Risk Management

Have license, will travel, Part III:
Exit Interviews Provide Candid Feedback on Firm Management

Exit interviews with departing associates can help law firms reduce turnover and manage risk of employment practices claims.

By Ann Massie Nelson

Exit interviews with associates who are leaving your law firm can alert you to firm management issues, reduce turnover, and curtail the risk of employee lawsuits, according to Julie M. Buchanan who practices employment law in the Milwaukee firm of Buchanan & Barry S.C.

Why conduct exit interviews?

A common practice in organizations with human resource departments, exit interviews ­ conducted by someone in your firm or by an outside consultant ­ can help your law firm get candid feedback that may help you:

• understand why associates are leaving and identify issues you need to address to remain competitive as an employer;
  
  
• arrange for return of client files and firm property (including intangible property, such as licensed software);
  
  
• provide a forum for discussing client confidentiality and possible conflicts of interest;
  
  
• identify issues that could result in legal concerns; and
  
  
• wrap up administrative matters, such as continuation of benefits and final compensation.

Who should conduct the exit interview?

Generally it should not be the attorney who directly supervises the associate, Buchanan says. "A neutral third party should conduct the exit interview. The interviewer needs to be someone who is credible, honest, a good listener ­ someone who can establish rapport without letting the exit interview become a gripe session."

A small firm might consider engaging an outside, human resources professional to fulfill this role. Even though this person may not be equipped to answer all the departing employee's questions, an outside consultant has the advantages of special training and distance from the situation.

When should the exit interview occur?

Hold the exit interview as close to the associate's departure as possible. For one thing, you will be asking for the return of keys, parking passes, laptop computers, credit cards, long-distance phone cards, cellular phones, and other firm property that the employee may need through his or her final day. Remember to ask associates to return or unload licensed software that may be housed on home computers.

Beyond the housekeeping matters, however, you want the exit interview to be as "pure" as possible, particularly if the associate is leaving involuntarily or you have reason to believe the employee is considering filing a complaint or lawsuit. "The exit interview might provide the final opportunity to talk with an employee before government officials or the employee's private attorney is involved," Buchanan says.

Where should the exit interview take place?

Exit interviews should be conducted in a private place where candid, honest conversation will not be overheard or "overseen." Take steps to avoid interruptions, just as you would if you were meeting with a client, Buchanan recommends.

What questions should I ask?

Each law firm is unique and will need to develop exit interview questions that address the firm's specific needs, says Buchanan. Here are some questions you might consider asking:

• Why are you leaving?
• Where are you going?
• What does the new firm or organization offer that appeals to you?
• How would you rate this firm on the following?

1) mentoring you received

2) supervision of your work

3) communication within the firm

4) substance of your practice

5) opportunities for growth and experience as a lawyer

6) process for advancement to partner or shareholder

7) level of workload/balance with personal life

8) recognition for marketing or administrative duties

9) employee benefits

10) compensation (level and method for determining)

• What conflicts of interest might arise from your transfer to another firm? (See Part II of this series in the March 1998 Wisconsin Lawyer.)
  
  
• What provisions have you made for professional liability insurance? (See Part I of this series in the December 1997Wisconsin Lawyer.)
  
  
• What did you like most about practicing in this firm?
  
  
• What did you like least?
  
  
• Would you recommend this firm as an employer to others?
  
  
• What would you tell a new lawyer who was considering a position with this law firm?

For a sample exit interview form, see the Society for Human Resource Management Web site, or call the society at (800) 283-7476.

Ann Massie Nelson is director of communications at Wisconsin Lawyers Mutual Insurance Co. Past risk management columns appear on the WILMIC web site, with permission of the State Bar of Wisconsin.

What else should I be aware of?

• Be honest and direct as to the reason for termination.
  
• Limit giving exit interview information to only those with a need to know.
  
  
• If anything unanticipated comes up, for example, the employee accuses the firm of discrimination or harassment, consider postponing a specific response until you have had a chance to carefully investigate.
  
• Firms should carefully consider the individual circumstances, Buchanan advises.

Now what?

Compile the information from exit interviews in one place. "The biggest mistake firms make is to file the information from the exit interview in the departing employee's personnel file and ignore it," Buchanan says. "The whole point of this is to discover things that merit follow up. If the departing employees consistently voice specific complaints, these probably need attention."

The final installment in this series: "Have License, Will Travel: Who Keeps the Files?" will appear in September. Other installments appeared in the March 1998 and December 1997 issues.

Wisconsin Lawyer