Improve Professional Development: Conduct A Formal Associate Program Evaluation

Gone are the days of the Internet chat rooms for disgruntled associates. Gone are the multitude of public surveys where law firms learned, only after survey publication, how poorly associates rated their firms in terms of professional satisfaction.

These days, associates are less vocal about their dissatisfaction with their firms and the opportunities afforded them for professional development. Nonetheless, associates are still on the move, and firms continue to struggle to find effective ways to retain them.

Firms are painfully aware of the high cost of attrition (most experts estimate attrition costs at approximately $250,000 per associate), so more firms are being proactive. Many have made significant investments in improving their associate programs, including hiring Professional Development Administrators. Now, rather than ignoring issues related to professional development and satisfaction, firms are evaluating all aspects of their associate programs. They no longer want to leave the surveying to someone else.

This article describes the benefits of evaluating your associate program, how firms go about conducting these evaluations and what firms have learned that may help your firm do a better job of professional development and retention of associates.

Benefits of Conducting a Formal Internal Evaluation

Conducting an internal study provides associates with a forum to offer constructive feedback ' a much better alternative than the typical griping that occurs and creates a negative undercurrent throughout the firm.

Communication is essential for any successful organization. Creating opportunities for open communication in a safe environment builds trust and increases leaders' ability to lead.

Associate feedback provides firm management with specific guidance regarding where investment in improvements in the associate program should be made, and what the priority issues are.

The mere fact that the firm takes the time to ask, boosts associate morale.

And as mentioned earlier, would you rather find out what your associates think from your associates or from the legal media?

What Does Such an Evaluation Entail?

The depth and level of detail of this type of study varies from firm to firm. These questions are critical, however, and must be decided at the outset. Once the firm determines the scope of the evaluation, it should conduct some preliminary information gathering and introduce the study to the associates ' most likely at a kick-off meeting.

Information Gathering

Law firms should begin the evaluation process by organizing and analyzing associate demographic information. This includes looking at associate attrition rates for the last 5-7 years. The firm should evaluate demographic information to see if there are obvious groups that seem more affected than others ' for example, males versus females, younger associates versus senior associates, etc. The firm should also look at employment policies and determine whether they need updating or clarification. The firm should review any written information regarding its associate compensation system and bonus program to see if it is clear and easy to understand. It should also review any formal professional development policies and all written materials regarding its mentor program. Finally, the firm should look at its recruiting practices and systems and determine whether there are any deficiencies. After reviewing this information, the firm should be able to make some initial observations and identify preliminary areas for improvement.

Kick-Off Meeting

The kick-off meeting to introduce the evaluation to associates is crucial for several reasons. This meeting will set the tone for the project. If the message communicated to associates is one of excitement and enthusiasm for the project, associates will respond in kind. If the firm rolls out the project in a manner that implies that it has taken it on begrudgingly or half-heartedly, the evaluation will have significant problems from the start.

The initial meeting is the perfect time to set the parameters for the project and manage everyone's expectations. In addition to communicating the logistics and timelines for the study, the firm can tell associates what they can expect as a result of the study. This is often difficult, as it is not easy to predict what issues will arise. The firm can, however, let associates know exactly what information will be reported back to them and how the firm will communicate its decisions in any areas of concern.

This meeting is also the appropriate time to discuss confidentiality. In order to achieve the highest level of participation and the most candor, there must be absolute confidentiality for all survey responses.

Surveys

The best and most efficient means to gather information from associates is to systematically and confidentially survey them regarding their perceptions and the issues they are facing. A comprehensive survey will assist the firm in developing programs to improve retention, morale and productivity. The results of such surveys have been extremely positive for the firms that have undertaken them. They have enabled firms to specifically gauge morale and identify concerns, and to plan effective means by which to deal with them.

Survey topics may include:

• Overall Satisfaction. Is the associate satisfied with his/her experience at the firm overall?
• Relationships with Partners. How would associates describe their working relationships with partners? Are there appropriate levels of communication?
• Work Allocation, Training and Guidance. Is work allocated equitably? Do associates receive practical training and guidance from partners (and senior associates)? Are formal training programs adequate?
• Feedback. Do associates receive meaningful feedback in their formal annual or semi-annual evaluation? Do associates receive meaningful feedback on an on going basis?
• Professional Advancement. Do associates have adequate opportunities for advancement in the firm? What qualities do associates perceive to be the most important for advancement?
• Relationships Among Associates. How effective is communication among associates? How do relationships among associates affect the work environment?
• Compensation. Does the firm's compensation system adequately reward the behavior the firm hopes to encourage?
• Communications. How do associates rate communications between partners and associates? Between firm management and the rest of the firm?
• Work/Life Balance. All professionals experience conflict between their professional and personal life. Is this conflict unreasonable in your firm?

When surveying associates, do not overlook the intrinsic factors that lead to job satisfaction for professionals. For example, does the job provide the associate with opportunities for early successes, thereby providing a sense of achievement? Does the associate have some autonomy ' a critical element for lawyers? Conversely, does the associate have adequate supervision? Do associate assignments provide sufficient variety and challenge? Is the associate's practice group or department appropriate for his/her strengths? Factors such as these can be the primary drivers for associates seeking employment elsewhere.

Finally, do not expect the worst, but be prepared to deal with any problems that surface. Positive results can be publicized on the firm's Web site and in marketing materials. The firm can also use the survey results in summer associate and lateral recruiting efforts.

Focus Groups

Focus groups allow the firm to delve deeper into issues raised in survey responses. They also give the associates an opportunity to share ideas with each other. They will draw into focus contrasting views of various groups working in the same environment. They also help determine perceptions of key issues and assess the firm's readiness for change. The more participation in these groups, the more successful the outcome will be. If your firm has experienced high levels of attrition, it may be valuable to interview former associates. It is also beneficial to interview partners involved in firm management as part of the study.

Obviously, focus groups do not provide the same level of confidentiality as a written survey. If the culture of your firm does not include high levels of trust, associates may not feel comfortable discussing issues in the presence of their colleagues. If focus groups are facilitated by a third party, results can be presented to the firm in terms of the themes or issues that arose ' eliminating the danger of individual opinions being relayed to firm management. To encourage discussion regarding more sensitive issues, participants should be offered individual, confidential interviews if there are issues they do not feel comfortable sharing in the presence of their peers.

Who Would Conduct Such a Project?

As mentioned above, many firms now employ a full-time professional development administrator. This person is typically in charge of all aspects of lawyer professional development, including continuing legal education, in-house training, mentor programs, skills development, etc. The administrator also typically acts as a confidant and counselor to associates and in many instances would be the best internal person to conduct the evaluation.

Other firms use outside consultants to conduct these evaluations. There are several benefits to a third-party review. First, consultants are generally equipped to administer and tabulate surveys more efficiently. For associates, there is a higher level of trust in the confidentiality of their responses. Consultants have the benefit of having worked with many other firms and can provide objective opinions as to the severity (or lack thereof) of associate problems, based upon their experience. Finally, for firms without personnel to conduct the evaluation, the use of consultants prevents it from investing substantial partner time on this non-billable endeavor.

Follow Up

How you follow up on the issues raised is the most important part of this process. It is clearly better to not conduct an evaluation of this kind than it is to conduct the evaluation and do nothing about the issues raised. By asking associates to take the time to complete surveys or attend a focus group meeting, expectations are that there will be something for them in return.

We suggest that you share as much of the survey results and focus group highlights as you feel comfortable doing. Tabulated survey results can be shared in their entirety. Written comments, though anonymous, can sometimes be traced to their authors. (For example, “My life as an associate would be noticeably improved if my office were not next to partner X's.”) So, if written comments are to be shared, participants should be advised as such before the surveys are distributed, and any written comments that may be attributable to an individual should be redacted from the report. Once again, highlights of focus group results can be shared, preferably in terms of any themes or major issues that may have arisen.

Naturally, it will be impossible to address all or even most of the concerns raised in the program evaluation all at once. The firm should make a thoughtful assessment of the survey results and prioritize what needs to be done. It should then share with associates what it plans to do and update them regularly on the progress being made.

What We Have Found

There is no magic formula for creating an effective associate program. Generally, it is most important that you create an environment that allows associates to succeed, develop professionally and have a proper balance between work and family life. The keys to achieving these goals vary and depend heavily on your firm's culture and core values.

There are, however, several critical factors cited by associates in nearly every associate evaluation:

• Challenging and Sophisticated Work. Associates want the opportunity to handle such work and have meaningful client contact early in their careers.
• Orientation Process. Associates would like a strong orientation process that covers everything from administrative information (how to work the copier if you are working late) to timesheets and billing, to things not found in the employee handbook, such as the firm's stated mission.
• Formal, In-House Training Programs. Associates generally ask for substantive, practice-specific programs early in their careers and more advanced training later, such as marketing, management and leadership training.
• Constructive Evaluation and Feedback. Most associates request regular, practical feedback (on a project basis, for example), in addition to formal evaluations.
• Criteria for Partnership. Obviously, a specific formula is neither practical nor advisable. However, associates often ask for more guidance and feedback on their progress toward partnership than they have so far been given.
• Better Mentoring. Most associates say they would benefit from a more formal mentor program, with an abundance of communication and clearly articulated expectations for the mentor, the mentee and the overall relationship.
• Uniform Experience for All Associates. This issue is most often raised in terms of the equitable allocation of work. It often becomes an issue in firms where practice groups and partners have little oversight from firm management regarding behaviors and processes.
• Competitive Compensation System That is Easy to Understand. Rather than asking simply for more money, many associates ask for a simple system that rewards behavior that is consistent with the firm's strategic direction and goals.
• Management Communication. Most associates say that they would feel a greater sense of loyalty to the firm if they received more communication from management about the firm's strategy, major changes, the impact of external economic changes and other important issues.
• Culture. Most associates look for collegiality, encouragement and respect in their work environment. A supportive atmosphere and commitment to work/ life balance is also important to both male and female associates.

Conclusion

There is no substitute for systematically scrutinizing the issues surrounding the professional lives of associates. These issues have a direct bearing on both recruiting and retention, and of course, on the overall and future success of the firm.

Gone are the days of the Internet chat rooms for disgruntled associates. Gone are the multitude of public surveys where law firms learned, only after survey publication, how poorly associates rated their firms in terms of professional satisfaction.

These days, associates are less vocal about their dissatisfaction with their firms and the opportunities afforded them for professional development. Nonetheless, associates are still on the move, and firms continue to struggle to find effective ways to retain them.

Firms are painfully aware of the high cost of attrition (most experts estimate attrition costs at approximately $250,000 per associate), so more firms are being proactive. Many have made significant investments in improving their associate programs, including hiring Professional Development Administrators. Now, rather than ignoring issues related to professional development and satisfaction, firms are evaluating all aspects of their associate programs. They no longer want to leave the surveying to someone else.

This article describes the benefits of evaluating your associate program, how firms go about conducting these evaluations and what firms have learned that may help your firm do a better job of professional development and retention of associates.

Benefits of Conducting a Formal Internal Evaluation

Conducting an internal study provides associates with a forum to offer constructive feedback ' a much better alternative than the typical griping that occurs and creates a negative undercurrent throughout the firm.

Communication is essential for any successful organization. Creating opportunities for open communication in a safe environment builds trust and increases leaders' ability to lead.

Associate feedback provides firm management with specific guidance regarding where investment in improvements in the associate program should be made, and what the priority issues are.

The mere fact that the firm takes the time to ask, boosts associate morale.

And as mentioned earlier, would you rather find out what your associates think from your associates or from the legal media?

What Does Such an Evaluation Entail?

The depth and level of detail of this type of study varies from firm to firm. These questions are critical, however, and must be decided at the outset. Once the firm determines the scope of the evaluation, it should conduct some preliminary information gathering and introduce the study to the associates ' most likely at a kick-off meeting.

Information Gathering

Law firms should begin the evaluation process by organizing and analyzing associate demographic information. This includes looking at associate attrition rates for the last 5-7 years. The firm should evaluate demographic information to see if there are obvious groups that seem more affected than others ' for example, males versus females, younger associates versus senior associates, etc. The firm should also look at employment policies and determine whether they need updating or clarification. The firm should review any written information regarding its associate compensation system and bonus program to see if it is clear and easy to understand. It should also review any formal professional development policies and all written materials regarding its mentor program. Finally, the firm should look at its recruiting practices and systems and determine whether there are any deficiencies. After reviewing this information, the firm should be able to make some initial observations and identify preliminary areas for improvement.

Kick-Off Meeting

The kick-off meeting to introduce the evaluation to associates is crucial for several reasons. This meeting will set the tone for the project. If the message communicated to associates is one of excitement and enthusiasm for the project, associates will respond in kind. If the firm rolls out the project in a manner that implies that it has taken it on begrudgingly or half-heartedly, the evaluation will have significant problems from the start.

The initial meeting is the perfect time to set the parameters for the project and manage everyone's expectations. In addition to communicating the logistics and timelines for the study, the firm can tell associates what they can expect as a result of the study. This is often difficult, as it is not easy to predict what issues will arise. The firm can, however, let associates know exactly what information will be reported back to them and how the firm will communicate its decisions in any areas of concern.

This meeting is also the appropriate time to discuss confidentiality. In order to achieve the highest level of participation and the most candor, there must be absolute confidentiality for all survey responses.

Surveys

The best and most efficient means to gather information from associates is to systematically and confidentially survey them regarding their perceptions and the issues they are facing. A comprehensive survey will assist the firm in developing programs to improve retention, morale and productivity. The results of such surveys have been extremely positive for the firms that have undertaken them. They have enabled firms to specifically gauge morale and identify concerns, and to plan effective means by which to deal with them.

Survey topics may include:

• Overall Satisfaction. Is the associate satisfied with his/her experience at the firm overall?
• Relationships with Partners. How would associates describe their working relationships with partners? Are there appropriate levels of communication?
• Work Allocation, Training and Guidance. Is work allocated equitably? Do associates receive practical training and guidance from partners (and senior associates)? Are formal training programs adequate?
• Feedback. Do associates receive meaningful feedback in their formal annual or semi-annual evaluation? Do associates receive meaningful feedback on an on going basis?
• Professional Advancement. Do associates have adequate opportunities for advancement in the firm? What qualities do associates perceive to be the most important for advancement?
• Relationships Among Associates. How effective is communication among associates? How do relationships among associates affect the work environment?
• Compensation. Does the firm's compensation system adequately reward the behavior the firm hopes to encourage?
• Communications. How do associates rate communications between partners and associates? Between firm management and the rest of the firm?
• Work/Life Balance. All professionals experience conflict between their professional and personal life. Is this conflict unreasonable in your firm?

When surveying associates, do not overlook the intrinsic factors that lead to job satisfaction for professionals. For example, does the job provide the associate with opportunities for early successes, thereby providing a sense of achievement? Does the associate have some autonomy ' a critical element for lawyers? Conversely, does the associate have adequate supervision? Do associate assignments provide sufficient variety and challenge? Is the associate's practice group or department appropriate for his/her strengths? Factors such as these can be the primary drivers for associates seeking employment elsewhere.

Finally, do not expect the worst, but be prepared to deal with any problems that surface. Positive results can be publicized on the firm's Web site and in marketing materials. The firm can also use the survey results in summer associate and lateral recruiting efforts.

Focus Groups

Focus groups allow the firm to delve deeper into issues raised in survey responses. They also give the associates an opportunity to share ideas with each other. They will draw into focus contrasting views of various groups working in the same environment. They also help determine perceptions of key issues and assess the firm's readiness for change. The more participation in these groups, the more successful the outcome will be. If your firm has experienced high levels of attrition, it may be valuable to interview former associates. It is also beneficial to interview partners involved in firm management as part of the study.

Obviously, focus groups do not provide the same level of confidentiality as a written survey. If the culture of your firm does not include high levels of trust, associates may not feel comfortable discussing issues in the presence of their colleagues. If focus groups are facilitated by a third party, results can be presented to the firm in terms of the themes or issues that arose ' eliminating the danger of individual opinions being relayed to firm management. To encourage discussion regarding more sensitive issues, participants should be offered individual, confidential interviews if there are issues they do not feel comfortable sharing in the presence of their peers.

Who Would Conduct Such a Project?

As mentioned above, many firms now employ a full-time professional development administrator. This person is typically in charge of all aspects of lawyer professional development, including continuing legal education, in-house training, mentor programs, skills development, etc. The administrator also typically acts as a confidant and counselor to associates and in many instances would be the best internal person to conduct the evaluation.

Other firms use outside consultants to conduct these evaluations. There are several benefits to a third-party review. First, consultants are generally equipped to administer and tabulate surveys more efficiently. For associates, there is a higher level of trust in the confidentiality of their responses. Consultants have the benefit of having worked with many other firms and can provide objective opinions as to the severity (or lack thereof) of associate problems, based upon their experience. Finally, for firms without personnel to conduct the evaluation, the use of consultants prevents it from investing substantial partner time on this non-billable endeavor.

Follow Up

How you follow up on the issues raised is the most important part of this process. It is clearly better to not conduct an evaluation of this kind than it is to conduct the evaluation and do nothing about the issues raised. By asking associates to take the time to complete surveys or attend a focus group meeting, expectations are that there will be something for them in return.

We suggest that you share as much of the survey results and focus group highlights as you feel comfortable doing. Tabulated survey results can be shared in their entirety. Written comments, though anonymous, can sometimes be traced to their authors. (For example, “My life as an associate would be noticeably improved if my office were not next to partner X's.”) So, if written comments are to be shared, participants should be advised as such before the surveys are distributed, and any written comments that may be attributable to an individual should be redacted from the report. Once again, highlights of focus group results can be shared, preferably in terms of any themes or major issues that may have arisen.

Naturally, it will be impossible to address all or even most of the concerns raised in the program evaluation all at once. The firm should make a thoughtful assessment of the survey results and prioritize what needs to be done. It should then share with associates what it plans to do and update them regularly on the progress being made.

What We Have Found

There is no magic formula for creating an effective associate program. Generally, it is most important that you create an environment that allows associates to succeed, develop professionally and have a proper balance between work and family life. The keys to achieving these goals vary and depend heavily on your firm's culture and core values.

There are, however, several critical factors cited by associates in nearly every associate evaluation:

• Challenging and Sophisticated Work. Associates want the opportunity to handle such work and have meaningful client contact early in their careers.
• Orientation Process. Associates would like a strong orientation process that covers everything from administrative information (how to work the copier if you are working late) to timesheets and billing, to things not found in the employee handbook, such as the firm's stated mission.
• Formal, In-House Training Programs. Associates generally ask for substantive, practice-specific programs early in their careers and more advanced training later, such as marketing, management and leadership training.
• Constructive Evaluation and Feedback. Most associates request regular, practical feedback (on a project basis, for example), in addition to formal evaluations.
• Criteria for Partnership. Obviously, a specific formula is neither practical nor advisable. However, associates often ask for more guidance and feedback on their progress toward partnership than they have so far been given.
• Better Mentoring. Most associates say they would benefit from a more formal mentor program, with an abundance of communication and clearly articulated expectations for the mentor, the mentee and the overall relationship.
• Uniform Experience for All Associates. This issue is most often raised in terms of the equitable allocation of work. It often becomes an issue in firms where practice groups and partners have little oversight from firm management regarding behaviors and processes.
• Competitive Compensation System That is Easy to Understand. Rather than asking simply for more money, many associates ask for a simple system that rewards behavior that is consistent with the firm's strategic direction and goals.
• Management Communication. Most associates say that they would feel a greater sense of loyalty to the firm if they received more communication from management about the firm's strategy, major changes, the impact of external economic changes and other important issues.
• Culture. Most associates look for collegiality, encouragement and respect in their work environment. A supportive atmosphere and commitment to work/ life balance is also important to both male and female associates.

Conclusion

There is no substitute for systematically scrutinizing the issues surrounding the professional lives of associates. These issues have a direct bearing on both recruiting and retention, and of course, on the overall and future success of the firm.