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	<title>Comments for AssociateSpeak</title>
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	<link>http://associatespeak.com</link>
	<description>A forum for associates to speak out about law firm issues</description>
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		<title>Comment on Billable hours: positive vs. negative accrual methods by http://mensengagementrings.ca</title>
		<link>http://associatespeak.com/2009/10/28/billable-hours-positive-vs-negative-accrual-methods/#comment-84</link>
		<dc:creator><![CDATA[http://mensengagementrings.ca]]></dc:creator>
		<pubDate>Tue, 20 Mar 2012 07:14:50 +0000</pubDate>
		<guid isPermaLink="false">http://associatespeak.com/?p=100#comment-84</guid>
		<description><![CDATA[I like this weblog very much, Its a very nice post to read and incur information.]]></description>
		<content:encoded><![CDATA[<p>I like this weblog very much, Its a very nice post to read and incur information.</p>
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		<title>Comment on &#8220;It&#8217;s the economy, stupid!&#8221; by Zavrina</title>
		<link>http://associatespeak.com/2009/11/02/its-the-economy-stupid/#comment-66</link>
		<dc:creator><![CDATA[Zavrina]]></dc:creator>
		<pubDate>Tue, 24 May 2011 09:39:49 +0000</pubDate>
		<guid isPermaLink="false">http://associatespeak.com/?p=114#comment-66</guid>
		<description><![CDATA[It was dark when I woke. This is a ray of shusnine.]]></description>
		<content:encoded><![CDATA[<p>It was dark when I woke. This is a ray of shusnine.</p>
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		<title>Comment on The mechanics of the stealth layoff: establishing the record (Part 1) by LaborLaw</title>
		<link>http://associatespeak.com/2010/03/29/the-mechanics-of-the-stealth-layoff-establishing-the-record-part-1/#comment-64</link>
		<dc:creator><![CDATA[LaborLaw]]></dc:creator>
		<pubDate>Sat, 14 May 2011 20:54:15 +0000</pubDate>
		<guid isPermaLink="false">http://associatespeak.com/?p=260#comment-64</guid>
		<description><![CDATA[Did any of you lawyers study labor law? When you get a bad review, do the following. On your &quot;free time,&quot; i.e. lunch hour, after work, before work, post in the &quot;posting area&quot; (i.e. where people advertise items for sale) a manifesto of how unfair working conditions are. Post your review and your response. Post your commentary on how unfair management is. Post that they are doing stealth layoffs. You then insulate yourself from termination (to some extent, anyway). You see, pursuant to 29 USC 157, you have a federal right to engage in protected concerted activities (PCAs). These rights exist for nonunion employees. Of course, your law firm must be large enough to fall under NLRB jurisdictiion, absent which you may have to rely upon state law, which may or may not exist to protect you. In your free time, you may want to distribute literature about how &quot;unfair&quot; your employer is. Talk to an NLRB attorney to learn about your rights. For an excellent primer of these rights in an NLRB opinion issued just last January 2011, where an employer&#039;s discharge of a nonunion employee was deemed to be a &quot;pre-emptive strike&quot; to prevent her from discussing pay and therefore was illegal, with the result being that the employee was reinstated with backpay, see the NLRB&#039;s Parexel decision.]]></description>
		<content:encoded><![CDATA[<p>Did any of you lawyers study labor law? When you get a bad review, do the following. On your &#8220;free time,&#8221; i.e. lunch hour, after work, before work, post in the &#8220;posting area&#8221; (i.e. where people advertise items for sale) a manifesto of how unfair working conditions are. Post your review and your response. Post your commentary on how unfair management is. Post that they are doing stealth layoffs. You then insulate yourself from termination (to some extent, anyway). You see, pursuant to 29 USC 157, you have a federal right to engage in protected concerted activities (PCAs). These rights exist for nonunion employees. Of course, your law firm must be large enough to fall under NLRB jurisdictiion, absent which you may have to rely upon state law, which may or may not exist to protect you. In your free time, you may want to distribute literature about how &#8220;unfair&#8221; your employer is. Talk to an NLRB attorney to learn about your rights. For an excellent primer of these rights in an NLRB opinion issued just last January 2011, where an employer&#8217;s discharge of a nonunion employee was deemed to be a &#8220;pre-emptive strike&#8221; to prevent her from discussing pay and therefore was illegal, with the result being that the employee was reinstated with backpay, see the NLRB&#8217;s Parexel decision.</p>
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		<title>Comment on The mechanics of the stealth layoff: establishing the record (Part 1) by Mustang Sally</title>
		<link>http://associatespeak.com/2010/03/29/the-mechanics-of-the-stealth-layoff-establishing-the-record-part-1/#comment-59</link>
		<dc:creator><![CDATA[Mustang Sally]]></dc:creator>
		<pubDate>Sun, 13 Feb 2011 23:22:12 +0000</pubDate>
		<guid isPermaLink="false">http://associatespeak.com/?p=260#comment-59</guid>
		<description><![CDATA[Thanks, my pleasure.

BTW, although it&#039;s probably true that associates make more mistakes than partners do, I do think that in cases where an associate is targeted for a stealth layoff (or any other kind of departure), it may not even be true than actual mistakes have occurred, but they are set up to look that way.  Or, if a mistake has been made, it is overblown in its effect on the outcome of a case, by those who are doing the targeting.

I agree that better training of associates would probably be a good thing, but perhaps it is NOT done because partners and law firms care less about the outcome of cases or their clients, than they do determining who is &quot;with us&quot; or &quot;not with us.&quot;  IOW, is this new associate going to &quot;play our games&quot; or be a forthright, honest person who is his/her own person.  Allowing associate training to languish is an effective strategy for creating enough situations where targeted associates can be on the receiving end of blame.]]></description>
		<content:encoded><![CDATA[<p>Thanks, my pleasure.</p>
<p>BTW, although it&#8217;s probably true that associates make more mistakes than partners do, I do think that in cases where an associate is targeted for a stealth layoff (or any other kind of departure), it may not even be true than actual mistakes have occurred, but they are set up to look that way.  Or, if a mistake has been made, it is overblown in its effect on the outcome of a case, by those who are doing the targeting.</p>
<p>I agree that better training of associates would probably be a good thing, but perhaps it is NOT done because partners and law firms care less about the outcome of cases or their clients, than they do determining who is &#8220;with us&#8221; or &#8220;not with us.&#8221;  IOW, is this new associate going to &#8220;play our games&#8221; or be a forthright, honest person who is his/her own person.  Allowing associate training to languish is an effective strategy for creating enough situations where targeted associates can be on the receiving end of blame.</p>
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		<title>Comment on The mechanics of the stealth layoff: establishing the record (Part 1) by AssociateSpeak Author</title>
		<link>http://associatespeak.com/2010/03/29/the-mechanics-of-the-stealth-layoff-establishing-the-record-part-1/#comment-58</link>
		<dc:creator><![CDATA[AssociateSpeak Author]]></dc:creator>
		<pubDate>Sun, 13 Feb 2011 20:04:44 +0000</pubDate>
		<guid isPermaLink="false">http://associatespeak.com/?p=260#comment-58</guid>
		<description><![CDATA[Dear &quot;I Can Relate,&quot;

Best wishes on your fresh start.  Many former BigLaw associates have expressed similar sentiments as you -- &quot;reclaiming my life,&quot;  &quot;discovering the joys of living again,&quot; et cetera.  The key is to always believe in yourself and your own worth, which is easier said than done when faced with overwhelming criticism by superiors who may have ulterior motives for their actions.  

In any event, while mistakes and errors on the part of associates do occur, as they do in every job, the question comes down to whether the mistake was due to lack of experience or due to lack of competence.  From the information that I&#039;ve gathered, it appears that the vast majority comes from the former.  And that leads into a separate discussion about firm training policies (or lack thereof).  Perhaps a topic worthy of a separate post in the future!

Thanks for contributing to the discussion.

ASA]]></description>
		<content:encoded><![CDATA[<p>Dear &#8220;I Can Relate,&#8221;</p>
<p>Best wishes on your fresh start.  Many former BigLaw associates have expressed similar sentiments as you &#8212; &#8220;reclaiming my life,&#8221;  &#8220;discovering the joys of living again,&#8221; et cetera.  The key is to always believe in yourself and your own worth, which is easier said than done when faced with overwhelming criticism by superiors who may have ulterior motives for their actions.  </p>
<p>In any event, while mistakes and errors on the part of associates do occur, as they do in every job, the question comes down to whether the mistake was due to lack of experience or due to lack of competence.  From the information that I&#8217;ve gathered, it appears that the vast majority comes from the former.  And that leads into a separate discussion about firm training policies (or lack thereof).  Perhaps a topic worthy of a separate post in the future!</p>
<p>Thanks for contributing to the discussion.</p>
<p>ASA</p>
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		<title>Comment on The mechanics of the stealth layoff: establishing the record (Part 1) by Mustang Sally</title>
		<link>http://associatespeak.com/2010/03/29/the-mechanics-of-the-stealth-layoff-establishing-the-record-part-1/#comment-57</link>
		<dc:creator><![CDATA[Mustang Sally]]></dc:creator>
		<pubDate>Wed, 12 Jan 2011 20:39:26 +0000</pubDate>
		<guid isPermaLink="false">http://associatespeak.com/?p=260#comment-57</guid>
		<description><![CDATA[Dear &quot;I Can Relate&quot;:  I&#039;m so glad you were boosted by my post and enjoyed reading it!  

You sound like the kind of person who will make a good employer in the future.  I think a lot of power in this country needs reversing/shifting.  IOW, there are a lot of people in positions of leadership that don&#039;t belong there, and a lot of really nice people who are in the lower echelons who actually have the good leadership skills.

I hope you rise to the top someday and are in a position to be a blessing to others who simply want to do honest work for an honest person/company/firm.

Keep grinning!]]></description>
		<content:encoded><![CDATA[<p>Dear &#8220;I Can Relate&#8221;:  I&#8217;m so glad you were boosted by my post and enjoyed reading it!  </p>
<p>You sound like the kind of person who will make a good employer in the future.  I think a lot of power in this country needs reversing/shifting.  IOW, there are a lot of people in positions of leadership that don&#8217;t belong there, and a lot of really nice people who are in the lower echelons who actually have the good leadership skills.</p>
<p>I hope you rise to the top someday and are in a position to be a blessing to others who simply want to do honest work for an honest person/company/firm.</p>
<p>Keep grinning!</p>
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		<title>Comment on The mechanics of the stealth layoff: establishing the record (Part 1) by I Can Relate</title>
		<link>http://associatespeak.com/2010/03/29/the-mechanics-of-the-stealth-layoff-establishing-the-record-part-1/#comment-56</link>
		<dc:creator><![CDATA[I Can Relate]]></dc:creator>
		<pubDate>Wed, 12 Jan 2011 13:16:07 +0000</pubDate>
		<guid isPermaLink="false">http://associatespeak.com/?p=260#comment-56</guid>
		<description><![CDATA[Mustang Sally, you&#039;re a riot! And a good soul. Thank you. The layoff did sting, but it was a relief, as well. For over a year, the associates were all quietly (vis-a-vis the partners, though not amongst ourselves) freaking out about what would happen in light of billable hours trickling to a halt for more than a few associates. As though it wasn&#039;t bad enough that the brutal work conditions all but drained me of the will to live. 

So, yes, I&#039;m gratefully looking forward to a fresh start, now wiser and more aware of what is important in life. As you noted, it IS a great time to look around and appreciate spirituality and the MAGIC in life once more -- something I wasn&#039;t able to do for so long, what with sleep deprivation, crippling anxiety, and emotional claustrophobia. Sure, I&#039;m expected to continue working on some matters until I leave (!), but I have -- wow -- free time. I&#039;m using the time to heal the toll the last few years have taken on me. My time at this firm will always be the cautionary tale of how NOT to treat people and how NOT to live a good life (in every sense of the expression).

Thank you again. Surely, I will read your response numerous times. And grin.]]></description>
		<content:encoded><![CDATA[<p>Mustang Sally, you&#8217;re a riot! And a good soul. Thank you. The layoff did sting, but it was a relief, as well. For over a year, the associates were all quietly (vis-a-vis the partners, though not amongst ourselves) freaking out about what would happen in light of billable hours trickling to a halt for more than a few associates. As though it wasn&#8217;t bad enough that the brutal work conditions all but drained me of the will to live. </p>
<p>So, yes, I&#8217;m gratefully looking forward to a fresh start, now wiser and more aware of what is important in life. As you noted, it IS a great time to look around and appreciate spirituality and the MAGIC in life once more &#8212; something I wasn&#8217;t able to do for so long, what with sleep deprivation, crippling anxiety, and emotional claustrophobia. Sure, I&#8217;m expected to continue working on some matters until I leave (!), but I have &#8212; wow &#8212; free time. I&#8217;m using the time to heal the toll the last few years have taken on me. My time at this firm will always be the cautionary tale of how NOT to treat people and how NOT to live a good life (in every sense of the expression).</p>
<p>Thank you again. Surely, I will read your response numerous times. And grin.</p>
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		<title>Comment on The mechanics of the stealth layoff: establishing the record (Part 1) by Mustang Sally</title>
		<link>http://associatespeak.com/2010/03/29/the-mechanics-of-the-stealth-layoff-establishing-the-record-part-1/#comment-55</link>
		<dc:creator><![CDATA[Mustang Sally]]></dc:creator>
		<pubDate>Wed, 12 Jan 2011 08:39:42 +0000</pubDate>
		<guid isPermaLink="false">http://associatespeak.com/?p=260#comment-55</guid>
		<description><![CDATA[Integrity -- something the legal world is supposedly about in their pursuit of all that is fair and right ... not.  Unfortunately, the legal field has slowly morphed into being about the exact opposite of what it was originally founded upon.  It&#039;s more like the legal field has become about how to use knowledge about the law to CIRCUMVENT the law -- as well as the spirit that various laws were written in.  

I guess it&#039;s just like when your girlfriend/boyfriend in high school breaks up with you for a fake excuse, then you find out later from someone else that it was about something else.  It&#039;s just hurtful and annoying that they didn&#039;t think they could be honest from the get-go.  But I guess law firms have a lot at stake and a lot to lose if they are honest about various departures of employees/staff/associates/partners.  I, for one, NEVER believe Human Resources&#039; WHITEWASH STORY offered to the company whenever someone leaves -- I always suspect something else went on.

Just remember, it&#039;s rarely REALLY about performance, so don&#039;t let the Golem Effect take hold in your psyche (thank you AssociateSpeak Author for that info).  

Re-frame the experience as having been &quot;freed from noids&quot; and consider yourself lucky and able to have a fresh start (whether elsewhere or in another field or as an entrepeneur, blogger or author, etc.).  Whooo Hoooo -- you&#039;re FREE!  Now boogie down!!

Now&#039;s a good time to touch base with God and let Him heal the emotional wounds and help you with financial and other concerns.  He cares about us and has many blessings in store for those who will believe He&#039;s the Good Guy!  Shake your booty!!!]]></description>
		<content:encoded><![CDATA[<p>Integrity &#8212; something the legal world is supposedly about in their pursuit of all that is fair and right &#8230; not.  Unfortunately, the legal field has slowly morphed into being about the exact opposite of what it was originally founded upon.  It&#8217;s more like the legal field has become about how to use knowledge about the law to CIRCUMVENT the law &#8212; as well as the spirit that various laws were written in.  </p>
<p>I guess it&#8217;s just like when your girlfriend/boyfriend in high school breaks up with you for a fake excuse, then you find out later from someone else that it was about something else.  It&#8217;s just hurtful and annoying that they didn&#8217;t think they could be honest from the get-go.  But I guess law firms have a lot at stake and a lot to lose if they are honest about various departures of employees/staff/associates/partners.  I, for one, NEVER believe Human Resources&#8217; WHITEWASH STORY offered to the company whenever someone leaves &#8212; I always suspect something else went on.</p>
<p>Just remember, it&#8217;s rarely REALLY about performance, so don&#8217;t let the Golem Effect take hold in your psyche (thank you AssociateSpeak Author for that info).  </p>
<p>Re-frame the experience as having been &#8220;freed from noids&#8221; and consider yourself lucky and able to have a fresh start (whether elsewhere or in another field or as an entrepeneur, blogger or author, etc.).  Whooo Hoooo &#8212; you&#8217;re FREE!  Now boogie down!!</p>
<p>Now&#8217;s a good time to touch base with God and let Him heal the emotional wounds and help you with financial and other concerns.  He cares about us and has many blessings in store for those who will believe He&#8217;s the Good Guy!  Shake your booty!!!</p>
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		<title>Comment on The mechanics of the stealth layoff: establishing the record (Part 1) by I Can Relate</title>
		<link>http://associatespeak.com/2010/03/29/the-mechanics-of-the-stealth-layoff-establishing-the-record-part-1/#comment-54</link>
		<dc:creator><![CDATA[I Can Relate]]></dc:creator>
		<pubDate>Wed, 12 Jan 2011 02:38:47 +0000</pubDate>
		<guid isPermaLink="false">http://associatespeak.com/?p=260#comment-54</guid>
		<description><![CDATA[This occurred to me. Everything&#039;s fine for a couple of years (indeed, great reviews) then boom, negative reviews -- including, chiefly, things that happened over a year before. It was stunning b/c of how orchestrated and sudden it all was. Interestingly, other people my year was asked to leave. Not surprising that more senior people were targeted (shave off the upper layers to maximize the financial benefits to the department). It&#039;s quite obvious that it&#039;s much slower in the department and no doubt the partners are concerned. It would be nice if they just owned up to it. It&#039;s called integrity.]]></description>
		<content:encoded><![CDATA[<p>This occurred to me. Everything&#8217;s fine for a couple of years (indeed, great reviews) then boom, negative reviews &#8212; including, chiefly, things that happened over a year before. It was stunning b/c of how orchestrated and sudden it all was. Interestingly, other people my year was asked to leave. Not surprising that more senior people were targeted (shave off the upper layers to maximize the financial benefits to the department). It&#8217;s quite obvious that it&#8217;s much slower in the department and no doubt the partners are concerned. It would be nice if they just owned up to it. It&#8217;s called integrity.</p>
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		<title>Comment on The mechanics of the stealth layoff: establishing the record (Part 1) by AssociateSpeak Author</title>
		<link>http://associatespeak.com/2010/03/29/the-mechanics-of-the-stealth-layoff-establishing-the-record-part-1/#comment-53</link>
		<dc:creator><![CDATA[AssociateSpeak Author]]></dc:creator>
		<pubDate>Thu, 23 Dec 2010 03:39:16 +0000</pubDate>
		<guid isPermaLink="false">http://associatespeak.com/?p=260#comment-53</guid>
		<description><![CDATA[Mustang Sally, thanks for your detailed observations and comments.  The mere perception of having performance problems can actually cause real problems, as you stated, and this phenomenon is well-documented as the &quot;Golem Effect&quot; in psychology literature.  The Golem Effect has been studied in numerous settings, and there&#039;s no reason to believe that it wouldn&#039;t also occur in BigLaw.  

ASA]]></description>
		<content:encoded><![CDATA[<p>Mustang Sally, thanks for your detailed observations and comments.  The mere perception of having performance problems can actually cause real problems, as you stated, and this phenomenon is well-documented as the &#8220;Golem Effect&#8221; in psychology literature.  The Golem Effect has been studied in numerous settings, and there&#8217;s no reason to believe that it wouldn&#8217;t also occur in BigLaw.  </p>
<p>ASA</p>
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