Vol. 72, No. 6, June 1999

Managing Risk

Nine Tips for Keeping Top-notch Employees

Learn how to keep employees in this second part of a series on recruiting and retaining support staff who act as your second set of eyes and ears in reducing malpractice.

By Ann Massie Nelson

Every lawyer dreams of finding the ideal assistant - someone with solid legal experience, superb organizational and communication skills, who never panics under pressure and rarely asks for time off - someone a lot like Walter "Radar" O'Reilly of M*A*S*H* legend, whose uncanny ability to anticipate the colonel's needs before he knew he had them averted countless disasters.

Even if you could enlist someone with Radar's talents, how do you retain her or him when the unemployment rate is the lowest since 1970 and "raiding" for good employees is not uncommon?

You may be surprised to learn that more money is not necessarily the answer. According to results of AON Consulting's annual study of workforce commitment, America @ Work 1999, management recognition of the importance of employees' personal and family life was the top driver of retaining employees, followed by how well employers provide opportunities for personal growth, satisfy customer needs, communicate about benefits, and ensure that coworkers' skills are keeping pace with new responsibilities.

Consider the following tips for reducing staff turnover.

Help employees balance work with personal and family life.

One of the "carrots" in working for a sole practitioner or small law firm is the flexibility that a smaller employer can offer. Being flexible might mean letting voice mail answer the telephone before 8:30 a.m. to allow a parent time to get children off to school, suggesting a staff person combine a personal errand with a trip to the post office, encouraging an employee to take a family member along to a business seminar, or allowing a staff member to occasionally work at home. Simple gestures like these show that you recognize the individual has a life outside of work and yield enormous returns in employee loyalty.

Make client satisfaction job one.

When you serve your clients well, your support staff looks forward to coming to work. When you fail to return phone calls, ignore client instructions, or send bills with little or no description of services provided, your staff often bears the brunt of clients' fury. Emphasize that client satisfaction is your top priority and enlist your support staff's help in providing the best legal representation possible. Encourage employees to report early warning signs of client dissatisfaction to you, when you might still be able to take remedial action. Under no circumstances should you expect your support staff to cover for you or play the scapegoat.

Give employees the tools they need to do a good job.

"One of the reasons staff people leave is that they are under a lot of pressure and they don't have the tools they need to get the work out. Invest some money in competency training, as well as up-to-date computers and software," says Carole Hahm of Carole Hahm & Co., consultants to the legal profession based in Mequon. The most important tool your firm needs is an integrated electronic calendar and case management system to track statutes of limitation and other deadlines. Missed deadlines are the source of almost 20 percent of malpractice claims.

Provide training and opportunities for professional development.

Staff members need both tools and training to excel in their work. A starting point for staff training is review of a written policy and procedures manual. "When I audit a law firm, eight times out of 10 I find no documentation of firm procedures or system for checks and balances," Hahm notes. She recommends lawyers and staff members develop a checklist of tasks that need to be performed weekly or monthly, such as statutes of limitation reports for open files and trust account reconciliation. Knowing what is expected and having the tools and training to meet those expectations is a crucial determinant of job satisfaction.
Professional organizations provide opportunities for staff members to network with their peers, receive relevant continuing education, and develop leadership skills. By supporting membership (paying dues and allowing time to participate) in professional groups, your firm will benefit from new ideas and methods, and your staff members will become more vested in their careers. (For information about some law-related professional organizations, see page 622 of the 1999 Wisconsin Lawyer Directory.)

Include your support staff in decision-making, particularly where it involves them.

If the lawyers in your firm believe that staff members should be seen and not heard, you will soon be looking at a lot of empty desks. Instead, create an atmosphere where ideas are welcomed and valued, even if the speaker is not a lawyer or college graduate. Taking a minute to ask "What do you think?" or "How would you feel about that?" shows that you respect staff people as individuals who have relevant experience and knowledge.

Be careful how you respond. If your natural inclination is to poke holes in someone's theory or cross examine every statement, you soon will find your conversations with staff members are rather one-sided.

Involve staff members in solving clients' problems.

The interaction your staff person has with clients is qualitatively different from yours. "Staff don't have the privilege of knowing the client on the level you do. Sometimes that makes it more difficult to be sensitive to the client's demands and needs," says law firm office manager Monica Hansen of Solheim Billing & Grimmer S.C., Madison.

When appropriate, include your support staff in planning strategy and solving problems. Introduce your support person as a valuable member of your team. Encourage clients to contact her or him when they have questions or concerns. This way, your support person gets to know the people behind the documents and your clients recognize that two people are looking out for them.

Ann Massie Nelson is Communications Director at Wisconsin Lawyers Mutual Insurance Co.

Credit staff members for going the extra mile.

Be generous with your praise. Here is what you say: "Great job," or "Thank you for coming in early to finish that," or "I appreciate your extra effort. What can I do to help you?" or "That client wanted me to tell you how much he appreciates your patience." You will be surprised how effective an occasional "way to shine" can be.

Take pride in your office space.

Most people spend more waking hours at work than anywhere else. "Create as nice a working environment as you can. A clean, comfortable work area is important to employees," Hahm says. While corporate dress and office environments are becoming more casual, employees still want a workplace they can point to with pride. Like it or not, appearances matter - to your employees and to your clients.

Learn to be a good business manager.

With the employee talent pool shrinking, law firms must compete with other employers (not just other law firms) for skilled employees. The allure of working in a law firm will quickly fade if the business is not managed well. Law firm employers who can communicate effectively, offer opportunities for growth and personal development, and help employees balance work and personal demands will win - and keep - the "Radars."

[Part one of this two-part series, "Hiring a Law Firm Risk Manager," appeared in the March 1999 Wisconsin Lawyer.]

Wisconsin Lawyer