Professional Development Programs As Formidable Recruiting and Retention Tools

Despite recent associate salary increases, experts say that 'today, it's not more money that is calling to these associates so much as the chance of a more balanced life, better working conditions and better opportunities for mentoring and meaningful work.' Id. Yet, law firms have been slow to implement necessary changes to stem these departures. The first step in improving retention rates is 'being smarter on the front end' of the recruiting process by presenting an honest picture of the working conditions and culture to potential new hires and then selecting qualified applicants who are a match. Id. at 23. Another key is to offer the lifestyle benefits that attorneys desire, such as in-house childcare, formal mentoring programs, flexible schedules and diversity programs (Id. at 22), all of which can be key elements in many firms' integrated
professional development programs.

It's also widely known that job satisfaction is systematically correlated with turnover. See, Aaron Cohen, Turnover Among Professionals: A Longitudinal Study of American Lawyers, 38 Human Resource Management 62 (Spring 1999). A recent study of associate attrition undertaken by The NALP Foundation details attrition rates and demonstrates just how prevalent the current problem of lawyer dissatisfaction is. See, The NALP Foundation, Keeping the Keepers II: Mobility and Manage-ment of Associates; at www.nalpfoundation.org/webmodules/articles/anmviewer.asp?a=89&z=15 (last visited Jan. 9, 2006). The study reflects associate hiring and departures from 1998-2003 as reported by a representative sample of law firms nationwide and provides in-depth information on cumulative associate attrition (i.e., the percentage of associate departures that occur over time) and annual attrition (i.e., the average percentage of associate departures within a given year). Id. Not surprisingly, the findings revealed alarmingly high rates of associate turnover. Id. Steve Gluckman, the founder of Distributed Insight Associates Inc., a company that helps law firms plan and implement online learning, and the author of E-Learning for Law Firms, recently wrote that, 'training and development are critical to any law firm's health and the satisfaction of its workers. Departing attorneys and staff, including legal administrators often cite a lack of professional development resources and learning opportunities as a major reason for leaving a law firm.' See, Steve Gluckman, Virtual Education ' More law Firms Are Pursuing Online Learning Options to Drive Career Development and Satisfaction Among Attorneys and Staff, 37 Legal Management Special Issue (2006).

Recruit and Stem the Tide of Exiting Attorneys

At Arnold & Porter LLP (A&P), a 600-lawyer firm based in Washing-ton, DC, recruiting and professional development are closely tied. One director oversees both functions to ensure that communication between the two groups is seamless when recruiting laterals and hosting fall on-campus interviews and the summer program. Since training and development are important factors for recruits when choosing a firm, A&P invites summer associates from all offices to DC for a two-day Summer Associate Training Forum. The forum is designed to provide training specifically tailored to the students' needs in order to give them a taste of what they can expect as associates at the firm. During the event, the chairman and managing partner provide information on the economics of the firm, and host a very candid Q&A to answer questions or address any concerns the students may have regarding the firm. In addition to this event, the summer associates are offered the same professional development opportunities as attorneys in the firm, such as unlimited access to in-house and Web-based training, an on-staff career counselor, pro bono and work assignment coordination. Caren Ulrich Stacy, Director of Professional Development, Recruiting and Legal Personnel, explains:

'We view summer associate training as critical for main two reasons: first, we know that the students value training, and want to come to a firm that truly believes in developing its attorneys; and secondly, the training provided during their summer serves as a foundation for their first year in practice, which benefits them, the firm, and eventually our clients since we start them on the 'learning fast-track' before they even officially start with us.'

Stacy is the co-author of Loyalty By Design, A Practical Guide For Developing An Effective Associate Integration Program, a book she wrote based on her own 14-year career and compiled of first-hand experiences at five AmLaw 100 firms supporting associate acclimation to ensure they adjusted to, and embraced, their new workplaces in positive terms, conformed to expected standards and procedures, became as productive as possible and experienced job satisfaction. See, Caren Ulrich Stacy, Fundamentals of Associate Integration, 16 NALP Bulletin (July, 2005). She calls this entire process 'associate integration,' and is viewed as an expert in the field of this vitally important law firm function. Any firm serious about improving or further developing their current attorney professional development and integration practices should view her book a must-have guide of their efforts.

Another firm recognizing the importance of melding their recruiting and professional development efforts is Fish & Richardson, a national law firm with over 400 lawyers in 10 offices known for its world-class intellectual property practice. Kelly Mixon, a nine-year veteran of the recruiting and professional development field, serves as its National Director of Attorney Hiring. She shares her thoughts on how recruiting goals have driven her firm's professional development ones:

'Attorneys at Fish & Richardson tell us that they value the training and professional development initiatives here, and so it is natural for them to tell recruits about our programs. The Fish approach to training is that it we take it very seriously, so we make it fun. That may sound like an oxymoron, but it means that we create hands-on training with hypothetical scenarios and lots of role-playing opportunities. Because professional development is of high interest to students, we showcase our training programs during the summer program. Our training is a differentiator we think helps us recruit the best attorneys. At Fish & Richardson, we give young associates meaningful work that translates into hands-on training and responsibility at an early stage in their careers. That's what young attorneys want: to learn by doing from people who do their jobs very, very well.'

Elizabeth Tingey, former training specialist at Howrey LLP, a global law firm with more than 560 attorneys, and now the manager of professional development at Andrews Kurth LLP, relays that professional development continues to play a very direct role in the summer recruiting efforts at her former firm. Howrey hosts a summer recruiting program called Bootcamp', a five-week intensive advocacy skills training program focusing on hands-on learning techniques in areas of case management, taking and defending depositions, arguing motions, and conducting trials. Each participant starts the program by spending a portion of time in their respective locations to get a feel for the workings and culture of each office and is also encouraged to participate in other firm training open to all associates as well as other social functions. The in-office portion is followed by the actual coursework of Bootcamp. All participants in each office are brought to the same location. This unique approach to training allows the summer associates to gain insight on what life will be like as a litigator at Howrey. It also provides a first-hand experience to the types of training and development Howrey offers to all associates as they rely heavily upon a 'hands-on, learning-by-doing' method for most training programs they offer.

Another professional development and recruiting expert who held a post at a Texas-based law firm before relocating to the East Coast to join a 30 year-old IP boutique shares similar observations. Brady C. Peters, attorney development & marketing manager at Lerner David Littenberg Krumholz & Mentlik, LLP, states that professional development is a touchstone of her recruiting process. She is apt to share that firms need to be cognizant of the pitfalls involved in marketing professional development to potential attorney candidates and that knowing your firm is of paramount importance in this process:

'Be realistic about where you are in professional development strategy. If you haven't perfected the bi-annual review process, then don't sell it as a recruiting tool just because it's 'hot' in the industry right now.'

She also speaks of firsthand experience ' stemming from a seven-year career in legal recruiting and professional development ' when she recommends that you poll your first-year associates and recent lateral hires to get an idea of how they perceived your firm before and after they were hired. Compiling this information to develop a message and incorporating it into your firm's recruiting materials and Web site are recommended building blocks as you identify and publicize your firm's professional development strategy. When focusing on lateral recruiting efforts, she says to remember that:

'There are senior attorneys that laterals will want an opportunity to develop from as well and they should always be highlighted as part of your internal professional development process. If you really can offer this to them, remember that recruits want to know that your firm is an 'open door' one where attorneys can walk in and strategize with more senior attorneys and partners from the get-go.'

Finally, a law firm partner deeply engaged in the recruiting efforts of her firm shares its philosophy on the importance of aligning their recruiting and professional development programs to accomplish mutual goals. Marty Smith, hiring partner of Andrews Kurth LLP, has been an active advocate in advancing her firm's attorney professional development training efforts as she determined those initiatives are the natural evolution of her firm's vibrant and successful year-long recruiting program. Over the eight years of involvement on the firm's Recruiting Committee, she has seen recruits' demand for substantive training program skyrocket. These demands are a part of what led to the development of programs designed specifically for summer clerks, including an advanced legal writing workshop and weekly, small group meetings during the summer, each of which gives an overview and provides specific practice tips in some of the firm's multiple areas of expertise. She has played a role in developing a solid and forward-thinking professional development program at Andrews Kurth, where she says:

'We're committed to helping our associates succeed and have had to deliver a line-up and allocation of resources prove it. Our professional development program is strategically designed to meet our associate's needs and interests straight on since our goal is to provide each lawyer with the training, information and tools necessary for a long and successful career at our firm. Demonstrating this commitment to prospective new hires is crucial to attracting candidates that will thrive at our firm.'

At top-rated firms, lawyer development and training has become the cornerstone of successful recruiting programs for both law school and lateral recruiting efforts. This trend assures that firms with active development programs will continue making significant investments in their attorney and potential attorney's futures via their professional development programming. Law firms whose professional development programs have recently evolved as the logical offspring of identified recruiting and retention needs and demands are actively engaged in the process of showcasing their professional development programs to their much sought-after recruits.

Law firms 'expend enormous resources recruiting law students and lateral attorneys for summer and full-time positions.' See, Vanessa L. Johnson, Paradigm Shift: Applying Human Resource Management Theory to the Large Law Firm Recruiting and Selection Process, 10 (2006). Lower than expected success rates and declining retention rates are frustrating after the tremendous time and money spent on recruiting efforts, and have resulted in some firms' re-evaluation of how to address the needs of its prospects and new attorneys. During the recruiting 'courtships,' most firms have witnessed a paradigm shift: Law students are no longer shy about telling law firms what they need and expect upon joining their privileged ranks, or about asking firms what the firm will do to ensure the professional success of its new hires. This paradigm shift is one of the most forceful factors behind the birth of the formalized Attorney Professional Development Program. The recruits' demand for more structured professional development, mentoring and other integration programming has been a strong catalyst for implementation of such programs in the law firm setting. Many firms have responded by developing, and then showcasing, their professional development programs throughout their entire recruiting process.

It's no revelation that many law firms are losing the retention battle and have been in 'catch-up' mode to execute programs to successfully retain their valued attorneys. The statistics are disheartening; studies show that '40 percent of entry-level hires today will depart their firms within three years of being hired ' 62 percent will move on after four years and 78 percent will be gone within five years of being hired.' See, Minority Corporate Counsel Association, The Myth of the Meritocracy: A Report on the Bridges and Barriers to Success in Large Law Firms, 19 (2003).

Despite recent associate salary increases, experts say that 'today, it's not more money that is calling to these associates so much as the chance of a more balanced life, better working conditions and better opportunities for mentoring and meaningful work.' Id. Yet, law firms have been slow to implement necessary changes to stem these departures. The first step in improving retention rates is 'being smarter on the front end' of the recruiting process by presenting an honest picture of the working conditions and culture to potential new hires and then selecting qualified applicants who are a match. Id. at 23. Another key is to offer the lifestyle benefits that attorneys desire, such as in-house childcare, formal mentoring programs, flexible schedules and diversity programs (Id. at 22), all of which can be key elements in many firms' integrated
professional development programs.

It's also widely known that job satisfaction is systematically correlated with turnover. See, Aaron Cohen, Turnover Among Professionals: A Longitudinal Study of American Lawyers, 38 Human Resource Management 62 (Spring 1999). A recent study of associate attrition undertaken by The NALP Foundation details attrition rates and demonstrates just how prevalent the current problem of lawyer dissatisfaction is. See, The NALP Foundation, Keeping the Keepers II: Mobility and Manage-ment of Associates; at www.nalpfoundation.org/webmodules/articles/anmviewer.asp?a=89&z=15 (last visited Jan. 9, 2006). The study reflects associate hiring and departures from 1998-2003 as reported by a representative sample of law firms nationwide and provides in-depth information on cumulative associate attrition (i.e., the percentage of associate departures that occur over time) and annual attrition (i.e., the average percentage of associate departures within a given year). Id. Not surprisingly, the findings revealed alarmingly high rates of associate turnover. Id. Steve Gluckman, the founder of Distributed Insight Associates Inc., a company that helps law firms plan and implement online learning, and the author of E-Learning for Law Firms, recently wrote that, 'training and development are critical to any law firm's health and the satisfaction of its workers. Departing attorneys and staff, including legal administrators often cite a lack of professional development resources and learning opportunities as a major reason for leaving a law firm.' See, Steve Gluckman, Virtual Education ' More law Firms Are Pursuing Online Learning Options to Drive Career Development and Satisfaction Among Attorneys and Staff, 37 Legal Management Special Issue (2006).

Recruit and Stem the Tide of Exiting Attorneys

At Arnold & Porter LLP (A&P), a 600-lawyer firm based in Washing-ton, DC, recruiting and professional development are closely tied. One director oversees both functions to ensure that communication between the two groups is seamless when recruiting laterals and hosting fall on-campus interviews and the summer program. Since training and development are important factors for recruits when choosing a firm, A&P invites summer associates from all offices to DC for a two-day Summer Associate Training Forum. The forum is designed to provide training specifically tailored to the students' needs in order to give them a taste of what they can expect as associates at the firm. During the event, the chairman and managing partner provide information on the economics of the firm, and host a very candid Q&A to answer questions or address any concerns the students may have regarding the firm. In addition to this event, the summer associates are offered the same professional development opportunities as attorneys in the firm, such as unlimited access to in-house and Web-based training, an on-staff career counselor, pro bono and work assignment coordination. Caren Ulrich Stacy, Director of Professional Development, Recruiting and Legal Personnel, explains:

'We view summer associate training as critical for main two reasons: first, we know that the students value training, and want to come to a firm that truly believes in developing its attorneys; and secondly, the training provided during their summer serves as a foundation for their first year in practice, which benefits them, the firm, and eventually our clients since we start them on the 'learning fast-track' before they even officially start with us.'

Stacy is the co-author of Loyalty By Design, A Practical Guide For Developing An Effective Associate Integration Program, a book she wrote based on her own 14-year career and compiled of first-hand experiences at five AmLaw 100 firms supporting associate acclimation to ensure they adjusted to, and embraced, their new workplaces in positive terms, conformed to expected standards and procedures, became as productive as possible and experienced job satisfaction. See, Caren Ulrich Stacy, Fundamentals of Associate Integration, 16 NALP Bulletin (July, 2005). She calls this entire process 'associate integration,' and is viewed as an expert in the field of this vitally important law firm function. Any firm serious about improving or further developing their current attorney professional development and integration practices should view her book a must-have guide of their efforts.

Another firm recognizing the importance of melding their recruiting and professional development efforts is Fish & Richardson, a national law firm with over 400 lawyers in 10 offices known for its world-class intellectual property practice. Kelly Mixon, a nine-year veteran of the recruiting and professional development field, serves as its National Director of Attorney Hiring. She shares her thoughts on how recruiting goals have driven her firm's professional development ones:

'Attorneys at Fish & Richardson tell us that they value the training and professional development initiatives here, and so it is natural for them to tell recruits about our programs. The Fish approach to training is that it we take it very seriously, so we make it fun. That may sound like an oxymoron, but it means that we create hands-on training with hypothetical scenarios and lots of role-playing opportunities. Because professional development is of high interest to students, we showcase our training programs during the summer program. Our training is a differentiator we think helps us recruit the best attorneys. At Fish & Richardson, we give young associates meaningful work that translates into hands-on training and responsibility at an early stage in their careers. That's what young attorneys want: to learn by doing from people who do their jobs very, very well.'

Elizabeth Tingey, former training specialist at Howrey LLP, a global law firm with more than 560 attorneys, and now the manager of professional development at Andrews Kurth LLP, relays that professional development continues to play a very direct role in the summer recruiting efforts at her former firm. Howrey hosts a summer recruiting program called Bootcamp', a five-week intensive advocacy skills training program focusing on hands-on learning techniques in areas of case management, taking and defending depositions, arguing motions, and conducting trials. Each participant starts the program by spending a portion of time in their respective locations to get a feel for the workings and culture of each office and is also encouraged to participate in other firm training open to all associates as well as other social functions. The in-office portion is followed by the actual coursework of Bootcamp. All participants in each office are brought to the same location. This unique approach to training allows the summer associates to gain insight on what life will be like as a litigator at Howrey. It also provides a first-hand experience to the types of training and development Howrey offers to all associates as they rely heavily upon a 'hands-on, learning-by-doing' method for most training programs they offer.

Another professional development and recruiting expert who held a post at a Texas-based law firm before relocating to the East Coast to join a 30 year-old IP boutique shares similar observations. Brady C. Peters, attorney development & marketing manager at Lerner David Littenberg Krumholz & Mentlik, LLP, states that professional development is a touchstone of her recruiting process. She is apt to share that firms need to be cognizant of the pitfalls involved in marketing professional development to potential attorney candidates and that knowing your firm is of paramount importance in this process:

'Be realistic about where you are in professional development strategy. If you haven't perfected the bi-annual review process, then don't sell it as a recruiting tool just because it's 'hot' in the industry right now.'

She also speaks of firsthand experience ' stemming from a seven-year career in legal recruiting and professional development ' when she recommends that you poll your first-year associates and recent lateral hires to get an idea of how they perceived your firm before and after they were hired. Compiling this information to develop a message and incorporating it into your firm's recruiting materials and Web site are recommended building blocks as you identify and publicize your firm's professional development strategy. When focusing on lateral recruiting efforts, she says to remember that:

'There are senior attorneys that laterals will want an opportunity to develop from as well and they should always be highlighted as part of your internal professional development process. If you really can offer this to them, remember that recruits want to know that your firm is an 'open door' one where attorneys can walk in and strategize with more senior attorneys and partners from the get-go.'

Finally, a law firm partner deeply engaged in the recruiting efforts of her firm shares its philosophy on the importance of aligning their recruiting and professional development programs to accomplish mutual goals. Marty Smith, hiring partner of Andrews Kurth LLP, has been an active advocate in advancing her firm's attorney professional development training efforts as she determined those initiatives are the natural evolution of her firm's vibrant and successful year-long recruiting program. Over the eight years of involvement on the firm's Recruiting Committee, she has seen recruits' demand for substantive training program skyrocket. These demands are a part of what led to the development of programs designed specifically for summer clerks, including an advanced legal writing workshop and weekly, small group meetings during the summer, each of which gives an overview and provides specific practice tips in some of the firm's multiple areas of expertise. She has played a role in developing a solid and forward-thinking professional development program at Andrews Kurth, where she says:

'We're committed to helping our associates succeed and have had to deliver a line-up and allocation of resources prove it. Our professional development program is strategically designed to meet our associate's needs and interests straight on since our goal is to provide each lawyer with the training, information and tools necessary for a long and successful career at our firm. Demonstrating this commitment to prospective new hires is crucial to attracting candidates that will thrive at our firm.'