Partner Responsibility and Associate Performance

Author: Author: Richard G. Stock National, Vol. 5, No. 7 (November/December 1996)

As businesses, law practices are affected by competition, the pressure for increased productivity, competing time demands, and, in too many cases, declining partner profits. Initial reactions to these harsh realities are often counterproductive. Some lawyers bury their heads in the sand, others work harder, though not always smarter. Still others look for ways to overhaul the compensation system to re-set the balance between partners. Small wonder that it's hard to keep professionals motivated and productive these days.

Dissatisfaction and the loss of intellectual capital, however, can be mitigated by law firms and law departments. There are four responses which partners and general counsel can use to motivate, reward and inspire loyalty in their associate colleagues. Done well, such initiatives will improve productivity, satisfaction and stability.

Expectations

The first response is to formally establish personal performance plans based on clear expectations at the beginning of each year. Model plans are available. They are usually very specific about: billable time; non-billable time for training and development; tolerance levels for work-in-progress and accounts receivable; and objectives to obtain new clients and files. Plans may be divided into more manageable quarterly packages so long as specifics are clearly established. It is a good idea to build in twice yearly formal reviews to monitor associate progress against the plan.

The concept of comprehensive appraisal can be particularly useful. It is not enough to evaluate associates on the way to the restaurant, or to abandon them to make it to partnership by the " sink or swim " school of advancement. The best and fairest review processes are always expected and comprehensive. They should cover the six principal categories of excellent lawyering: technical ability; delivery of client service; creative problem-solving; teamwork and leadership; attitude and personality; and support for the law department or the firm's mission.

Each of these six categories is then supported by five to ten performance indicators and expectations. The appraisal format and indicators remain the same across the firm, regardless of the area of law. All supervising partners are asked to complete an appraisal for each associate with whom they have had substantial contact. Once the results are compiled, two partners are designated to discuss the composite appraisal with the associate.

Some firms make the review exercise a two-way process by asking associates to submit anonymous appraisals of supervising partners. These are limited to questions of client service, associate development and overall practice management. A designated partner receives the results of his or her " review " as part of the input for discussions with the associate being appraised.

Training and Development

There is very little divergence of opinion among partners about the skills that associates should develop. Surveys indicate near unanimity on the following " must have " abilities: drafting legal documents; negotiation; counselling; understanding and conducting litigation; obtaining and keeping clients.

Because the training of associates does not occur by osmosis, firms must invest the time and funds required to design and deliver practical, sustained training in an organized and measurable manner, and in a way which is specific to the context of the law firm / department.

Research shows that there are at least five attributes considered essential for today's lawyer: the ability to think strategically; flexibility and adaptability; a global outlook; the ability to work in teams and leadership ability.

Canned training programs are not enough. To be effective, learning must be continuous, firm-specific and applicable to day-to-day work. Naturally, budgetary and time commitments are also key considerations.

The Family-Responsive Workplace

Progressive workplace policies typically include: expanded parental leave guidelines, alternative work arrangements, health care benefits for same sex couples, a dependent care ( children and elders ) counselling and referral program, and assistance programs for employees or family members. Included in this last category are: marital or domestic difficulties, emotional issues, substance abuse, financial concerns, stress or other problems affecting work performance.

A Conference Board of Canada survey reported that 56 per cent of employers believed that one-quarter of absenteeism problems were caused by work-family conflict. It also suggested that the pressure to juggle work and family tasks is of two types: role interference, where an individual's roles overlap and conflict; and role overload, where daily work and family tasks are simply too much for the individual to handle.

Not every law firm or law department has the financial resources or infrastructure to offer all of these benefits on their own. However, many of these services are available in most major communities, and a first step might be to assist employees in taking advantage of community-based programs.

A family responsive workplace requires an understanding by partners that the cost of doing business demands a commitment to strategies ensuring an equitable balance between individual and organizational needs. The managing partner and the general counsel should be leading the charge.

"State of the Union"

It is difficult at the best of times to understand the intricacies of law firm economics, " inventory " management and basically what it takes to get things done in the organization. The majority of partners, associates and staff rarely receive a detailed " state of the union address. " Beyond the usual financial reporting, partners and employees have more than a passing interest in the major strategic and operational initiatives being undertaken by the firm. More of this information should be shared with all members of the firm.

A pre-requisite to securing partner and employee productivity, motivation and loyalty is to offer a sense of belonging. Quarterly briefings and annual internal reports offer a measure of predictability and improve the ability to cope with change developments.

While many forces are beyond the capacity of the law firm / department to predict or control, there are still initiatives which can reduce turnover. Clear performance expectations, a purposeful training and development program, a family-responsive workplace, and regular communication about law firm / department direction, operations and health are all within the power of partners and general counsel to deliver.