As a Brobeck survivor, I'm so very sorry to read about the troubles at your firm.

If you've been to the BrobeckInfo site linked elsewhere in this blog, you might recognize my name. After Brobeck was rammed into the ice berg and destroyed, I got involved in trying to help Brobeck employees with the aftermath. So I do have a pretty good idea of what you're feeling right now.

Like you, and for the sake of all Heller employees, clients and vendors, I fervently hope that Heller does not dissolve. If it does, however, I hope the Heller management and its rank & file partners act responsibly and honorably toward all their employees.

Nevertheless, I believe you're right to prepare yourselves for the possibility of the worst happening. Many like to think the despicable behavior of the Brobeck partners was an anomaly, that what happened at Brobeck couldn't happen anywhere else, but I'm not so sure about that. Each firm likes to tout its own special culture, but I believe the similarities among big law firms far outweigh the differences, and I believe it is possible that what happened at Brobeck could well happen anywhere in biglawland, including Heller.

With that in mind, I want to share some tips with you so that — if the worst does happen — things might be a bit easier for you than they were for us. These are things that I wish we had known or done at the beginning. The tips are sort of like earthquake preparedness kit: good to have on hand, even though we all hope you'll never have to use any of it.

1. Make sure you have originals or copies of ALL documents related to your employment in a safe place Don't assume you'd be able to get the documentation or information you might need after the firm tanked. What kind of documents? Anything that confirms and/or describes your status, compensation, and benefits of any kind. Some things will be specific to you, some will be more general. For example, we had a devil of a time finding copies of the staff and associate bonus plans and stock investment funds. And, if for some reason you're not already doing it, take home your pay stubs. If it's not on each pay stub/advice, confirm and keep track of your current accrued vacation/PTO. Have all the details, including contact info, about your 401K. If you're a contract employee or any special bonus/compensation has been promised you, keep a copy of the proof at home. Don't delay in submitting expense reimbursement forms, and until you're reimbursed be sure to keep copies of the forms and receipt(s) at home. If a document might in any way help you prove the terms of your employment and/or what you're owed or entitled to receive, you want it. It's impossible to list everything that might be needed, so when in doubt copy it and take it home (or if it's an e-document, flip it to your personal email account).

2. Similarly, keep copies of any memos or emails management sends you about what's going on at/with the firm. I don't know how likely it is, but it is possible you will be lied to or given promises that won't be kept. You might need to prove that.

3. If the worst comes, being able to communicate with each other will incredibly important. Copy whatever employee rosters you can and start gathering contact info or building email rings now. The more of your fellow employees you can reach, the better off you all will be.

4. Take deep breaths and try to stay calm. I know this is hard when uncertainty is swirling around you, but the calmer you are the better you can take care of yourself and make good decisions. Don't automatically believe every rosy outlook from management or partners, but also don't automatically believe every scary rumor you hear. Use this blog or whatever other means you have to share information and try to ferret out the truth.

5. I'll continue to hope the Heller partners prove me wrong, nevertheless I think you should be prepared to accept the possibility that if Heller begins to sink the partners for whom you have worked so hard and to whom you have been so loyal will act like weasels and will put their self-interest ahead of any concern for your well-being. My point here is not to diss the Heller partners, but to warn you of the dangers of putting too much (perhaps any) trust in partners. In all likelihood, the partners would band together and do what's best for themselves, regardless of how much it might harm the employees. So, if the worst does come, don't waste time waiting for the partners to help you, to make things right, to solve your problems. Instead, do what they do: band together and do what's best for you the employees. The partners might abandon you, but you're not alone and you're not powerless. You've got strength in your numbers. If you make the effort to help each other, to share information, to work together, and to be kind to one another you can all get through this. We did, and that's how we did it.

I hope what I've written here is of some help to you. Moreso, I hope Heller stabilizes and “the worst” never comes to any of you.

Best wishes to you all, Jayne