Risk Management

Help Wanted: Law Firm Risk Manager

By Ann Massie Nelson

Open the Sunday classifieds to the help wanted section and you will see it's a job seeker's market. Signing bonuses, generous benefits and promises of good pay, advancement, and a fun work environment are increasingly common as employers try to tempt workers to join their team. With the state unemployment rate averaging 2 percent, the smaller law firm looking for a sharp assistant is hard pressed to compete.

The composition of the labor pool is changing as well. "No one wants to grow up to be a legal secretary anymore, even though the salary is excellent for someone without a college degree," says Carole Hahm of Carole Hahm & Co., consultants to the legal profession. "The days of the loyal, career secretary who could practically practice law are history."

Monica Hansen, office manager at the Madison firm of Solheim Billing & Grimmer S.C., agrees. "Five years ago, we could advertise for an experienced legal secretary and receive several applications. Now, we look for people who show initiative and problem-solving skills, and we give them the legal training."

Concurrently, lawyers are embracing technology that allows them to prepare written documents, complete forms, and schedule time-sensitive work with less reliance on support staff. "With clients' demands to keep fees down, you have to find ways to operate more economically," Hansen notes. "You cannot afford to have a one-to-one ratio; one assistant may work for two, three, or four attorneys."

Technology alone does not create efficiency, however. The lawyer who is not proficient with technology cannot justify billing clients the full hourly rate for clerical tasks. Furthermore, the ideal assistant does what no computer can do: acts as your firm's designated risk manager to catch errors and omissions before they result in potential malpractice claims.

How does a law firm find the ideal assistant in the current job market? Here are some tips.

Create an announcement that will attract the right candidates.

Chances are your future assistant is already employed, so your classified ad or job posting needs to capture the casual reader's attention and invite further inquiry. For starters, the position title should reflect the professional responsibilities the job entails. Avoid titles such as "office help," "secretary," "clerk," or "Person Friday."

"Most employment ads are either too general or too specific," Hahm says. For example, an ad that describes your law firm in glowing detail but fails to adequately describe the position is unlikely to attract many qualified candidates. On the other hand, when you list a half dozen software programs in which you expect proficiency, you prompt skilled candidates to disqualify themselves.

Key phrases to use in advertising for an assistant are "highly organized," "detail-oriented," "problem-solving skills," "professional communications ability," "enjoys working with clients," "opportunity for growth," and "experience with word processing and time and billing software."

A real carrot to use is "flexible hours" or "willing to consider part time." "There's a big untapped market of people who are interested in part-time employment," Hahm notes.

Get the word out.

Ask your newspaper to help you create and place an ad that gives you the most exposure for your dollar. Sunday newspaper classified and display (boxed) ads generally draw a higher readership than weekdays. Place the ad in both the office/clerical and professional/technical sections. Inquire about the publishing schedule for special career or business sections; you might reach a wider audience if you can wait a month.

Consider advertising in newspapers and magazines other than your daily newspaper, including those published for the legal profession, minorities, seniors, and college students. (Hansen's firm also posts job announcements at the local technical school and universities.) Word-of-mouth is the oldest and most successful form of advertising. Be careful to avoid raiding other law firms for employees; not only will you risk the ire of your colleagues, you may find yourself saddled with a conflict of interest.

Screen applicants carefully.

With the standard two-week notice of resignation, many law firms scramble to find a replacement assistant. Hahm has seen law firms so desperate to hire someone that they "want to believe the best about a candidate, even when there are obvious shortcomings."

Study the cover letters and resumes for organization, grammar, and spelling ability. Would you feel confident asking this person to write a letter to your clients? If possible, personally telephone the top candidates to schedule interviews and evaluate the applicants' telephone communications skills. Does the candidate sound professional? Enthusiastic about the job? Again, ask yourself if you would feel confident having this person represent your firm on the telephone.

Some lawyers rely on an employment agency to locate and screen candidates for them. Be aware that agency commissions run between 18 and 33 percent of the first year's salary. "If the person the agency sends doesn't work out, you may be out of luck. The agency may send a replacement, but no refund," Hahm says.

Take your time interviewing.

Admit it: You spend more time with your coworkers than you do with your family, so take some time to become acquainted with candidates, not just as job applicants but as people. Don't be so eager to hire someone that you fail to ask the questions that a human resource professional would ask: Why are you considering leaving your current position? Can you explain the three-year gap in your employment history? How would your current employer describe your work ethic?

"Lawyers tend to talk too much in interviews," Hahm says. "Ask open-ended questions that invite the person to talk about himself or herself."

Corporate human resource departments often use a checklist to make sure they ask the same questions of every prospective employee. Following the interview, rate each candidate on the qualities you are searching for, such as technical skills, experience, professionalism, attitude, and personal communication skills. Note on the form if the candidate was punctual and dressed appropriately for an interview. A rating form is particularly helpful if you are interviewing several candidates or have more than one person involved in the interviewing process.

Finally, check references. "Lawyers say, 'No one is going to tell us the truth.' But references are rarely reluctant to say good things about a person. If they won't comment, that's a danger sign," Hahm advises. Some corporations have a strict policy against giving references.

Make an offer.

The economic laws of supply and demand apply to salaries, so know what the market rates are for assistants in your area before you make an offer. Check the classifieds, ask your colleagues at other firms, or consult the annual salary and benefits survey of Wisconsin Association of Legal Administrators. (Note: Only firms with WALA members are surveyed.) An informal survey conducted at the Law Practice Symposium Breakfast at the State Bar Midwinter Convention in January found salaries ranged from $15,600 to $30,000 (median salary $20,800) for assistants with three to five years of legal experience.

Hahm says a candidate should not change jobs for less than a 10 percent increase in salary. She cautions lawyers to be prepared to defend a new employee's salary. "In a firm with three or four staff people, they will know what each person makes. You have to have some parity or you will soon be filling another position."

"I believe it's a mistake to underpay people, but money isn't everything," Hansen says. "Flexibility, fun and interesting work, an inclusive atmosphere where the attorneys involve them in solving clients' problems, seeing (not just being told) that their work is important - all these factors play a critical role in creating an atmosphere where people want to work."

See the June issue for the next installment in the "Help wanted" series: How law firms can retain staff.

Wisconsin Lawyer