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<I><B>Online Extra:</B></I>Reinventing Associate Training at Law Firms

By Toni Whittier
September 10, 2014

In the aftermath of the recession, many of us wondered what repercussions, if any, would last in the legal arena. One of the enduring effects is a continued aversion by clients to paying high rates for junior associates with thin experience. Relatedly, clients are no longer inclined to facilitate the training of associates on their matters, if they ever were. Yet, at the same time, many law firms are again adding more associates to their ranks because of the desire to push more work down to those with lower billing rates to contend with pricing constraints.

The result is that associates are under more pressure to be as effective as possible as soon as possible. Consequently, it is incumbent upon law firms to train associates to meet the demands of the current environment. But, what does this really mean?

In a market that has heightened expectations for client service, communication, the delivery of value at all stages of a representation and predictability in pricing, law firms must re-evaluate the nature and breadth of their associate training. As a long-time business and practice development coach and consultant who frequently works with senior attorneys, I see much more of a scramble by experienced lawyers to try to close a variety of gaps to meet market demands ' whether it's learning to use alternative fee arrangements or sending out client satisfaction surveys for the first time.

Law firms now have the opportunity to provide training that heads off gaps in a lawyer's repertoire. Law firms should consider training that is as much practical as practice oriented. A more comprehensive approach might include several areas.

Communications

Many, if not most, leaders feel that excellence in communication played a crucial role in their success. Yet, many attorneys don't focus sufficiently on their communications objectives and style. As a result, while attorneys generally are very good in negotiations and in the courtroom, they frequently fail to communicate at the same high level with other members of their own internal legal teams or with clients. This deficit can be a real liability.

Associate attorneys should receive communications coaching or training so that they:

  • Are aware of, and utilize, basic communications skills, including having specific goals for communications, knowing the relevant facts pertinent to a key conversation, and assessing the audience;
  • Understand what phraseology can be used to effectively reach out to others for relationship-building purposes, which is important both for team-building and strengthening client connections; and
  • Appreciate the different kinds of conversations and communication styles that are effective in different circumstances.

Presentations

Attorneys in virtually any work environment must make presentations under a variety of circumstances, including for pitch purposes. Law firms should find opportunities for associates to make presentations internally and externally from the start ' whether it's discussing a legal development at a practice group meeting or giving a CLE talk at a local bar organization. Among other things, attorneys should:

  • Know how to effectively develop, refine and make a presentation;
  • Be familiar with the teachings of studies and statistics relating to materials and graphics that may be used in support of presentations (such as PowerPoint slides); and
  • Have a basic understanding of communication tools that are important for presentations.

Time Management

Time management is a very frequent issue for attorneys at law firms. Indeed, many attorneys gradually lose out on opportunities because they are poor at estimating how long projects will take to complete. Junior associates should be given access to a time-management short course, preferably tailored in whole or in part to the legal profession. At a time when attorneys are increasingly required by clients to submit detailed budgets for existing matters and in pitch situations, the ability to estimate how long a particular item takes to complete is an essential skill.

Project Management

Project management training is currently quite popular at law firms because it is a potential pathway to increased efficiencies and reduced fees and costs to clients. To the extent possible, associates should be included in such training. There is definite merit in encouraging junior lawyers to think about overall processes and procedures, as opposed to fostering more limited project-specific mindsets and approaches.

Team-Building

I have worked with many attorneys for whom building and maintaining teams did not come naturally. At the same time, the ability to lead teams is very often an essential skill for promotion within law firms, and is especially important for associates when a greater proportion of legal work is delegated to them. Law firms should ensure that junior attorneys understand the phases of team development, as well as the elements that contribute to putting together a strong team. Communication skills also factor into team-building proficiency.

How Organizations Function

Most of us learn the differences between and among partnerships, corporations and the like in law school, but an adequate explanation as to how organizations actually function, and how employees at all levels impact the bottom line, is generally lacking. By introducing associates to financial issues that affect the ongoing course of business in a law firm, they will have a much better sense of the need to contribute to the overall health of the organization. A solid understanding of the basics of organizational economics can also provide a big leg up in terms of fully appreciating the importance of budgetary issues relating to client matters, maintaining good time records, fostering efficiencies and the fundamental concept of value.

In-House Dynamics

All attorneys should be up to date on the ways in which in-house counsel function and how they view and assess outside counsel. With respect to the former, it is advantageous to invite a client contact to meet with associates to discuss the way his or her internal department is organized and generally how reporting on legal matters is done. If one or more senior outside counsel attend a client-run boot camp, he or she should convey key, relevant information to associates so that they also understand specific client expectations.

Additionally, law firms should make a point of disseminating the teachings of external surveys and the firm's own surveys relating to client service and satisfaction. Plus, senior attorneys who are skilled at building relationships with clients should discuss with specificity the steps that they routinely take in this connection so that associates gain exposure to this kind of information early on.

Basic Marketing and Business Development Concepts

Typically, attorneys at law firms become aware of firm expectations for marketing and business development quite late in the game, although this has begun to change. From day one, associates should understand the concept that marketing is tied to visibility. Internal marketing allows lawyers to be visible within their firm in a way that extends their own brand. With external marketing, attorneys act in part as ambassadors for their firms. Associates should be educated on a range of marketing activities that can facilitate strong professional visibility, including speaking opportunities, blogging possibilities, as well as participation in various organizations.

Law firms also should begin to educate associates on business development at an early stage, including providing guidance on:

  • How to maintain an active contacts database;
  • Ways to keep in touch with contacts, including college and law school acquaintances;
  • The importance that associates play in current client development (and thus in the generation of additional matters); and
  • The ways that business is generated by firm attorneys, including current client development, RFPs, formal targeting, and conscious relationship-building with priority contacts.

Many firms enlist associate help in putting together slides and gathering information for pitches, but this tends to be a very circumscribed role. It would behoove firms to discuss with the associate the goals, strategies, and results relating to pitches in which the associate has been involved.

Personal Branding

By understanding the sorts of conduct and behaviors that impact perceptions (and by appreciating how quickly perceptions are formed), associate attorneys will be empowered to take affirmative steps to positively influence others ' including clients. I frequently provide coaching on personal branding, very often with senior attorneys who unwittingly have become type-cast over time as a result of having failed to take control over their brand. The ability to shape perceptions is a skill that can dramatically improve an associate's outlook, experience, and range of opportunities.

Conclusion

While some firms have limited the associate training that they offer as a cost-cutting measure, they should reassess their approach to the training that is provided. By revamping associate training to include topics that meet and match the dictates of the current legal environment, law firms can help associates to play a more integral and effective role in practice and client development in the shorter term.

It seems that many junior lawyers expect their employers to take responsibility for their professional growth and development. For a variety of reasons, this assumption can be quite detrimental. With instruction on a broader range of skills and knowledge, associates can more effectively focus on launching their own career trajectories for success ' and law firms and clients can reap the benefits.


Antonie (Toni) Wells Whittier, JD, a former section head at a major law firm and Yale Law School graduate, established Whittier Legal Consulting (www.whittierlegal.com) as a strategic resource for lawyers and law firms seeking wholly customized services. Toni works with clients to develop and implement finely tuned practice and business development programs and also offers advanced communications coaching. She also is a co-founder of PitchRite Legal, an outsourcing option for consistently quick turn-around on branded, marketing-savvy slide decks for pitches and presentations.'

In the aftermath of the recession, many of us wondered what repercussions, if any, would last in the legal arena. One of the enduring effects is a continued aversion by clients to paying high rates for junior associates with thin experience. Relatedly, clients are no longer inclined to facilitate the training of associates on their matters, if they ever were. Yet, at the same time, many law firms are again adding more associates to their ranks because of the desire to push more work down to those with lower billing rates to contend with pricing constraints.

The result is that associates are under more pressure to be as effective as possible as soon as possible. Consequently, it is incumbent upon law firms to train associates to meet the demands of the current environment. But, what does this really mean?

In a market that has heightened expectations for client service, communication, the delivery of value at all stages of a representation and predictability in pricing, law firms must re-evaluate the nature and breadth of their associate training. As a long-time business and practice development coach and consultant who frequently works with senior attorneys, I see much more of a scramble by experienced lawyers to try to close a variety of gaps to meet market demands ' whether it's learning to use alternative fee arrangements or sending out client satisfaction surveys for the first time.

Law firms now have the opportunity to provide training that heads off gaps in a lawyer's repertoire. Law firms should consider training that is as much practical as practice oriented. A more comprehensive approach might include several areas.

Communications

Many, if not most, leaders feel that excellence in communication played a crucial role in their success. Yet, many attorneys don't focus sufficiently on their communications objectives and style. As a result, while attorneys generally are very good in negotiations and in the courtroom, they frequently fail to communicate at the same high level with other members of their own internal legal teams or with clients. This deficit can be a real liability.

Associate attorneys should receive communications coaching or training so that they:

  • Are aware of, and utilize, basic communications skills, including having specific goals for communications, knowing the relevant facts pertinent to a key conversation, and assessing the audience;
  • Understand what phraseology can be used to effectively reach out to others for relationship-building purposes, which is important both for team-building and strengthening client connections; and
  • Appreciate the different kinds of conversations and communication styles that are effective in different circumstances.

Presentations

Attorneys in virtually any work environment must make presentations under a variety of circumstances, including for pitch purposes. Law firms should find opportunities for associates to make presentations internally and externally from the start ' whether it's discussing a legal development at a practice group meeting or giving a CLE talk at a local bar organization. Among other things, attorneys should:

  • Know how to effectively develop, refine and make a presentation;
  • Be familiar with the teachings of studies and statistics relating to materials and graphics that may be used in support of presentations (such as PowerPoint slides); and
  • Have a basic understanding of communication tools that are important for presentations.

Time Management

Time management is a very frequent issue for attorneys at law firms. Indeed, many attorneys gradually lose out on opportunities because they are poor at estimating how long projects will take to complete. Junior associates should be given access to a time-management short course, preferably tailored in whole or in part to the legal profession. At a time when attorneys are increasingly required by clients to submit detailed budgets for existing matters and in pitch situations, the ability to estimate how long a particular item takes to complete is an essential skill.

Project Management

Project management training is currently quite popular at law firms because it is a potential pathway to increased efficiencies and reduced fees and costs to clients. To the extent possible, associates should be included in such training. There is definite merit in encouraging junior lawyers to think about overall processes and procedures, as opposed to fostering more limited project-specific mindsets and approaches.

Team-Building

I have worked with many attorneys for whom building and maintaining teams did not come naturally. At the same time, the ability to lead teams is very often an essential skill for promotion within law firms, and is especially important for associates when a greater proportion of legal work is delegated to them. Law firms should ensure that junior attorneys understand the phases of team development, as well as the elements that contribute to putting together a strong team. Communication skills also factor into team-building proficiency.

How Organizations Function

Most of us learn the differences between and among partnerships, corporations and the like in law school, but an adequate explanation as to how organizations actually function, and how employees at all levels impact the bottom line, is generally lacking. By introducing associates to financial issues that affect the ongoing course of business in a law firm, they will have a much better sense of the need to contribute to the overall health of the organization. A solid understanding of the basics of organizational economics can also provide a big leg up in terms of fully appreciating the importance of budgetary issues relating to client matters, maintaining good time records, fostering efficiencies and the fundamental concept of value.

In-House Dynamics

All attorneys should be up to date on the ways in which in-house counsel function and how they view and assess outside counsel. With respect to the former, it is advantageous to invite a client contact to meet with associates to discuss the way his or her internal department is organized and generally how reporting on legal matters is done. If one or more senior outside counsel attend a client-run boot camp, he or she should convey key, relevant information to associates so that they also understand specific client expectations.

Additionally, law firms should make a point of disseminating the teachings of external surveys and the firm's own surveys relating to client service and satisfaction. Plus, senior attorneys who are skilled at building relationships with clients should discuss with specificity the steps that they routinely take in this connection so that associates gain exposure to this kind of information early on.

Basic Marketing and Business Development Concepts

Typically, attorneys at law firms become aware of firm expectations for marketing and business development quite late in the game, although this has begun to change. From day one, associates should understand the concept that marketing is tied to visibility. Internal marketing allows lawyers to be visible within their firm in a way that extends their own brand. With external marketing, attorneys act in part as ambassadors for their firms. Associates should be educated on a range of marketing activities that can facilitate strong professional visibility, including speaking opportunities, blogging possibilities, as well as participation in various organizations.

Law firms also should begin to educate associates on business development at an early stage, including providing guidance on:

  • How to maintain an active contacts database;
  • Ways to keep in touch with contacts, including college and law school acquaintances;
  • The importance that associates play in current client development (and thus in the generation of additional matters); and
  • The ways that business is generated by firm attorneys, including current client development, RFPs, formal targeting, and conscious relationship-building with priority contacts.

Many firms enlist associate help in putting together slides and gathering information for pitches, but this tends to be a very circumscribed role. It would behoove firms to discuss with the associate the goals, strategies, and results relating to pitches in which the associate has been involved.

Personal Branding

By understanding the sorts of conduct and behaviors that impact perceptions (and by appreciating how quickly perceptions are formed), associate attorneys will be empowered to take affirmative steps to positively influence others ' including clients. I frequently provide coaching on personal branding, very often with senior attorneys who unwittingly have become type-cast over time as a result of having failed to take control over their brand. The ability to shape perceptions is a skill that can dramatically improve an associate's outlook, experience, and range of opportunities.

Conclusion

While some firms have limited the associate training that they offer as a cost-cutting measure, they should reassess their approach to the training that is provided. By revamping associate training to include topics that meet and match the dictates of the current legal environment, law firms can help associates to play a more integral and effective role in practice and client development in the shorter term.

It seems that many junior lawyers expect their employers to take responsibility for their professional growth and development. For a variety of reasons, this assumption can be quite detrimental. With instruction on a broader range of skills and knowledge, associates can more effectively focus on launching their own career trajectories for success ' and law firms and clients can reap the benefits.


Antonie (Toni) Wells Whittier, JD, a former section head at a major law firm and Yale Law School graduate, established Whittier Legal Consulting (www.whittierlegal.com) as a strategic resource for lawyers and law firms seeking wholly customized services. Toni works with clients to develop and implement finely tuned practice and business development programs and also offers advanced communications coaching. She also is a co-founder of PitchRite Legal, an outsourcing option for consistently quick turn-around on branded, marketing-savvy slide decks for pitches and presentations.'

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