“Assume positive intent”

Lawyers are tough critics. We need to be – our clients expect excellence.

But with respect to associates, it means partners often move swiftly from a single subpar work product to harsh conclusions – and excuse themselves from investing in an associate’s development. Too often partners reaction to typos, a missed issue, sloppy drafting is any or all of  “they aren’t motivated, they don’t care, they’re not careful, they’re not smart enough...kids today...”

My response is always “What if you assumed positive intent?” What if you assumed that this associate is capable of great work? What would your reaction to the associate work be then? [Adding in some cases “If they hadn’t had a track record of success they wouldn’t be at your firm.”]

Responses vary.

Some partners offer possible explanations for the subpar work, including (1) acknowledging they may have given inadequate instruction initially and (2) recognizing the associate may not have had enough time (perhaps because of a competing project or an unexpected demand).

Some partners broaden their view of the associate, moving from focusing solely on the most recent project to the associate’s overall performance (they struggle with Y but they do X or Z well or they are good with clients and I love their dedication, etc.).

But all partners find that when they assume positive intent, their reaction shifts from frustration to patience and willingness to invest. Many, however, are unsure where to start.

My advice? Ask.

Provide some feedback and ask what the associate found challenging: where and how they struggled. Ask what would help them turn in better work product next time.

Partners do, and the associate's answers often turn their initial assumptions on their head. For example, that associate who they assumed didn’t care, didn't reach out because they knew the partner was busy and didn’t want to add to their stress. They cared but it got in their way. Or the associate was worried that asking questions would undermine the partner’s belief in their competence. They had good questions but failing to ask them had the opposite impact of what the associate intended. Or, so often, the associate reveals that they are extremely motivated and as a result, have taken on more work than they can manage with their current skills set.

The assumption of positive intent is rebuttable – if the associate doesn’t grow, I don’t expect partners to invest endlessly. But starting from a place of possibility (rather than frustration), followed by inquiry (rather than judgment) has a positive impact on both the partners’ mood/engagement and associate performance.

And when that happens, everyone wins.

One final note: Assuming positive intent is also an important way to check our implicit biases. It forces us to stop and consciously reset our perspective of an individual’s performance – a means to adopting a more equitable and inclusive leadership style.