Originally published on July 17, 2009 in our free BigLaw newsletter.
If you've worked in a large firm, you probably think of "business development" as the Holy Grail. Play your cards right, and it's your ticket to job security, a valuable book of business, and eventual partnership (just to name a few perks). Of course, business development is also full of challenges, like finding potential clients, making an effective pitch, and actually landing the big case. Or worse.
Here's the Pitch …
As an associate, "Chip," now a junior partner at a large firm in Texas, encountered the seamier side of business development. "If you're having a difficult time reconciling the concepts of 'sordid' and 'client relations,' you're not alone," Chip says. "Believe me, it was the last thing on my mind during my early forays into client development."
The foray in question involved an in-house attorney, Cassie, with whom Chip had become acquainted through a local bar association. Eager to cultivate her as a client, he eventually invited Cassie to a gathering that he describes as "a fancy cocktail party." "The attendees were lawyers and other high-powered types," he explains, "but its vibe was slightly more ... 'festive' than the average professional conclave." Chip was soon to learn just how festive it was.
Chip knew that an important senior partner from his firm would be at the party, and he was eager to introduce his putative client. "In terms of her business generation potential," he says, "she was the equivalent of a hot date." So, shortly after arriving, he made his way through the impeccably dressed crowd, with Cassie in tow, to where the senior partner, Todd, and his wife were deftly feigning interest in a colleague's animated war story. He introduced her, they exchanged pleasantries, and the evening passed without incident.
Chip's hard work and chivalry paid off, and, not long after the party, he found himself at a meeting with Cassie, pitching his services. As his presentation to her progressed, he became increasingly confident that she would, in fact, hire him to handle her case. Aware that he was still an associate — and that she might be encouraged by the promise of a more senior attorney's oversight, Chip mentioned that Todd, the senior partner, would be involved in the case as necessary. Instead of the moderately positive response he expected — something like, "Oh, great!" or "That's good to know!" — an expression of distaste crossed Cassie's features. "Ohhh," she said, looking as though she had bitten a lemon.
Suddenly confused, Chip managed a fumbled, "Oh, um, I, um ... what the ...?" With some tactful, though persistent, questioning, he was able to get to the bottom of Cassie's reaction: Todd, it seemed, was a dog.
Strike One…
Some time after Chip had introduced Cassie to Todd and his wife at the party, Cassie had gone off to find the ladies room. She had gotten lost, and wandered down a few hallways and past some dark corners. In one such corner, she saw Todd, locked in a passionate embrace with ... someone other than his wife. Cassie admitted that, before retreating discreetly, she had observed for long enough to confirm that the receiver of Todd's affection was not, in fact, his lovely bride. "I'm happy to give you this case," Cassie told Chip, "which you've worked hard for ... but I'm not too thrilled about Todd."
"My first thought," Chip recalls, "was a heartfelt 'yuck.' My second thought was, 'Will Cassie's poor opinion of Todd be a problem in the future? That was followed by, 'Will Cassie say something to Todd if their paths cross again?' You never know how people will handle an awkward situation like that. Would she conclude that it was none of her business, and leave it alone? If she was really offended by it, would she let Todd know that she had witnessed his indiscretion the next time their paths crossed? Even more awkward, what if she met Todd's wife in another social situation? Would she feel compelled to let her know?"
The problem, says Chip (other than Todd's extracurricular canoodling), was that he didn't know Cassie that well. "We were barely acquainted at that point," he explains. "And she was a brand new client. I didn't feel comfortable delving into how — if at all — she intended to handle my boss', um ... raunchiness. I didn't want to risk offending her by asking the wrong questions or saying the wrong thing." On the other hand, Cassie seemed distinctly unenthusiastic about Todd. And Chip was, of course, eager not to be part of an awkward situation himself.
If It Stays Fair …
So, what did Chip do? "Well," he says, "I decided, in this situation, that discretion was the better part of valor. It wasn't that I wanted to protect Todd; it wasn't that I wanted to make or for that matter withhold any sort of judgment. But I concluded that nothing good could come of me addressing the situation with Todd directly. Todd made a decision to do something that was wrong — and in poor taste. If that had consequences, then so be it."
On the other hand, Chip decided that it was important for him to take a position with Cassie that made his feelings about the situation clear. "I told Cassie that I thought Todd's behavior was unacceptable, and that I hoped she wouldn't judge me, or the firm, by his conduct. It was incredibly awkward to touch on matters like sex and marital infidelity with a client, but those were my feelings. I wanted it to be clear that I didn't condone Todd's behavior."
And, Chip adds, Cassie seemed to appreciate his openness. "I'm happy to report that she is still an excellent client," he says, "and we laugh about the whole thing now. But I think that it was essential for us to address it up front and get it out there. After that, we could move on." As for Todd, Chip says, Cassie still views him with a certain level of disdain. No word on whether Todd's wife feels the same way.
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