Leadership, Attorney/Staff Relations
and Simplified Action Planning

It's easy to talk about our desires to be excellent leaders within our offices and about our plans to reach our goals -- turning those aspirations and good intentions into reality is the real challenge considering our 90 m.p.h. worlds. Just surviving one day at a time seems to be a worthy accomplishment and unfortunately in the midst of the chaos many of our goals remain aspirations and our stress levels soar while our morale plummets.

The point of this chapter is to give you a brief overview of three areas that are usually found to be needing attention in offices where goals remain unachieved year after year, stress remains way too high and morale way too low. These three areas -- leadership, attorney/staff relations and strategic planning -- are by no means an all-inclusive list, but they are almost always issues in firms that are struggling to find permanent solutions to the stress and strain of a practice that is not living up to its potential and whose "crew" is stressed to the max and struggling more days than not to maintain a positive morale.

LEADERSHIP

Many times we appoint leaders for our firms who are "in name only" leaders. These folks like the title but not all of the responsibilities that a true leader must bear. Sometimes it's just easier to put our heads in the sand than it is to face the anguish and exhaustion of making tough decisions (e.g. terminating unsatisfactory employees, etc.). Unfortunately the "costs" of not facing the music are high and include such losses as lower productivity, increased malpractice risks and poor office morale.

Many good articles and books have been written about leadership (see appendix for Dietal's list of 100 recommended leadership books) and I encourage you to do your own reading about what leadership is and about proven successful leaders. For the purpose of this article, we will address only a few issues surrounding this critical but huge subject matter.

Leaders vs. Managers

First, leadership and management are different concepts. A manager oversees and handles the day-to-day issues that must be addressed in order to carry out the firm's objectives (e.g. personnel issues, financial reports, computers and other technology, keeping up with and ordering office supplies, etc.). A firm's leader plays the role of visionary, change master, motivator and final decision-maker for an office. If they try to take on the manager's role as well, they risk spreading themselves too thin for one thing along with the risk of
putting off leadership-type of things they need to be doing for the long term welfare of the firm. This includes those matters that only a firm's leadership can do (e.g. adopting short and long term action plans for the firm, developing a constructive and realistic marketing plan, effective delegation,etc.).

Yesterday vs. Today's Attorney

It is indeed much more of a challenge to be a leader in today's fast-changing legal environment. It wasn't that long ago when one of the biggest challenges facing firm leaders was how to divide the pie fairly. Today, we have a wider diversity among lawyers who are practicing together including:

• a higher numbers of female attorneys
• older lawyers who feel you can't be a "real" lawyer unless you put in eighty plus hours a week and younger lawyers who insist on hanging onto a decent quality of life
• older lawyers who are not ready to retire but whose younger partners feel they should be senior lawyers who seem not to care what happens to the firm when they retire or what kind of legacy they will be leaving behind them (e.g. they put off dealing with succession planning issues; they continue to horde their clients instead of helping to build a good bridge between their clients and the firm's younger attorneys, etc.)

In addition attorneys going into our new millennium have issues to deal with that yesterday's lawyers did not. Some of those things include:

• increased competition – externally & internally
  
• increased need for lawyer attention to the business aspects of practice
  
• today's buyer’s market
  
• increased client expectations and demands for immediate turnaround
  
• decreased loyalty from firms to employees
  
• decreased loyalty from employees to their firms
  
• a cancerous growth of "me-only" attitudes instead of team spirited attitudes and actions
  

A Look in the Mirror

We're all pretty good about thinking we know how others could improve their personal interaction, communication and leadership skills. When, however, was the last time you took a good look in the mirror at your strengths and weaknesses? It's a good idea to stop your world long enough (at least once a year) to do at least a mini-self audit regarding your leadership skills. A few sample questions you may ask yourself in order to decide what you need to keep on doing and what you need to change include:

• Do I have a realistic long-term plan/vision for my firm and has it been communicated clearly to all employees?
• Do I set examples with my habits and behavior that are consistent with what I preach and demand from others?
• Do I do a good job at keeping employees motivated?
  
• Do I adapt to change well and enthusiastically or do I cling hopelessly
  to worn out systems and traditions?
• If I left the firm today, what words would describe me as a leadership -- honest, fair, enthusiastic, good listener, organized, good communicator, etc.?
• If I left the firm today, would I be leaving it with a good, realistic and "doable" plan for its future growth and prosperity?

Staying Motivated and Motivating the Troops

If you are truly happy with what you do then it will radiate to all those with whom you work. If you are fighting burn-out, unsatisfied with the practice of law and more frustrated than not with most your clients then this too will be felt by your peers and staff and such feelings can be highly contagious to say the least. Motivating others is not as difficult as it may seem when we are truly in touch with the pros and cons of our own work assuming, of course, the positives outweigh the negatives. If this is not the case, motivating others is next to impossible because our actions do indeed speak so much louder than our words. A few other suggestions are mentioned below.

Make sure you have clear rules and procedures within your office and that they are enforced consistently and fairly. Nothing lowers morale quicker than attorneys within a firm having different rules and privileges for certain employees (e.g. an attorney who allows his/her assistant to consistently come to work late without repercussion while other staff members are expected to come in on time). This does not sit well with those who make the effort (and in many cases, special arrangements such as child care), to reach the office at the designated starting time each day.

There's an old saying, "When I'm right who remembers and when I'm wrong who forgets?!? Make sure that when constructive criticism is needed that it is given in private. Likewise, make sure that you give praise openly when deserved -- a simple thank you goes a long, long way and is all too often forgotten in the shuffle of your many to do's on any given day.

Resolve any underlying tensions among the partners or shareholders. I often hear attorneys say that no one else in the firm knows they have an unresolved "issue" with one of their partners. Not so! While others in the firm may not know just what the "issue" is, they do indeed sense, see and suffer from the tensions emitted by feuding attorneys. We humans will always have our differences and opinions, but we should practice good common sense to deal head on with any such disputes so that we can move on with life in a positive manner. To put our heads in the sand only enlarges the problem whatever it may be and sends out the wrong message to everyone else (e.g. it gives "permission" to the firm's staff to act in the same child-like manner of ignoring their differences and holding long-time and destructive grudges).

One last thing I want to at least mention before moving on to the next topic is perhaps the most important. Take care of yourself! We all know that without our good health, nothing else matters and yet, it seems like we continue putting ourselves last when it comes to healthy diets, time off and exercise. While common sense "ain't" always so common, it just makes good old common sense to take better care of ourselves and to encourage all those with whom we work to do the same. And yet, just the opposite happens all too often in today's firm. Not only do some folks not plan for and take the time to get a break from the office, they try (and unfortunately usually succeed) to make their associates and staff feel guilty for any sick or vacation days taken. Attorneys who act that way are shooting themselves in the foot because the best employees any of us can have on board are those who takes care of themselves and feel like they have and can maintain a healthy balance between their personal and professional lives.

ATTORNEY/STAFF RELATIONS

Hidden Dangers

A burglar broke into a house late at night. Cautiously he made his way through the pitch-black rooms. Suddenly he heard an ominous voice in the darkness - "[Mother] is watching you." Startled, the burglar stopped for a moment, then hearing nothing more, he continued. After several seconds, again he heard the voice, "[Mother] is watching you." The burglar stopped in his tracks, turned on his flashlight and in the corner of the room he saw a parrot sitting on a perch. With his light shining on the parrot, once again the bird warned, "[Mother] is watching you." The now unafraid and even disdainful burglar said, sarcastically to the parrot, "Can't you say anything else?" At which point, the burglar's flashlight picked up the outline of a ferocious Doberman Pincer standing next to the parrot's perch, as the parrot replied, "Sic 'em, [Mother]!"

(Source: The Executive Speechwriter
Newsletter, St. Johnsbury, Vermont)

Just as the burglar was surprised by the Doberman in the dark corner, attorneys are often stunned when they receive a highly valued employee’s unexpected resignation. In many cases, the departing staff member had sent out warning signals (i.e. more requests for time off, diminished office morale, signs of exhaustion from a demanding and overwhelming workload, etc.), but the responsible attorneys either failed to investigate or, worse, they did not take the "warnings" seriously enough. The risks of such surprises, however, can be significantly lessened when attorneys:

1. promote and ensure open, honest and constructive communication with their staff members; and when they
   
2. treat each employee as an appreciated, vital and respected member of the firm.
   

Likewise, staff members help ensure better attorney/staff relations when they:

1. disclose and handle attorney/staff problems forthright and professionally rather than destructive moaning and groaning sneakily behind others’ backs; and when they
   
2. work as good team players with the firm’s best interests at heart.
   

The Lawyer’s Role in Ensuring Good Attorney/Staff Relations

The outline below offers some guidelines for attorneys in their efforts towards establishing and maintaining good working relationships with their support staff. It is not intended as an all-inclusive listing, but rather as at least a partial checklist for use in reviewing the strengths and weaknesses of attorney/staff relations within one’s firm.

• the ins and outs of their job responsibilities and duties (written job descriptions should be created, given to every employee and revised on a timely basis when duties change)
• the Rules of Professional Conduct (each employee should be required to read the Rules and sufficient opportunities should be made available for answering their questions about the rules);
• any available articles or other publications on guidelines for training supervising and working with support staff;
• to understand and be able to distinguish what is and what is not the offering of legal advice (i.e. they may explain legal processes to clients, but they may not:
  
  (a) advise clients regarding their rights and duties in relation to another;
  (b) represent clients in court; and select what legal documents are appropriate for a client’s legal situation.
  
  
• the firm’s office and risk management policies and systems (i.e. docket/calendaring control, conflicts of interest system, file management, firm security, documentation essentials, the proper use of checklists, all software programs used, telephone procedures, etc.)
• the absolute requirement that all client matters are to be kept strictly confidential, both inside and outside the law firm (have employees sign a firm confidentiality form which documents supervisor-employee discussions about safeguarding confidential client information and the employee’s promise to honor or his or her understanding that a breach of confidentiality may result in immediate dismissal).
• the importance of excellent client relations and set a continuous good example by returning telephone calls promptly, keeping clients regularly informed, being on time for appointments, etc.
  

2. Provide regular feedback to assistants regarding the quality of their work (regular staff meetings, work evaluation sessions more than once a year, etc.)

3. Encourage membership in legal assistant associations.

4. Encourage and provide financial assistance for continuing education opportunities.

Include within your firm’s library (or advise assistants of where to find) and encourage them To read relevant texts on ethics, malpractice prevention, relevant areas of law, etc.

Provide a positive work environment being ever mindful of the responsibilities of and pressures under which staff members work.

Avoid too-busy-for-you, better-than-you and/or otherwise arrogant attitudes which promote low office morale, disloyalty and costly mistakes

Have and share a good sense of humor!

Be perceptive to signs of staff disgruntlement, conflicts or other problems (i.e. poor stress management) impairing the quality and efficiency of work (provide non-retaliatory procedures for the reporting of suspected substance abuse, ethical violations, etc.)

Respect your staff and thank them often for their contributions and jobs well done

The Staff’s Role In Ensuring Good Attorney/Staff Relations

The members of an office’s staff wear multiple "hats" and play integral roles within a law practice. They assist with administrative and clerical tasks, marketing, the promotion of good client relations, the avoidance of malpractice, the handling of client complaints and the spotting of potential conflicts of interest. A complete listing of staff contributions to a firm would be much too long to list within the confines of this article. In a nutshell, a firm’s success is highly dependent on its staff. Likewise, the good health and well-being of attorney/staff relations is dependent upon staff members doing their part to promote a positive working environment. A few guidelines for law firm employees are listed below.

1. Seek out and welcome educational opportunities
2. Share personal knowledge and experiences that can benefit the firm
3. Be aware and empathetic of the attorneys’ mammoth pressures and responsibilities owed to clients, the firm and the legal system
4. Avoid office gossip like the plague (the law firm is not the place for popularity contests or destructive mudslinging rumors)
5. Keep communications open with attorneys and co-staff members (in addition to raising matters of concern, propose possible solutions)
6. Join legal associations
7. Know the firm’s risk management policies and systems, understand them, respect them, use them and offer suggestions for improving them
8. Avoid it-ain’t-my-law-license, it-ain’t-my-job, I’m-just-here-for-a-paycheck and other unprofessional and harmful attitudes
9. Maintain a good sense of humor, a good balance between your professional and personal lives and a positive attitude
10. Respect the firm’s attorneys and other staff members, acknowledge theircontributions and express your appreciation for their assistance, guidance and support

Successful Attorney/Staff Relations Is Everyone’s Responsibility

While successful attorney/staff relations is dependent on many factors, the bottom line in maintaining excellent attorney/staff relations can perhaps be summed up in just a few words – respect for each other and effective communications. If attorneys and staff genuinely show respect for each other and each other’s job responsibilities (whether practicing law or sorting mail) and they work hard to communicate clearly and effectively, most of the other essential elements of good employer/employee relations will naturally fall into place. As mentioned above in regard to one's leadership skills, conducting an occasional mini self-audit will help attorneys and staff stay in better touch with how they are doing as managers, leaders and support staff. (see the Staff Management for attorneys and Staff Professionalism for staff self-audits in the
appendix)

Everyone within a law firm, regardless of title or seniority, is responsible for building and maintaining healthy, respectful and productive attorney/staff relations. Of course, when the firm's leaders don’t' set a good example the ripple effect amongst everyone else within the firm can be devastating. When, however, everyone takes this responsibility to heart and puts it into actual practice, it is a win-win situation for everyone including our clients. Better still, the risks of experiencing the harmful effects of those "hidden dangers" lurking within a law office (e.g. stressful and ineffective communications, sudden and harmful resignations, etc.) will be greatly reduced.

SIMPLIFIED STRATEGIC PLANNING & GOAL SETTING

More often than not our list of desired objectives or goals remains just that -- a list instead of goals instead of a list of accomplishments. Our intentions may be good and determined, but life has a way of hitting us with so many unplanned events that it seems we struggle just to put out the unexpected "fires." This leaves most people with little time for reaching their preferred objectives.

Based on my years both as a law office manager, a practicing attorney and the last nine as a legal management consultant, the following three things seem to be critical if we want to increase the odds of successfully reaching our goals:

• Making a written list of our objectives
• Mapping out step by step what needs to be done by who and by when to achieve each goal
• Monitoring your progress and holding yourself and others accountable todo what you and they have agreed and committed to do

The simpler the format used the better. While some firms pay lots of money to have complex and voluminous strategic plans prepared, most of those plans sit unread and, therefore, of no use to anyone. We may have good intentions of plowing through such a plan but somehow that day or two we intended to set aside just never seems to come. And yet, when strategic plans are written in a simpler and shorter manner, firm members are much more apt to review them often to assist in monitoring their progress or lack thereof! A sample of one possible simplistic format is included in the appendix. Your firm would also benefit from reading easy to read books on planning and marketing for lawyers.

In closing, ask yourself these questions:

• Are employee bickering, low morale and/or low productivity driving you batty?
• Are you tired of failing to accomplish your preferred goals year after year?
• Do you feel you could be a more effective leader? Manager?
• If you were a staff member in your firm, would you like someone like yourself to be your supervisor? Why or why not?
• Are you in control of your work or is it in control of you?

This article has hardly scratched the surface when it comes to thoroughly discussing the issues raised . It is hoped, however, that you have gotten some food for thought in your efforts to strengthen and improve your practice and quality of life. Unfortunately, there are no magic wands as most worthwhile changes and improvements take good hearted effort and time to come to full fruition. Fortunately, however, by committing to work on improving your leadership and communication skills, your attorney/staff relations and your strategic planning methods, you can indeed make many positive changes for your firms and yourselves. And it should be noted that by tackling these issues with zest and determination, you will be doing your part to prove that a well organized, successful and effective firm leader is <i>not</i> an oxymoron. Effective and successful firm leadership does indeed exist in many fine firms across our great nation, both large and small. Hopefully, you are or soon will be seen as an effective law firm leader which means you, too, will enjoy all the benefits and success stories that can't help but follow!

Nancy has written on many other topics through the years for many seminars, office retreats, workshops and publications.  If you are looking for a topic not listed on this page, please let us know what topics are of interest to you.  If Nancy has written on the subject, we will be glad to share a copy with you.  A few more articles by Nancy are listed below:

Lawyers Get Away from it All in the North Carolina Mountains

Leadership, Attorney-Staff Relations
& Simplified Action Planning

The Link Between Chronic Office Chaos, Stress, Depression & Substance Abuse

Take Time to Recharge Your Stress
Management Batteries