Allowing bad behavior to fester can derail productivity in your firm and drive down morale. Here’s how to turn it around.
The law firm environment is often busy, stressful and fast-moving, and it requires staff to be on their A-games to ensure they are meeting client demands and staying as productive as possible.
But that can get derailed if toxicity is allowed to creep in. It can create unnecessary drama in the workplace, negatively impact relationships among colleagues and clients, and lead to inefficiency in many different areas.
According to a spring 2023 study from Fortune, toxicity is prevalent in workplaces across the country. The study showed that 64% of respondents have experienced a toxic work environment, and 44% of these respondents blamed leadership for it. Toxicity came out in the form of being disrespectful (55%), abusive (34%), noninclusive (30%), unethical (29%) and cutthroat (21%).
It’s critical for law firms to address toxic behavior, no matter what form it comes in, and then deal with it — or else the problem could get out of hand.
“It’s a domino effect,” says Chere Estrin, Chief Executive Officer at Estrin Legal Staffing. “Your staff begins to shy away from the toxic individual. Maybe they don’t complain in the beginning. However, if the toxicity doesn’t stop, it spreads throughout the firm. Morale goes down. The legal field is a small world. Rumors start that your firm is not so nice to work with and recruiting, retention and engagement becomes a problem. It’s like a cancer that spreads.”
It’s a nightmare scenario for any firm. But if this sounds like your firm, how exactly can you stop the toxicity spread? Furthermore, what if it’s a top performer, partner or rainmaker who is causing issues? How should those situations be approached?
Here are insights from experts on how to go about tackling — and hopefully eliminating — the toxic work environment, before it’s too late.
Toxic behavior comes in a number of forms. According to Beverly Beuermann-King, a workplace culture and resiliency speaker at Work Smart Live Smart, a toxic employee will give mixed messages, be passive aggressive and resistant to feedback, engage in excessive off-hours communication, and have weak listening skills.
“Toxic leaders may exhibit narcissism, micromanagement, negativity, blame-shifting, favoritism, passive-aggressiveness, lack of support for their employee’s well-being, and lack of trust and empathy,” Beuermann-King says. “Toxic environments may foster a culture of gossip, spreading rumors, constant complaining, rudeness, resistance to change, fear of repercussions, limited collaboration, disrespect towards others, bullying and harassment, leading to a toxic and hostile workplace where there is low morale and high turnover.”
“Toxic leaders may exhibit narcissism, micromanagement, negativity, blame-shifting, favoritism, passive-aggressiveness, lack of support for their employee’s well-being, lack of trust and empathy.”
Jaclyn Roberson, Co-Founder and Senior Partner at Roberson Duran Law in San Antonio, says that if many employees avoid interacting with a certain employee, that’s a good indicator that that particular employee may be engaging in toxic behaviors.
“Clients will also tell you if you have a toxic employee,” says Roberson. “I have encountered situations where multiple clients refuse to work with a certain employee and they all seemed to share the same complaints.”
Once toxic behavior has been pinpointed, it’s up to the law firm leaders to take action. The first step is to have a one on one with the employee in question, according to Estrin. She recommends having another manager in the room for this conversation.
“The problem with the one on one is that frequently, the employee is either not aware of their behavior or they deny it,” she says. “You need to say things such as, ‘When you do XXX, other people react XXX.’ Or, ‘When you do XXX, this causes XXX in the firm.’”
Roberson has found that nobody is a “toxic person.” Instead, they are simply behaving in a toxic manner, and sometimes they may not even be aware of it. By starting a conversation, leaders can find out what’s really going on.
“If a top-performing partner or a rainmaker is causing problems, the issue can become even more critical — but they are not above reproach, either.”
“Addressing your team’s mental health is key,” Roberson says. “Instead of punishing people, listen to their concerns first. Maybe they need some time off. Maybe they need a change in job duties or location. Listen first, act second.”
After meeting with the employee, Beuermann-King said it’s important to outline a plan and communicate the desired changes and expectations going forward.
“Document expectations and behavioral changes to maintain accountability and track progress,” she says. “If the behavior persists and negatively impacts the firm, consider taking disciplinary actions, up to and including termination.”
If a top-performing partner or a rainmaker is causing problems, the issue can become even more critical — but they are not above reproach, either.
“Addressing toxic behavior from a top performer is delicate but necessary,” says Mike Schmidt, a founding partner of Schmidt and Clark in Washington, D.C. “Their skills are valued, but no one is irreplaceable. We address the issue privately, emphasizing the impact of their behavior on the team and the firm’s values. If there’s no improvement, we take appropriate action, ensuring fairness prevails.”
Estrin echos a similar sentiment.
“There are always other top performers,” she says. “This person is not the only one. There were top performers before them and there will be top performers after.”
“Instead of punishing people, listen to their concerns first. Maybe they need some time off. Maybe they need a change in job duties or location. Listen first, act second.”
She found that in the past, law firms were not as willing to deal with toxic top performers, but now that is changing.
“When I was in the law firm — particularly the major or midsize firms — the partnership would frequently keep toxic partners on if they had a hand in significant revenue for the firm,” Estrin said. “It was the green-eyed monster in the corner office. They refused to lose that revenue. Now, with new laws, mindfulness and just better care of employees, that doesn’t happen as often, or at least as I am aware.”
Along with handling toxicity in a professional manner, law firms should be creating a healthy workplace culture for everyone. It starts at the beginning, with the hiring process.
“When new employees join the organization, ensure that they are aware of the company values, code of conduct and behavioral expectations,” said Beuermann-King. “By setting a positive tone from the beginning, toxic behaviors can be nipped in the bud, preventing them from taking root.”
Additionally, leaders must demonstrate the behavior they expect from their team members as well.
“Displaying professionalism, respect and constructive communication sets a precedent for others to follow,” says Beuermann-King. “When employees witness leaders embodying these values, they are more likely to adopt them themselves.”
According to Schmidt, building a positive workplace culture at the law firm is an ongoing, but worthwhile, effort.
“We emphasize empathy, understanding and a collaborative spirit,” he said. “We encourage our employees to speak up and actively participate in shaping our work environment. By fostering a culture of respect and support, we not only prevent toxicity, but also nurture a thriving, successful team.”
When toxic employees are dragging your firm down, it takes skillful management and patience to turn it around. How you and your team effectively deal with toxicity can mean the difference between having a negative, drama-filled workplace, and an engaged, collaborative and productive organization. Beverly Beuermann-King, who is quoted in this article, leads the webinar Terminating Toxicity: Strategies for Leaders to Effectively Deal with Employee Attitude Issues. Listen on demand for more tips on how to handle this prevalent workplace problem. ALA members only pay $39.
