At 60 Billable Hours Per Week, You Have No Friends

Here come the new lawyers! Recruiting has done its job and turned the reins over to human resources and perhaps a group of attorney mentors. The seemingly endless orientation has ended, summer programs are lingering memories, offices have been chosen and equipped, and it is now time to get to work.

Unlike the attorney classes of five years ago, the latest class of attorneys is feeling less pampered and is prepared to immediately accept firm productivity expectations. These attorneys have earned bragging rights among their scholastic peers for having secured a position with your firm. They have read the unflattering stories on the legal blogs. They have decidedly committed to “never be a laid-off attorney.” Their future seems bright enough. Their salary is adequate. But are they happy?

It Can Be Cold Inside Too

During an elevator ride in a building that houses several law firms, I overheard two partners from one firm discussing their new class of attorneys. The partners were unconcerned that they were sharing the elevator cab with a pair of new attorneys from a competing firm. Their comments about billable expectations and their joking manner made the new attorneys cringe ' and wonder about the sentiments of their own firm. You could tell by their body language and the disingenuous smiles on the new attorneys' faces that they felt like chattel, and that the humor escaped them. Mercifully, it was a short ride.

I'm convinced that the partners' statements were not indicators of a hazing mentality. Nevertheless, their attitudes certainly spoke volumes about the new, leaner and meaner firm climate, and their deep-seeded desire to return to higher profits per partner. Unfortunately, the needs of the old guard seemed to be paramount ' and providing any form of motivational guidance to the new attorneys seemed tangential. Of course it's not fair! How do we satisfy client needs, make all the assignments neatly fit together, and then repeat that success?

If your firm is one that takes pro bono litigation to the Supreme Court, or if your firm creates wealthy multi-nationals, or if your firm is any flavor in between, to be successful in the eyes of the client and to retain the talent we have spent years (and large sums of cash) to recruit, we need to understand how to effectively motivate.

Primary Motivation ' Self Preservation

We all feel it. We want to keep our jobs. We want to eat. We wish to avoid pain. These motivational concepts are the easiest to understand, but the complexities of motivation cannot stop here. As a motivational technique, self preservation, void of any other incentive, instills fear. While fear is a successful motivational technique, it has the least likelihood of ongoing success, and a dismal outlook for creating a positive retention condition.

The ability to complete a brief at breakneck speed may look impressive on the surface. Knowing the feat was accomplished as part of a supervisor threat, as a hunger for client retention, or to fill the weekly time sheet makes a world of difference on many different levels.

If overall satisfaction is key, then challenging work assignments with high praise for successful, timely completion eliminates the need for threatening upfront consequence statements. Save the threats and coercion for schedule offenders or difficult client requests.

Learned Motivation ' Driven By a Goal

Whether self-imposed or presented by another person, a distinct goal or result causes individuals to behave in ways that bring them closer to that particular goal. What propels them to perform or to act in a exacting way is the longing for something they currently do not have or possess.

Reality television notwithstanding, rigorous or laborious tasks can be physically and mentally wearing when at the onset, the goal seems unobtainable. Perhaps a more satisfying method is to break tasks into smaller components so that progress is apparent much faster. It is advisable to outline the big picture so that participants can contribute toward a project's whole. But equally as important is the participants' ability to complete each and every step along the way.

Internal Motivation ' 'I Did It!'

Getting positive client or partner feedback can be a reward that's visible to others. For the new attorney, the fact that he/she has become an expert in a particular area of law is also a psychological reward that's conferred as a byproduct of his/her fundamental need to learn.

A successful merger or courtroom verdict creates a sense of well-being and connectedness ' both to the project and to the people involved in the success. Do not be reluctant to author group congratulatory e-mails. And don't limit the announcements to just legal staff. Everyone at the firm likes to smile and offer up a hearty handshake or pat on the back.

Incentive Motivation ' More Than Money

This motivation involves rewards. People who believe that they will receive rewards for being successful are motivated to do everything they can to reach their goal. While internal motivation is focused on the goal itself, incentive motivation is driven by the fact that the goal will give people benefits.

The incentive needn't always be about cold hard cash. In fact, money is the least effective, shortest-duration incentive benefit. How about a happy hour or ice cream social for the staff when the matter is concluded? Can we reinstate the holiday gathering? Can there be music or a TV in the lunch room? The non-cash possibilities are endless.

Monetary compensation as the primary reward for success will stimulate the “me” rather than the “we” mindset, and can distance a lawyer's professional goals from those of the firm. A list of successes presented at an annual review proves that supervisors are watching, and taking notice of successes. Failure to reinforce modifies behavior, although in a negative direction.

Fear Motivation ' The Last Resort

When incentives do not work, we can turn to fear and punishment as the next motivational tools. I do not personally believe that there is anything positive that can be said about these techniques except for, perhaps, expedience.

Change Motivation ' Because We Want To

All beings sometimes do things just to bring about changes within their immediate environment. Change motivation is frequently the cause of true progress. People become tired of how things are and therefore think of ways to improve it.

Clients do it by changing their representation. Attorneys do it by changing firms. Whatever methods are used to bring about change, we need to look at their positive aspects. Situations are not always grim when they change. New opportunities are always present.

New attorneys bring change and promise to a firm. They also bring new perspectives and enthusiasm. Rather than diminish their importance because of limited experience, we can, for example, increase our own understanding of new techniques in software applications (don't forget the training!), we can capitalize on in-house counsel relationships which began while in law school, or we can market the community involvement experience that a new attorney is willing to share with his/her new peers. Allow that optimism to become contagious!

Firm Culture As a Motivational Technique

Another essential motivating factor is firm culture. While the attorneys play a decidedly critical role in determining the firm's overall character and general morale, leadership must do its part to develop an environment that promotes honesty and willingness to communicate while fostering concern for the individual. The quality of life at the firm should signify a humanistic and supportive approach to the individual's needs, especially when leadership respects the family-centric lives of some attorneys.

Within reason, self-expression such as dress, hours, lifestyle, etc., should be an available means of individualization for the attorney. A willingness on leadership's part to compromise on strict adherence to a rule requiring everyone to be at work at 8:30 a.m. will support and nurture the attorney who works more efficiently later in the day and will encourage him to meet the firm's productivity expectations.

Enriching Jobs

As basic as it may seem, verify that the requested task is understood. Also, make sure that others who are part of the effort have been trained as a team. Always set an example. Check in at appropriate times to determine progress or to identify obstacles. Since one size does not fit all when it comes to motivation, be prepared to individualize your advice. Determine if public or private space is required for motivational talks or praise. Don't assume that all praise should be public; kudos for overcoming obstacles sometimes need to be confidential. People look forward to coming to work every day when good things happen and they feel protected.

Always Look Up

As a final note, while it may seem imperceptible to some, how a positive mental attitude and a daily “Hello” can boost morale and eagerly propel staff from task to task, it really and truly DOES work! We have been trained in how to read body language, interpret vocal cues and even when to use silence effectively in court proceedings or in negotiations. Rather than being an observer, I challenge you to become an emitter.

Positive projections of attitude, enthusiasm and social ability from firm leadership is contagious. Wander the halls and elevators without a PDA or cell phone in your hand. How many people are strangers even in your own firm? Exchanging cordial greetings eliminates that condition and puts a spring in everyone's step. Most importantly, it motivates them to take on the next task with smiles on their faces.

This article first appeared in Law Firm Partnership & Benefits Report, a sister publication of this newsletter.

Paula Campbell is the Technology Training Specialist for her firm's California offices. Campbell has spent more than 20 years observing firm culture as an international legal technology consultant and educator. She can be reached at [email protected]. The views set forth herein are the personal views of the author and do not necessarily reflect those of the law firm with which she is associated.

Here come the new lawyers! Recruiting has done its job and turned the reins over to human resources and perhaps a group of attorney mentors. The seemingly endless orientation has ended, summer programs are lingering memories, offices have been chosen and equipped, and it is now time to get to work.

Unlike the attorney classes of five years ago, the latest class of attorneys is feeling less pampered and is prepared to immediately accept firm productivity expectations. These attorneys have earned bragging rights among their scholastic peers for having secured a position with your firm. They have read the unflattering stories on the legal blogs. They have decidedly committed to “never be a laid-off attorney.” Their future seems bright enough. Their salary is adequate. But are they happy?

It Can Be Cold Inside Too

During an elevator ride in a building that houses several law firms, I overheard two partners from one firm discussing their new class of attorneys. The partners were unconcerned that they were sharing the elevator cab with a pair of new attorneys from a competing firm. Their comments about billable expectations and their joking manner made the new attorneys cringe ' and wonder about the sentiments of their own firm. You could tell by their body language and the disingenuous smiles on the new attorneys' faces that they felt like chattel, and that the humor escaped them. Mercifully, it was a short ride.

I'm convinced that the partners' statements were not indicators of a hazing mentality. Nevertheless, their attitudes certainly spoke volumes about the new, leaner and meaner firm climate, and their deep-seeded desire to return to higher profits per partner. Unfortunately, the needs of the old guard seemed to be paramount ' and providing any form of motivational guidance to the new attorneys seemed tangential. Of course it's not fair! How do we satisfy client needs, make all the assignments neatly fit together, and then repeat that success?

If your firm is one that takes pro bono litigation to the Supreme Court, or if your firm creates wealthy multi-nationals, or if your firm is any flavor in between, to be successful in the eyes of the client and to retain the talent we have spent years (and large sums of cash) to recruit, we need to understand how to effectively motivate.

Primary Motivation ' Self Preservation

We all feel it. We want to keep our jobs. We want to eat. We wish to avoid pain. These motivational concepts are the easiest to understand, but the complexities of motivation cannot stop here. As a motivational technique, self preservation, void of any other incentive, instills fear. While fear is a successful motivational technique, it has the least likelihood of ongoing success, and a dismal outlook for creating a positive retention condition.

The ability to complete a brief at breakneck speed may look impressive on the surface. Knowing the feat was accomplished as part of a supervisor threat, as a hunger for client retention, or to fill the weekly time sheet makes a world of difference on many different levels.

If overall satisfaction is key, then challenging work assignments with high praise for successful, timely completion eliminates the need for threatening upfront consequence statements. Save the threats and coercion for schedule offenders or difficult client requests.

Learned Motivation ' Driven By a Goal

Whether self-imposed or presented by another person, a distinct goal or result causes individuals to behave in ways that bring them closer to that particular goal. What propels them to perform or to act in a exacting way is the longing for something they currently do not have or possess.

Reality television notwithstanding, rigorous or laborious tasks can be physically and mentally wearing when at the onset, the goal seems unobtainable. Perhaps a more satisfying method is to break tasks into smaller components so that progress is apparent much faster. It is advisable to outline the big picture so that participants can contribute toward a project's whole. But equally as important is the participants' ability to complete each and every step along the way.

Internal Motivation ' 'I Did It!'

Getting positive client or partner feedback can be a reward that's visible to others. For the new attorney, the fact that he/she has become an expert in a particular area of law is also a psychological reward that's conferred as a byproduct of his/her fundamental need to learn.

A successful merger or courtroom verdict creates a sense of well-being and connectedness ' both to the project and to the people involved in the success. Do not be reluctant to author group congratulatory e-mails. And don't limit the announcements to just legal staff. Everyone at the firm likes to smile and offer up a hearty handshake or pat on the back.

Incentive Motivation ' More Than Money

This motivation involves rewards. People who believe that they will receive rewards for being successful are motivated to do everything they can to reach their goal. While internal motivation is focused on the goal itself, incentive motivation is driven by the fact that the goal will give people benefits.

The incentive needn't always be about cold hard cash. In fact, money is the least effective, shortest-duration incentive benefit. How about a happy hour or ice cream social for the staff when the matter is concluded? Can we reinstate the holiday gathering? Can there be music or a TV in the lunch room? The non-cash possibilities are endless.

Monetary compensation as the primary reward for success will stimulate the “me” rather than the “we” mindset, and can distance a lawyer's professional goals from those of the firm. A list of successes presented at an annual review proves that supervisors are watching, and taking notice of successes. Failure to reinforce modifies behavior, although in a negative direction.

Fear Motivation ' The Last Resort

When incentives do not work, we can turn to fear and punishment as the next motivational tools. I do not personally believe that there is anything positive that can be said about these techniques except for, perhaps, expedience.

Change Motivation ' Because We Want To

All beings sometimes do things just to bring about changes within their immediate environment. Change motivation is frequently the cause of true progress. People become tired of how things are and therefore think of ways to improve it.

Clients do it by changing their representation. Attorneys do it by changing firms. Whatever methods are used to bring about change, we need to look at their positive aspects. Situations are not always grim when they change. New opportunities are always present.

New attorneys bring change and promise to a firm. They also bring new perspectives and enthusiasm. Rather than diminish their importance because of limited experience, we can, for example, increase our own understanding of new techniques in software applications (don't forget the training!), we can capitalize on in-house counsel relationships which began while in law school, or we can market the community involvement experience that a new attorney is willing to share with his/her new peers. Allow that optimism to become contagious!

Firm Culture As a Motivational Technique

Another essential motivating factor is firm culture. While the attorneys play a decidedly critical role in determining the firm's overall character and general morale, leadership must do its part to develop an environment that promotes honesty and willingness to communicate while fostering concern for the individual. The quality of life at the firm should signify a humanistic and supportive approach to the individual's needs, especially when leadership respects the family-centric lives of some attorneys.

Within reason, self-expression such as dress, hours, lifestyle, etc., should be an available means of individualization for the attorney. A willingness on leadership's part to compromise on strict adherence to a rule requiring everyone to be at work at 8:30 a.m. will support and nurture the attorney who works more efficiently later in the day and will encourage him to meet the firm's productivity expectations.

Enriching Jobs

As basic as it may seem, verify that the requested task is understood. Also, make sure that others who are part of the effort have been trained as a team. Always set an example. Check in at appropriate times to determine progress or to identify obstacles. Since one size does not fit all when it comes to motivation, be prepared to individualize your advice. Determine if public or private space is required for motivational talks or praise. Don't assume that all praise should be public; kudos for overcoming obstacles sometimes need to be confidential. People look forward to coming to work every day when good things happen and they feel protected.

Always Look Up

As a final note, while it may seem imperceptible to some, how a positive mental attitude and a daily “Hello” can boost morale and eagerly propel staff from task to task, it really and truly DOES work! We have been trained in how to read body language, interpret vocal cues and even when to use silence effectively in court proceedings or in negotiations. Rather than being an observer, I challenge you to become an emitter.

Positive projections of attitude, enthusiasm and social ability from firm leadership is contagious. Wander the halls and elevators without a PDA or cell phone in your hand. How many people are strangers even in your own firm? Exchanging cordial greetings eliminates that condition and puts a spring in everyone's step. Most importantly, it motivates them to take on the next task with smiles on their faces.

This article first appeared in Law Firm Partnership & Benefits Report, a sister publication of this newsletter.

Paula Campbell is the Technology Training Specialist for her firm's California offices. Campbell has spent more than 20 years observing firm culture as an international legal technology consultant and educator. She can be reached at [email protected]. The views set forth herein are the personal views of the author and do not necessarily reflect those of the law firm with which she is associated.