Virginia Lawyers Weekly

Lawyers are often stunned when a valued employee unexpectedly resigns. In many cases, the departing staff member sent prior warning signals but the responsible lawyers failed to investigate or, worse, did not take the warnings seriously. The risks of such surprises can be significantly lessened by improving lawyer-staff relations.

For their part, lawyers should promote and ensure open, honest and constructive communication with their staff. They need to treat each employee as a vital and respected member of the firm. Likewise, staff members should disclose and handle work problems forthrightly and professionally. They need to work as good team players with the firm’s best interests at heart. Here are guidelines for achieving these ends and establishing and maintaining a well-oiled, firm-wide team.

The lawyer’s role

It is vital to review the strengths and weaknesses of lawyer-staff relations within one’s firm. Lawyers need to understand their employees’ jobs, encourage them to learn and grow and be perceptive in assessing needs. You can start with the following points.

Teach and train the staff. Lawyers have an ongoing duty to train their staff. At the onset of their employment with your firm, and periodically thereafter, set aside time to teach assistants the ins and outs of their job responsibilities. Provide written job descriptions to every employee, and revise them promptly if duties change.

Make sure your employees learn the firm’s office and risk management policies and systems. Along with the computer system and telephone procedures, this can include docket and calendar control, file management, the conflicts of interest system, firm security, documentation essentials and the proper use of checklists.

In addition, be certain staff understands the importance of excellent client relations. Set a continuous good example by returning phone calls promptly, keeping clients regularly informed and being on time for appointments.

And of course, provide regular feedback to assistants regarding the quality of their work through regular staff meetings and evaluation sessions.

Educate staff on legal responsibilities. Lawyers should require each employee to read the Rules of Professional Conduct — and then give all staff sufficient opportunities to get answers to their questions about the Rules.

Make sure that employees are able to distinguish between what is and what is not the offering of legal advice. For example, tell them that they may explain legal processes to clients, but they may not advise clients regarding their rights and duties in relation to another, represent clients in court, or select which documents are appropriate for a client’s legal situation.

Inform your staff of the absolute requirement that all client matters be kept strictly confidential, both inside and outside the firm. Have employees sign a confidentiality form that documents supervisor-employee discussions about safeguarding confidential client information and the employee’s promise to honor his or her understanding that a breach of confidentiality may result in immediate dismissal.

In addition, encourage your staff to read appropriate texts on ethics, malpractice prevention and relevant areas of law. Make sure the needed materials are in your firm’s library.

Provide a positive work environment. Lawyers should be ever mindful of the responsibilities and pressures under which support staff work. Avoid the too-busy-for-you or better-than-you attitudes that promote low office morale, disloyalty and costly mistakes. (It helps to have and share a sense of humor.) Show you respect staff members’ potential by providing financial assistance for continuing education opportunities and membership in work-related associations.

Be perceptive to signs of staff disgruntlement, conflicts or other problems such as poor stress management. Watch for behaviors that impair the quality and efficiency of work.

Also, provide nonretaliatory procedures for reporting suspected substance abuse, ethics violations and similar problems.

Last but not least, show open admiration for your staff and thank them often for their contributions and jobs well done.

The staff’s role

Law firm staff wear multiple hats, from performing administrative and clerical tasks, assisting with marketing, promoting client relations and handling client complaints, to spotting potential conflicts of interest and helping avoid malpractice. The list of their contributions is lengthy. In a nutshell, a firm’s success is highly dependent on its staff.

Likewise, the good health of lawyer-staff relations is dependent on staff taking steps to promote a positive working environment. Here are guidelines for staff members.

Learn and share information. As a staff member, recognize that you play an integral role within the law practice. Know the firm’s risk management policies and systems; understand, use and respect them; and offer suggestions for improving them. Seek out and welcome educational opportunities. Join legal associations.

In addition, share personal knowledge and experiences that can benefit the firm. Raise matters of concern and share possible solutions to keep communications open with lawyers and co-staff members.

Understand the lawyer’s work life. Be sympathetic to the many pressures that lawyers experience. Understand the responsibilities they owe to clients, the firm and legal system. Avoid it’s-not-my-law-license, I’m-just-here-for-a-paycheck and other unprofessional attitudes.

Maintain the right attitude. Maintain a good sense of humor, a good balance between your professional and personal lives and a positive attitude. Remember that the law firm is not the place for popularity contests, and avoid office gossip like the plague. Respect the firm’s lawyers and other staff members, acknowledge their contributions and express your appreciation for their assistance, guidance and support.

Everyone’s responsibility

While successful lawyer-staff relations depend on many factors, the bottom line can be summed up in a few words: mutual respect and effective communication.

If lawyers and staff have genuine respect for each other and each other’s work (whether practicing law or sorting mail) and they work hard to communicate clearly and effectively, the other essential elements of good employer-employee relations will naturally fall into place.

Everyone within a law firm, regardless of title or seniority, is responsible for building and maintaining healthy, productive intrafirm relations. When everyone takes this responsibility to heart and puts it into actual practice, it is a win-win situation for the firm and its clients. Moreover, the risks of hidden dangers that can lurk within a law office, ineffective communications, sudden and harmful resignations and destructive will be greatly reduced.

***

This article first appeared in the May/June issue of Law Practice Management.

***

Nancy Byerly Jones, a former practicing attorney and certified mediator, conducts strategic planning and quality-of-life retreats for lawyers and legal staff in the mountains of North Carolina. Her website address is www.nbjconsulting.com.

© Copyright 2010 Virginia Lawyers Media. All Rights Reserved.