I apologize for the perhaps misleading placement of the adjective “former,” since I am still the wife of an attorney. Forty-two years… and he has his moments, too.
I’ve dealt with too many lawyer’s who exploit folk’s weaknesses for their personal gain! They sales’ pitch that they are there to “help you”, but too often they are more interested in helping themselves at your expense, and the problem doesn’t get resolved! I don’t understand how they stay in business, unless this bad behavior “is their business model” and unaware folks are learning this sad truth the hard way~! Are there any “good” lawyers who “actually help the client” do what they are hired to do? I would sure like to find one!
[…] not that your lawyer friends aren’t lovely, but many of them tend to be a little deficient in emotional intelligence department, and can get hung up on minor things. That’s not the view you […]
I am not a lawyer or work with any of them, but tried to help two people as interpreter, and those two lawyers did not even take a minute for the question, with bad language they threw us out of their office and another told me shut up , without having heard the question in first place. I think they do not have good manners and do not care about people. I hate them
[…] other lawyers in the Nashville area, many of whom are miserable practicing law. In her post “Why Are There So Many Asshole Lawyers?”, she tells it straight about her and her clients’ experiences in “dysfunctional” […]
Thank you for this article! It makes a ton of sense. I’ve been wondering why the hell many of these lawyers I’ve had to deal with are such nasty people and will do anything to win, including throwing all humanity and ethics out the window to win for their client. It’s made the justice system a horribly unjust system. I’ve met a couple really nice lawyers, and that’s been nice to see, ones that actually care about people. I think they have a good life/work balance, and don’t get caught up in the egotistical idea that they are above the law and above everyone else. Thank God for the lawyers who have not lost their humanity. Maybe one day the justice system will focus more on justice and not rewarding the side that does whatever it takes to win.
[…] I certainly dream of becoming a lawyer someday but will always strive not to end up forgetting how to treat others with respect. Here’s a post by Alvey (2014) that delves into this behavioral problem, Why are there so many asshole lawyers? […]
So, I’m not alone… I read a book on psychopathy and sociopathy in an attempt to understand the office at my new job at a law firm. When they saw me reading it, I got the impression they thought I was trying to understand myself! Lol. It all makes sense now, they need us feelers far more than we need them. 😊
There are so many things that contribute to the dysfunction, and below-average empathy is high on the list. The overemphasis on perfection is another, because that discourages risk-taking; the only way we really learn is through trial and error–lots of it! But if you are taught a static mindset (there is one acceptable standard that must be met), instead of a growth mindset (what can I learn from this outcome I’m not happy about), it embeds a very judge-y culture into law firms.