Guide to Law Firm Associate Hiring, Training, and Promotion

A firm may decide to hire associates to relieve others who are overworked, to seek additional expertise, or to improve leveraging when making partners. Whatever the basis for the decision, the firm is ready to embark on one of its most challenging and significant processes. It is high time to roll up your sleeves and put your communication skills to good use so that your next associate hire would be the best of the best and could cope with the fast-paced environment these days. Moreover, the quality of hiring determines the quality of the firm over time and, to a great extent, the shape of its future.

 

Determining the Need of Your Firm

Recruiting committees are formed in most law firms. Many hours and dollars are spent interviewing students on law school campuses. In addition, there are professional “head hunters” who, for a fee, are willing to help locate and place lawyers with various backgrounds and levels of experience. Whatever techniques are employed, recruiting lawyers usually requires considerable time, energy, and expense. After diligent effort, however, both the newly hired associate and the law firm partners may be disappointed. This may have little to do with the lawyer's professional capabilities or intelligence and analytical skills.

The conflicts that develop often originate in unclear hiring practices, associate job descriptions posted on the company website, unclear expectations for associate jobs for instance in a corporate legal department, and a poor match of personalities and temperaments that erodes the very concept of an ideal candidate. Such a mismatch can occur between the new associate and the attorneys in the practice area to which he or she is assigned or with the personality or work style of the firm in general or its work culture. Since the hiring processes themselves are costly, practicing the fundamentals for successful hiring is very important.

Thoughtful consideration and discussion within the firm of the following self-assessment questions can help improve the success of the recruiting and hiring process, whether the firm is hiring its ideal candidate, considering a lateral movement, or recruiting its annual group of law students for a summer clerk program. Recruiters should be able to answer the following questions and communicate much of this information to prospective associates will allow for various projects to run smoothly.

Here are some of the questions to be asked as you fill in that critical next generation associate job in your law firm:

1.    What are the law firm’s needs in terms of work to be done?
2.    Is specialization required?
3.    Will the new associate be expected to generate his or her clients or will he/she be picking up an established caseload?
4.    What types of clients will the lawyer and firm serve?
5.    How much client contact is expected? Is the client contacted most often by letter or phone or in social situations?
6.    What kinds of social skills are required?
7.    Is there a structured mentoring program or will the new associates be expected to find their way and seek answers to their questions?

To make a successful hire, the firm must know what it needs financially and professionally. To match a lawyer to a particular position or area within the practice, the employer must analyze the skills required to perform the job and the psychological attributes the prospective associate should exhibit to perform those tasks and work harmoniously with other members of the law office.
 

Selecting Recruiters

Firms have different criteria for selecting and appointing recruiters to seek candidates and conduct the preliminary screening of applicants. The recruiter may be any of the following or the recruiting tasks may be assigned to a group composed of such individuals as:

• An administrative person who may have professional training or experience in interviewing makes a good impression, knows the firm well, and is articulate.
• A junior partner or senior associate who is considered to be close to the experience of law students and able to empathize with them in their transition between law school and a professional job; or
• A senior partner who enjoys the task, is willing to make time for it, has experience recruiting, and can reflect the status of the firm.

Important Guidelines for Recruiting

Since recruiting and hiring attorneys is difficult and very expensive, the firm should select recruiters carefully and train them to sharpen their skills in interviewing, observing, and judging behavior. Recruiters should be very able to articulate the goals, the shared values, and the special characteristics of the employer. They also should know the needs and expectations of the firm to conduct many interviews and make many decisions quickly in the best long-term and short-term interests of the firm.

How to get the candidate's true nature

To obtain as thorough a picture of candidates as possible and to be able to compare candidates objectively, it is useful to develop a set of general interview questions and to agree upon the qualities and characteristics being sought among applicants before conducting interviews. As the recruiting process continues, it can become politically sensitive, tedious, and exhausting. Establishing general interviewing procedures and criteria early in the recruiting process will help keep the overall process consistent.

During the interviews, recruiters should remember to focus on:

• How candidates behave during the interview process and how they react to the recruiter:

The temptation often is for the recruiter to try to make a good impression on the candidate and sell the firm instead of staying focused on the applicant. This is particularly true when interviewing a candidate who appears "right” because of his law school record, the reputation of his law school, or the desirability to the firm of the candidate's area of special interest.

• Get as much evidence of interest, performance, and initiative on the part of the candidates beyond their academic records:

Ask questions that evoke stories of previous accomplishments and personal history. Consider using an informal “case analysis test.” Present a prospective associate with case facts and ask the student to assess the legal issues and determine how to approach the case. This situation demonstrates how a person thinks and what resources would be used.

• Get opinions of others who can evaluate the prospective associate:

Contact some references. Consult former employers by phone since they will be more likely to disclose useful information over the phone than in writing. Ask about interpersonal skills as well as technical abilities. When the applicant visits the firm, do not ignore feedback from anyone in the firm who had an opportunity to interact with or observe the prospective associate, including support staff. Talk to professors and sometimes to fellow students.

• Communicate the application-specific information about the quantity and quality of work expected, the degree of visibility required, and the social skills expected:

If the firm does not convey these expectations, the associate will enter into a vague work agreement that may not be successful for either the firm or the lawyer.

• Listen attentively and encourage applicants to talk.

Recruiters are likely to be articulate talkers who need to practice listening skills.

How interviewees speak and what it means

Conversations with young lawyers reveal several behaviors they did not like in the pre-employment interviews they experienced. Their comments form the basis for a checklist of suggestions for conducting recruitment interviews:

• Put the interviewee at ease. Be friendly, relaxed, and easy to talk with. Interviewees comment negatively about interviewers who are snobbish, insulting, too stiff, or bored.

• Get organized; stay in charge of the interview.

• Ask pertinent questions.

• Don’t interrogate or cross-examine. Lead.

• Show an interest in the individual. The firm will be judged by how the interviewer projects the friendliness and the atmosphere of the work environment. Being nice and personable is very important.

• Demonstrate pride and enthusiasm for the firm without monopolizing interview time in a sales pitch.

• Be sure the firm resume provides a complete picture of the firm.

• Don’t get stuck on grades.

Try to assess the skills required to perform the job and the psychological attributes the prospective associate should exhibit to perform those tasks and work harmoniously with other lawyers.

Paying Associates: A Crucial Factor in Hiring, Retaining  These Days

A drastic increase in the number of new attorneys in the United States may have a greater long-range effect on novice lawyer compensation than the initiatives of American law schools have been spewing out new lawyers in much greater numbers than retirements from the profession, and this has been going on for years. For a time, the increasing reliance of our society on legal services enabled this growing number of lawyers to be usefully employed within the profession. Now, the saturation point is near, competition for clients has never been greater, and pressures on novice lawyer compensation from this source counteract the increased salaries initiated from New York.
Is that a contradiction? Not at all. The Wall Street type of firms, and those which aspire to such status, are competing for a very small part of the 45,000 or so novice lawyers of the year. They want to obtain the services of top students from top schools, a draft with perhaps 2,000 or 3,000 names. Every one of these scholars will have a choice of where to begin a career. These novice lawyers can select among private practice, corporate law departments, and governmental assignments; among employers, areas of law, and locations.
For the more than 30,000 other new graduates who complete their school work each year, choices may be more restricted. Top students from local schools will be able to pick from several offers. Employers of new lawyers will always be impressed by academic achievement and will spend an extra dollar to hire the best. Other students, who may still be very capable, and who will undoubtedly make good lawyers, may be lucky to land a job in which they may acquire the practice skills that are not taught in law schools. Salaries offered to this large group from as little as $50,000 in a very small firm or a not-for-profit legal service group, to more than $260,000 in leading firms.


There is today an almost universal practice of paying associates a basic salary. The exception is in some patent law firms where associates are paid only a proportion of the fees they earn. This practice was at one time prevalent in many other types of firms as well. Progressions above hiring salary are generally at the rate of $18,000 to $45,000 per year for the first several years.
There are two general approaches to the payment of bonuses in addition to salaries:

• The associate receives a proportion of fees collected from his or her clients, or;
•  The associate is paid a discretionary bonus depending on the profitability of the firm and the quantity and volume of the associate’s work.

Of the two approaches, the second is the sounder alternative.
Basic salary plans, with or without discretionary bonuses, are by far the most popular compensation arrangements for associate lawyers in private firms. Associate lawyers are treated and compensated as employees. Incentive pay arrangements are most common in small firms and are in evidence in a few of the larger ones.

A discretionary bonus arrangement has the advantage of providing the employer some control over labor costs in the current year and also enabling outstanding performance to be promptly recognized. In many firms, however, even the discretionary plans are administered in such a way as to be relatively inflexible.

The division of fee method of compensating associates is divisive. It teaches the young associate that he must work for himself to accomplish something within the firm, rather than work for the common good. If the employer’s purpose in engaging an associate’s services is to get the firm’s work done, as is most often the case, the practice of splitting fees from the associate’s clients is a disincentive to getting the firm’s work done. The result may well be that the firm’s important clients languish, while the associate busily pursues the minor legal problems of his low-paying friends.

What is a fee-splitting system?

The fee-splitting system is often justified by the explanation that an associate must be encouraged to bring in new clients or to obtain legal business. The statement is, of course, true, but it does not justify fee splitting. The greatest incentive for an associate is usually to become a full-fledged partner of the firm. The firm should make it plain to each of its associates that the ability to bring in good work is an important consideration in the admission of partners. This will generally suffice to encourage associates to bring in business. There may, of course, be situations in which an associate can bring in an unusually attractive matter, such as a relative’s probate estate. When this happens, there is nothing to prevent the employer from considering that fee in the allocation of discretionary bonuses.
Some firms pay associates as much as one-half of the fee for the work they bring in.
The firms, which pursue this course generally lose money on each of an associate’s clients. When fees are low, the combined salary and related expenses of an associate generally exceed one-half of the fee.
Some type of bonus is, of course, often a wise course. Associates must learn early that they are part of a team and that the results of the team’s efforts are shared among all of its members. A flexible bonus which takes into consideration the year’s profits generally and the individual contribution of each associate is a means for reinforcing team spirit. In evaluating an associate’s contribution, the firm should consider not only the business that the associate obtains, which may be quite unimportant, but also the associate’s progress, diligence, ability, perseverance, and billable hours.

Pre-Arrival

Whether the offer has been extended by phone or face-to-face, a letter should be sent immediately confirming all elements of the employment arrangement, including:

• Any guarantees or special assignments that have been promised during the recruiting “courtship” period;
• Initial salary and benefits—medical and life insurance and retirement;
• Policies on moving expenses, expenses relating to bar admission, and vacation time;
• Timing of initial salary review and the length of time before consideration for partnership, if this is formalized;
• Starting date; name, address, and telephone number of the person to contact with any questions during the pre-employment period.

In addition to the initial letter of confirmation, any firm contact makes a strong, positive impression, making the associate feel welcomed and prepared. Additional correspondence might include:

• Any information on the city or the area, including maps, transportation, cultural affairs, community information and activities, lists of realtors, or housing information;
• Welcoming letters from lawyers in the firm, particularly from fellow law school alumni, the recruiting attorneys, likely supervisor or team leader, or in a small firm, the managing partner; and
• Any manuals for attorneys and any reading lists or materials that may help the associate feel more prepared to join the firm.

These suggestions will prove beneficial to the firm by solidifying the associate’s initial impression and aiding the transition. Once the internal systems are established to initiate orientation procedures, the process is comparatively simple to operate. Administrative support staff can coordinate the pre-arrival orientation after the system, checklists, and forms are prepared. Either a member of the hiring committee, the firm administrator, or a partner should have responsibility for the operation and the assignment to attorneys or write welcoming letters to the new associates.

Day One

The new associate’s first day sets the tone for the relationship, so it should begin as pleasantly and productively as possible. The focus should be on welcoming the associates and helping them feel at home. New attorneys should be introduced to fellow lawyers and to the support staff with whom they will work. A partner or the firm administrator should arrange to meet new associates upon arrival.
The first day will include administrative chores, such as filling out appropriate personnel forms and learning about the computer system,  payroll system, telephone system, billing system, security system, parking, copiers, facsimile machines, and the kitchen. The schedule also should include a series of brief meetings with senior support personnel who provide services the attorney will need to learn to use. This list may include the librarian, the comptroller, and the legal assistant supervisor. The series of meetings is intended to familiarize the new associates with how the firm operates and whom to contact for subsequent inquiries. A tour of the entire office should be part of the package.
A day after the tour of administrative services, new attorneys should be scheduled to meet with an established attorney or an appropriate manager to learn in some detail how the associates should record time. Then they meet with an attorney to learn what the firm expects of new attorneys in terms of time commitments, meetings, luncheons, and training sessions and terms of quality of work, productivity, and specifics about any system of rotation.
By the end of the second day, new associates should be introduced to their initial supervisors and work teams, including secretaries, legal assistants, and other attorneys.
The associate’s first day mustn’t include specific work assignments mixed into the welcome. It is equally important that the associate not begin work immediately with the idea that orientation will follow in a few days. Once the attorney begins working, the orientation will not be likely, and it is good business to simply take the time to get acquainted.
A new lawyer will not be welcomed in such a manner ever again, and there are many benefits to the firm in taking time to speed the assimilation process, establish important working relationships in a pleasant, supportive manner, and reduce the incidence of avoidable mistakes by a newcomer who doesn’t know the way around.
In addition to the functional and administrative orientation and the opportunity to meet and be recognized by new professional colleagues, there are several things the employee can do to welcome the new attorney.
For example:

• If office space has to be cleared for the new attorney, be sure that it has been completely cleared, cleaned, and readied for use before the new lawyer’s arrival.
• If keys are needed for washrooms, outer doors, desks, etc., be sure that all keys have been ordered and are ready.
• Have firm credit cards, business cards, the associate’s nameplate for the office door, computer passwords, and the associate’s voicemail address waiting on the desk.
• Be sure that the new attorney is invited to lunch on the first day and that invitations to any events the firm sponsors or participates in are extended to the new associate.

Associate Training Programs

The orientation of a new lawyer turns into a training process as the associate is taught about client relations, firm management, various kinds of work assignments, research techniques, computer usage, professional responsibilities and obligations, proper delegation, time management, dictation skills, writing techniques, and client development strategies. These necessary skills and understandings cannot reasonably be taught within the first few weeks of employment, or even within the first few months. In other words, orientation leads to training, and every firm needs to consider associate training needs. Lack of training and lack of feedback on their work are the two greatest causes of associates’ unhappiness in their jobs. 
Partners do not have time to take on all associate training, nor should their time be spent covering for associate errors made in ignorance. Structured training programs are a key to associate productivity and can contribute to professional satisfaction as well.
The three major areas of associate training needs are:

• Human resources issues, such as planning, personal organization, client relations, and the productive supervision of others; Marketing skills and responsibilities, including personal selling skills, cross-selling, productive networking, and presentation skills; and
• Technical skills and substantive information related to the practice of law. Each of the broad areas outlines professional development training that can benefit the firm on a short-term as well as long-term basis. Currently, if training is conducted in a firm, the most likely curriculum is the third area.
• The technical skills and substantive information related to the practice area—and this obvious focus is reinforced by continuing education requirements. A successful lawyer needs skill and expertise to some degree in each of these major areas.

All of a firm's orientation and training is directed toward the goal of developing competent, productive lawyers as quickly as possible. It can require a major investment. Some firms attempt to avoid the issue by hiring only experienced lawyers. However, as firms seek, greater productivity by using billable hours standards and by increasing the hours required under those standards, the need for training is heightened, even as the time for formal and informal training becomes more precious.
The conflict between the need for training and the time for training can be resolved only by clear, long-term planning. Firms that develop and support extensive training programs for attorneys base their decisions on a clearly articulated philosophy that relates training to productivity and profitability. Firms that have made substantial commitments to training tend to be highly competitive and goal-oriented. 
As expectations of both clients and law firms increase, prospective associates, as well as new lawyers, understand they need every advantage they can acquire. 
A strong, systematic training program provides a competitive edge. Some firms use their excellent training programs as a recruiting tool.
Another benefit of a systematic training program for attorneys is the use of training as a vehicle for change and/or for reinforcement of the firm’s culture, style, or philosophy, particularly during periods of rapid growth and acquisitions or mergers with other firms. Times of change require planned efforts to reinforce and solidify the shared values and ideals that shape the firm. Even desirable changes in a firm’s size, practice, or direction place new demands on lawyers and can threaten stability. Training, therefore, can be both a product and an agent of change. Because training programs within a firm expose several lawyers to the same or similar experiences, they help merge a lawyer’s talents and expertise with firm goals. Maintaining a blend of individual and firm goals and talents is a major challenge in managing a firm, and effective training is a powerful management tool. It also fosters camaraderie.

Associate Performance Evaluation

A formal performance evaluation procedure is necessary even in the smallest firms and is an absolute necessity in larger aggregations of lawyers. The evaluation system serves two sets of goals for the firm: evaluation goals and associate development goals. These goals are:

EVALUATION GOALS

1.    To provide feedback to the associates so they will understand their levels of performance and their relative position in the firm.
2.    To develop valid data for salary and bonus decisions and to formally communicate these decisions to the associates.
3.    To accumulate information for making decisions about retaining associates. The associate evaluation process alerts the firm to unsatisfactory performance and provides a means of warning associates.
4.    To develop information about the progression of associates toward partnership for individual and firm planning purposes.

ASSOCIATE DEVELOPMENT GOALS

1.    To counsel and coach associates to improve their performance and develop future potential.
2.    To reinforce the commitment to the firm through discussion of opportunities for success within the firm.
3.    To motivate associates to greater productivity through recognition and support.
4.    To strengthen the professional relationships between partners and associates to reinforce mentoring and role modeling.
5.    To diagnose an individual associate’s problems.
6.    To assess needs for training and/or for assignments to provide varied experiences within the practice area.
Just as the associate performance evaluation or review serves two sets of goals for the firm, it serves two sets of goals for the associate. These goals are:

EVALUATION GOALS

1. To learn how the firm values them as individuals and to learn how they are progressing in their careers in the firm.
2. To learn how their value within the firm is translated into salary and bonus rewards.
3. To have their sense of self-reinforced by the positive feedback that is consistent with their self-image.

DEVELOPMENTAL GOALS: 

1. To receive feedback about their performance that will help them become better, more productive attorneys.
2. To progress along their chosen career paths within the firm, receiving the assignments, cases, or supervisory situations that will position them for greater success within the firm.
The important thing to notice about the series of goals listed above is that many of them are in conflict. It is this conflict, built into performance evaluations and appraisal interviews, that makes the process so difficult for all concerned, particularly if there is the slightest problem to discuss. The reviewer is thrust simultaneously into two potentially conflicting roles: evaluator/judge and helper/counselor. The associates being evaluated are caught between wanting feedback on their performance to learn how they are progressing in their careers and wanting only feedback that will reinforce their positive concepts of themselves and yield greater financial rewards, recognition, and career advancement. To the degree that salary and bonuses are tied to the performance evaluation, the associates will be anxious to receive a favorable review and to avoid unfavorable feedback. Associates may want to gloss over, rationalize, or deny performance problems altogether. Partners may be ambivalent in their comments, not wanting to create conflict. It is no wonder that appraisal interviews can easily become exercises in avoidance and defensiveness.

The potential solutions to the conflicts inherent in the performance evaluation process lie in three areas:

• The appraisal system of forms and procedures, which requires objective, fair, and consistent administration and the conscientious attention of the partners;
• The associate-reviewer relationship, which mirrors the trust and communication between the partners and associates; and
• The actual appraisal interview process itself, through which the conflicts inherent in the situation will be dramatized or solved by the guidance of the reviewer and the response of the associate.

In many firms, the evaluation process is given the least amount of time required to deliver the judgment in whatever fashion the reviewer can manage. Consequently, associates most often do not know where they rate in the firm, and they are unhappy with the feedback they receive formally as well as informally. The following guidelines can help structure an appraisal interview that is likely to increase constructive associate participation, satisfaction with the interview, and realistic acceptance of the evaluation.
It is assumed that the goal of the appraisal interview is to improve associate performance and motivation as well as to leave the associate with a clear understanding of what is expected of him or her and what is his or her position relative to performance expectations and progression toward partnership.

GUIDELINES FOR THE APPRAISAL INTERVIEW

KEY STEPS:

1. TIMING.
Schedule the interview to allow sufficient time for preparation by the associate as well as by the evaluating partner. Choose a time during which interruptions can be avoided. Even among associates who might not say the performance appraisal is valuable, the interview is, nonetheless, a very important time in each associate's career. The process is worthy of thoughtful attention, skillful management, and interpersonal sensitivity.
2. PREVIEW
Give the associate an overview of the interview, including content and process. This allows the associate to prepare for the discussion and to complete any self-evaluation or goal-setting requirements.
3. PLACE
Find neutral turf or use the associate’s office. The more comfortable the associate, the more open the communication and the more likely that the interview will be productive. Relax. Arrange seating in a relaxed manner to avoid the image of a judge presiding in court. The reviewer should present himself or herself as a helpful counselor, not as an intimidating authority figure. Do not interview over lunch, driving in a car, or in a social situation of any kind.
4. BEGINNING THE INTERVIEW
Review the objectives of the interview and the process upon which you previously agreed. This assures the associates that there are no surprises and it sets the stage for the substantive portions of the interview. Get the associates to talk. Ask them what is going well for them and what requires more effort than they anticipated. Ask them to appraise their performance. The interviewing partner should not do most of the talking, especially at the beginning. If the partner begins dominating the conversation, it will be very difficult for the associate to talk.
5. KEEPING IT GOING
Play fair. Follow accepted guidelines for active listening and for getting and giving feedback. Make an effort to keep the interview a discussion. The appraisal process is more likely to be useful when the associate reasons his or her way through the situation, and a good discussion stimulates that kind of thinking. Through discussion, an associate will gain a much stronger conviction about his/ her shortcomings and goals for improvement than a reviewer could ever impose by lecturing.
6. SUMMARIZE
Give the associate a summary of his/her major improvement area based on the completed discussion. The summary is the base for goal-setting and jointly developed plans for performance improvement. Be cautious about quoting what partners write on the evaluation forms. It is the responsibility of the individual charged with the interview to deliver information constructively and to determine what information is necessary to guide the associate’s development. A barrage of negative comments is likely to lead to a defensiveness that will neither improve associate performance nor serve the firm’s goals.
7. DEVELOP THE PLAN
The interview is intended to capture information about past performance and to lead to the future also. Setting concrete goals will help keep performance finely tuned to firm and individual growth needs. Even seasoned associates need support for growth goals, and this interview may be the only time all year that they have an opportunity to talk about themselves as developing professionals and establish individual goals. See Figure 1-1 for a sample performance planning form.
8. CLOSING
The discussion should end with some communication with the associate about what the future holds for him/her in the firm.
CHECKLIST FOR REVIEWERS: ASSESSING INTERVIEW EFFECTIVENESS
AT THE BEGINNING
1. Did you create an open and accepting climate?
2. Did the associate understand the process for the interview?
3. Were both you and the associate well prepared for the interview?
DURING THE INTERVIEW
4. To what extent did you try to understand the associate?
5. Did you use broad, general questions at the beginning to open the discussion?
6. Was your feedback to the associate clear and specific?
7. Did you gain any understanding of the associate, his or her values, professional commitment, or career goals?
8. Did the associate disagree or confront you?
9. Did the interview end with mutual agreement and understanding about problems and goals for improvement?
OUTCOMES
10. Do you believe the appraisal interview strengthened your professional relationship with the associate?
11. Did the associate come out of the interview with a clear idea of how and where he or she fits into the firm?
12. Did you come out of the interview with a clearer, fairer assessment of the associate?
13. Did you learn something new about the associate?
14. Did the associate learn something new about you, the law firm, the practice of law, and the pressures that exist in the organization?
15. Do you believe that the associate is motivated to pursue the goals for improvement established during the interview?