A few years ago, I moved houses. While I was packing up over a decade’s worth of ‘stuff’, I found my annual performance review from my third year of practice shoved in the bottom of an old banker’s box. Reading the feedback from the senior lawyers I worked with made me think about how much I have grown as a lawyer, especially when it comes to giving and receiving feedback that isn’t necessarily glowing.

For some context, the following are direct quotes from reviews from the partners I worked with that year (edited for confidentiality) discussing my written advocacy skills:

“Erin’s written work product was clear, direct, and concise.”

I didn’t remember the first four reviews, but that final one has stuck with me for 15 years. Especially the word “disappointed”. As a recovering people pleaser, I hate disappointing anyone, especially someone who is relying on me to do a good job.

I also remember my reaction when I first read that feedback. I remember avoiding the partner in the halls.  I was angry. I was hurt. I thought it was unfair. I was in a bad mood. It didn’t matter that the rest of my review was glowing. That final comment was the only one that counted.

It took me a long time to learn how to handle this type of feedback and constructive criticism of my work.  It took me even longer to realize that all feedback, even negative feedback, is very helpful.

Over the years I have relied on a few tips that have helped me when giving and receiving feedback. These tips work for lawyers of all ages and stages because as we progress in our career, partners may no longer be critiquing our work, but management, opposing counsel, judges, and our clients will be.

Tips for receiving feedback:

1. Don’t rush to respond. Take a breather.

Our first instinct will be to be defensive. I remember wanting to explain to the partner why his criticism was unwarranted, why I decided to draft the documents the way I did, and why he was wrong. I felt the need to explain away the criticism.

Folks, this is not helpful. It wasn’t until I was on the other end of providing feedback that I truly understood how unproductive this defensive behaviour can be.

I remember one articling student. Whenever I politely provided feedback or suggestions on how to improve his work, he immediately pushed back with an excuse: “Well so-and-so does it this way” or “You should have told me you wanted it done this way” or “I’m only an articling student”. I was trying to mentor him and help him improve his legal practice, but he wanted none of it. He never listened to the specific feedback; instead, because he did not hear the glowing review he expected, he pushed back. Eventually I just stopped working with him.

When a more senior lawyer, or a client, gives you negative feedback, fight the urge to speak. You will be defensive. We are only human. Take a breather. Maybe ask for time to respond if you need to. And listen. Truly listen to what they are saying. Try to understand the root of the criticism. Is it a fact (you missed a deadline)? Or an opinion (I don’t like how you wrote this)? If it’s a fact, immediately own up to the mistake or accept the criticism. If it is an opinion, see the next tip.

2. Ask questions to understand the feedback.

If the feedback is not a fact, but an opinion, ask questions to understand. If we do not understand the feedback, we cannot act on it. For example, ask: What parts of the Statement of Claim need improvement? How could it be improved? What parts of the Statement of Claim worked well, what did they like? etc. Ask for specifics if they have not been provided.

3. Don’t avoid the person or hold a grudge: You are only hurting yourself.

Yes, it is uncomfortable knowing that someone didn’t like your work. But if you avoid that colleague or client or judge, you are only hurting yourself. You will be missing out not only on opportunities to work with, and learn from, that person again, but you will also miss out on showing that you listened to their feedback and used it to improve.

4. Remember that not all criticism may be warranted.

Sometimes the criticism is unwarranted. Consider where the criticism is coming from.  Did your work product really fall below expected standards or does this partner always rewrite everyone’s work, no matter what? Does ego play a part? Or more importantly, is the criticism directed at you because of your gender, race or sexual orientation? This is why asking questions is so important. By digging into the criticism, it will be easier to see the true intent behind it.

5. Understand the positive side to receiving negative feedback.

Remember that proper feedback comes from an intention to help. That partner or client or judge wants to let you know what went wrong so you won’t do it again. Often, we don’t see our own shortcomings. Be grateful that someone has taken the time to provide that feedback to you and that you now have an opportunity to be an even better lawyer than you already are.

Now, some tips for when you are giving feedback:

1. Be specific and constructive. 

When offering feedback, be clear and specific about what you’re addressing. Instead of saying, “Your argument was weak,” say, “I noticed that your argument lacked strong supporting evidence. Adding relevant case law or statutes could strengthen your position.” Or instead of “Your writing needs to be improved.” Perhaps say “I notice you use a lot of passive voice, it is helpful for the reader if you use active voice.” 

For the feedback I received above it would have been helpful if the partner gave me specifics about what disappointed him about my writing so that I could learn from him. 

2. Timeliness matters.

Don’t wait too long to provide feedback. Address issues as they arise to ensure that the recipient can take immediate corrective action. Timely feedback is often more valuable than delayed feedback. 

Case in point: Back to my example above,I had drafted the factums in the spring, around March, and he did not give me the feedback until the following January during my annual review. Imagine if he had provided immediate feedback? Perhaps I could have incorporated his feedback into new drafts for him. Or I could have learned ways to improve my writing and implemented them during the 10 months he waited to give me the feedback.  

3. Listen actively.

After delivering feedback, give the other person an opportunity to respond. Maybe you misunderstood something. Listen actively to their perspective and be open to a constructive dialogue. This can foster a collaborative environment.

4. Is the feedback warranted?

There was one partner I worked with who always (I mean always) marked up work with a red pen to the point where you could not see the original printed page. However, a lot of his corrections and feedback was stylistic and not substantive. He liked to write a certain way and he had his own particular stylistic preferences. Once, as a joke an associate handed the partner a document that he himself had written, and he even marked that up extensively.  Eventually the associates who worked with him became discouraged. No matter how hard they tried, or how hard they listened to his feedback he always found their work sub-par. This in turn led to some associates not even trying to do their best on his work because they felt it didn’t matter, he was just going to re-write it anyway. 

Before providing feedback, ask yourself are you reacting to your own needs and preferences or what is best for your firm, the juniors working for you, or your client? 

5. Don’t forget the positive feedback too!

Lawyers are busy and sometimes forget that positive feedback is just as helpful as negative. People want to know what they are doing right so they can keep doing it. Highlight strengths and achievements alongside areas that need improvement. This helps in creating a more receptive atmosphere. In other words, don’t be Don Draper from the TV show Mad Men. When his employee Peggy told him that she felt underappreciated, they had the following exchange:

Money is not everyone’s ideal way to say “Thank you” for a job well done. 

So, back to my negative review.

Why did that partner write that comment?

Maybe I wrote some crappy factums.

Maybe I was working several long hours, for several days and I was too tired to produce stellar work.

Maybe I forgot to use active voice.

Maybe I missed some case law.

Maybe the partner had a particular way he liked factums to be written and I failed to follow his preference.

Or, maybe I am just a poor writer. 

But I will never know. The partner did not provide specifics, he did not even tell me when I handed in the work so I could redraft it.

But also, on my end, instead of asking questions to understand the feedback better and to learn how to improve my legal writing, I ignored the partner. 

I missed an opportunity. 

Don’t be me.

Remember: Whether you’re a seasoned lawyer or a new articling student, the ability to provide constructive feedback and receive it gracefully is crucial for success in the legal profession.

*This blog post is an updated version of a post that originally appeared on Erin Cowling’s personal blog titled: “Thank you for Telling Me My Work Sucks” Why Negative Feedback Can Be a Good Thing published November 2020.

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