Talent Management: The Young Lawyer

Author: Lori D. Brazier - Lexpert (October 2007 at p. 105)

No firm can expect to keep 100% of its lawyers for the life of their careers. A certain number of departures can always be anticipated, and are unavoidable. Dozens of opportunities are available abroad and outside private practice.

Still, investing in associates greatly reduces the risk of certain departures. Young lawyers want to be a part of the firm, and understand how they fit in. They are there for more than a job. “Nobody went to law school to end up on an assembly line,” claims Josh Spicer, an associate with Toronto IP firm Bereskin & Parr. His colleague Chris Tortorice adds to this sentiment, sayings, “law practice can be very isolating.” Knowing that he is a key part of a team that welcomes his contribution breaks that isolation. “Just grinding out work is not fulfilling,” he says.

Investing time, resources (and money) is recognized as an important element of a strategy focused on sustainable development and excellence – from the biggest firms to the smaller boutiques. Borden Ladner Gervais LLP developed its professional development program a few years ago as it completed its formation of a national firm arising out of mergers with firms in Vancouver, Calgary and Montreal. “Our strategy was to use professional development as a tool to create a new firm culture,” asserts Norm Letalik, BLG’s managing director of professional excellence. “Our program is truly national, with the same quality of career management, training and development available to young lawyers in every office.”

A senior partner from each BLG office sits on a national committee that meets monthly. All associates enter the comprehensive program as soon as they join the firm, even if they began their career elsewhere. Every associate has a very detailed career development plan tailored to a specific area of practice. Letalik notes the goal is to ensure that every associate gets access to work that allows him or her to grow and develop. The plans target acquisition of very specific skills (both legal and practice management skills) as the associate progresses from first year through to seventh year and becomes eligible for partnership.

The early years focus mainly on the law and many of the fundamentals of practice - including the business of law. First year features an introduction to business development and client relationship management. Leadership and management skills are addressed in later years. “We map the skills exhibited by successful lawyers,” says Letalik. The firm then designs programs that teach other lawyers how to use the characteristics these lawyers embody.

Ira Parghi, a member of the firm’s health law group, started her career at a small firm. She wasn't specifically looking to move to a firm with a very structured training and career development program, but soon saw its value. “The program has exceeded my expectations,” she says. “It is very hands-on and practical, and removes many of the mysteries of practice." She greatly appreciates her development profile, believing that it keeps her and the firm focused on her progress.

Her colleague Rebecca Bush agrees. “It is too easy just to get caught up in the flow [if you don’t have a plan].” She is consistently impressed by the quality of the training, ranging from very practical tools such as knowing how to deal with “situations” that could arise at the courthouse, to a “mind-blowing” advocacy weekend, during which associates received feedback and valuable tips from top-notch litigators. The social aspect is valued too – there is no substitute for the interaction with other members of the firm that is not available through client work.

Mid-sized and smaller firms have a less structured and formal approach, but their associates believe that the endeavors are effective. Tina Loucaides of Bereskin & Parr believes that the firm’s semi-annual reviews provide adequate feedback about career progression, and allow for identification of specific needs and wants. Her colleagues Tortorice and Spicer like the flexibility they have had to shape their own careers, but do agree that the firm’s commitment and support is key. Associates are actively encouraged to take part in external programs, and benefit from a variety of in-house sessions led by various partners. Both legal and practice management skills are addressed. Tortorice, Spicer and Loucaides believe that the firm’s initiatives are part of why they want to stay. “We haven’t had a lot of people leave,” states Tortorice. Recent departures were for other reasons, such as a spouse being offered a job in another city.

Small firms tend to be highly informal, but can be effective if they find ways of ensuring continuous development and progression. “We don’t have detailed career profiles for our associates, but we do make them part of the practice so that their involvement is more than just accomplishing discrete tasks,” asserts Adrian King of Brown & Burnes, a small insurance defence boutique in Toronto. “We don’t just give out a task assignments. We [the partners] walk the associate through the file at the beginning, and have him or her read everything. We take them to discoveries, mediations et cetera at no charge so that they can learn and observe. Last year a big client, Royal & SunAlliance Canada, asked us to commit to a significant involvement of associates in the work they send us. This has really reinforced our team and mentoring approach.” The approach is informal, and quite organic. King does admit that taking the time to identify what associates should be able to accomplish at various points in their career would be useful. He thinks that the firm is fortunate to have a managing partner who understands how to be successful in practice and work effectively with clients.

Sonia Nuic, a senior associate at Brown & Burnes, believes that her career has progressed well over the years because she has been fully involved in the files, and because John Burnes has been a great mentor and teacher. “John has taught me not only how to run a file from start to finish, but I also know how to mentor younger lawyers,” she claims. She hasn’t felt the necessity for more formality, but agrees that she is fortunate to have been led and tutored by someone she believes “really knows what it takes” to be an effective lawyer.

The bottom line: investing in training and career development increases the chances that valued associates will stay, and contribute to the firm in a positive way. The key is to ensure that any initiatives address the full range of skills and competencies required to be effective in practice.