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I know, I know — another cautionary tale about law firm holiday parties. We all know the drill: Have fun, but not too much. Keep in mind the party — whether it includes staff, spouses or clients — is a professional work event. What happens reflects on not only the individual but the firm itself.
You have no doubt heard the same old warnings as each holiday season approaches. And as you should; everyone attending a firm’s party should keep those in mind. But what about those hosting the party? Is there is a separate set of guidelines for partners and firm management to make the night a professional — and social — success?
If you’ve attended more than a couple of years’ worth of parties, you know it as a source of lucid folklore. Everyone remembers the year Jim did this, or Jenna did that, or what Jim and Jenna did together. Blowing off steam after a rugged journey to reach economic and business goals at year’s end is implicitly expected to generate juicy gossip or myths of scandal and embarrassment. Anything less is seen as boring, an unwelcome post-party verdict.
But this year is a little different.
As you are well aware, not much is the same in the practice of law today, and those changes are manifestly affecting the outdated template of the holiday party. For example, it has been found that 21 to 36 percent of practicing lawyers are active problem drinkers. Another growing segment medicates their stress or exhaustion with opiates, sedatives and stimulants, often problematically mixed with alcohol. Welcome to an open bar party at the end of the year!
Further, the issue of sexual harassment has dominated daily news feeds in recent months, across all industries. Past deeds are uncovered while current misbehavior is subject to new and severe in-house scrutiny. DUIs are no longer acceptable to the firm or the licensing and disciplinary boards. The firm’s legal liability for its holiday party can extend to physical harm, harassment, discrimination, workers’ compensation and a host of other legal theories to come.
According to studies, more than 10 percent of attendees at holiday parties act out in some manner that compromises their professional standing. They do so under the watchful eye of countless phones and cameras, waiting to be tomorrow’s Instagram post. And mind-altering substances are not always the culprit — many lawyers have strong personalities that become enhanced in the environment of the annual bash.
As defenses fall with each drink, lawyers might act out on their yearlong peer or subordinate crush. They may drink too much just to relax, even if they are not typically problematic drinkers (often a more destructive scenario than with the seasoned drinker). Others may decide to vent their frustration or anger about the firm, often when impaired and exhausted, or even attempt to drive home while legally incapacitated.
Although it might seem as if holiday parties are littered with landmines, the reality is they serve a positive and necessary purpose. In fact, because firm culture often is more impersonal and businesslike these days, hosting such events is critical to boosting spirits.
The end of the year is a milestone and a reckoning, good or bad. Lawyers, professionals and staff have been in the trenches together for a year attempting to reach personal and professional goals. The holiday party is essentially “shore leave,” an opportunity to bond, celebrate, find inspiration, build camaraderie, blow off steam, laugh, enjoy one another outside of the office, and give a nod to the holiday season. It is both a recognition of the sacrifices and achievements of the past year as well as a pep talk for the upcoming year.
In other words, a holiday party can and should be a wonderful experience filled with relatively sober and relaxed conversations, a toast or speech from firm leadership, and perhaps a fun activity. (I was at a firm where each year the associates made a video for the partners, which premiered at the party.) Attendees may even experience some gratitude for their bond with the firm.
Every firm is different, and some decidedly have more of a “family” culture, but this party should serve as a positive experience for all, no matter what the nature of your firm.
Taking a few discrete actions, including the below, can minimize predictable problems.
1. Send invitations and emails outlining the firm’s expectations:
2. Limit opportunities to become intoxicated:
3. Provide Uber or another ride-share service for every attendee to and from the party. It is impossible to identify every person who may be impaired, so the money will be worth it. My recommendation is that Uber be paid for even when the attendees go to an after-party or meet at a bar. These post-party gatherings are common and it’s often when the attendee has that one drink too many. This policy also protects attendees who choose to have a “pre-party,” a not uncommon tradition for nervous associates who may be socializing with senior partners for the first time.
At the end of the day, a party is still a party, with all the fun and risks attendant to a gathering with alcohol, music, food, and scores of different personalities and skills. As host, your firm can certainly put some boundaries and practical tools in place to avoid potential damage to guests and to the firm itself. Neglecting to do so in December 2017 would be a serious error.
Make this year’s party memorable for all the right reasons, even if there are fewer war stories to add to the firm’s history.
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