Humans make human mistakes

The following is not a joke, but this week's cautionary tale for the legal profession. City partner Clive O'Connell, a well-respected, experienced solicitor with international firm Goldberg Segalla, has been dismissed from the partnership after his animated post-match interview with an online sports show went viral, having been shared by football fans on social media (and the national press). Of course, a passion for football in itself is not a sackable offence, but when the passion overflows into offence and abuse, people notice.

Unfortunately for O'Connell, social media has no particular hierarchy, no concept of class or status, and can be desperately unforgiving. These together can make it a dangerous place for those with much to lose.

On the face of it, the dismissal may seem harsh. The comments made by O'Connell in the course of the interview - mainly derogatory references to Liverpudlians - may certainly cause offence and were pointed to do so, but there was no obvious association between him and his firm.

That said, it is not O'Connell's fate that I find most interesting about this story. There have been many examples of foolish behaviour online and on social media, admittedly usually at the more junior end of the profession. It is instead his (former) firm's response to what happened - and unexpected justification for its decision to dismiss - delivered as it was via a video posted on YouTube.

The firm declared itself to be committed to its core values and ethos. Speaking in the video, the managing partner, Rick Cohen, appears to be slighted by the behaviour of O'Connell, whose conduct is stated not to rise to the firm's cultural standards. Cohen places great emphasis on the firm's engagement of staff who are not
only technically excellent but are also 'better human beings than they are lawyers'.

At a time when we are told that our roles are at threat from advances in artificial intelligence, a firm which values humans over computers and robots may prove to be doomed. Pre-programmed robots are unlikely to get overexcited about football or have the occasional lapse in judgement, whether caught on film or not. But that is assured only by taking away humanity, its inherent fallibility, and freedom of choice.

I'm certainly not condoning O'Connell's behaviour, but if a firm believes in employing human beings, it must on occasion also accept humanity's mistakes and faults. Balancing this with a firm's culture and sense of community is a more difficult task, however. One flawless human being is departing the profession this week, and she could never be replaced by an automated facsimile. Judith McDermott has devoted an incredible 34 years to supporting solicitors in many roles at the Law Society. She has guided tens of thousands of solicitors through their early careers, providing invaluable support and mentoring in roles with the Trainee Solicitors and Young Solicitors groups and through the Women Lawyers, Lawyers with Disabilities, and the Ethnic Minority Divisions. Among her personal alumni, of whom she should be very proud, are former Law Society presidents, parliamentarians, judges, and a Lord Mayor, and many other esteemed lawyers and firm friends.
Best wishes, Jude, on your (early) retirement!

Kevin Poulter is SJ's editor at large and a legal director at Bircham Dyson Bell @kevinpoulter

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