Keeping Secrets?

The Delicate Dance of Disclosing Addictions in High-Value Legal Hires

By Rob Green, CEO, The GRM Group.

I was reading the sports news the other day, paying careful attention to the Sandro Tonali situation and then turning my attention to the legal sector and what impact a similar scenario might have on one of our Law Firm clients.

For those of you reading this that are not familiar with Sandro Tonali and his current predicament, here is a brief description.

Tonali is an extremely talented Italian international football star, who recently signed from AC Milan, to Newcastle United. A few months into his employment at Newcastle he was identified as a key person in an illegal gambling ring.

Tonali received a 10-month ban for illegal betting on his own & other teams. He admitted to gambling addiction & is undergoing therapy.

His return is August 2024, missing Euro 2024 & hugely impacting Newcastle's season

Here are some links for further clarity:

Tonali banned for 10 months for gambling breaches - Bleacher Report

Newcastle consider legal action in Tonali situation - Guardian

After reading through all the reports and feeling quite sorry for the young man, I started thinking about the law firms we recruit for, the investment they make and what impact this sort of thing could have on a hiring firm.

The legal sector thrives on meticulous attention to detail and upholding ethical standards.

Yet, when it comes to high-profile hires, particularly at the Partner level, a shadow often lurks – the question of disclosing personal struggles, like addictions.

The case of Sandro Tonali, the talented footballer who joined Newcastle only to be sidelined by a gambling ban that was not disclosed to his new employers at the time of signing him (GBP 55 million signing fee, GBP 120,000 in wages per week), throws this issue into stark light, offering valuable lessons for the legal world.

Imagine the scenario: a law firm headhunts a star Partner, lured by their proven track record and rainmaking potential. Billions of dollars in deals rest on this hire.

But beneath the polished resume lies a hidden addiction, one that could trigger devastating consequences. Should the Partner disclose this? And what are the ramifications if they don't?

The Tightrope of Transparency:

On one hand, transparency seems the ethical path.

Withholding such information is akin to misrepresenting oneself, potentially leading to contractual disputes and reputational damage.

In Tonali's case, Newcastle's investment hinged on his on-field performance, making the nondisclosure a breach of trust.

Similarly, a law firm's Partner carries immense responsibility, guiding clients through critical legal matters. Undisclosed struggles could compromise judgment, and jeopardize client confidentiality, and ultimately, the firm's integrity.

On the other hand, disclosing a personal battle, especially an addiction, carries its risks. In some legal circles, stigma lingers, potentially hindering career advancement or even leading to termination.

The fear of discrimination, coupled with the sensitive nature of addictions, can create a powerful incentive to remain silent.

Weighing the Damage:

However, silence can be catastrophic.

In Tonali’s case, as stated in the article above, much hinges on whether Milan could have known about Tonali’s problems – the 23-year-old’s agent has said Tonali has a gambling addiction and is undergoing corrective therapy – and the Italian police investigation into illegal betting that gathered pace over the summer.

AC Milan (the club that sold Tonali) said they had no prior knowledge of the issues. “We first learnt about Tonali’s gambling addiction through media reports, what we know is only what we read. We don’t know anything else,” said Milan in a club statement.

Before this, Ashworth (Director of Football) had said: “It’s really difficult for me to get into what other clubs do or don’t know.” He declined to confirm or deny whether Newcastle was pursuing legal action against Milan but made clear he did not blame Tonali’s agent. “All we can do is look at our own internal investigation and internal process. It’s a really difficult question for me to answer – I just don’t know.

“You look at your processes. I’ve been doing this for 16 years and nothing like this has happened before. We pride ourselves on due diligence and getting the right characters. We spend an immense amount of time looking at the character as well as the athlete. It’s tricky about what you can and can’t know about people in this world of GDPR [general data protection regulation] and what you can and can’t check.”

Imagine the fallout if, like Tomali, the Partner's addiction surfaces unexpectedly. Client trust evaporates, ongoing cases are jeopardized, and the firm's reputation takes a beating.

The financial impact can be immense – lost clients, reputational damage leading to decreased revenue, and potential lawsuits from aggrieved clients.

The legal ramifications are also murky. While laws protect individuals from discrimination based on disability (which can include addiction), the nuances of disclosure and its timing can complicate matters.

Proving deliberate misrepresentation or concealment of information crucial to the contract could be grounds for legal action, potentially allowing the firm to seek compensation for losses incurred.

Navigating the Maze:

Tonali is understood to have accepted a significant pay cut on wages believed to be about £120,000 a week for the duration of his ban but will be allowed to train with the side.

But where does this leave the aspiring Partner caught in this ethical tug-of-war?

Open communication is paramount. Before accepting a high-level position, a candid conversation with the firm's leadership, ideally facilitated by a trusted advisor or therapist, can pave the way for transparency and support.

Honesty fosters trust, allowing the firm to assess the potential risks and implement appropriate support measures, if necessary.

Of course, this conversation requires careful consideration of legal implications and personal well-being.

Seeking legal counsel beforehand can ensure both parties approach the disclosure with clarity and understanding.

Lessons from the Sports Arena:

Tonali's saga serves as a cautionary tale for both aspiring legal professionals and the firms seeking their expertise.

It underscores the importance of open communication, the potential legal complexities, and the devastating consequences of undisclosed personal struggles.

Trust me when I say, that in every sector, high-performing professionals have addiction issues, and each one of them deserves respect and kindness. Ultimately, the legal sector, just like the world of professional sports, demands the highest standards of ethics and integrity.

Recognizing and addressing the delicate issue of disclosing addictions, with empathy and transparency, is not just a legal consideration, but an ethical imperative. It's about protecting the interests of the firm, the Partner, and most importantly, upholding the trust that forms the bedrock of the legal system.

By fostering a culture of open communication and support, the legal sector can navigate the complexities of addiction while ensuring the ethical and sustainable success of its high-value hires.

Let Tonali's story be a catalyst for change, encouraging honest conversations and responsible decision-making, both on and off the legal field.