Your associate is likely to leave. I say that not because I know you’re a crappy boss or because your associate is a douchebag. I say it because of the numbers.

Realistically, the data tell us, people come and people go. Keeping someone forever isn’t likely to happen.

So accept it. She’s leaving. She’s going away. You can’t stop it.

But, you can be ready.

You can keep the departure from throwing you for a loop.

It’s easier if you see it coming.

Here’s how it’ll go down.

1. Asking for More

The associate is asking for more of something. Usually it’s money. Sometimes it’s more time off or some benefit you don’t currently offer. You’ll be struck by the fear of saying no and having the associate leave. That’ll be balanced by your memory of all the things the associate has recently screwed up and how you’d love for her to leave. But, of course, you’ll panic a bit about how you’ll get work done in her absence.

One thing leads to another, and she decides to leave. She feels unappreciated, and you feel like you’re already doing more than you should. It’s unfortunate because it was probably a good business deal for both of you, but emotions take over when compensation discussions get heated. It’s not extraordinary for amateurs (and that’s what most of us are in this arena) to lose control and end up doing things we later regret.

Sadly, many compensation discussions result in departures. It’s a land-mine-filled path, and it’s challenging to negotiate.

2. Storming Out

This is a nightmare. The associate freaks out and leaves. Sometimes there’s a screaming fit. Other times, the associate just says “buh-bye” and goes away. On the one hand, it’s great that the associate is gone and that it was quick. On the other hand, it’s a huge problem because you have no idea what’s finished, what isn’t, and where things stand.

A variation on the storming out is the “no notice” or “minimal notice” departure. Two weeks was once the standard for staff members. Lawyers usually gave more like 30 days’ notice. Not anymore. People leave with little, if any, notice in many instances. It’s horrible and, personally, I think it’s the wrong move for the employee, but maybe I’m old-fashioned.

I’ve consulted with lawyers experiencing the loss of an associate in a quick departure for whom the loss was devastating. These lawyers knew little about what the associate was doing. I had one lawyer who didn’t have a list of the associate’s clients. This is where management and supervision become critical. If you’re not supervising your team, then a sudden departure is going to be incredibly disruptive.

3. Taking Clients

Yep, it happens. It’s scary. It’s probably inevitable.

How will you respond? I’ve written about helping the associate take the clients. It’s one response, and it’s what we do.

Some lawyers do the opposite. They fight to keep the clients. Obviously, it’s your call, but it always goes badly. There’s no easy solution to this problem.

If you’re going to hire associates, then you’ve got to expect some of them to leave with some clients at some point. The key is to build a business model that allows for this inevitable occurrence. Build it into the system. It’s coming one day, so expect it and keep moving. It’s not the end of the world.

4. Leaving With the Team

Ouch. One lawyer I know came back from vacation to discover that an associate had taken most of the other lawyers and staff as well as the clients. They joined another firm. Horrible.

I watched another lawyer come to the realization that the associate had taken over the lease on the office space and somehow taken control of the phone number for the office. When lease renewal time came, the associate simply leased the space without the law firm owner’s knowledge. Sneaky. Horrible. It was a major setback for the owner.

Should these stories frighten you away from building your firm with associates? It doesn’t scare me. I just keep going. If it’s not one thing, it’s another. Building and running a business is filled with challenges, and this is one of them. You build strong systems, you hire good people, and you take care of them. Sometimes things go wrong, and you learn from them. Big departures are tough, but they’re just another bump in the road. It’s a surmountable problem.

5. Departing Professionally

Not all lawyer departures are horrific. Sometimes associates give plenty of notice and work with you to keep clients happy. Sometimes, and more often than not, they behave in a professional manner, and your positive relationship continues after they leave. You actually miss them and keep in touch. They become referral sources, and your relationship grows.

Associates leave for lots of good reasons. Sometimes they have great opportunities. Sometimes they move away with a spouse. Sometimes they hit the reset button and go into another line of work. Leaving you isn’t always a rejection of you or your approach.

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While the departure is professional, it’s still disruptive. It’ll be immeasurably easier for you if you’re always interviewing. It’s healthy and helpful to keep interviewing even when you don’t have a position to offer. You want to keep your finger on the pulse of the associate market. You want to have prospects if opportunities open up.

Stay Focused on the Big Picture

The departure of a lawyer is significant in ways that go beyond the departure of a staff member. There are ethical and regulatory implications. It’s important to comply with the applicable Rules of Professional Conduct. It’s important to protect your clients from difficulty and disruption.

The departure of a lawyer can be painful. But, it can also be managed and, in those instances, it can be a positive development.

The replacement is often an improvement. We learn about management, and we learn about the selection process as we move through employees. We grow, and that enables us to replace the lost employee with someone stronger and more capable.

People come and people go. It’s the nature of the business. Gain some perspective by seeing the big picture. Don’t let the day-to-day ups and downs and comings and goings get you down. Anticipate, plan, prepare, and roll right along. It’s coming, and you’ll be ready.