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Most people understand that junior associates often need to deal with grunt work that other attorneys do not want to handle. Everyone needs to work up the corporate ladder, and this usually means that junior associates must contend with menial tasks and administrative duties that are usually delegated to the newest attorneys at a firm. However, some of the responsibilities of junior associates at many firms might be considered hazing.
With the increased emphasis today on power dynamics in the workplace and fair ways to treat employees, it is important to recognize that junior attorneys oftentimes get forced into uncomfortable tasks without a real opportunity to opt out. There were a few situations during my own career when I had to contend with onerous, and sometimes embarrassing, work responsibilities that could properly be called hazing. Before I get trolled online for being hyper-sensitive, let me just say at the beginning that I do not think that any of the hazing I experienced crossed any lines, and I recognize that some forms of harmless hazing can have positive benefits to law firms. However, it is important for senior attorneys to evaluate if some of the practices at their firms might constitute impermissible hazing against more junior associates.
One rite of passage for many junior litigators is to be the one designated with carrying all exhibits and other necessary materials to court. Since attorneys oftentimes travel to court by public transportation, it can be extremely difficult to lug around all of the materials needed for hearings or trials. Sometimes, it is unavoidable for attorneys to have to carry items to court, but this responsibility should be shared equally. This would make it much easier to get the materials to court without unduly burdening anyone.
I remember one time, the senior partner on my team was arguing an appeal, and he asked a few junior associates to print out every decision cited in the papers and bring binders of the decisions to court. Even though there was little chance he would actually refer to any documents during the hearing, we junior associates dutifully complied, and struggled to carry the dozen or so huge binders of decisions to court. Of course, the partner did not refer to any of the decisions in the binders, and because we were afraid of throwing out our work product, the junior attorneys and I needed to schlep these materials all the way back to the office.
Some firms have administrative employees who are tasked with shuttling materials to and from court, and these professionals are usually most knowledgeable about how to efficiently carry documents to court and back. However, I am sure many litigators have seen junior attorneys handle this task, and it is not uncommon to see a fresh-faced attorney standing outside a courthouse with stacks of boxes full of materials. This can be an onerous responsibility, and senior attorneys should share the burden equally or plan arrangements to make it easier to get materials to court.
Other times working at firms, my coworkers and myself were subjected to what you might call hazing in situations that did not directly involve legal work. For instance, at one firm where I worked, the first-year attorneys were all tasked with dressing up for Halloween. However, this was a constructive form of hazing. My coworkers and myself needed to work together to pull off a common theme with our costumes, and this was a fun project for everyone in the office.
Another time, however, the junior attorneys and I needed to dress up for our Christmas party, and this was a less-fun experience. At the firm Christmas party, the boss dressed up like Santa Claus, and the junior associates dressed up like elves and helped our boss (Santa) hand out presents. Now, I’m 6’9’’, so it must have looked pretty funny for me to dress up in an elf costume, kind of like Will Ferrell in that movie “Elf”!
However, I’m also Jewish, and no one seemed to care how I might feel participating in this Christmas celebration that did not substantially involve any of the other faiths observed by attorneys at the office. Of course, I couldn’t really opt out of this role, since I did not want to seem like a buzzkill in front of my boss. Again, I’m not the type of guy who gets easily offended, and I was okay participating in a happy occasion that resulted in a ton of joyous kids getting presents. However, senior attorneys should be more cognizant of the fact that such practices may cross a line, and it might be difficult for junior attorneys to opt out of similar traditions.
Another time, I worked at a firm that tasked the junior attorneys with running the March Madness pool. This required a lot more work than you’d think! My colleagues and I had to hound people for money, and even contribute our own funds to the pool until people paid up. Right before the deadline to submit brackets online, a senior attorney handed me a ton of handwritten brackets from his family members. I had to manually upload the brackets into our online system at the last minute, and use every email address I had to make sure that the registrations were done properly. Again, this was not such a big deal, but junior associates should not be compelled to satisfy such responsibilities outside their job descriptions without a real option of opting out.
Once more, I’m not saying that any of this activity crossed any lines, and most of the tasks discussed did not impose too much hardship on me and my colleagues. In addition, there can be value to some hazing in certain contexts. However, senior attorneys need to carefully evaluate how they treat junior attorneys, and consider whether associates have a real opportunity to opt out of tasks with which they might not be comfortable.
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.