Establishing Best Practices

Are productivity, risk management, or quality of life issues the fundamental motivation for establishing firm best practices? When it comes to work product production, internal and external communication, or workplace safety, the question becomes: “Is there adequate input when these policies are developed, and who are the enforcers?” As important, is the question, “Do established best practices hamper client relations or staff professional development?”

Quality of Life + Flexibility = Staff Retention and Client Satisfaction

With the advent of the personal computer, Webcams, and the Internet, it is now possible for more types of work, particularly those of professional and technical workers, to be conducted effectively off site, from client locations, and often from home. Increased productivity, reduced stress, cost savings, and emergency preparedness have been cited as some of the positive effects of flexible workplace programs.

If a firm's best practice has strict work hours, and dictates the office as the only place of business, the intention to limit (for example) frivolous, home occurrence workers compensation claims may also result in the unexpected consequence of skyrocketing recruitment costs incurred when seasoned staff members exit for workplace-flexible employers. Some workers even leave the legal field entirely to achieve family friendly working conditions.

If a relationship exists that enables attorneys, paralegals, or technical support to work at a client site, the visibility and interpersonal interaction not only increases staff productivity, but it also enhances client relations. The cost savings and accessibility of research, review, or personnel interviews ultimately produces favorable results.

Creating a Productive Environment

Recently, a large firm moved into a new space and seized the opportunity to “clean house” and establish new firm best practices with regards to the workplace. During the moving process, staff were encouraged to send files to storage (a long overdue activity), help themselves to firm greenery for their homes, and staff tours of the new space were given weeks before the actual move. Project managers held meetings to inform the staff about the moving plan. As information, no formal discussions of attitudes toward change occurred. Implementation managers assumed they were being generous and providing the staff with a cleansing and rejuvenating opportunity. However, something very different happened.

For many reasons (some financial), the entire firm moved in one weekend. The following week, nearly all departments were non-productive, some even longer. The firm's new strategy of eliminating crawly pests through its no-greenery policy did not take into account green plants' oxygen-emitting remedy for a renovated building's air quality. A new policy stated that floral arrangements should be removed the same day as they were received. Newly designed workspaces allowed common-space workers only 1.5 square feet each of publicly concealed display area for quick reference and personal (photo) postings. Staff were prohibited from placing work or personal materials on cubicle ledges. As one senior staff member stated, “We'll see how long THAT lasts.” While efficiency and safety were the goals, poor morale and sterile environs were the outcome.

Consider the following aspects of workplace ergonomics and no-cost remedies:

Physical ergonomics is concerned with anatomical, physiological, and biomechanical characteristics related to physical activity.

Example: Desks and chairs selected for aesthetic purposes rather than worker comfort.

The Fix: No matter the furnishings, it is important to take breaks. Breaks are even better if some stretching is included.

Cognitive ergonomics is concerned with mental processes, such as perception, memory, reasoning, and motor response, as they affect interactions among people and other workplace elements.

Example: Long-winded memos regarding kitchen or refrigerator use, cleaning, scheduling, and responsibility. Don't forget the duplicating equipment!

The Fix: It can be as simple as designing a sign so that the majority of people will understand and act in the intended manner.

Organizational ergonomics is concerned with the optimization of work systems, including their organizational structures, policies, and processes.

Example: Is there a desk or office that's piled high with research, historical work product, or “to-do's”?

The Fix: Organize things by their frequency of use. The extra effort needed to retrieve the least-used items is saved many times over by making the frequent tasks more efficient.

Essential Communication: The Issues and the Solutions

How many times have we seen the phrase “Intended for internal distribution only; not for external distribution” on e-mails or memos. As legal professionals, we adhere to that ethical/risk management request. As involved members of an organization, we have a responsibility to ask the tough questions of the decision makers as those firm policy issues arise.

Recommendations pertaining to security of work product are non-negotiable conditions of employment. Discussions pertaining to practice work flow and production, on the other hand, bear consideration. Do work-at-home staff maintain the same level of client confidentiality? Is the appropriate technology in place to allow distance workers the same level of accessibility and security to firm standards as in-office workers? Will a single breach of firm standards motivate a change in firm policy or its processes?

Much has been written lately of generational variances in work habits. While the desire to accommodate the work flow differences, provide the latest tools, and facilitate effective communication ranks high on the list of desirable employment elements, we have many faces to consider. Clients, co-workers, professional groups, and public opinions are valued elements in a firm's success. Ask the “How do you work?” question. Develop several ways of performing the same task. Publicize innovative solutions rather than relying on error-ridden second tellings. Engage in dialogues before policy or methods are mandated. Most importantly, keep client needs at the forefront of the firm's decision-making process.

Right Tool ' Right Job

As important as the flow of work, are the resources, training, and the equipment. Sure, there are laptops, desktops, office software suites, communication programs, and all the tech objects that today, we mostly take for granted; but does possessing these items really give staff and professionals an advantage over personnel at firms that embrace more rudimentary practices?

Who in your firm is charged with the responsibility of monitoring library or e-subscriptions for practice trends and tools? Does the prevalence of PDA devices in your office have your staff working more or fewer hours each week? Do the
firm's training initiatives take into account worker mobility? Diverse utilization? Work product specificity? Client preferences?

In an age when office space is costly, transportation is expensive, and salaries are adjusted upward annually, finding routines to increase productivity and control asset maintenance drastically affects the bottom line ' it's critical. Solutions can be as simple as a staff luncheon with an industry-specialist presentation, or a bookmark directing inquiries to a resource Web site. The more that a firm can do to publicize any form of external resource, the less costly it becomes to purchase, house, or employ temporarily current solutions. Why fly to a meeting when a video conference is a fraction of the cost? Why take up all the space for a formal library when a few shelves and a vendor-provided computer and training will do? Do duplicating machines need to be replaced one-for-one in today's greener offices? Why exhaust personnel budgets on developing best-policy manuals, training programs, or reference materials when so many can be purchased and customized at a fraction of the cost. Not only is there a cost savings, but the advantage of gaining perspectives from an outside resource can be enlightening and motivating as well.

Chickens, Eggs, Horses and Carts

Which came first, the software or the matter? Which function is driving, and which is following? Are we in the business of supporting or enhancing our clients' experience?

Rather than chase disparate staff to obtain client updates, work product, or research data, a managing partner should pull his or her team together to roundtable issues and information. Busy people need expedient methods of sharing information. Chat sessions are replacing detailed e-mail. Accept the appearance of internal, informal brevity; however, do not release any expectations of ethical, formal, external representation.

If a firm's chosen tools do not fit the work, then one or the other needs to change. Caution should be exercised when changing either, but it seems that one is easier to replace than the other. Tools that seem adequate by some, may be woefully unimpressive to others, particularly clients. If stringent best practices do not allow for innovation, then learning or productivity suffers. If a scenario seems like an uphill battle, then it probably is. Battles are punitive, and uphill is a time-consuming direction. Find an innovative and fluid way to accomplish a task or get out. Save your emotional and creative energy for the benefit of the client. Reach out to unfamiliar sources. Check in often. Re-evaluate priorities. Work differently for a change. Most importantly, don't let “the predictable” stifle innovation, marketability, or profitability.

Drawing Pictures on the Walls

Having difficulty agreeing on a tactic or process? Here's a low-tech suggestion toward attainment and agreement. Ask the involved parties to draw their preferred method on a transparency sheet. Then project the results on top of one another to study the similarities and weigh the variations.

If too many variations exist, then a re-evaluation of the project is in order. If the majority of the processes overlap (even if at varying points) then a course of action has begun. If all of the processes lead to the uniform end, and costs are manageable, then a culture of workflow diversity and acceptance has been achieved. Congratulations!

Paula Campbell, a member of this newsletter's Board of Editors, is the Technology Training and Support Services Coordinator for Jones Day's California offices. She has spent more than 18 years observing firm culture, processes, and development as an international legal technology consultant and educator. Campbell can be reached at [email protected].

Are productivity, risk management, or quality of life issues the fundamental motivation for establishing firm best practices? When it comes to work product production, internal and external communication, or workplace safety, the question becomes: “Is there adequate input when these policies are developed, and who are the enforcers?” As important, is the question, “Do established best practices hamper client relations or staff professional development?”

Quality of Life + Flexibility = Staff Retention and Client Satisfaction

With the advent of the personal computer, Webcams, and the Internet, it is now possible for more types of work, particularly those of professional and technical workers, to be conducted effectively off site, from client locations, and often from home. Increased productivity, reduced stress, cost savings, and emergency preparedness have been cited as some of the positive effects of flexible workplace programs.

If a firm's best practice has strict work hours, and dictates the office as the only place of business, the intention to limit (for example) frivolous, home occurrence workers compensation claims may also result in the unexpected consequence of skyrocketing recruitment costs incurred when seasoned staff members exit for workplace-flexible employers. Some workers even leave the legal field entirely to achieve family friendly working conditions.

If a relationship exists that enables attorneys, paralegals, or technical support to work at a client site, the visibility and interpersonal interaction not only increases staff productivity, but it also enhances client relations. The cost savings and accessibility of research, review, or personnel interviews ultimately produces favorable results.

Creating a Productive Environment

Recently, a large firm moved into a new space and seized the opportunity to “clean house” and establish new firm best practices with regards to the workplace. During the moving process, staff were encouraged to send files to storage (a long overdue activity), help themselves to firm greenery for their homes, and staff tours of the new space were given weeks before the actual move. Project managers held meetings to inform the staff about the moving plan. As information, no formal discussions of attitudes toward change occurred. Implementation managers assumed they were being generous and providing the staff with a cleansing and rejuvenating opportunity. However, something very different happened.

For many reasons (some financial), the entire firm moved in one weekend. The following week, nearly all departments were non-productive, some even longer. The firm's new strategy of eliminating crawly pests through its no-greenery policy did not take into account green plants' oxygen-emitting remedy for a renovated building's air quality. A new policy stated that floral arrangements should be removed the same day as they were received. Newly designed workspaces allowed common-space workers only 1.5 square feet each of publicly concealed display area for quick reference and personal (photo) postings. Staff were prohibited from placing work or personal materials on cubicle ledges. As one senior staff member stated, “We'll see how long THAT lasts.” While efficiency and safety were the goals, poor morale and sterile environs were the outcome.

Consider the following aspects of workplace ergonomics and no-cost remedies:

Physical ergonomics is concerned with anatomical, physiological, and biomechanical characteristics related to physical activity.

Example: Desks and chairs selected for aesthetic purposes rather than worker comfort.

The Fix: No matter the furnishings, it is important to take breaks. Breaks are even better if some stretching is included.

Cognitive ergonomics is concerned with mental processes, such as perception, memory, reasoning, and motor response, as they affect interactions among people and other workplace elements.

Example: Long-winded memos regarding kitchen or refrigerator use, cleaning, scheduling, and responsibility. Don't forget the duplicating equipment!

The Fix: It can be as simple as designing a sign so that the majority of people will understand and act in the intended manner.

Organizational ergonomics is concerned with the optimization of work systems, including their organizational structures, policies, and processes.

Example: Is there a desk or office that's piled high with research, historical work product, or “to-do's”?

The Fix: Organize things by their frequency of use. The extra effort needed to retrieve the least-used items is saved many times over by making the frequent tasks more efficient.

Essential Communication: The Issues and the Solutions

How many times have we seen the phrase “Intended for internal distribution only; not for external distribution” on e-mails or memos. As legal professionals, we adhere to that ethical/risk management request. As involved members of an organization, we have a responsibility to ask the tough questions of the decision makers as those firm policy issues arise.

Recommendations pertaining to security of work product are non-negotiable conditions of employment. Discussions pertaining to practice work flow and production, on the other hand, bear consideration. Do work-at-home staff maintain the same level of client confidentiality? Is the appropriate technology in place to allow distance workers the same level of accessibility and security to firm standards as in-office workers? Will a single breach of firm standards motivate a change in firm policy or its processes?

Much has been written lately of generational variances in work habits. While the desire to accommodate the work flow differences, provide the latest tools, and facilitate effective communication ranks high on the list of desirable employment elements, we have many faces to consider. Clients, co-workers, professional groups, and public opinions are valued elements in a firm's success. Ask the “How do you work?” question. Develop several ways of performing the same task. Publicize innovative solutions rather than relying on error-ridden second tellings. Engage in dialogues before policy or methods are mandated. Most importantly, keep client needs at the forefront of the firm's decision-making process.

Right Tool ' Right Job

As important as the flow of work, are the resources, training, and the equipment. Sure, there are laptops, desktops, office software suites, communication programs, and all the tech objects that today, we mostly take for granted; but does possessing these items really give staff and professionals an advantage over personnel at firms that embrace more rudimentary practices?

Who in your firm is charged with the responsibility of monitoring library or e-subscriptions for practice trends and tools? Does the prevalence of PDA devices in your office have your staff working more or fewer hours each week? Do the
firm's training initiatives take into account worker mobility? Diverse utilization? Work product specificity? Client preferences?

In an age when office space is costly, transportation is expensive, and salaries are adjusted upward annually, finding routines to increase productivity and control asset maintenance drastically affects the bottom line ' it's critical. Solutions can be as simple as a staff luncheon with an industry-specialist presentation, or a bookmark directing inquiries to a resource Web site. The more that a firm can do to publicize any form of external resource, the less costly it becomes to purchase, house, or employ temporarily current solutions. Why fly to a meeting when a video conference is a fraction of the cost? Why take up all the space for a formal library when a few shelves and a vendor-provided computer and training will do? Do duplicating machines need to be replaced one-for-one in today's greener offices? Why exhaust personnel budgets on developing best-policy manuals, training programs, or reference materials when so many can be purchased and customized at a fraction of the cost. Not only is there a cost savings, but the advantage of gaining perspectives from an outside resource can be enlightening and motivating as well.

Chickens, Eggs, Horses and Carts

Which came first, the software or the matter? Which function is driving, and which is following? Are we in the business of supporting or enhancing our clients' experience?

Rather than chase disparate staff to obtain client updates, work product, or research data, a managing partner should pull his or her team together to roundtable issues and information. Busy people need expedient methods of sharing information. Chat sessions are replacing detailed e-mail. Accept the appearance of internal, informal brevity; however, do not release any expectations of ethical, formal, external representation.

If a firm's chosen tools do not fit the work, then one or the other needs to change. Caution should be exercised when changing either, but it seems that one is easier to replace than the other. Tools that seem adequate by some, may be woefully unimpressive to others, particularly clients. If stringent best practices do not allow for innovation, then learning or productivity suffers. If a scenario seems like an uphill battle, then it probably is. Battles are punitive, and uphill is a time-consuming direction. Find an innovative and fluid way to accomplish a task or get out. Save your emotional and creative energy for the benefit of the client. Reach out to unfamiliar sources. Check in often. Re-evaluate priorities. Work differently for a change. Most importantly, don't let “the predictable” stifle innovation, marketability, or profitability.

Drawing Pictures on the Walls

Having difficulty agreeing on a tactic or process? Here's a low-tech suggestion toward attainment and agreement. Ask the involved parties to draw their preferred method on a transparency sheet. Then project the results on top of one another to study the similarities and weigh the variations.

If too many variations exist, then a re-evaluation of the project is in order. If the majority of the processes overlap (even if at varying points) then a course of action has begun. If all of the processes lead to the uniform end, and costs are manageable, then a culture of workflow diversity and acceptance has been achieved. Congratulations!

Paula Campbell, a member of this newsletter's Board of Editors, is the Technology Training and Support Services Coordinator for Jones Day's California offices. She has spent more than 18 years observing firm culture, processes, and development as an international legal technology consultant and educator. Campbell can be reached at [email protected].