Tuesday, November 11, 2008

Associate Breaks Code of Silence

In a moment that can only be accurately described as unconscious subordination, Jill Alp, a second-year associate, interjected on a conference call today potentially undermining months of hard work to keep her presence on any calls relating to the case a secret. Whether the situation was a conference call with the client or in-house counsel, partner Jeffrey Platz operated under the principle that Ms. Alp would not exist outside of the room where they were sitting. Through the highly selective use of the phone’s mute button, Platz could glean any knowledge that Alp had on the case and regurgitate it to the others on the call without anybody being the wiser.

Today’s call started out like numerous others before. Platz had dialed the client’s in-house counsel and introduced Susan Card, the other partner on the case, while neglecting to introduce Ms. Alp. To make it easier on himself, he would then proceed to do his best not to look at Ms. Alp until the call was over. Ms. Alp, for her part, had become extremely skilled at channeling her inner court reporter and as soon as she heard the phone number dialed, she put her head down and started taking notes until the call ended.

During today’s call, Alp simply lost her focus. “I don’t know what I was thinking,” stated a clearly frazzled Alp to a fellow associate at the instant coffee station later that day. “The client was asking questions about the state of the law on a topic I researched and when Jeff paused, I started answering. I think because I finished the memo on this exact issue at 2AM last night I wasn’t able to recognize the difference between my inner and outer voice.”

Platz quickly covered Alp’s slip-up by stating that one of his associates on the case had just walked in to drop something off. When the client asked if that was the infamous Jill Alp that he had seen on the bills Platz said yes and then quickly added that she had just slipped out of the office to work on one of her many pro bono matters. Alp, for her part, lost all color in her face and as soon as the opportunity presented itself, muted the phone and apologized profusely.

Platz did not address the issue until the call was completed. He was not angry, but wanted to make sure that Alp understood that this should not happen again. “Look Jennifer [sic], I want you to know that I really value your memos and sometimes I read the long emails you send me, but I just don’t think the junior associate today, even the mid-level associate for that matter, is able to just start talking on the phone,” explained Platz before his cell phone rang and he lost focus. Ms. Card, the other partner in the room, simply shook her head while tapping away on her blackberry.

A couple of days later, in-house counsel called Alp directly. He told her that he’d like to cut out going through Platz for answers to save costs. Vindicated, Alp agreed and then pressed the mute button so that she could holler down the hall for her paralegal to come in and take notes without making a sound.

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