'Don't Label Clients as the Problem': General Counsel Respond to Claims They Are at Fault for Mental Health Crisis
Prompted by a LinkedIn post by NetApp GC Matt Fawcett, in-house leaders push back on attorneys' allegations that corporate law departments are to blame for the mental health crisis in the legal profession.
July 18, 2019 at 10:00 PM
5 minute read
The original version of this story was published on Corporate Counsel
Several general counsel and other in-house leaders are pushing back on attorneys' allegations that corporate law departments may play a larger role in the industry's mental health crisis than they may be willing to admit or even examine.
The response follows the most recent piece in Law.com's "Minds Over Matters" yearlong series: an article titled "Constantly on Call" that states that "client demands for fast turnaround times, even on non-urgent matters, can leave outside counsel in constant crisis mode" and that "many lawyers said legal department leaders often don't think about the impact they're having on outside counsel's mental health, or they don't care—clients pay a high rate for quick responses on all matters."
The rebuttal was prompted by NetApp Inc. GC Matt Fawcett, who in a LinkedIn post Wednesday, said he "take[s] issue" with the "labeling" of in-house counsel as a reason for the high levels of addiction, depression and suicide that have plagued all sectors of the legal industry in recent years.
"To me, the major stressors inside law firms are willfully self-imposed," wrote Fawcett, one of the more outspoken voices, particularly in the in-house arena, in the discussion. "The desire for ever-increasing profits per partner is created by firms, not clients. Firms grow their profits by working their people extra hard, and their refusal to say 'no' to understaffed assignments is a decision. Wellness is rightfully a huge concern now, but where is the responsible mindset on this?"
By Thursday afternoon, Fawcett's post had received 100 "likes" and more than two dozen comments on the social networking site. In an email to Law.com, Fawcett declined to comment further on the post, saying that he doubted he had anything new to say on the topic.
Although outside lawyers were among those who liked Fawcett's comments, many Am Law 100 firm leaders who have been otherwise enthusiastic about openly discussing how they are addressing lawyer mental health issues were skittish about weighing in on a subject where they could risk alienating clients. A spokesperson for one firm, an inaugural signer of the American Bar Association's well-being pledge, appeared eager to have a leader speak about the matter, until learning that no peers wanted to go on the record.
In his post, Fawcett emphasized the importance of open communication between GCs and their outside counsel.
"In my years as a GC, I have never had a law firm call and say, 'Can we talk about adjusting your expectations?' and if that ever happened, I would say, 'yes,'" he wrote. "I believe most GCs want our expensive outside counsel to serve us well, including being honest about load balance and staffing, so we don't unwittingly become the victims of punitive billing. Don't label clients as the source of the problem."
Other in-house leaders agreed, even highlighting the positive relationships they continue to have with lawyers who have been honest about their personal needs.
"One of our outside counsel really saw us through a tough time, and she wanted to take a sabbatical, of which I was very supportive," wrote Ruby Zefo, chief privacy officer at Uber. "During that time she wanted to know if I would mind if she extended it even longer. I said absolutely. We'd survive, and she deserved it. And she's still very much on our payroll now that she's back."
In addition to a need for this open dialogue and collaboration between outside and inside lawyers is the issue of how law firms are allocating their resources, Doug Luftman, vice president, GC and secretary at Nomis Solutions, said in an interview.
"Are law firms training their lawyers about mental health, project management and other critical skill sets that lawyers may not be very good at coming out of law school?" said Luftman, who liked Fawcett's post. "Are they managing their work in a way that doesn't overwhelm people?"
Peter Nguyen, GC and corporate secretary at Canadian company Resolver Inc., said that laying the blame wholly at the feet of clients is "aggressive," particularly since many in-house leaders come from big law backgrounds and thus are sensitive to the demands of working in that environment.
"I try to go out of my way to not overburden my external counsel with demands," Nguyen, who also liked Fawcett's post, said in an interview. "We've been on the other side. We know what it's like to get that Friday afternoon call."
Reporter Dan Packel contributed to this report.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSo You Want to Be a Tech Lawyer? Consider Product Counseling
Jones Day Client Seeks Indemnification for $7.2M Privacy Settlement, Plus Defense Costs
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250