What if a partner is not performing up to par?
Dear Nanay,
We are four partners in our small law office. Our problem is that one of us is not performing up to par. We already talked to him about his performance several times, but to no avail. There is no improvement. What should we do? Should we take him out of our partnership? Our biggest problem is that we have all been friends since law school, so we find it very difficult to take him out.
Jonas
Dear Jonas,
Evaluation of performance is always difficult in a partnership. And it is made even more difficult when friends or family are involved. But at the end of the day, you cannot sacrifice the business solely for the sake of friendship because in the end, everyone will suffer.
I am not sure how you do it in a law office, but here is one way you might be able to handle your situation.
A law office must be treated just like any other business. You have to be able to make a profit. If not, the office will eventually close and the partners will have to all go their own way.
I think the first thing you have to do is to sit down as partners and make specific goals. It is the beginning of a new year, so it is the perfect time to set goals. Set targets for everyone. And since you will be giving everyone targets for the year, automatically you will be setting targets for your partner who is not performing up to par. But at the same time, he should not feel offended because you did not single him out. Everyone will have targets to meet.
You have to be specific in what you want him to do. Hindi puwede yung basta sasabihin ninyo (You just can’t say), “You are not performing” or “You have to do better.” That is too vague. What does it mean? Do you want him to find more clients? Do you want him to win more cases? Is it the quality of his work or the quantity? Be specific so that the annual targets are clear, not just for your partner but also for everyone.
For example, there are people who are not very good lawyers but are very well paid because they bring in a lot of clients. Ang trabaho lang nila ay magpasok ng kliyente. Pero pag hearing na, (That’s their only job. Then, at the hearing) someone else takes over. Basta sila, taga-PR at dala lang ng kliyente. (They just do PR and bring in clients.) They look like they never do any work and all they do is play golf. But they are very valuable assets to the firms or companies they work for because of the clients they bring in. And without clients, you cannot make money.
After you have set your goals, you should also set bonuses or “penalties.” Maybe there should be financial rewards or penalties for goals achieved or missed. For example, a performance of 90 percent of your goals will get you whatever percent bonus. If you make 80 percent of your goals, then you get a little less. And if you fail to meet even 50 percent or whatever percentage you designate for two or three evaluation periods, then maybe you can make it clear that the partnership will have to consider your removal from the firm. And it will be fair because this rule will apply to everyone. Kailangan lahat magtrabaho. (Everyone must work.) No contribution, no income. And make sure everyone agrees. Para sa umpisa pa lang, klaro na at walang sisihan. (So right at the start, everything’s clear and no one can blame anyone else.)
Sincerely,
Nanay
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Living With The In-Laws
Dear Nanay,
I have been married for almost nine years. Last January I had an argument with my husband and we decided to part ways, although not legally. I heard he is in
Confused Wife
Dear Confused Wife,
If I were you, I would just stay with my in-laws for now. Anyway, your husband is not around and your in-laws look like they love you and your son. If you move out, you will be on your own with your son. Dalawa lang kayo. (It’ll be just the two of you.) So for practical purposes, you should really consider just staying where you are. Just make sure you also help with the expenses or the chores around the house so that you are not a burden to your in-laws.
And it is not just a matter of financial practicality. Don’t forget that your son needs a family also. He needs a support system. He needs a male figure to look up to. And besides, your in-laws are not your husband. Magpasalamat ka nga na mabait sila sa iyo. (You should be thankful that they are good to you.) And you cannot blame the wrongdoings of your husband on them, especially after all they have done for you.
As for reconciliation, I do not know when he will decide to come home. Maybe he will go home when he becomes more mature and realizes his mistakes. But if he does return, then it becomes a complicated problem. Even if you do not want to take him back anymore, you have to seriously consider it because he is still the father of your son.
Sincerely,
Nanay
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