Professional Development Programs for Law Firms

Professional Development Program Proposal for [name of firm]

prepared by:Kathleen Bradley

The Executive Lawyer LLC

© Kathleen Chouai, March 2004

Proposal Contents

Introduction Why Invest in Professional Development? ROI for Professional Development The Role of a Director

Strategic Function Job Description Interfaces Other Issues Title and/or Interfaces

Getting Started Phase One: Needs Assessment Phase Two: Developing a Firm-wide Action Plan Phase Three: Implementation of Action Plan


Proposal Contents Endless Possibilities

Training Programs for New Associates Training Programs for All Associates Training Programs for Senior Associates Training Programs for New Partners Training Programs for All Partners Training Programs for Department and Office Heads Training Programs for Lateral Attorney Hires

Some Additional Thoughts A Broader View of Attorney Development Attorney Evaluations Interface with Knowledge Information System “Options” and “Possibilities”

Resources


Introduction

"Outstanding firms are consistently able to identify, attract, and retain star performers; to get stars committed to their firm's strategy; to manage stars across geographic distance, business lines, and generations; to govern and lead so that both the organization and its stars prosper and feel rewarded."

~ Jay W. Lorsch, Thomas J. Tierney, ”Aligning the Stars”

"An empowered organization is one in which individuals have the knowledge, skill, desire, and opportunity to personally succeed in a way that leads to collective organizational success.“

~ Stephen R. Covey


Why Invest in Professional Development?

According to a study conducted by McKinsey & Co., the most important corporate resource over the next 20 years will be talent. Yet, even as the demand for the best and brightest goes up, the supply will go down.

With people being the prime source of competitive advantage, it is more crucial than ever not only to recruit the best but also to retain the ones already onboard.

Today’s law school graduates care more about training, education and mentoring than about salary. Law firms can therefore no longer rely on high salaries to attract and retain the stars.

Firms that are most likely to succeed into the 21st century are the ones that spend the most energy on attracting, developing and retaining talent.



Law schools do not adequately prepare students for practice and the students know this. Today’s young lawyers demand an environment in which they can develop marketable skills.

Intellectual capital is a law firm’s most valuable commodity. It’s people will make or break business results. It therefore needs to be:

nurtured and developed; and leveraged by:

passing on expertise to junior lawyers capturing, preserving and re-tailoring know-how for

cost effectiveness

“Treat people as if they were what they ought to be and you help them to become what they are capable of being.” ~ Johann Wolfgang Von Goethe



In a large firm with offices in multiple locations, development should be consistent across offices and departments.

By having a focused and efficient professional development program, skills and knowledge of associates can be better benchmarked and monitored.

Clients are less willing to pay “double” for the time of a senior lawyer and a junior associate.

Formal programs decrease time required to be spent by senior lawyers on training and mentoring.

Mentors are often ill equipped and disposed to provide truly meaningful training.


ROI for Professional Development

Improved ability to attract the best and brightest Improved associate job satisfaction and retention Increased client satisfaction and loyalty Decreased risk of malpractice claims resulting from

inadequate training and supervision Improved attorney performance and capability Shorter learning curve for new lawyers, making them more

productive at an earlier stage Early cultivation of business and management skills that will

over time result in development of a receptive atmosphere for devoting time, attention and effort to issues that are becoming more and more important to successful practice management


The Role of a Director: Strategic Function

What is the role of the professional development function:

“overhead” relegated to the back office; or

an integral part of the firm’s business, with a strategic role?

What will be the level of authority of the director of professional development (e.g., will the director sit on Executive Board or Committees)?

What are Executive Management’s expectations with regard to the professional development function?


The Role of a Director: Strategic Function

To support the vision of the firm and its leaders

“The very essence of leadership is that you have to have a vision.” ~ Theodore Hesburg

“You do not lead by hitting people over the head - that's assault, not leadership.” ~ Dwight D. Eisenhower

To serve as a catalyst for the firm’s leaders

"I am personally convinced that one person can be a change catalyst, a "transformer" in any situation, any organization. Such an individual is yeast that can leaven an entire loaf. It requires vision, initiative, patience, respect, persistence, courage, and faith to be a transforming leader.“ ~ Stephen R. Covey


The Role of a Director: Job Description Focal point for:

overseeing the development of ongoing strategies and initiatives with regard to recruitment, retention, development and succession;

assisting with the development of a skills and knowledge checklist on practice group levels; and

integrating laterals and junior associates.

Responsible for nurturing and keeping the best and brightest lawyers for the firm.

A neutral party for young lawyers in a competitive environment where conflict is the norm.

Ombudsman for monitoring the treatment of associates.

Provide confidential coaching/mentoring to associates and partners.


The Role of a Director: Job Description Monitor the individual growth and development of associates by

ensuring that associates: get the breadth and diversity of work assignments that they

need in order to develop their substantive skills; get sufficient client contact for the purpose of developing

client relationship and development skills; and get to work with a variety of partners.

Enhance and monitor associate evaluations on a firm-wide basis. Assist in the development of business, management and

leadership skills in partners. Administer programs for recognition of achievement by

associates to demonstrate that individual efforts on behalf of the firm are noticed and appreciated.

Administer CLE requirements.


The Role of a Director: Interfaces

The professional development function should have constant interface with:

Executive management (particularly with regard to strategic decisions)

Recruitment

Information technology

Information management/library

Staff support


The Role of a Director: Other Issues

Budget for training and development programs?

Support staff for director?

Definition of firm’s culture/vision with regard to professional development?

How is this communicated to lawyers and staff? More importantly, how is it evidenced throughout the firm?

How committed are senior lawyers and partners to taking part in formal training programs for junior lawyers?

Is there an internal policy manual with regard to training, mentoring, ethics, quality, etc.?


The Role of a Director: Title and/or Interfaces

Director of Professional Development Director for Talent Development Director of Associate Relations/Retention Director of Strategic Planning and Initiatives Director of Leadership Development Director of Recruitment

"The significant problems we face cannot be solved at the same level of thinking we were at when we created them.“ ~ Albert Einstein


Getting Started: Phase One – Needs Assessment Detailed inventory of existing training and development

opportunities Courses offered firm-wide and by offices and practice groups Summer associate training Orientation/induction training Allocation of work assignments to associates Performance review policies and procedures Benchmarks for associates at all stages, including at

assessment for partnership Firm policies regarding use of outside training providers (CLE) Recruiting criteria/assessment Quality control measures Preservation and use of know-how (information technology and

management)


Getting Started: Phase One – Needs Assessment

Assessment of perceptions of firm’s attorneys with regard to training and development programs and needs

Confidential in-person interviews of selected management, supervising attorneys and junior attorneys

Identification of needs

Identification of what is and is not working

Assessment of gaps

Assessment of any formal mentor program and/or process of partner level oversight of associate professional development


Getting Started: Phase Two – Developing a Firm-wide Action Plan Identify detailed steps to be taken to implement program Action Plan to consider

Substantive training requirements at all levels Skills training (management/business skills and soft skills) Transactional, cross-departmental training Ethics and professional responsibility training Quality control Orientation Allocation of work assignments to associates Mentoring and coaching Attorney performance benchmarks and evaluations Staffing needs


Getting Started: Phase Two – Developing a Firm-wide Action Plan Make specific recommendations as to

Training to be provided in-house and externally Training videos eLearning Senior lawyers available and appropriate for

conducting in-house training programs Integration of training and development with

mentoring and review Collaboration with IT and Information Management Internal support required to implement Action Plan

Set timetable for implementing processes and programs Work with Executive Committee on means for

communicating commitment and goals to associates


Getting Started: Phase Three – Implementation of Action Plan Design results-oriented programs in substantive areas of law,

business and management skills and soft skills based on Needs Assessment and Action Plan

Design orientation programs for new lawyers and lateral hires Recruit and develop senior lawyers as in-house faculty Develop annual schedule of available programs Enlist crucial support of Management firm-wide Train Mentors (and possibly Career Development Partners) on

requirements Evaluate and improve existing training on a systematic basis Coordinate with outside training providers and manage CLE

credit Communicate benchmarks to associates


Endless Possibilities

There are endless possibilities for training programs for lawyers at all levels. Ultimately, the programs should be tailored to the specific needs identified by the Professional Development Director, working with Executive Management of the firm and the head of each practice group and office.

“The future belongs to those who see possibilities before they become obvious.” ~ Samuel Johnson

"All things are possible until they are proved impossible - and even the impossible may only be so, as of now." ~ Pearl S. Buck


Endless Possibilities: Training Programs for New Associates

Orientation/Induction Firm culture/vision (image to be portrayed by both

individual attorneys and firm as a whole) Firm governance; management structure Ethics and professional standards Attorney relations (i.e., senior associates and partners; tips

for taking advantage of mentoring relationship) HR policies and benefits; incentive programs Expectations with regard to billing and time recording Staff relations; library; technology; etc.

Substantive Skills Initially, a general overview Subsequently, in-depth foundation courses


Endless Possibilities: Training Programs for All Associates Continuing substantive skill training Oral and written communication Presentation skills Negotiating skills Business and management skills

Client relationship skills Client development skills General business skills Firm operations and procedures

Management and supervisory skills Managing one’s own work (e.g., case/transaction

organization; time and stress management) Managing and supervising other’s work


Endless Possibilities: Training Programs for Senior Associates

Leadership skills, including

How to lead a deal or case

Delegation skills; supervising junior lawyers and staff

Communication skills; providing meaningful feedback

Building firm loyalty; motivating and mentoring junior lawyers

How to nurture partnership potential; firm expectations regarding partnership candidates; business planning

Marketing skills

Business management skills (e.g., quoting for work, budgeting, collections)


Endless Possibilities: Training Programs for New Partners

New partner orientation Leadership and management Marketing skills Enhancing communication skills in the areas of supervision,

giving feedback, delegation, interviewing, evaluations Coaching and mentoring skills Interviewing skills Developing effective teams

"Leadership is a potent combination of strategy and character. But if you must be without one, be without the strategy.“ ~ Gen. H. Norman Schwartzkopf


Endless Possibilities: Training Programs for All Partners Ongoing development of skills in:

Substantive areas Leadership Business and management Team building Marketing Communications

The leaders who work most effectively, it seems to me, never say "I." And that's not because they have trained themselves not to say "I." They don't think "I." They think "we"; they think "team." They understand their job to be to make the team function. They accept responsibility and don't sidestep it, but "we" gets the credit…. This is what creates trust, what enables you to get the task done.” ~ Peter Drucker


Endless Possibilities: Training Programs for Department and Office Heads Leadership and management

How to run an office or department Systems and procedures Business and marketing plans Oversight Reporting requirements of head office Staffing

“Leadership is the art of getting someone else to do something you want done because he wants to do it.“ ~ Dwight D. Eisenhower

“Inventories can be managed, but people must be led.” ~ Ross Perot


Endless Possibilities: Training Programs for Lateral Attorney Hires

Orientation program similar to program for new associates, but geared toward more experienced attorneys


Some Additional Thoughts: A Broader View of Attorney Development

It is no longer sufficient for lawyers to be superb specialists in their substantive areas of practice; they must also have good:

business and management skills; and

leadership skills.

Most lawyers coming to a law firm straight from law school have none of these skills.

In order to provide high quality service to their clients, lawyers much develop and implement business and management practices appropriate to the complex and dynamic nature of today’s legal environment.



Why business and management skills?

Clients demand that their lawyers have this knowledge.

Lawyers need to be able to adapt to the complex and every-changing demands of the marketplace.

Lack of business knowledge and skills creates:

significant legal and managerial problems for the firm, resulting in lost profits; and

an organizational climate within the firm resistant or indifferent to the development and implementation of good business practices.


Some Additional Thoughts: A Broader View of Attorney Development Why leadership skills?

Lawyers at top tier firms all have high IQs. So what is the difference between those that excel and those that are mediocre? Recent studies comparing star performers with average ones in senior leadership positions indicate that nearly 90% of the difference in their profiles was attributable to emotional intelligence factors (EQ) rather than cognitive abilities.

EQ includes self-management skills, i.e., self-awareness, self-regulation

and motivation; and the ability to relate to others, i.e., empathy and social skill.

Unlike IQ, which is fixed at birth, EQ can be learned with the help of a coach and a sincere desire and concerted effort on the part of the individual.



Some thoughts on leadership development:

“The most dangerous leadership myth is that leaders are born -- that there is a genetic factor to leadership. This myth asserts that people simply either have certain charismatic qualities or not. That's nonsense; in fact, the opposite is true. Leaders are made rather than born.” ~ Warren G. Bennis

“Setting an example is not the main means of influencing others; it is the only means.” ~ Albert Einstein

"In organizations, real power and energy is generated through relationships. The patterns of relationships and the capacities to form them are more important than tasks, functions, roles, and positions. “ ~ Margaret Wheatly


Some Additional Thoughts: Attorney Evaluations

Does each practice group have established benchmarks for the skills, knowledge, experience and training (both legal and non-legal) that associates need to meet at different stages of their careers?

Are these benchmarks uniform across offices and practice groups? Are evaluations recorded on a uniform basis?

Do individual associates set their own development goals and take responsibility for achieving them?

When a weakness is identified, what support is given to the individual attorney to develop strength in that area?

Is there a formal process for associates to learn about partnership potential?


Some Additional Thoughts: Interface with Knowledge Information Program The practice of law in the 21st century requires highly educated

lawyers with highly refined tools.

Technology should be integrated into every lawyer’s day-to-day practice in a way that fundamentally improves how they learn and work.

A cross-disciplinary team composed of leaders of the firm’s education, technology and library functions should work to coordinate these functions and to integrate technology for increased lawyer efficiency.

Practice groups should have representatives that work with the education, technology and library functions to streamline the use of forms, precedents, etc.

Lawyers need to be trained not only in emerging technologies of practice, but also in how best to work and learn in the changing technological environment.


Some Additional Thoughts: “Options” and “Possibilities”

Law firms need to focus on the realm of “possibility”, not be limited by “options”.

Everyone has options. They are a fixed set of predetermined scenarios, points of view, perceived limitations that already reside in your data bank. If you depend on your options to formulate your future, that future will be no more than a rearrangement of your past.

Possibilities are completely different. When you ask, “What is possible?”, you must stretch your imagination out of the confines of the familiar.

To build a business in the 21st century, ask not, “What are my options?” but “What is possible?”. When you ask the right question, the possibilities are endless!


Resources Law Firm Practice

“Economic Recovery May Re-Ignite the Talent Wars”, Sidebar for Law Leaders, January 2003, http://www.nalpfoundation.org/webmodules/archive/gallery.asp?categoryid=3

“Report on the Task Force on Lawyers’ Quality of Life”, prepared by The Task Force on Lawyers’ Quality of Life of the Association of the Bar of the City of New York, http://www.abcny.org/taskforce.html

Carlson, Marian, “Making the Most of Professional Growth”, The Docket, Vol. 25, No. 8, September 2003, www.denbar.o9eg.docket.2003/september/professionalgrowth.htm

Chester, Simon and Tarlton, Marilyn Astin, “The Territory Ahead: 25 Trends to Watch in the Business of Practicing Law”, ABA Law Practice Management Magazine, 1999, http://library.lp.findlaw.com/articles/file/00964/006623/title/Subject/topic/Legal%20Practice_Other/filename/legalpractice_1_331


Resources Law Firm Practice

Chitwood, Stephen R. and Cottlieb, Anita F., “Teach Your Associates Well: Developing a Business and Management Skills Curriculum for Law Firm Associates”, Association of Legal Administrators, http://www.alanet.org/periodicals/pf_article.html

Cotterman, James D, “Practice Management Primer”, ABA Law Practice Today, December 2003, http://www.abanet.org/lpm/lpt/articles/mgt12033.html

Lorsch, Jay W. and Tierney, Thomas J, “Aligning the Stars” Richards, Larry, You’ve Got Personality: Managers Harness Strong

Lawyer Personalities to Create the Greatest Attorneys”, Association of Legal Administrators, http://www.alanet.org/periodicals/jul_aug_article1.html

Tarlton, Merrilyn Astin, “Big Idea: Getting Invested in Professional Development”, ABA Law Practice Management, www.abanet.org/lpm/mo/premium-ep/magazine/articles/v29is7an15.html


Resources

Talent Acquisition, Development and Retention

“The Care and Feeding of Talent”, FastCompany, www.fastcommjpany.com/ftalk/carefeeding.html

Fishman, “The War for Talent”, FastCompany, Issue 16 August 1998, www.fastcompany.com/magazine/16/mckinsey.html

Herzberg, Frederick, “One More Time: How Do You Motivate Employees?”, Harvard Business Review, January 2003

Reingold, Jennifer, “What Counts in a Job Now”, FastCompany Web Exclusives June 2001, www.fastcompany.com/articles/2001/06/whatcounts.html

Schwartz, Tony, “How Do You Feel”, FastCompany, Issue 35 June 2000, www.fastcompany.com/magazine/35/emotion.html


Resources

Career Development and Management Drucker, Peter F., “Managing Oneself”, Harvard Business Review,

March-April 1999

Loehr, Jim and Schwartz, Tony, “The Making of a Corporate Athlete”, Harvard Business Review, January 2001

Keegan, Robert and Lahey, Lisa Laskow, “The Real Reason People Won’t Change”, Harvard Business Review, November 2001

Argyris, Chris, “Teaching Smart People How to Learn”, Harvard Business Review, May 1991


Resources

Leadership Collins, Jim, “Level 5 Leadership: The Triumph of Humility and

Fierce Resolve,” Harvard Business Review, January 2001

Goleman, Daniel, Boyatzis, Richard and McKee, Annie, “Primal Leadership: Realizing the Power of Emotional Intelligence”, HBS Press Book (2002)

Goleman, Daniel, “Leadership that Gets Results”, Harvard Business Review, August 2000

Goleman, Daniel, “What Makes a Leader”, Harvard Business Review, November-December 1998


Resources

Communication Skills

Drucker, Peter F., “The Information Executives Truly Need”, Harvard Business Review, January-February 1995

Jackson, Jay M. and Strober, Myra H., “Fear of Feedback”, Harvard Business Review, April 2003

Tannen, Deborah, “The Power of Talk: Who Gets Heard and Why”, Harvard Business Review, September 1995

Teamwork

Katzenback, Jon R. and Smith, Douglas K., “The Wisdom of Teams”, Harvard Business School Press (1994)


Resources General Business

Collins, Jim, “Good to Great: Why Some Companies Make the Leap . . . and Others Don’t”

Goleman, Daniel, McKee, Annie and Boyatzis, Richard E., “Primal Leadership: Realizing the Power of Emotional Intelligence”

Professional Development Programs for Law Firms

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