When a law firm partner misbehaves, the firm's general counsel is often caught between being a trusted adviser to the partner while representing the best interests of the law firm.

It's an issue that has no doubt plagued many a law firm GC. According to attorney James Jones, there's a real “tightrope to walk” in these situations.  Jones, a former partner at Arnold & Porter, is founder of Legal Management Resources, a law firm consultancy that also hosts round tables for law firm general counsel.

Jones divides lawyer conduct into three categories: 1) actions that simply cause a business issue because they may embarrass the firm or be offensive to a firm client; 2) problems that involve a “troubled” employee, such as alcohol or drug abuse, or mental health issues; and, 3) allegations that rise to the level of ethical or legal wrongdoing.

In a scenario that Jones believes could fall into the first category, back in 2011, former U.S. Solicitor General Paul Clement clashed with his law firm, King & Spalding, which did not want him to continue leading the legal charge to support the Defense of Marriage Act. Typically, Jones said, the law firm GC does not become deeply involved in a business matter like this one, but may be part of an executive committee that deals with it.

In troubled employee cases, Jones said the GC normally would work with human resources or bring in a consultant and help reach an agreement with the troubled lawyer on a treatment plan.

But Jones said the law firm general counsel usually finds himself most deeply involved in cases alleging ethical or legal misconduct, which can range from domestic violence to sexual harassment to malpractice.

“When these circumstances arise, there's always the question of whether it is a reportable event to a regulatory authority [i.e., the state bar],” he said. “The general counsel is typically the one to make that decision.”

Several law firm GCs declined to talk about how they handle such problems, but Nicholas Gravante of Boies Schiller Flexner agreed to discuss the topic in general. His law firm has been embroiled in a high-profile controversy of late, over actions taken by firm chairman David Boies while representing Harvey Weinstein.

In that matter, Boies was defending Weinstein from sexual harassment and assault allegations and took action to try and stop The New York Times from writing a story about Weinstein. The Times was also Boies' client at the time. Neither is his client now.

Gravante said he couldn't discuss the Boies case. But in general, he said when a problem with a partner arises, he follows several basic steps.

First, he investigates and gathers the facts. Then, if needed, he brings in outside help. Based in New York City, Gravante said he is not a member of the bar in other states where the law firm has offices. “So I may need to hire and consult with an expert in ethics in any of those states,” he said. “And sometimes I have to do that even in New York, because I am not an ethics expert. I am an active litigator with a full docket of cases, which is a model a lot of firms use” for their general counsel.

He said he then determines if the behavior is required to be reported externally to the bar, and/or internally to the firm's executive committee. If it goes to the committee, of which he is a member, Gravante said he would include a recommendation for action that can range from a reprimand, up to dismissal of the lawyer.

Jones said one of a law firm GC's most difficult issues is having to deal with a partner who may also be a close friend. But Gravante said that is not a tough call for him.

“It makes no difference to me whether it's one of my closest friends or a partner I have never met,” Gravante said. “My obligation is to the firm. The firm is my client.”