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Associates Should Be Careful When Badmouthing Partners – Above the Law

It
is
almost
inevitable
in
a
workplace
that
subordinates
with
complain
about
their
jobs
and
possibly
badmouth
management.
At
pretty
much
every
law
firm
I
worked
at
before
starting
my
own
practice,
associates
routinely
badmouthed
partners
about
all
types
of
issues,
from
unfairness
in
compensation
to
how
each
partner
managed
workflow.
Usually,
associates
would
badmouth
partners
in
hushed
tones
in
an
office
or
common
area,
and
sometimes
associates
would
use
messaging
apps
to
badmouth
superiors.
However,
associates
need
to
be
very
careful
when
badmouthing
partners,
since
partners
usually
do
not
take
kindly
to
discovering
the
badmouthing,
and
this
might
have
serious
consequences
on
an
associate’s
career.

Associates
need
to
be
particularly
careful
when
badmouthing
partners
to
other
associates
while
in
an
office.
Law
firm
offices
often
have
thin
walls,
and
even
if
people
are
conversing
normally,
it
is
possible
that
people
can
hear
associates
from
an
office
next
door
or
out
in
a
hallway.
Indeed,
I
have
frequently
sat
in
offices
at
law
firms
and
been
able
to
hear
conversations
perfectly
in
the
offices
next
door.
At
one
firm,
I
sat
next
to
a
high-ranking
partner,
and
this
was
useful
in
obtaining
important
gossip
about
what
was
going
on
in
that
office.

Even
more
dangerous
is
when
associates
decide
to
badmouth
partners
in
the
common
areas
of
a
law
firm.
At
some
of
the
law
firms
at
which
I’ve
worked,
associates
would
frequently
complain
about
a
law
firm
and
management
in
the
pantry
areas
where
people
would
typically
eat
their
lunches.
However,
these
areas
were
easy
to
access,
and
partners
would
frequently
come
in
and
out
of
these
spaces.
Sometimes,
people
would
need
to
stop
talking
or
change
the
subject
quickly
when
a
partner
approached
so
that
the
partners
could
not
hear
about
complaints
that
were
being
conveyed.

A
handful
of
times,
associates
badmouthed
partners
in
office
elevators,
which
is
a
risky
proposition.
People
get
on
and
off
elevators
all
the
time,
and
when
a
law
firm
has
multiple
floors
in
a
building,
it
is
possible
for
partners
to
enter
elevators
right
when
associates
are
complaining
about
firm
management.
One
time,
I
heard
a
story
about
a
partner
who
overheard
an
associate
complaining
about
him
on
an
elevator.
Apparently,
the
associate
was
terminated
as
a
result
of
this
conduct. 
Elevators
are
definitely
not
a
safe
space
to
badmouth
law
firm
management.

Associates
might
think
that
it
is
safer
to
badmouth
partners
through
messaging
apps,
and
this
might
be
the
case.
At
some
firms
at
which
I
have
worked,
many
associates
also
exchanges
emails
containing
disparaging
comments
about
some
of
the
partners
at
the
shop.
However,
law
firms
may
have
the
ability
to
check
what
is
being
sent
through
law
firm
email
accounts,
or
such
emails
may
be
inadvertently
seen
by
partners
for
any
number
of
reasons.
Moreover,
many
law
firms
have
tracking
software
on
law
firm
equipment,
so
associates
who
use
messaging
apps
on
law
firm
computers
or
phones
may
also
have
their
messages
revealed
to
partners.

Even
if
associates
are
using
their
own
personal
devices
to
badmouth
partners,
it
is
possible
that
such
messages
can
be
seen
by
management.
Many
law
firms
require
associates
to
install
software
on
their
personal
phones
so
associates
can
access
law
firm
email
accounts
on
their
phones,
and
law
firms
can
delete
law
firm
data
from
phones
after
an
associate
is
terminated.
I
am
not
entirely
sure
what
such
apps
are
capable
of,
but
I
would
not
be
surprised
if
such
apps
gave
law
firm
management
the
ability
to
track
associates’
more
personal
data.

I
guess
the
safest
thing
to
do
to
keep
partners
from
overhearing
disparaging
comments
is
not
to
badmouth
partners.
However,
disparaging
management
is
a
normal
part
of
many
workplaces,
and
badmouthing
partners
can
often
build
rapport
among
associates.
Moreover,
as
detailed
on
the
pages
of
this
website,
many
partners
deserve
criticism.
However,
associates
can
take
a
few
steps
to
badmouth
partners
more
safely
and
help
insulate
themselves
from
negative
consequences.
Ideally,
all
badmouthing
should
occur
in
person
and
outside
of
a
law
firm
office.
Happy
hours
after
work
in
areas
distant
from
a
law
firm
office
are
usually
the
best
venue
to
badmouth
partners,
and
it
is
always
good
for
workers
to
meet
up
and
bond
outside
of
a
work
environment
anyways.
If
associates
really
want
to
badmouth
partners
through
messaging
apps,
they
should
use
apps
that
are
secure
and
preferably
delete
the
messages
after
a
time.
Moreover,
associates
should
use
devices
on
which
no
law
firm
monitoring
application
have
been
installed.

In
any
case,
badmouthing
partners
by
associates
is
inevitable,
and
in
some
instances,
this
can
actually
be
useful
to
associates
and
law
firms.
However,
associates
should
take
a
few
steps
to
ensure
that
they
are
able
to
voice
criticism
of
their
bosses
without
partners
being
able
to
witness
their
badmouthing.




Rothman Larger HeadshotJordan
Rothman
is
a
partner
of




The
Rothman
Law
Firm
,
a
full-service
New
York
and
New
Jersey
law
firm.
He
is
also
the
founder
of




Student
Debt
Diaries
,
a
website
discussing
how
he
paid
off
his
student
loans.
You
can
reach
Jordan
through
email
at




jordan@rothman.law
.