New solicitor, setting a hard boundary without quitting

[Coffeetree]

Hi everyone. I recently qualified as a solicitor after many years of being a paralegal. I have a lot of experience in my particular area of law so a few months back, whilst still a trainee, I was made a team lead/supervisor of a small team of solicitors. I'm not management.

We're a strong team except for one solicitor who has been seriously underperforming and lying about it to boot. We have had many many "let's get back on track" talks to no avail.

After I fielded a serious client complaint I spoke with our firm's director (who works in another branch) and our branch manager. Firm director did a spot check and was "massively concerned" and asked me to audit all of her files. Solicitor and I were meant to look at her files together but she didn't show up to our meeting. They're a hot mess and I wrote up a list of remedial actions. Firm director is coming up next week because he's concerned.

Solicitor hasn't reacted well and has now gone to our branch manager to complain about "harassment" and that my emails (which literally say "please do xyz") are "nasty" . I overheard her telling the new receptionist that "Everyone knows [coffee tree] is horrible".

And this is being entertained! Branch manager has come back and said, "[Problem solicitor] told me her files are fine!" when I pointed again to the very glaring errors she's said, "Well I just feel caught in the middle. I wish you two could get along".

This nonsense aside, t's a good firm and despite getting some nibbles from recruiters I'd like to stay. Good reputation, leading cases.

Also I don't want to leave because I've only been there 2.5 years, and was at previous places only 2 years. 50 is a little old for job-hopping.

But this situation is untenable and I need some help laying down the law as it were and telling branch manager:

1. STFU about feelings and support me in the job you've instructed me to do.
2. I need a job description and a 30% raise to continue in this job.

Any thoughts?

So you've got someone with performance issues (and conduct issues now) but management don't want to have to deal with it so they're chalking it up as a personal clash between the two of you and trying to sweep it under the rug? Has any of this been put in writing - for instance, the examples of the problems found in the file review?

Do you have a HR team?

They expecting you to effectively manage up without extra pay or support. This happened to me as a temp (!). I eventually lost my temper, still nothing was done. Bloke was eventually transferred but is still a disaster.

Not a situation you can "win". Seriously, document everything!

I mean is the writing on the wall? Should I just quit?

So far I've been resisting any notion of defending myself because then that just feeds the drama. Instead I've been shrugging and saying, "All I can do is show you the audit results".

How are the management politics?

Has the solicitor got support from someone in mgt? Are there reasons they don't want to know?

Well potentially both 1 and 2. In the meantime I’d say definitely make sure you document everything.

I think your approach of staying unemotional and factual about the whole thing is a good one.

Can you speak to branch manager and ask how he/she suggests you approach the meeting with the Director given they’ve raised concerns and want a meeting?

I’d want to make sure I was in that meeting with the Director if I was you. Could you send them a note in advance with a summary of your file review and suggested actions? It might stop the branch manager trying to sweep it under the carpet and explaining it away as a personality clash.

OP I'm an executive admin in charge of sorting all our new client opening and AML and I make it VERY Clear to the lawyer who asks me to open a file that they must provide the appropriate paperwork as it's not me the SRA will revoke a licence from, it's them, their livelihood etc. ... shocking of the manager to make you feel bad if the lawyer is underperforming !! Stick to your guns, you are doing the right thing trying to get the lawyer back on track.

@Coffeetree

I mean is the writing on the wall? Should I just quit?

So far I've been resisting any notion of defending myself because then that just feeds the drama. Instead I've been shrugging and saying, "All I can do is show you the audit results".

If you shrug it off and they sweep under the carpet, then a year, two, three, four from now the situation will be exactly the same with the underperformer. Although probably more toxic by then.

Yes but I'm not management. I'm not a partner. I can't care more than them.

You don't need to care to document it all and follow procedure.

Yeah of course its all documented.

You aren't management but you've been put in charge of the group and now qualified you also have a licence to lose ... document everything.. make it clear you've tried your best and also to your manager that it's in their interest to also encourage the other lawyer to behave. If after all of that it's self preservation and leave I'm afraid 😱