Make More Rain : technology, hr

Media and Communication Training Increases Law Firm Income

Admin — Tue, 03 Apr 2007 16:51:25 GMT

I’ve mentioned the Pincus Group in a previous post titled Communications and Presentation Skills for the Attorney. They are a communications and media training company. I’m sure there are others out there as well. However, I have worked with the Pincus Group and seen their results. You need to know about them and organizations like theirs. Why? Because, effective communication is the essential ingredient for individual and organizational success. Why would you wing something so important to success when there is an alternative—professional media and communication training?

Most of us think of public speaking when the topic of communication skills comes up. Public speaking is important, and doing so can pay off for the attorney and the law firm, but only if you’re good at it. You can be with training. But public speaking is just a side issue. We spend our day communicating. Yet, developing your message and staying on message aren’t natural skills. Communication is the key to persuasion and relationship development. We develop new business through communications. We recruit new talent through communication. We develop our relationship with clients through communications. We win victories and settle disputes around conference tables and in court through our communication skills.

You can’t get elected for office unless your craft the right message and then stay on message. That skill is no less important for the law firm leader or working attorney. Without training, there is a vicious pitfall just waiting for you—the reporter. Without professional training, you will not be a happy camper later when reading the reporter’s story.

Providing the law firm’s players with professional media and communication training is an income-enhancing move for the law firm. It will improve rainmaking and client satisfaction. It will improve the results you achieve as a lawyer. It will kick the law firm’s reputation up another notch!

The Pincus Group is located in D.C., but they will do group training for your law firm anywhere that's convenient for you. Sessions are customized for individual needs but all involve interactive practice with Pincus’ seasoned coaches. Your team learns by doing, enhancing skills with videotaped exercises specifically designed for them. Training sessions can be tailored for half-day, full-day or two-day sessions.

In addition to training for your own law firm, consider your firm’s clients. As their trusted advisor, you may have business executives among your clients for whom media training would make an important difference to the success of the business or the venture being pursued with your assistance. Such training is especially important for businesses seeking investment funds or considering a public offering.

For more information, visit thePincus web site or call Aileen Pincus at 301/938-690 or reach her by e-mail at apincus@thepincusgroup.com.

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income, go to www.Juris.com.

Law Firm Scheduling, Is Continuity Good or Bad?

Admin — Wed, 21 Mar 2007 17:54:18 GMT

In responding to a question, David Maister wrote the following:

“Ultimately, clients care about quality, efficiency and service - continuity is just a short-hand rule-of-thumb to try to get to these things. If you can be more thoughtful about how you achieve these things, they will give you more leeway in pursuing your other goals and won't insist on always seeing the same faces. And, with more thoughtful staffing, you'll be able to improve leverage, profits, learning and morale.”

The work one gets determines the future of the individual attorney. Give them limited exposure, the same old stuff or the same clients year after year, and you will neglect the full opportunity to enhance the value and potential of the attorney. You are likely to lose them to someone who they think is more concerned about their professional development. It is over the professional development issue that most associates switch firms.

The problem appears to be a general lack of centralized schedule management in midrange law firms. Someone other than each individual partner needs to manage firm-wide scheduling. An alternative is needed to the frequently seen model where work is doled out by partners to “their associates” or “their favorite associates.” There has to be a counterweight to the easy and expedient “continuity” method that leaves associates stuck working with the same partner, same client, and/or on the same style matter.

For an enterprise whose factory floor is composed of talented people rather than machines, it is surprising that more technology is not available and used for managing the maintenance (professional development) and scheduling of the firm’s production resources (its professional talent). This is one of the areas of future product development that the Juris team has been considering. Technology is one thing; having a culture that makes scheduling a strategic issue must come first. How do you have the best people and the best future leaders without making their development a priority? How can you do that if scheduling is not a key tactic in that pursuit?

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income, go to www.Juris.com.

Performance Evaluation of Law Firm Associates

Admin — Fri, 15 Dec 2006 19:36:31 GMT

While mega firms have sufficient access to the talent pool to pursue their “move up or out” model for associates, midsized firms have a greater need to retain and develop their younger attorneys. This means there is need for constructive rather than destructive performance evaluations to guide the associate’s development as a well-rounded attorney.

Unfortunately, doing performance evaluations doesn’t come easy for most midsized law firm partners. It is one thing to express your opinion to other partners about a given associate’s performance. It is another thing to give helpful counseling to the individual with an objective of enhancing their career prospects.

One helpful tool is the man/woman job overlay. Take a standard letter-size sheet of paper to represent the job—the traits and skills required for a fully competent incumbent individual such as:

Professional Competencies

Writing skills

Work Ethic

Interpersonal Skills

Client Relations

Client Management

Business Development

Compliance with firm policies and procedures

Overlay a second sheet of paper representing the associate’s performance. Explain that the associate‘s current performance fulfills that portion of the job obligations covered by the second sheet of paper. It is only the uncovered portion that represents the improvement needed to completely fulfill the expectations of their current position, or the position to which they hope to move.

The overlay will cover most of the original sheet of paper, emphasizing that only small changes are needed to round out performance. The discussion can focus on the positive steps that need to be taken by the individual being evaluated.

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income, go to www.Juris.com

Law Firms are Adding Alternatives to Partnership

Admin — Fri, 01 Dec 2006 19:18:19 GMT

If you don’t keep up with the other side of the pond, you may be unaware of the growing movement to offer career alternatives other than partnership—or, as an additional step, lengthening the time required to become a partner.

The November 20 issues of The Lawyer.com reported that London-based Berwin Leighton Paisner (BLP) will now offer 'Associate Director' positions as an alternative to partnership. BLP has 600 attorneys and 170 partners. According to the The Lawyer.com, the new associate directors will be tied to the firm's profitability but without a direct share in the equity. BLP emphasizes that associate directors, while continuing their role as lawyers, assume a management role in one or more of the following areas: operational, client relationship, people development, know-how and training, or financial management.

I’m not crazy about the title ‘Associate Director;’ it feels a little too British for me. But I have to say that once we have taken the step to identify the law firm as a legal service business, the partnership model begins to look outdated and cumbersome. It limits growth, impedes survivability, and imposes a high price for success on those who must admit new members to the top.

While the U.S. is not ready to separate law firm ownership from those in the profession, law firms would do well to find a way to separate career success from the rights and obligations of ownership.

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income, go to www.Juris.com.

So What Is a "Flexible Schedule" Anyway?????

Admin — Fri, 17 Nov 2006 19:11:00 GMT

By: Guest author Janet Strevel Hayes

I have heard the question a million times - usually from another lawyer poking fun at the politically correct terminology. “Isn’t “flexible schedule” just a politically correct way of saying ‘part time’?” Hmmmm, I struggle to find the appropriate response. After all, most lawyers working a “flexible schedule” are working fewer hours and receiving less pay than their peers. Thus, it would stand to reason that they are “part timers.”

However, in my mind, “part time” conjures an image of a lawyer working specified hours, doing routine tasks until he clocks out, at which point the doors to the office and the courtroom are sealed shut while the lawyer disappears into his own world of personal oblivion until time to show up for the next appointed shift at the firm. While that may be the reality of some “part time” jobs, that is not an appropriate representation of flexible scheduling for lawyers.

Instead, “flexible scheduling” is, as the name suggests, a working relationship wherein the lawyer and the firm both agree to be very flexible in the work arrangement. In some senses, the flexible schedule is the epitome of professionalism in that the lawyer’s focus is on meeting the needs of clients rather than fulfilling a firm’s office hours requirement. The firm expects the lawyer to meet the needs of the clients and meet certain business expectations, then the firm allows the lawyer to determine how and when to best accomplish those tasks.

At its core, “flexible scheduling” seems to be this generation’s best effort to retain women in the legal profession. For years, women have struggled to find a role in the law. Initially, women fought to gain entrance into law school. Then many women who were stars in their law school classes were excluded from jobs within the profession. Now, the opportunities for women to work in the law abound. However, in many cases, it seems that we still struggle. There are some women who are able to continually dazzle jurors with brilliant stories in the daytime and sooth children with magical stories at bedtime. But for many of us, it has been difficult to soar as legal eagles once we become grounded with parenting responsibilities.

“Flexible Scheduling” is a solution offered by some law firms. While the model and method of implementation differs from firm to firm, the basic tenants of flexible scheduling are the same. First, flexible scheduling allows women to work from home. In our world of voicemail, e-mail, handheld wireless and laptops, we have all grown accustomed to working in remote locations. We work in hotels, on planes and in cabs, so why not work from home? Modern technology enables the lawyer working a “flex schedule” to stay at home and stay connected to clients and the office.

Another characteristic of flex scheduling is the ability to work varied hours. I’ve never met a successful attorney who worked nine-to-five. For years we have known that the law sometimes demands weird hours. The attorney working a flexible schedule works during the times when family needs can be met by a spouse or other caregiver. Sometimes that means writing briefs on Saturday nights and sometimes that means meeting with clients in the evening. In all cases, it means working at some times when most other people are not in exchange for being able to stay at home when most others are at work.

Finally, almost all “flexible schedule” models contemplate working fewer hours for some season of a lawyer’s life. At least one hiring partner at a large firm has joked that his “flex schedule” attorneys are a boon for the firm because they end up doing 100% of the work for 80% of the pay. However, most agree that committing to a flex schedule without committing to handle fewer cases is inviting failure for everyone. Some attorneys accomplish this workload reduction by utilizing associates or peers, others limit their practice to a select group of clients and others commit to working in support roles for other lawyers. Of course, the flex time lawyer should expect to pay a price for the reduced workload. The price tag may come in the form of less pay, missed opportunity for promotion, and/or limited potential for growth.

For most, flexible scheduling is not necessary and for many it is not worth the cost. However, for a few, like me, it is a fabulous opportunity. I have worked a flexible schedule for almost four years. Unfortunately, it has not proven to be the secret solution to the working mom’s eternal dilemma. (When I’m at home, I still worry about clients and cases. When I am at work, I still worry about childcare and children’s activities.) However, I am sane (mostly) and very happy. In the last four years, I have savored special mornings snuggling with my son and spending time helping with my daughter’s class at school - things I would have missed had I been obligated to be at the office. I have also savored the thrill of courtroom argument and enjoyed the accomplishment that comes with having a case against my client dismissed – things I would have missed had I given up my practice.

So call it what you want, “flex scheduling,” “reduced workload,” gee I don’t even care if you call it “part time.” For me, it has simply been a gift – a wonderful opportunity that my partners have given me to continue to shine for the clients who call me counselor while savoring precious moments with the angels who call me mom!

About the author: Knoxville Tennessee attorney Janet Hayes with Lewis King Krieg & Waldrop, PC, litigates a variety of civil defense cases in the state and federal courts of Tennessee. Her practice focuses primarily on the defense of employment-related claims, including workers' compensation, retaliatory discharge, sexual harassment, and discrimination. Ms. Hayes also writes and compiles advisory literature concerning new developments in Tennessee Law. Her most recent works include an Employer's Guide to the Law of Tennessee Workers' Compensation, An Overview of Sexual Harassment, Employer Drug Testing in Tennessee, and Employer's Guide to the Family and Medical Leave Act. Ms Hays article first appeared in the November 2006 dicta, the official publication of the Knoxville Bar Association.

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income, go to www.Juris.com.

Terminating a Law Firm Associate

Admin — Fri, 03 Nov 2006 18:22:00 GMT

I take a bit of exception to Ed Poll’s post on How To Fire An Associate.

I do agree about the need for a termination policy and, as I wrote in the earlier post Law Firm Security Risk from Within, there are important security considerations any time someone leaves the firm. The steps related to a departing attorney or employee should be clearly spelled out. Responsibility for overseeing the implementation of those steps in a timely fashion must be clearly assigned with responsible reporting and oversight in place. This is too important to be handled in a casual fashion—it is not personal; it is strictly business.

There are clearly situations that call for Ed’s step-by-step scenario that concludes with the terminated individual being “escorted away from the premises!” However, if things have reached that point, there has usually been a management failure within the law firm.

Rest assured that the firm escorting that person away from the premises now has an enemy on the outside. You don’t need any more enemies than absolutely necessary. You need more alumni proud to list the firm on their résumé. You need friends and sponsors who will send you business, not cost you business.

Moving underperformers out of the firm is essential. A prerequisite for doing it right is a culture that fosters the concept that the inability to succeed in a particular place in a particular job doesn’t mean that the same individual could not be a success elsewhere. When hiring an individual, you had to try to answer three important questions:

Can they do the job?

Will they do the job?

Can they and will they in this environment with these people?

The "in this environment with these people" question is the toughest part. You do a disservice to the individual and to others by continuing employment of someone who is not succeeding in “this environment with these people." However, when you send someone into the job market as a terminated employee, you have placed them at a great disadvantage. You should make sure they, not you, are the cause. You hired them, and they deserve the opportunity to move to a new environment with different people where they can have an opportunity to succeed.

Termination is failure on the part of both parties. The best way to correct a hiring mistake is to counsel the individual out of the organization. Treated with dignity, that individual can be retained as a friend and alumni.

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income, go to www.Juris.com.

Handling Underperformers in the Law Firm

Admin — Fri, 20 Oct 2006 17:30:15 GMT

I was going through some of the blog posts in my clippings folder when I ran across How to Kill Staff Moral and Waste Money Too. The post deals with underperformers and makes the following recommendation:.

Don’t allow poor performers to linger at your firm. Inevitably it will cost you money in ways you don’t anticipate. And it will make your office environment more unpleasant day by day. Law firm life can be stressful enough. Don’t make it worse when you can avoid it.

But my favorite quote from the article is this one: “I have often stated that I have rarely heard a statement from someone indicating that they fired someone too quickly.”

Most businesses and law firms never develop a structure or process for moving underperformers out. I have always taken the position that the failure of one to succeed in “this environment with these people” does not mean that he or she will fail elsewhere—in another environment with other people. The individual being counseled deserves to be treated with dignity. Keep in mind that this individual may become a client or even an in-law.

The process I have followed for most of my career is referred to as the “Three Step Termination.” It would be more politically correct if we called it something else—the “Three Step Process,” for example. Unfortunately, termination is the most frequent outcome; however, the process has saved individuals who go on to be outstanding contributors.

Agree that there is a problem. If there is no agreement as to the problem, go to step three.
Agree on a plan to address the problem and agree on the consequences if the plan isn’t followed. If there is no agreement, go to step three.
Terminate the individual.

The post How to Kill Staff Moral and Waste Money Too describes the low performer this way:

You know who they are, the employees with the ‘entitlement’ mentality who are quick to complain, no matter what your firm does to appease them. They will request or even demand assistance of others, but always find an excuse if someone else asks for reciprocity. They will do what is asked of them, but never volunteer to do anything beyond. Even if a need is glaringly obvious and right under their nose, they will not voluntarily lift a hand to benefit the firm unless it is in their job description.

The article provides the following list of likely underperformer attributes:

Negative attitude
Stirs up trouble
Blames others
Lacks initiative
Selfishness
Non team player
Incompetence

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income, go to www.Juris.com

How Old Are Your Law Firm's Partners?

Admin — Tue, 10 Oct 2006 18:11:25 GMT

Ellen Freedman’s (with Freedman Consulting, Inc.) paper, Preparing to Say Goodbye To The Baby Boomers, is a wake-up call for midsized law firms.

She opens her six-page paper with this paragraph:

I didn’t want to scare anyone with a title which read “Baby Boomers Dropping Like Flies” because that has more serious connotations. But the reality is that the Boomer generation is slowly beginning to depart law firms; either through death, disability, early retirement, or beginning the process of scaling back. And the trend just beginning will accelerate sharply in the coming years.

If your firm is like many midsized law firms, your partners are clustered around the same 10- to 15-year age group, and more than half are probably on the high side of 55. Does the firm have the talent in place for the needed change of the guard? Do existing agreements provide for unfunded, back-breaking, continuing payments to retired partners that may lead to exodus from the firm or its dissolution?

It isn’t too late to deal with this demographic storm, but there isn’t much time left. Retirement, disability, and scaling back aren’t always planned. Planned on not, they come with an aging partner population. Never underestimate the likelihood that unexpected medical problems of the partner or within their family will force retirement earlier than expected.

Ellen Freedman’s comprehensive paper covers many of the issues that law firms address for long-term continuity. If her description of the baby boomer problem applies to your firm, you may want to also read my post dealing with law firm continuity and the dollars and cents for adding new partners and retiring existing partners.

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income, go to www.Juris.com.

A Fresh Take on the Work/Life Issue in Law Firms

Admin — Wed, 20 Sep 2006 17:09:36 GMT

Stephanie West Allen is a very clever lady, lawyer, author, trainer, etc. Her blog idealawg is both insightful and recreational. Back in May of this year, she took a look at the work/life balance issue and found it off-key. For a fresh look at this politically hot issue, read Allen’s post Hot Worms and Workaholics: Let the Workers Be!

She found a way to make a point that I struggled to communicate in my earlier post, Law Firm Culture and the Work/Life Issue:

It isn't more "balance" that is needed, but more flexibility in accommodating lawyers with different "balancing acts" in their daily lives.

Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income, go to www.Juris.com.