Avoid Law Firm Partnership Conflict by Discussing Expectations

A lawyer on an email list serve recently shared a problem she was having with her new law firm partner. They have been in business together for only a short period of time and were discussing their marketing plan when her partner suggested that his wife (who had a marketing background) help out with creating their marketing plan. From then on, it was all downhill. Every suggestion the lawyer made has vetoed, and her partner seems willing to go along with all of his wife’s suggestions, regardless of his partner’s objections (or even his own previously stated plans). 

This isn’t simply a disagreement about marketing. It’s a partnership problem.These partners need to sit down and have a serious discussion about how they are going to run their firm, including how decisions are going to be made and who gets a ‘vote’ in the decisionmaking. Since there are only two of them, they are going to also have to determine how to resolve issues when they have opposite opinions.

Ideally, these conversations would occur before the partnership was finalized. Potential partners need to talk about (among other things) how they are going to build their practice, what kinds of clients they want to attract to the firm, their philosophy about business development, and the expectations, roles and responsibilities of each partner with respect to marketing and business development.

Do all partners share the same vision of the image or message they want to convey as a firm? Are all partners equally responsible for generating business? Will all partners share equally in the proceeds from the new business generated, or will there be some other formula? Must all partners ‘sign off’ on logos, marketing copy, etc.? How will conflicts be resolved?

Failure to discuss these issues (and similar issues related to firm governance, finances, employees and staff, etc.) can lead to big problems down the road.