How to improve an attorney’s performance and accountability
A reader asks, “How do you make an attorney in your office pull his weight and be more accountable?”
Obviously, there are many personal and law firm dynamics that would influence the situation here. But in general, when dealing with a lawyer in the firm that doesn’t appear to be pulling their weight, I look first to the firm. If I were working with this firm to resolve this issue, I’d asK questions like:
- What are the firm’s expectations for this lawyer?
- Are these expectations similar for other lawyers in the firm or at this lawyer’s level?
- Is the partnership/management of the firm in agreement about and supportive of these expectations?
- How well have these expectations been communicated to the attorney in question and the firm in general?
- In what manner have they been communicated?
- Are these communications consistent?
- What does the firm measure in terms of performance of the attorneys?
- What does the firm reward or punish?
- What has been communicated to this attorney regarding his performance thus far?
- Has the firm’s disappointment been communicated to the attorney in terms of compensation or other rewards?
- What mechanisms or procedures does the firm have in place to establish accountability for the individual lawyers?
- How much autonomy and individual judgment are the attorneys permitted? Are they being micromanaged?
These questions need to be asked (and answered) both from the perspective of the firm and the perspective of the lawyer (and perhaps other lawyers within the firm). It is not uncommon for law firm partners or management to think that expectations are clear and that they have been communicated when in fact, none of the other lawyers in the firm understand those expectations.
If firms wish to encourage certain behaviors or standards, those standards and behaviors should be measured, monitored, and communicated to the firm, not just through general guidelines, but through specific goals and performance evaluations with individual lawyers. The behaviors that the firm wants to encourage should be rewarded, and those that don’t measure up should be aware of the potential consequences.
- Is the attorney aware that he or she is underperforming?
- What steps has the attorney taken to improve?
- Has the attorney been given specific feedback regarding what areas need to be improved?
- What kind of help and guidance has the attorney received?
- What does the attorney perceive to be the problem?
- What suggestions does the attorney have for improving the situation?
- Is the attorney handling the kind of work and clients the attorney is best suited for?
Finally, be mindful that you can’t ‘make’ anyone do anything. Perhaps this lawyer isn’t interested in advancing within the firm and is perfectly happy with his or her current position, financial situation and level of effot. Or perhaps the attorney is not a good fit for the firm or just doesn’t have what it takes to succeed at this firm. In those situations, it may make sense for lawyer and firm to part company.