Editor's Comment: The assistants' verdict
An observation that will be unpalatable for law firm managers - there is a significant number of City assistants who wanted Freshfields Bruckhaus Deringer to be found 'to blame' for the death earlier this year of its young assistant Matthew Courtney.
May 23, 2007 at 10:35 PM
3 minute read
An observation that will be unpalatable for law firm managers – there is a significant number of City assistants who wanted Freshfields Bruckhaus Deringer to be found 'to blame' for the death earlier this year of its young assistant Matthew Courtney.
The inquest last week into the death of Courtney did not provide any ammunition for such claims, despite earlier suggestions that work-related stress had been a factor. I would also add that, having followed the case, I have seen no evidence that the firm was slapdash or negligent in its handling of a vulnerable member of staff.
But it seems doubtful that last week's accidental death verdict will end the debate. Courtney's death in February prompted an avalanche of posts on legalweek.com and other websites. While there was some sympathy towards Freshfields over some of the wilder accusations that were levelled at the firm, it was clear at the time that the episode had tapped into simmering resentment over the punishing demands of the long-hours culture at City firms.
Even if Courtney – an intellectual property lawyer who appeared to enjoy his job – was an imperfect illustration of the personal toll of City life, for some he was a potent symbol of the pressures facing assistants. This explains why the inquest's verdict, which fails to conform to this picture, has been met with silence from the ranks of associates.
But whatever the rights and wrongs of the emotive response to Courtney's death, City firms would be foolish to ignore such raw frustration within their ranks. In such a climate, it will become increasingly important for firms to not only be watchful for vulnerable members of staff, but also be seen to show due care. This will involve a difficult balancing act, as it is not as if law firms can start blithely prying into their staff's private lives and mental health. It is, nonetheless, something that they will have to get right. If law firms do not set up and maintain robust systems to monitor and, where necessary, stop staff from overworking, it will only be a matter of time before blame for a similar incident is laid firmly at a firm's door.
Large firms should also accept that they need to be much more frank with student lawyers regarding the sacrifices that come with the profession. That is not to say firms gloss over the issue, but research into student attitudes repeatedly finds that many have little idea what they are letting themselves in for. The message that commercial law, for all its attractions, is a tough career that is not for everyone needs to be drummed home with the subtlety of a fag packet health warning. This is as much to protect the firms themselves as those young lawyers who might struggle to cope.
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