Question:
I am the managing partner of a three lawyer estate planning practice in Bloomington, Illinois. I am the sole owner with no partners. The other two lawyers are associates that have been with the firm for several years. (One three years and the other seven years.) In addition to the attorneys we have a receptionist, a bookkeeper/office manager, and three paralegals.
We have recently gone through some lawyer and paralegal turnover and we are way behind in servicing client work and are experiencing client complaints. We are in the process of trying to staff up and hire another lawyer for the firm. We do not have the time to train up a new lawyer right out of law school and we need a seasoned associate with three to five years estate planning and administration experience – especially probate and trust administration. We have only received a couple of candidates and we are finding:
We are at wits end and would like your thoughts on whether hiring an experienced lateral associate lawyer even makes sense for our firm or should we hire a new graduate and try to grow our own. In the past we have hired associates with a few years experience? Any suggestions that you might have will be appreciated.
Response:
Small firms such as yours often have not invested the time in developing procedural manuals and other training tools that makes onboarding new lawyers and staff easier nor does anyone have the time to train newly hired lawyers and staff. While you don’t have the time or resources to develop such tools now this is something you should consider in the future. Such tools enable law firms to onboard both new and inexperienced lawyers as well as experienced lawyers much quicker that the trial and error method that occurs without such tools.
Keep in mind there is still a learning curve and spin time even for experienced laterals who have to learn jurisdictional ways of doing things, your internal office systems and procedures, etc. There is also a work in progress billing lag that occurs. A small estate planning/administration firms such as yours should generally avoid hiring lateral associates unless the firm has steady excess work and clear profit margins and a need for a senior associate. Laterals often demand high salaries, benefits, remote work options, bring along bad practices and cultural experiences, and may not bring in sufficient fees to cover their overhead. It usually takes at least a year before you begin to make a profit from a new lateral – sometimes longer.
Adding an expensive lateral lawyers to your existing team will be a major financial risk for the firm. In addition to the new lawyers salary and other expenses a new lawyer will likely need additional paralegal support and a paralegal may need to be hired as well. As a result the firm could experience:
Better options for your firm:
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John W. Olmstead, MBA, Ph.D, CMC
Question:
Our firm is a 14 lawyer firm in St. Louis, Missouri that focuses on small businesses – both transactional and litigation matters. There are eight equity partners, two non-equity partners, and four associates in the firm. We are managed by a three member management committee and a firm administrator.
While we have been successful over the past fifteen years since the formation of the firm, we are experiencing numerous issues including:
We would appreciate any suggestions that you might be able to offer.
Response:
I understand your dilemma. You are at a difficult size. It sounds like you are facing many of the problems that firm leaders face at your stage of growth. Your leaders must be willing to:
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John W. Olmstead, MBA, Ph.D, CMC
Question:
I am the owner of a three attorney law firm in Rockford, Illinois. While we do a lot of business litigation we are primary a general practice firm that serves individual clients. There are two associates in the firm in addition to myself, two paralegals, and a receptionist. We outsource the bookkeeping work to an accounting firm. We have been having issues with the accounting firm and I am considering bringing the accounting in house and hiring a bookkeeper that can also handle office management responsibilities as well that I currently have to perform. I know that many law firms now days have law firm administrators. Should I consider hiring a professional firm administrator?
Response:
Generally a firm your size would have a office manager/bookkeeper as opposed to a firm administrator. A firm administrator is generally a higher level position with responsibilities and expectations such as the following:
A firm administrator usually has a strong financial background, higher level of education than a office manager/bookkeeper, and often a CPA or MBA in larger firms that facilitates the candidate’s acceptance by other attorneys in the firm as a peer professional as well as provide the candidate with the academic tools needed to carry out the expectations of the position.
A firm administrator is rare in a firm your size and for firms under 10-15 attorneys. Many firms your size have office managers/bookkeepers. The downside to establishing an administrator such a position in your firm will be the salary that you will have to pay – more than some of your attorneys – and turnover in the position when an opportunity from a much larger firm comes along.
I have a few client firms your size that do have firm administrators. Sometimes for the first year or two there is a lot of administrative work – employees handbooks and procedural manuals to be written, new billing systems to implement, office space renovations and relocations, etc. But after major projects are completed there is not enough work to keep them busy. These firms have made the position work by adding client billable functions to their role. For example:
There is no magic size. We just completed an engagement recruiting an administrator for a seven attorney firm. We also have law firm clients with over 40 attorneys that don’t have an administrator. I believe that an administrator, or office manager, is appropriate in firms of all sizes. It is a matter of attitude and commitment on the part of the partners and whether they are willing to delegate responsibility and authority to an administrator to run the day-to-day operations of the firm. The firm should start with a job description and then decide whether the firm is willing to delegate responsibility and authority. If not, the firm should not hire an administrator.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
Our firm is a four attorney estate planning firm in Orlando, Florida. I am the owner of the firm and the other three attorneys are associates. We have three paralegals, a bookkeeper, and two administrative assistants. Approximately sixty percent of our practice is estate planning, thirty percent probate and trust administration, and ten percent elder law and special needs planning.
Our major challenge is finding and retaining paralegals. Over the years it has been our practice to hire experienced paralegals with three to five years experience. While this worked for us in the past we are currently experiencing high turnover, poor quality of work and performance, and high compensation cost resulting in our overhead getting totally out of control. What are other firms doing? Any suggestions and recommendation that you may have will be most appreciated.
Response:
These are tough times for finding, attracting and retaining paralegal and lawyer talent. Law firms are having difficulty hiring experienced paralegals at an affordable salary and then retaining them. You may want to consider growing your own and begin hiring recent graduates from paralegal programs at colleges, junior colleges, and paralegal schools. These schools offer bachelor degrees in legal/paralegal studies, two year associate degrees, and post bachelor graduate programs.
Small law firms generally do not have effective training programs and the training resources needed to do effective on the job training. This is the primary reason that small law firms hire experienced paralegals rather than growing their own. Larger firms have training resources such as paralegal supervisors, trainers, written procedural manuals, and other training tools. While a small firm such as yours can’t have all of these resources maybe it is time to begin to develop some of the following tools so you can grow your own.
Homegrown employees often prove to not only be less costly but in the long more committed to your culture and processes, more dedicated and loyal, and more likely to stay with your firm for many years.
Many of my law firm clients are telling me that finding clients is no longer their primary concern – their top strategic concern is now finding, hiring, and retaining lawyer and staff talent. During these times it is imperative that law firms get creative and think outside of the box. Flexibility is key. Here are a few things that some of my small law firm clients have done that has resulted in successful experienced paralegal and attorney hires:
Successful law firms must attract both clients and talent in order to be successful. All law firms are suffering and having a hard time attracting and retaining attorneys and staff. This also means that other law firms are desperate and may try to steal you lawyers and staff with better pay or other incentives. You need to review all of your benefits and policies as well as compensation to make sure that you are more that just competitive – you need to be on the cutting edge and ahead of the pack. Employees now expect more flexibility, remote work, etc. than ever before.
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John W. Olmstead, MBA, Ph.D, CMC
Question
I am the sole owner of an estate planning firm in the San Francisco Bay Area. We have one branch office and are contemplating acquiring another practice that would give us a third office. We have a total of four lawyers plus myself working in the firm, 5 paralegals, and five administrative members including the firm administrator.
We acquired the office office via an acquisition five years ago. At first we had a paralegal that we inherited from the prior firm as the only permanent employee at the office and we would send up lawyers from the main office for client appointments on an as needed basis. (The two offices are a 45 minute car commute from each other) This worked reasonably well for a little while but after a year I decided that we needed more permanency in the office and we hired a full-time experienced lawyer that was assigned to that office. A year later the paralegal retired and we hired another paralegal for that office as well as an administrative staff member. All went well for a couple of years but now we are having the following personnel issues:
I am having second thoughts as to whether I should have acquired this practice and whether I should go forward with another acquisition. Any thoughts that you have would be appreciated.
Response:
While opening a branch office can be tempting there can also be pitfalls. Typically reasons for opening a branch office include:
A branch can bring prospective additional clients and access to a wider talent pool but money has to be spent on office space, salaries, and other operating expenses which can negatively impact the profits and earnings of the firm if the branch office does not generate sufficient business and revenues. Even if the branch office is successful in terms of revenues and profits there are the additional management challenges that can arise such you are experiencing. Often the most difficult challenge is replicating your philosophy, norms, and practices – culture if you will – in the branch office.
In larger branch office plants the office is usually staffed by at least one attorney – usually partner level – that is transferred from the main office. As the office grows additional attorneys and staff are hired for the local area. This helps in transplanting the main office culture to the branch office.
In your situation due to your small size you options may have been more limited but you might have considered:
You must take a strong hand on this or the situation will only get worse. Your firm administrator should also play a key role in this.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
Our firm is an estate planning practice in the suburbs of Washington D.C. We have five attorneys and six support staff working at the firm. During the COVID lockdowns in 2020, and to some extent in 2021, our attorneys and staff worked remotely. At first we all felt that productivity actually increased. However, after a month or two working remotely we began to change our minds. Communications with each other, review of work, etc. took much longer and once the lockdowns were lifted all of us were anxious to return to the office. We have been working almost exclusively at the office since the lockdowns were lifted. During the last several months we had to hire an additional attorney and a couple of paralegals. During the hiring process we found that prospective employees are demanding some form of remote work option. In order to hire these employees we had to provide them with a partial remote work option as well as signing bonuses. Is remote work here to stay?
Response:
I believe it is, especially in large metropolitan areas with heavy traffic congestion and long commute time. Law firms of all sizes are finding that hiring and retaining talent – attorneys and staff – is becoming increasingly difficult and is their number one strategic challenge and even more concerning than development of business. Large and small law firms are implementing permanent remote work policies in various forms.
Post-COVID-19, one of the innovations of the pandemic, the adoption of remote work, is set to attract the best talent to law firms. This was seen in a recent survey from legal recruiter Major, Lindsey & Africa, which found that most lawyers from the incoming generation are looking for an opportunity to work remotely, even if it’s just some of the time.
According to a recent survey conducted by FlexJobs survey, 97 percent of workers want some form of remote work post-pandemic, with 58 percent preferring to be full-time remote and 39 percent opting for a hybrid work environment. To provide insight into the broad interest in remote career opportunities amid an uncertain and fast-changing work landscape, FlexJobs has released a report: FlexJobs has released a report: Remote Work Statistics: Navigating the New Normal, which offers a by-the-numbers look at the current impact of remote work on the workplace.
“The data outlined in this report suggests that even during the most challenging of circumstances, remote work provides important benefits across the board,” said Sara Sutton, Founder and CEO of FlexJobs. “From improved mental health and better work-life balance to increased job satisfaction, the majority of employees have responded very favorably to remote work, with many now strongly inclined to pursue a permanent remote career. As we consider the future of work, it’s clear remote work policies will be critical in shaping the modern workplace,” Sutton concluded.
Visit https://www.flexjobs.com/blog/post/remote-work-statistics/ for more information.
I believe you should at least consider a partial remote work option going forward.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
I am the sole owner of an estate planning firm in Chicago Suburbs. I have three other associates in the firm. Our volume of business has expanded rapidly during the last six months and we desperately need one to two more associates on board. I have been looking for three months and have been unsuccessful. I have had some leads but when I made offers they were not accepted. Your thoughts would be appreciated.
Response:
These are tough times for attracting and retaining talent in all businesses. Law firms are having difficulty hiring lawyers as well as staff. Many of my law firm clients are telling me that finding clients is no longer their primary concern – their top strategic concern is now finding, hiring, and retaining lawyer and staff talent.
During these times it is imperative that law firms get creative and think outside of the box. Flexibility is key. Here are a few things that some of my clients have done that has resulted in successful attorney hires:
Successful law firms must attract both clients and talent in order to be successful. All businesses are suffering and having a hard time attracting and retaining attorneys and staff. This also means that other law firms are desperate and may try to steal you lawyers and staff with better pay or other incentives. You need to review all of your benefits and policies as well as compensation to make sure that you are more that just competitive – you need to be on the cutting edge and ahead of the pack. Employees now expect more flexibility, remote work, etc. than ever before.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
Our firm is a litigation defense firm in the Chicago suburbs. Four of us started the firm twenty years ago and we have since grown to a sixteen attorney firm consisting of eight equity partners and eight associates. The other four partners were initially associates and later admitted after they had been here for five to seven years. The other four partners bring in very little business and their production is dismal compared to the four founders. Our associates working attorney receipts are larger than a couple of our equity partners. Our compensation is a equal salary for all partners with remaining profits allocated to each partner based upon their ownership percentage which are 15% for each of the four founding equity partners and 10% for each of the other equity partners. They was no buy-in for the newer partners. Profits have been flat for several years and partner compensation as well. We would like to hear any thoughts that you may have.
Response:
It sounds like partners are left to their own and are not accountable to other partners in the firm. Successful firms your size have performance expectations and guidelines for all attorneys in the firm with consequences for non compliance.
Many firms your size use a compensation committee to determine partner compensation and performance peer reviews – – both written and face to face interviews are conducted with each partner in the firm. Partner performance reviews are often avoided like the plague by many firms. They are time consuming and it is hard to give candid feedback to colleagues. However, without partner performance reviews neither the partners nor the firm will reach full potential. When partner performance reviews are used not only to review performance but to set measurable goals this data can be incorporated into the compensation system and provide additional hard data for providing a true measure of partner contribution and value.
You may have to consider changing your partner compensation system or changing nonperforming partners status to non-equity partners or associates.
You must muster up the courage to confront underperforming partners but before you do that you have to determine what the baseline performance expectations are for the firm, communicate them, and put in place consequences for non-compliance.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
I am the firm administrator of a sixteen attorney firm in Kansas City, Missouri. We, like many other firms, have done our best to face up to the challenges presented by COVID-19. For several months attorneys and staff worked remotely from home office using the internet, telephone, and video conferencing as the primary means of communications with clients and the office. To our surprise it worked fairly well but most of the attorneys were glad when they were able to return to the office. We have been having discussions as to the long-term impact of COVID-19 both in the short-term while we continue our fight against COVID-19 and in the long-term after COVID-19 has been defeated. I would be interested in your thoughts.
Response:
For years law firms have held the attitude that employees – attorney and staff alike must been seen, observed, and on premises in order to be productive. Law firms that have had and continue to have their attorneys and staff working remotely during COVID-19 have disproved this premise. They have found that not only have their attorneys and staff been able to remain productive but in many cases even more productive then when they worked face to face in the office. However, communications has been a challenge for many firms.
Below is what I refer to as the scale of communication media and richness of each:
1. Face to face
2. Video Conferencing
3. Telephone
4. Email and text
Face to face is the richest form of communication and should be used for sensitive communications such as performance reviews and other such discussions concerning performance, praise, training and mentoring, etc. It should still be used when ever possible in these situations.
Video conferencing using platforms such as Zoom, GoToMeeting, Team, etc. in the second richest form of communication and should be used when face to face would normally be used but is not possible.
Telephone is the third richest form of communications and should be used for less sensitive communications or for face to face situations discussed above when a face to face meeting is physically not possible.
Email, text, and other written communications should be used for routine communications such as assignment of projects and tasks, work instructions, etc.
Sensitive and difficult communications should be communicated through a rich medium such as face-to-face meetings or video conferencing and routine communications through a lean medium such as a memo.
Media richness is determined by the speed the media provides, the variety of communications channels on which it works, the extent of personal interactions allowed, and the richness of language it accommodates. As tasks become more ambiguous, you should increase the richness of the
media that you use.
Our law firm clients have advised us that after awhile they missed the face to face interaction and found that the major problem with working remotely was that the communication with other members of their work team took much longer than walking over to the next office or desk and was frustrating. While I don’t believe that traditional offices will completely disappear, I believe that law firms have learned lessons from COVID-19 and we may see the following changes in the future:
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John W. Olmstead, MBA, Ph.D, CMC
Question:
I am the sole owner of an estate planning firm in San Francisco Bay area. I have four full-time associates, six paralegals, two secretaries, a firm administrator, and four other staff members. We are a high volume operation and we do a lot of marketing. We need help coordinating and handling and coordinating the marketing. Are we ready for marketing coordinator or director?
Response:
Personally I think the firm is a little small for a full-time marketing position. If you can find a person that is willing to work part-time that could work in a firm your size. Many firms your size and larger that have a firm administrator include marketing responsibilities on the firm administrator’s job description and have marketing and business development coordination handled by the firm administrator. Here is an example of the marketing and business development duties that your administrator could handle.
Advertising
Coordinate the firm’s advertising program established by the owner.
Business Development
Coordinate and implement the business development program established the owner
Oversight responsibility by performing or delegating the following:
1 Updating Firm E newsletter database
2 Monthly review of E newsletter Database blocked list report,
contacting contacts for updated email addresses, and updating
e-newsletter and all related databases.
3 Update Other Firm E-newsletter Databases
4 Update case management and time billing databases
5 Distribute Electronic E newsletters.
Client Testimonials
Prompting the owner monthly to solicit one client testimonial from a client and posting or coordinating with the firm’s website provider for them to post the testimonial to the website.
2 Schedule, coordinate, and maintain a file on the firm’s file
server of action items and notes from each meeting.
3 Coordinate and assist in the implementation of action items.
Public Relations
Coordinate the firm’s public relations program.
Electronic Media
1. Website
Oversight responsibility for maintaining the firm’s web site and keep
the website’s content fresh and updated in coordination with website provider.
2. Social Media
Update entries on social media.
Directories
Client Communication/Satisfaction Program
Firm Announcements
Supervise preparation and distribution of firm announcements
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John W. Olmstead, MBA, Ph.D, CMC