How Great IP Leaders Address Underperformance
Having hard conversations with underperforming employees can be equal parts tricky and uncomfortable. However, in a field like IP, where attention to detail, deadline adherence, and professional reputation are absolutely critical, these moments are unavoidable. Whether you are a partner, team leader, or department head, approaching these discussions with clarity and empathy is important to your team’s success and your reputation as a leader.
If handled thoughtfully, difficult conversations like these can become a major turning point in improving performance and bringing your team closer together.
Set the Stage for a Constructive Conversation
A conversation like this should never be a surprise to your team member – usually, this kind of frank discussion should follow more than one instance where you have had to restate expectations for your employee. Begin by framing your conversation around a shared goal: understanding why performance may have slipped and getting the individual back on track. You should emphasise that you aren’t just here to criticise them – you want to see them succeed.
Invite Self-Reflection
Patent attorneys tend to be hardwired for analytical and logical tasks; encourage them to apply this lens to themselves. You might prompt them to share how they feel about the work they have been doing recently – for example,
- Have they been meeting deadlines reliably?
- How have they performed in client or stakeholder interactions?
- Has their work product been up to standard?
After listening to their self-assessment, this is your time to empathetically share the concerns you have. It’s important to emphasise at this point that this is not intended as a confrontation, but a constructive review.
Provide Specific, Balanced Feedback
When you dive into the points you want to address, you need to ensure that you have recent, specific examples for any criticisms. General statements such as, ‘you need to be more proactive’, are largely unhelpful and can make your team member feel confused. Highlight examples that have happened in the last month or so and give contextual feedback to show what the person should have done differently. Your goal in this conversation is to help them understand what happened, why their response may have been inappropriate or lacking, and how to adjust.
Understand the Causes
Underperformance – particularly in attorneys who were previously doing well – can stem from a range of causes. Your team member might bring up why they think this is happening; from unrealistic workload to interpersonal/home issues, you need to listen without judgement and be open to making adjustments on your side as well. Something which is easily fixable may well crop up, allowing you to immediately improve performance. It is also important to highlight that the employee can and should ask for help when needed – seeking support is not a sign of failure, but a pathway to professional growth.
Reinforce Strengths and Rebuild Confidence
The precise nature of IP can often mean its professionals lean towards perfectionism. As such, these kinds of conversations can present a significant knock to their confidence. Towards the end of the meeting, you should ensure that you acknowledge where your team member is doing well. This way, the attorney can leave with the sense that the conversation was fair and future-focused.
Clarify Expectations and Confirm Action Points
Close the conversation by defining what needs to change and how this will be measured going forward. As patent teams often work under regulatory and client-driven pressure, defining expectations precisely is critical. Make sure there is no ambiguity about what “good performance” means in terms of deadlines, communication, billing, and teamwork. Then, you can summarise the meeting into clear next steps. Throughout the conversation, you should have come to an agreement on action points you would like to see from the employee within an agreed time frame. E.g., seeking mentorship from a more senior colleague within a week, or improving turnaround times within a month.
Performance conversations in IP practice are never easy – but they are necessary. With the right preparation and tone, they can become key moments of realignment and renewal. When feedback is tied to shared standards, genuine care, and professional growth, it stops being uncomfortable and becomes an investment in the future of your people—and your practice.
If you would like to schedule a conversation about IP leadership and organisational strategy, get in touch today!
