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The Column is a quarterly publication
by Special Counsel, Inc.
Jodi L. Nadler, Editor
John Marshall, President, Special Counsel

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Letters to the editor
Column@SpecialCounsel.com

Dear Friends and Colleagues

We are pleased to share with you our winter edition of The Column newsletter. As we begin the year anew, we consider the face of the legal marketplace and what the year ahead will bring. You have told us that your firms enjoyed strong revenues in 2007 and market indicators point toward an exciting 2008. 

With changes in the economy and an upcoming Presidential election, we expect interesting things for the employment marketplace. In anticipation of these events, have you reviewed your growth plans to reflect changes in the economy? Have you consulted with a staffing or search firm to ensure you have the appropriate manpower in the most strategic practice areas to support both stability and growth in the coming year?

The articles in this edition of The Column raise some important retention issues that we hope will foster some dialogue within your departments as you analyze your staffing and productivity levels. Understanding how to both keep your new staff content and support your existing staff is extremely important to the effectiveness of your teams.

As always, we welcome any suggestions, comments or questions you would like to share with us so that we may incorporate your thoughts into future editions of the newsletter. Please email us at the following address: column@specialcounsel.com. Wishing you a prosperous 2008!

Jodi L. Nadler, Editor
Vice President, Special Counsel


How Can You Help Your Associates Help You?

With the recent salary increases in the legal community, many firms have been struggling to make other changes to satisfy their associates’ demands for more life/work balance without raising salaries again. Based upon a survey of associates at a range of small, mid-size and large law firms, we have developed some ideas on how firms can easily improve their associates’ life/work balance without adjusting salaries up and billable hour requirements down. The following suggestions, some of which involve negligible costs, may just inspire associates to put in those long hours for which firms are looking! 

1.   Provide Easy and Meaningful Access to Partners

One significant and persistent comment from associates is in regard to associates’ utter lack of meaningful contact with their partners. Associates want the opportunity to talk with their partners on a more “human” level and would like firms to require “open-door policies.”

Associates suggest that firms organize monthly partner/associate lunches or happy hours where associates can chat with partners about matters in a friendly environment. An attorney from a boutique Chicago firm mentioned that her office recently held a meeting where partners were present to talk with associates about their New Year’s resolutions, article aspirations, and the like. She found it reassuring that the partners in her firm made time to speak with associates about matters other than motions and research assignments. A number of associates feel that their work experiences would be greatly enhanced by actual access to their partners.  

2.   Give Them Creature Comforts

Many associates suggested that law firms improve upon those “creature comforts” that make office living a bit more like home living. Associates believe that their firms should offer free access to a variety of beverages as well as to healthy snacks like fresh fruit and vegetables and prepared food like microwave popcorn, chips and sandwiches. Associates say they can be more productive with access to a constant stream of caffeine and quick snacks – food that can be grabbed for an easy lunch or during a late night at the office. 

Aside from requests for free food and drink, associates also request that their offices be more comfortable. In particular, associates requested ergonomically designed desk chairs and additional lighting. Associates polled said that since they spend so much time at their desks, they should have a comfortable seat. Moreover, they indicate that the addition of a desk lamp or two makes it easier to stare at a computer screen for long periods of time without straining their eyes in harsh florescent light. 

Lastly, a number of associates thought their firms should either affiliate with nearby gyms to provide reduced-rate memberships or develop their own on-site work-out facilities. Associates mentioned time and again that lunchtime workouts helped them get rid of stress and allowed them to come back to the office reenergized and ready to put in those necessary evening hours of billable work.

3. Help Out New and Experienced Parents

Now that most associates are raising families in two-income households, firm assistance with the familial stress would be much appreciated. New parents commented that on-site daycare would be a wonderful way for them to work yet still be close to their children. However, most associates also recognize that the cost of on-site daycare may be too much for all but the largest firms to bear and instead suggest that firms organize parenting groups. Associates who are parents suggest that firms provide them with reserved conference rooms to be used on a monthly basis for parental networking meetings. They think it would be helpful to speak with other parents about their experiences and share information regarding local daycares, reliable babysitters, and other general parenting tips.

4. Offer Remote Access to Computer Networks

One of the most popular requests from associates in firms both small and large was for easy remote access to their firm’s computer networks. Associates mentioned they would work more on the weekends and after the close of the workday if they could more easily work from home.

While many associates indicate that their firms provide remote-access via a virtual private network (“VPN”), these networks are often complicated to use and are unreliable. As a result, many associates suggested that their firms re-vamp VPNs. Additionally, one associate suggested providing attorneys with monthly access to computer experts at work so that firm employees can have the experts ensure that their home computers are properly secured and compatible with the firm’s VPNs. 

As an alternative and since firms routinely replace their computers, associates suggest firms begin replacing traditional desktops with laptops with docking stations. Associates can then simply disconnect their laptops and take their work home so that they can continue being productive without feeling chained to their desks.

5. Provide Additional Administrative Assistance

Finally, a number of associates expressed concern with inadequate administrative assistance during extremely busy times.  When their assistants are swamped with other attorneys’ work, associates have to set aside billable time to handle administrative tasks to ensure that their own projects are completed. To make certain that associates do not lose billable time to administrative tasks, associates suggest that firms employ floating administrative assistants. 

While some large law firms already provide this service, a number of associates found that they were not aware of how to ask for this help without appearing to be complaining about their assistants. Therefore, associates ask that firms clearly delineate procedures for asking for this additional assistance. Associates in smaller and mid-size law firms, where employing a floating administrative assistant is likely a financial impossibility, ask that these firms put specific procedures in place for working with other assistants who are less busy when certain assistants are overwhelmed.

The Bottom Line

Bottom line – associates want to know that they are appreciated! Show that you care about them, provide them with a little extra help and some free food and they will likely reward your responsiveness with the billable hours you are seeking. If firms implemented only one or two of the above suggestions, they will go a long way in improving not only associates’ perceptions of their life/work balance, but also the quality of their work.

Alexis Reed, Esq. is the Attorney Search Director in Special Counsel’s Chicago Office.

Guidelines for a Successful New Hire

Bringing a new employee on board with your organization can be both exciting and challenging. It is critical that you have a plan in place to help facilitate a smooth transition for the new hire by making her feel a part of the team from the first day.  Failure to welcome a new employee into the fold can be disastrous and could result in her tendering resignation only days, weeks, or months after accepting an offer of employment. In this situation, the most obvious question is whether there was anything that either the department managing this employee or the recruiter who placed the candidate could have done differently to prevent the resignation. Generally, the placing recruiter will stay in contact with both the newly placed employee and the employer for several weeks, if not months, after the employee has joined the new organization. The recruiter endeavors to ensure a smooth transition for the employee into the firm by communicating any concerns between the parties. Additionally, after polling numerous placed candidates, we have developed a series of guidelines for employers to consider in helping to facilitate a seamless transition for new hires joining their organizations. The goal is to create an environment in which the new hires are pleased to make your organization their “home” for the foreseeable future.

DO Prepare for the First Day.

While this piece of advice may appear trivial, being prepared for your new hire’s first day can go a long way in starting the employment relationship off on a positive note. Not having a workspace complete with a functional computer or other office necessities only leaves the impression that the office is either disorganized or that the new employee’s arrival is not a priority for the firm. Have an agenda and an action plan for the employee’s first day and be actively involved in your new hire’s first day. Arrange for several peers to take the new employee to lunch and provide a tour of the office. An office tour is useful to assist the new hire in getting acquainted with key areas of the firm including the supply room, IT area, designated kitchens or break rooms, bathroom facilities and management offices. Making the new hire’s first day a welcoming experience will ease her transition and send the impression that her decision to join the firm is valued.

DO Provide New Hire Orientation.

While the content of new hire orientation will vary, there are certain basic areas that should be covered either during the first day or the new hire’s first week. In addition to an office tour, arrange brief “meet and greets” with the office staff to help ensure that, at the very least, the new hire is recognized by others in the office and that colleagues understand the new hire’s role in the department and firm. Assign a mentor to the new employee to help guide her on both office policies and procedures and substantive assignments. A mentor will provide the new employee with a confidante to whom she can turn with questions and concerns.

DO Set Realistic Expectations.

Set expectations for the candidate during the screening and interview process so that the new hire can anticipate what she will encounter upon joining your organization. From time to time, we have heard such phrases as, “The job just wasn’t what I thought it would be” from candidates who have been dissatisfied with their new positions. These scenarios are completely preventable. As an example, at the outset of joining a firm, a new lateral attorney may feel overwhelmed by the volume of document review projects and her inability to take on more interesting substantive assignments. If it is your general policy to assign new hires to this type of work upon starting with your firm, advise the new hire as such. If the new hire knows what to expect day one, but can anticipate the type of substantive assignments that will come in the future, you won’t run the risk of a high dissatisfaction level. Another example might be a disheartened paralegal who feels underutilized if she is relegated solely to administrative tasks such as standing at the reprographics machine for hours on end. While all employees have to endure administrative, less interesting tasks, keep in mind the balance of substantive verses administrative work to which your new hires are assigned. Outline the expectations and challenges of the position and what the employee can anticipate down the line. Be cognizant of the fact that dissatisfied new hires may begin accepting interview invitations from competing firms.  

Additionally, recognizing the challenges of a new job, make sure that your new hire is set up for success. Guide your new employee as to how her supervisors prefer assignments completed. Outline expectations and provide helpful hints on how to best impress managers and colleagues. Warn the candidate about the styles, personalities and idiosyncrasies within the department and the firm as a whole. Your goal is to prepare the new employee for any challenges she might encounter and how to overcome them. You do not want to risk the candidate feeling as though she has failed the firm. 

DO Provide Frequent Feedback. 

While the ability to work with limited super-vision is highly desirable, a new hire may need extra guidance during her first few weeks on the job. It is important to provide both positive and constructive feedback. Commend the new hire on jobs well done, but be understanding if the new employee is not following policies and procedures as quickly as expected. It may take some time for a new hire to become accustomed to new systems if the procedures differ greatly from those of her previous employers. Provide a clear understanding of how her performance and adherence to firm policies will affect others in the firm. Clear communication is essential to ensure a successful transition into the firm. Most unfortunate is the situation where a new employee is released without ever understanding exactly what had gone wrong or, in the alternative, a new employee leaves on her own volition due to miscommunication of expectations.

DO Provide Harassment Training. 

Although rare, on occasion, placed candidates have come to us after abruptly leaving a position because they felt uncomfortable or unsafe in the work-place. Diversity and Sexual Harassment Training should be provided to all of your employees along with clear procedures for reporting violations. Do remember that your new hires, with limited social support or awareness of office policies, may be the most vulnerable to these infractions. A neutral contact outside of a new hire’s department should be designated in the event that either a supervisor or a tenured employee is responsible for the harassment. Management should also be aware of the personalities of their team and put an end to inappropriate conversations, jokes, and verbiage that can be found demoralizing and demeaning to others.

It is always disheartening to lose staff who you have worked so hard to hire. Therefore, ensure that you provide your new employees with the right degree of support, information and challenge at the outset of joining your firm. Dedicate the appropriate resources to make your new hires comfortable and bring them into the firm’s culture as quickly as possible. Simply take care of your new employees and help them develop loyalties and relationships within the firm. While there are times when a new employee just is not the right fit for a position for which they were hired, careful screening, training and preparedness can help minimize the risk of your new hire leaving during the pivotal transition period.

Nick Marsilio, Esq. is the Business Development Director in Special Counsel’s San Francisco Office.

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