Page 7 - Law Firm Management

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Law Firm Management | MONDAY, MAY 9, 2016 | S7

Associate
The information and knowledge imparted to integrating the right platforms and Compare the two scenarios with Mr. Smith
customizing them to our needs.
at these events can help legal COOs navigate and Sarah. In each one, Mr. Smith is deeply
the ELM sector, make strategic investment • David Allen, Senior VP and Deputy GC critical of her failure to deliver the Apex
decisions, and help their organizations evolve at MassMutual:
« Continued from page S5
memorandum on time. However, the con-
to the next level. Most important, though, Firms that focus on operational aspects of Mr. Smith: “Good. That will be the rule trasts between them are, indeed, stark and
the law irm organizing events like these is their relationships with corporate clients we follow. Is there some way I could have compelling. In the irst scenario, Mr. Smith has
helping the client’s legal COO be successful are differentiating themselves. For years, been of more help to you when making the left Sarah extremely demoralized and fearful;
in his or her job. This creates a deeper bond MassMutual and Goodwin Procter have assignment?”
without doubt, her self-esteem suffered. She
with the client and leads to a strengthened Sarah: “Well, I really wasn’t sure of the can no longer have a positive relationship
relationship.
worked closely together on transactions, due date. You said ‘a week or so’ and I didn’t
litigation and diversity initiatives. Recent- with Mr. Smith and, despite her great poten-
Sharing Risk/Reward Investment with ly, the relationship has been enhanced as exactly know what that meant. I know I should tial as a lawyer, Sarah may very well begin
Clients. Alternative fee structures, like the a direct result of both entities’ concen- have asked you to be more deinite.”
to look for a position with another law irm.
traditional billable hour arrangement, trated efforts on eficiency. Quite simply, Mr. Smith: “That’s a good observation In the second scenario, Mr. Smith criticizes
are about more than just price. Any fee Goodwin demonstrates that they “get it” Sarah. I’ll try to be more deinite next time. Sarah for dropping the ball, but he has the
arrangement should involve shared risk by empowering their COO, Mike Caplan, Also, do you think it would have helped to character to understand that the confronta-
and reward, detailed project management to build the operational bridge with their have a deinite check-in date ahead of the tion can be immensely productive if handled
and advance planning, closer alignment clients by partnering and consulting on due date so we could both see how you are with the right combination of directive and
between law irms and clients on goals progressing?”
new challenges in the rapidly evolving
supportive statements and behaviors. Sarah
and objectives, and consistent two-way Sarah: “Yes, that would have helped me surely understands the gravity of her failure
communication.
a great deal.”
to deliver a memorandum but, as she stated,
Partnered investment in risk/reward for Mr. Smith: “Anyhow, I didn’t get the memo she concludes that it has been a great learn-
law irms means proactively pitching it to There is no magic bullet that and that left me in a dificult position with the ing experience for her, especially concerning
clients rather than passively responding to client. Since I didn’t know how much progress how she should communicate with partners
it. It is work that needs to be done together, guarantees success, but the you had made, I had to arrange for someone who are giving her assignments. As a result of
with full transparency and as part of a trusted else to drop what he was doing and to give
advisory relationship.
cornerstone for all fee ar- me a memo by early morning. You really left this more enlightened confrontation, Sarah’s
There is no magic bullet that guarantees rangements is trust. Trust
me no choice because Apex was waiting for self-esteem and morale is likely to improve,
and her next performance will probably be
success, but the cornerstone for all fee is essential during both the an answer.”
improved as well. And for sure she is not going
arrangements is trust. Trust is essential Sarah: “I really am sorry, Mr. Smith, for to want to leave Smith & Jones for another
during both the development and execution development and execution dropping the ball. That should not have hap- law irm as a result.
phases. It ensures a win-win engagement that phases.
pened, and I fully understand and appreciate In conclusion, there are many dos and
incorporates the interests of both client and what you had to do. But I assure you that this don’ts for associate reviews. And, of course,
law irm, and results in value and predict- has been a good learning experience for me,
ability. Strategic alignment, accurate scop- legal service delivery model. This places especially on how I need to communicate each situation is unique because of the nature
ing, active tracking and matter management, with partners. Rest assured that this won’t of the associate’s failure or deiciency, and the
and consistent and timely communication the irm at a strategic advantage in terms happen again.”
characters and personalities of the assigning
of our selection of counsel.
partner and associate. Nevertheless, the prin-
are also critical.
Mr. Smith: “I hope you have learned from ciples we outlined in our earlier article relat-
These are just some of the ways Goodwin • Darren Guy, Global Legal COO at McGraw this experience. Even I learned something ing to the making of associate assignments,3
Procter is engaging with clients to provide Hill Financial:
about how to make my associate assignments and now here relating to negative criticism
a full-service approach that leverages both Goodwin’s ability to collaborate in the clearer.”
or feedback, are likely to apply in most of
lawyers (the practice of law) and professional legal operations space only enhances Sarah: “Thanks Mr. Smith. I am eager to
staff (the business of law). Goodwin hears their overall effectiveness as a complete have another opportunity to work with you.” these situations. The paramount challenge
consistently from clients on the value of this legal services provider. They remain Mr. Smith: “Sarah, Smith & Jones hired you for the partner is to igure out how to deliver
approach:
because we believed you have great potential the bad news in a manner that will build the
excellent partners to us.
self-esteem and morale of an associate who
• Mati Gill, Global Legal COO and Senior as a lawyer. You went to ine schools and has failed at a speciic task, while continuing
Director of Government Affairs at Teva Phar- The beneits accruing from the full-ser- have an excellent track record of success. to maintain a positive and constructive rela-
maceuticals:
vice client partnership model also include Let’s hope that this experience is just an tionship. While there is no guarantee that the
Legal technology platforms have become enhanced business development efforts, aberration. If this type of problem recurs associate will improve her performance as a
critical enablers for corporate legal increased collaboration among a irm’s attor- we will have to reevaluate our relationship
groups in global companies. Having a neys and professional staff, and, as a result, with you, but I expect this won’t happen. I result, it is almost certain that the likelihood of
partner with an intimate understanding a stronger institutional culture.
don’t want to understate the seriousness of
greater associate performance and growth is
of our business needs is of extreme value Law irm partners will always lead the what occurred.”
signiicantly higher when these ive principles
client relationships and business develop- Sarah: “I understand that I failed you in
are followed.
for Teva Legal Group. Goodwin Procter
helps us navigate the multiple offerings ment work, but the smart ones know that this instance but I appreciate your advice, •••••••••••••••••••••••••••••
available on the market—billing, matter the folks on the assembly line putting on instruction and words of encouragement. I
management, document review, etc. They the tires are just as important as the people hope we have a chance to work on something 1. Marc S. Friedman, Natalie Loeb and Gordon Loeb, “Improving Morale: Five Rules for Making Associate As-
advise on processes, vendor selection selling the car. If the tires are not on right, together real soon.”
signments,” N.Y.L.J., March 21, 2016, available at http://
and overall implementation. Led by Chair- the salespeople and the organization are Mr. Smith (moving toward the doorway www.newyorklawjournal.com/id=1202752343250.
man David Hashmall, Goodwin Procter going to suffer.
and opening the door): “Thank you for your 2. We also suggest that when the interaction is be-
is an important partner. COO Michael And for law irms looking to succeed in time, Sarah, have a good afternoon.”
tween a partner and associate of different genders, the
today’s market, full-service performance for Sarah (feeling encouraged even with the ofice door remain open unless it is a glass door and the parties can be viewed from the outside. This will reduce
Caplan brings indispensable corporate clients is truly where the rubber meets the negative criticism): “Thanks Mr. Smith. I look the likelihood of allegations of sexual harassment or the
experience and sees applicable solutions like that might be asserted by a disgruntled associate.
through our eyes—a tremendous help
road.
forward to your next call.”
3. Supra note 1.

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