Study reveals ‘mobbing culture’ at law firms: How bosses cause tears & competition

LI and Mint, together every fortnight
LI and Mint, together every fortnight
In today’s edition of Mint: A lot of Indian law firms are run like the personal fiefdom of a senior or founding partner. The senior partners are a law unto themselves and are neither accountable internally nor externally. Such systems can breed unique pressures and cultures, quite separately from associate satisfaction with their salaries.

A research paper published in late September by Jayanth Krishnan, who is a professor of law at the Indiana University’s Maurer School of Law and studies the Indian legal profession closely, delved into the Indian corporate legal industry of more than 200 corporate transactional and litigation law firms, of which around half emerged after 2000, “peeling off”, as Krishnan describes it, from older firms.

For the study, titled Peel-Off Lawyers: Legal Professionals in India’s Corporate Law Firm Sector and available for download via SSRN.com, Krishnan interviewed 36 lawyers from 25 of India’s larger and mid-size “family and personality-driven” law firms, and interviewed and shadowed 25 lawyers who had started their own law firm by “peeling off” from one of the bigger ones.

The research paints a psychological picture of why lawyers leave. The study’s findings support today’s research published in Mint that salaries and bonuses at the established firms are “not uniformly distributed, but rather are discretionary”, being determined by a partner in charge at the end of the year. Krishnan says that this can breed resentment and perception of a glass ceiling for non-family-member lawyers, causing peel-offs to happen.

But a deeper problem that causes attrition more than salary, argues Krishnan, is one of work culture that flows from an autocratic and arbitrary top-down structure at firms and can result in workplace “mobbing”, which he describes as “an adult form of what is referred to in India as ‘ragging’”.

Krishnan’s anecdotes are unpleasant, but may not surprise many.

He recounts the example of one star associate who was promoted quickly up the ranks of a well-known, but smaller family firm. However, his open ambition to become an equity partner worked against him and, he felt, the other partners, who would only accept another family member in their midst, began working against him.

While the associate’s work product was good, the other partners overloaded him so that he’d work 18-hour days and his ability to complete all his work began to suffer, which they then criticized. So “mobbed with work”, the associate eventually peeled off and joined a start-up firm.

If associates don’t perform, according to Krishnan, they may face put-downs. One lawyer’s boss allegedly regularly asked associates, “How can you be so dumb?” Another would question the physical appearance of an associate; in other cases, associates were laughed at for their level of English, teased in front of others, and so on.

More subtly, one associate told Krishnan that in all his time at his firm, his boss had never said “may” or “please”, instead using phrases such as “get me this”, or “do that”.

This kind of behaviour coming from the top inevitably filters down. “As another upper-level lawyer mentioned, although he sometimes felt badly about it, he was very demanding on his juniors. Not only would he give them difficult projects, but he would be critical, and at times, yell at them,” writes Krishnan. “Senior associates at other firms acknowledged they behaved similarly, and they too conceded that they verbally accosted their younger colleagues. Too often the standard of behaviour would be to scream first and listen or ask questions later.”

The inexperienced junior lawyers would then be at the receiving end of abuse rather than the only thing that would have allowed them to advance: Mentorship.

Krishnan writes about two young peel off-lawyers, who, laden with unfamiliar work, had no one to go to for help. They couldn’t “get an audience” with their senior, who was never in the office, while colleagues at their own level were similarly clueless.

The work product received by the client suffered and the supervisor would blame the junior lawyers, who suspected that “it represented a deliberate tactic where the junior lawyers believed they were being set up to fail”.

“In the eyes of these associates, they were being placed in a sink-or-swim environment. They knew they were cheap to hire and expendable. Those few who ‘got it’—because they knew how to politic, learned quickly on their feet, or for some other reason—remained, and those who struggled left, which is exactly what happened to these two lawyers.”

On the flipside, not assigning any work can be a way of mobbing associates, can often result in them feeling shunned and resentful towards their colleagues, believing that they are being shunned because of internal politics and not being part of the “in-group” rather than their lack of legal acumen.

Such a work culture is not unique to law firms or even to Indian workplaces—I remember a trainee at the law firm I used to work in London whom a partner reduced to tears after days of limited sleep, and persistent and vocal criticism.

However, if Krishnan’s findings are to be believed, the “mobbing culture” in the Indian legal profession has different consequences, ultimately resulting in making the market more competitive with wave after wave of young start-ups forming in frustration.

This article first appeared in Mint**. Legally India has an exclusive content partnership with Mint, which will feature the latest legal news and analysis every fortnight on Fridays in its print and web editions.

Comments

acapulko 23 Nov 2012, 09:04
+17 -0
Well this is the story of most law firms...... very often associates are taunted/insulted and humiliated...... when you leave law school you dream of working in the big firms. very often those dreams turn into nightmares.
Tch 23 Nov 2012, 09:06
+2 -0
Its much worse for interns sometimes!
dum dum 26 Nov 2012, 06:10
+0 -1
its like human rights vs. animal rights. which one should come first? hahaha!
So true 23 Nov 2012, 09:22
+15 -1
What Kian saw in London is an exception by London standards. What Krishnan's research shows is the rule in India. The very least seniors can do is mentor their juniors, treat them as colleagues and help them develop. That culture is sadly missing in Indian firms (especially on the transactional side). "Thank you" and "please" may take years to come but if mobbing, abusing, screaming, devaluing and being critical (i.e. unprofessional behaviour) continues the way it is, we will never develop into a jurisdiction with excellent mid-level / junior lawyers. As a result, senior lawyers won't get the best out of their teams and the firms won't be able to deliver top quality services.
ARN 26 Apr 2013, 09:32
+1 -0
An absence of "Thank you" and "please" shows the individual's lack of civility. Mobbing, abusing, screaming, devaluing and unprofessional behaviour needs to be responded to. Anyone game for filing cases for harassment at workplace or for a more effective naming and shaming process here in these online forums?
True 23 Nov 2012, 09:25
+1 -0
Well pointed out Sir!! Unfortunate but true - this is the state of affairs in most law firms in India (based on my own experience of working in three different places in the last 10 years and discussions with others). One can only hope that the young lawyers of today don't follow in the same path and can only pray that I am not already one of them.
In a nutshell 23 Nov 2012, 09:57
+8 -0
UNPROFESSIONAL and borderline-insane people.

No good comes out of it. Juniors (1-3 PQE) change firms and get replaced by similar juniors from other firms that have similar culture (i.e. lack of mentoring). Thus, seniors damage their own growth in the process as they do not have juniors who have been mentored well.

What goes around, comes around.
true 23 Nov 2012, 12:16
+0 -0
the law of karma prevails.
xyz 23 Nov 2012, 11:59
+0 -0
all true. unfortunately seniors do it for their own survival. with limited opportunities, as seniors perceive, they can't see associates grow and eventually come as their own replacement. wrong perception for sure
A 23 Nov 2012, 12:47
+7 -0
Finally Kian has the guts to write a bold article (though the kudos should go to Jayanth Krishnan). I wonder what Kian has to say about why LI gives so little attention to such topics and always publicises some of the firms that are the root cause of the problem.
biglaw 24 Nov 2012, 03:53
+2 -0
well this is particularly true in Indian BIGLAW, where the 'swim or you sink' model attaches very little significance to human emotions. However, there are a few execptional partners who really do care about their team members
A.S. 24 Nov 2012, 05:13
+11 -0
As always, cutting-edge research by Jay Krishnan. And the comments section in this article will soon verify all his research findings!
Advocate Chill 24 Nov 2012, 06:24
+6 -1
I previously wrote a pithy post assessing the value of this research in light of several factors. That post was not published, and I wonder why. This "research" is anything but cutting edge.

Rather, the quality of insight and of the research is rather poor. Anyone who has spent an evening or two hanging out with some junior lawyers would have "discovered" as much. I personally don't see how this advances our knowledge, although people abroad, including NRIs such as the researcher, may be saddened and surprised by the state of affairs. Those of us who live with the situation certainly are saddened by it.

Second, I doubt the acuity of the researcher. He has no work experience in India, likely lacks fluency in any regional language and has no Indian accreditation of any sort. It's like someone came from abroad and "discovered" the Taj Mahal. My earlier post suggested that we not jump up and down every time an NRI comes from abroad and "researches" what we had for breakfast today. Why do we react so strongly to observations from tourists?

So, while the treatment and training of young lawyers is certainly an issue for us to sort out, I still think this "research" is pretty thin gruel. Perhaps we're not supposed to critically assess such posts on LI.
Get your marbles back 27 Nov 2012, 06:40
+7 -0
Regardless of your views, the research findings and analysis are very accurate. This article tells lawyers, law students and anyone with interest in law firms the true story.

To do research on any jurisdiction, you don't need to belong there or even know the language. Just like you can write a award-winning book on Germany after talking to English speaking Germans, Krishnan spoke to Indian lawyers who speak English. Nothing was lost in translation on that note. What's your sorrow? You are the one who needs to CHILL.
kianganz 27 Nov 2012, 06:49
+8 -0
Actually, I also meant to add something here.

Krishnan has actually been focusing on the Indian legal profession and industry for a long time now and has tackled some very interesting and unusual topics in his research.

Echoing 'Get your marbles back' at #11.1, just because someone is an NRI or not from India (like me, coincidentally) should not be a reason to judge the research on anything but its own merits.

Maybe some of what has been written is obvious, but the point is that it has never really been documented before.

Capturing this sociological/cultural/business phenomenon in a study of interviews is therefore arguably quite important, academically.

And sometimes perhaps only an outsider would document this, since others might think it too obvious to be worth writing about? Food for thought.

Best wishes,
Kian
Obvious 24 Nov 2012, 10:11
+2 -0
All this is way too obvious for anyone who has spent even a miniscule amount of time in the profession. Also, don't forget the litigation lawyers who are treated like dirt by their seniors, especially senior counsel. The horror stories from the bar would make "mobbing" look like kindergarten issues. I feel over-paying associates makes partners/seniors feel entitled to treating them like shit coz they know that the associates can't live a certain lifestyle without that money. But having said all that, there are examples of mentorship in law firms which is amazing. So look at both sides of the coin. The 'research' is as good as spending one evening in any of the 'pubs' frequented by lawyers in Delhi at least. This article doesn't tell us anything new at all!
Dear Mr. Obvious 27 Nov 2012, 06:41
+7 -0
This article may not have told you anything new, but law students can benefit from reading this. It would also help them to know the reality and what to expect.
birdie 24 Nov 2012, 10:26
+3 -0
Most Indian partners in big law firms have absolutely no manners and treat their associates as their slaves. Most partners, and even some senior associates, have temper tantrums. One senior partner, in Mumbai, who had himself 'peeled off' from the biggest firm in India have had the reputation of routinely making his associates cry or leave. They do it with impunity because 'dissent is not tolerated'. This is one reason why most associates, at newer start-ups, are so much happier with the work environment.
Junior 24 Nov 2012, 23:26
+8 -0
one amazing thing i have noticed with all the deal reporting that goes on, on most legal websites, Indian firms would name their partner and rarely the associate or at some times, only the partner and the next in line, whereas when you see foreign firms names' you will see each and evryone's name reported from the partner to the junior associate and mind you, all the teams.. i guess that itself speaks a lot.
tima 26 Nov 2012, 19:46
+3 -0
It's very true and very saddening. Theres a lot of stress here and most partners think nothing of humiliating associates to the fullest extent. Many associates leave, some losr self dignity, a few survive and become partners...the cycle goes on. There is no dignity in law firms at all. At least in a company the boss is still an employee, gotta pretend to play by the rules. Here the boss is above the rules. Im suffering in this filth for years and cant climb out.....
Anonymus 30 Nov 2012, 12:19
+1 -0
that is absolutely spot on. Its a fashion these days to import monkeys from international law firms, who were thrown out due to recession of poor work performance. They carry intellectual property of those law firms and masquerade as intelligent ones. These monkeys prance around speaking all sort of gibberish to sound cool in front of juniors. Threats are not uncommon either.
tima 30 Nov 2012, 21:17
+1 -0
[quote name="Anonymus"]that is absolutely spot on. Its a fashion these days to import monkeys from international law firms, who were thrown out due to recession of poor work performance. They carry intellectual property of those law firms and masquerade as intelligent ones. These monkeys prance around speaking all sort of gibberish to sound cool in front of juniors. Threats are not uncommon either.[/quote]

Thanks for the sympathy. Not only the foreign failed imports but even our domestic firm promoters / partners are merciless. Everyday I am made to feel like a slave and it is rubbed into me time and again. I know that if anything on a matter gets phucked up I will be first to be thrown out. If i had an alternative I would have quit years ago.
Agony Aunt 3 Dec 2012, 15:10
+1 -0
It is indeed sad to hear about your suffering. A lot of it is in the mind - you need to boost your self esteem and that will happen only when you start respecting others. You were quick to bitch about your foreign returned colleagues and turned a blind eye to the obvious fact that they got the best job when they graduated and they, presumably, have better legal reasoning skills than yours which was further strengthened by their international exposure. If you are disrespectful of others, it affects you and also gets reflected in your body language. When you do that to smarter people, you dig your own grave. Start respecting others and you will be able to climb out.
Anonymus 30 Nov 2012, 12:02
+1 -0
They only give importance to themselves and praise themselves, no one else does. They have made this a way of life. Coming in late, wasting half the day smoking, staying late. You seem hardly any of them are married, if married, divorced or no kids. They always aspire you for the future goal, to go the extra mile, when today quietly slips by.
Mooter 20 Apr 2013, 11:11
+1 -0
The source of all this ongoing mayhem in the working Indian law firms lies with in the blunders of our economy. Most of us are very well aware that being a partner has got more to do with the "ability" to bring in the business rather than actually commanding certain legal skills. The crony capitalism with in our economy ensures (particularly in case of "Dilli") that some chosen few blessed with connections through their mummy-papa with in ministries or judiciary get their hands on chunk of the deals whether it the account of a business entity or GoI. Except the tier 1 firms, the rest are just law offices of some "bade vakils". P.S. - As for lawyers who make fun of others not so well qualified in English, they should feel ashamed like the rest of us for being in a country that gets its legal work done in a foreign language rather than our own.