Management Resources FAQ

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I’m planning to move my office next year. Do you have some tips to help make this relocation as painless as possible?

See the article on "Moving Your Law Firm - A Survivor's Guide" in the WALA web site Management Resources Facilities Management section.

Disaster planning, is it really worth the time and effort?

Yes, it might be a malpractice issue if some care isn't taken for fiduciary responsibilities. If you haven't been through the exercise you won't know the value that you are missing. Local fires and other building emergencies indicate that it can happen here. Most clients have them and I suspect would be disappointed to learn that their law firm doesn't think that their client's needs are important enough to safeguard. Many of the elements of a disaster plan relate to simply providing documentation and back up of current practices and vendors. …the cost is a lot less than most think. Can actually be a marketing bullet for law firms…we feel that our clients' business is so important that we've taken these additional steps. It is a lot of work initially, but maintaining the plan (annual or semiannual updates) is really quite painless. If you don't think that they are important...think of a very good reason to tell the managing partner of your firm why you were willing to put his (and the office's) livelihood at risk.

Financial Management

I’m a new solo practitioner and have much to learn about setting up my financial accounts. The IOLTA Trust accounts have specific criteria I need to meet. Is there a user guide to assist me in this process?

The Office of Lawyer Regulation publishes a manual called, “Managing Trust Accounts and Fiduciary Accounts”. Please refer to the article in the WALA web site Management Resources Financial Section.

General Management

My practice is growing – and so are some of my accounts receivables. What are some guidelines to help me keep my practice financially healthy and cash flow in check?

For lawyers, time may be their most valuable commodity. Engagement letters, retainers, regular billing and good communication are important in keeping your practice fiscally sound. The article, “Good Client Gone Bad – When Clients Don’t Pay; Collecting Your Firm’s Receivables” found in the WALA Management Resources General Administration section is a good place to start for solid advice on initial client intake, slow paying clients, litigation, and debt collection.

How long do I need to save client files?

Records accumulating in filing areas, working areas, closets, basements, and inactive storage can cost the firm a significant amount. Establishing records retention guidelines can save money through space, staff, and equipment savings. For specific information, see the article titled “Records Retention & Disposal of Files” found in the WALA web site Management Resources General Administration section.

Human Resources

Where can I go to find out the posting requirements for laws administered by the Department of Labor?

http://www.dol.gov/elaws/posters.htm

Where can I go to find out more about how to comply with the Department of Labor’s laws and regulations?

http://www.dol.gov/compliance

Where can I go to report information on newly hired employees?

http://www.dwd.state.wi.us/uinh/

Staff salaries in your office are at or approaching the top for the local market, what can you do?

Make staff aware of the market.
Publicize other benefits
Encourage staff to validate salary ranges with local recruiters…salary.com is not valid
Consider offering combination cola and performance bonus
Consider offering other responsibilities to increase their value
Look at non-comp ways of showing appreciation, gift certificates, tickets to Summerfest, games, etc.
Consider changing system to performance based compensation.

How do you deal with attitudinal issues (other performance metrics are solid)?

Don't wait for it to get worse…nip it in the bud
Keep the focus on performance…not personal distractions or other issues.
Use email messages to communicate a team orientation.
Mention it in reviews and attach a salary consequence for not being a positive member of the team.
If they are connected to an important attorney in the firm, go to them with your plan of action first.
Focus on the good that they bring and how much that they would be if they were positive.
Give them an ultimatum with deadlines.
Do not get into a comparison game.
Make sure that there is a section in their review form to address their attitude.
Communicate…perhaps there is a problem that you are not aware of…find out all the data first and don't assume that there aren't real issues impacting the performance.

What are some non-comp ways of motivating employees?

Special events, luncheons, outings
Tickets, vouchers, etc.
Personal Days
Special Holidays
Send flowers
Involvement is a key way of engaging employees into what you are doing…improving communications is the tool to do this
Check in with the staff to determine the things that they really like as well as things that they would like to see changed.
Summer hour schedules.
Encourage their attorneys to take them to lunch a couple of times a year
Recognition programs – Employee of the quarter, an e-mail message, etc.

How do you overcome resistance to change?

Communicate the change.
Get affected parties (perhaps most resistant) involved in creating a change action plan.
Educate employees into the reasons for the change…relate to competitiveness of organization if possible.
Reassure them that training will be provided if warranted.
Empathize with the employees regarding their anxiety.
Give regular updates on what is happening with the action plan.
Change things often…the more change employees are confronted with the easier it will get for them over time.
Be available for one on one meetings to discuss concerns.
Do not summarily discount concerns…they are real for the employee.
Offer special training if appropriate…communicate it's availability.
Plan for the change, anticipate the responses and address them proactively Understand the dynamics of change.
Check in with other firms on how they have handled the change and consider using similar strategies.
Make sure that attorneys and other timekeepers understand that change is not easy for everyone and to the extent possible suggest that they be more accommodating during the transition period.

How do you deal with excessive attendance issues?

Don't wait for review time, address problem early on.
Make sure that employees understand that attendance is a component of their performance and as such will impact their salaries.
Consider adopting a "docking" policy if you do not have one.
Consider a "well pay" or perfect attendance bonus.
Celebrate those who do well with their attendance.
Have regular meetings, link consequences to expectations.
Get Attorney management involved and supportive of whatever actions might occur.
Finally, if all improvement tactics fail, cut them loose…to keep them employed sends the wrong message to those that follow the rules and could create office morale problems.

Does your firm enforce a dress standard?

Policy is only enforced if attorneys follow the same standard.
Gave up on enforcing it.
Have a booklet with picture examples with what is acceptable and what isn't acceptable.
Will send them home on the second offense.
Will dock employees if they continue to arrive inappropriately dressed.
Consequence for salary administration.

Telecommuting, what works, what doesn’t?

Confidentiality is an issue.
Remote dictation is being used in the medical industry with great success.
When files are needed, it complicates the process.
Can be a great asset for overflow/unexpected needs.
Contractor arrangements can potentially create malpractice issues if they are working with other organizations.
Works great for attorneys, less so for other support staff.
Technology makes it very easy to do now…Citrix, Internet-based application.

What are the elements of an effective employee selection process?

Standardized job description with essential functions…provide in the interview.
Multiple hurdle selection process\consensus decision making.
Behaviorally based, open-ended questions that relate to previous jobs.
Stay away from anything that might be construed to be non-job performance oriented.
Standardized interview guides and processes for all applicants.
Standardized reference checking procedures and forms.
If you are using recruiters, give them very precise instructions…hammer them if they don't do their job.
Use any testing tools systematically for all applicants for a given position.
Give the applicants a reasonable time frame for follow up.
Do not leave second tier candidates hanging…make them aware as soon as you know.
Ask for final questions of them before you offer the position.
Know how negotiable you can be before you make the offer.
Meet in a room that is free from distractions and phone calls.
Keep the interview time frame effective…have other interviewers ready to go.
Make the candidate feel comfortable.

What is your experience with 360 degree reviews?

Limited. But it is hard to get consistent feedback from vendors and other suppliers. With the focus on client service it is a good idea as everyone has an impact on our ability to deliver service to our clients.

What can you do to address the prima donna in your office?

Get the management committee on the same page.
Communicate clear and consistent expectations. Get support to enforce these.
Meet with employee…tell him/her of the perception that is prevalent.
Create consequences for not being a team player.
Make sure that there is a team orientation dimension in your performance appraisals.
Make an example once and you will likely not have to do it again with the same person.

What is the most effective way to address an employee hygiene issue?

Indicate that you are as uncomfortable communicating it as they are likely hearing about it.
If possible talk of the issue in terms of perceptions…not necessarily agreeing or disagreeing with it.
Do not let the problem languish…indicate to the employee that you suspect that it is a one-time occurrence but it is your responsibility to make employees aware of such issues when they arise.
Offer resources to help.
One employee had an odor issue, but it related to her not getting her clothes dry cleaned often enough…once she was aware of it the problem went aware.
Perfume is easy to address…as a lot of people are sensitive to different scents.

What purpose do reference checks serve?

They validate what you believe to be the case.
Try and have 3 business and 2 personal references completed before the offer is made.
Standardized questions.
Contrary to popular belief…you do get much more than you'd think…even from personal references.
Can assist you in identifying gaps in employment.
Can perhaps learn about a weakness before they start…which could be part of a development plan for the new employee.
They tie the entire process together.
You can verify information on resumes and applications.
Some organizations offer fidelity bonds if the references are done.
You can potentially create malpractice or other negligence problems if you don't do them.

Do client-service teams work?

Absolutely. More client-centric where everyone knows the client needs and hot buttons.
Better cross-training….less reliance on any one individual.
Enhancing the client's perception of the firm…feel more important.
Engages different skill sets for clients that might not otherwise be available.
Affords more cross-training between other practice areas.
Better for disaster planning to have others aware of the client needs and matters.

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