Risk Management
Help Wanted: Law Firm Risk Manager
Finding a top-notch assistant who can
act as your safety net is becoming increasingly difficult. Learn how to
find the best employees from the shrinking labor pool in the first of
this two-part series on recruiting and retaining support
staff.
By Ann Massie Nelson
Open the Sunday classifieds to the help wanted
section and you will see it's a job seeker's market. Signing bonuses,
generous benefits and promises of good pay, advancement, and a fun work
environment are increasingly common as employers try to tempt workers to
join their team. With the state unemployment rate averaging 2 percent,
the smaller law firm looking for a sharp assistant is hard pressed to
compete.
The composition of the labor pool is changing as well. "No one wants
to grow up to be a legal secretary anymore, even though the salary is
excellent for someone without a college degree," says Carole Hahm of
Carole Hahm & Co., consultants to the legal profession. "The days of
the loyal, career secretary who could practically practice law are
history."
Monica Hansen, office manager at the Madison firm of Solheim Billing
& Grimmer S.C., agrees. "Five years ago, we could advertise for an
experienced legal secretary and receive several applications. Now, we
look for people who show initiative and problem-solving skills, and we
give them the legal training."
Concurrently, lawyers are embracing technology that allows them to
prepare written documents, complete forms, and schedule time-sensitive
work with less reliance on support staff. "With clients' demands to keep
fees down, you have to find ways to operate more economically," Hansen
notes. "You cannot afford to have a one-to-one ratio; one assistant may
work for two, three, or four attorneys."
Technology alone does not create efficiency, however. The lawyer who
is not proficient with technology cannot justify billing clients the
full hourly rate for clerical tasks. Furthermore, the ideal assistant
does what no computer can do: acts as your firm's designated risk
manager to catch errors and omissions before they result in potential
malpractice claims.
How does a law firm find the ideal assistant in the current job
market? Here are some tips.
Create an announcement that will attract the right candidates.
Chances are your future assistant is already employed, so your
classified ad or job posting needs to capture the casual reader's
attention and invite further inquiry. For starters, the position title
should reflect the professional responsibilities the job entails. Avoid
titles such as "office help," "secretary," "clerk," or "Person
Friday."
"Most employment ads are either too general or too specific," Hahm
says. For example, an ad that describes your law firm in glowing detail
but fails to adequately describe the position is unlikely to attract
many qualified candidates. On the other hand, when you list a half dozen
software programs in which you expect proficiency, you prompt skilled
candidates to disqualify themselves.
Key phrases to use in advertising for an assistant are "highly
organized," "detail-oriented," "problem-solving skills," "professional
communications ability," "enjoys working with clients," "opportunity for
growth," and "experience with word processing and time and billing
software."
A real carrot to use is "flexible hours" or "willing to consider part
time." "There's a big untapped market of people who are interested in
part-time employment," Hahm notes.
Get the word out.
Ask your newspaper to help you create and place an ad that gives you
the most exposure for your dollar. Sunday newspaper classified and
display (boxed) ads generally draw a higher readership than weekdays.
Place the ad in both the office/clerical and professional/technical
sections. Inquire about the publishing schedule for special career or
business sections; you might reach a wider audience if you can wait a
month.
Consider advertising in newspapers and magazines other than your
daily newspaper, including those published for the legal profession,
minorities, seniors, and college students. (Hansen's firm also posts job
announcements at the local technical school and universities.)
Word-of-mouth is the oldest and most successful form of advertising. Be
careful to avoid raiding other law firms for employees; not only will
you risk the ire of your colleagues, you may find yourself saddled with
a conflict of interest.
Screen applicants carefully.
With the standard two-week notice of resignation, many law firms
scramble to find a replacement assistant. Hahm has seen law firms so
desperate to hire someone that they "want to believe the best about a
candidate, even when there are obvious shortcomings."
Study the cover letters and resumes for organization, grammar, and
spelling ability. Would you feel confident asking this person to write a
letter to your clients? If possible, personally telephone the top
candidates to schedule interviews and evaluate the applicants' telephone
communications skills. Does the candidate sound professional?
Enthusiastic about the job? Again, ask yourself if you would feel
confident having this person represent your firm on the telephone.
Some lawyers rely on an employment agency to locate and screen
candidates for them. Be aware that agency commissions run between 18 and
33 percent of the first year's salary. "If the person the agency sends
doesn't work out, you may be out of luck. The agency may send a
replacement, but no refund," Hahm says.
Take your time interviewing.
Admit it: You spend more time with your coworkers than you do with
your family, so take some time to become acquainted with candidates, not
just as job applicants but as people. Don't be so eager to hire someone
that you fail to ask the questions that a human resource professional
would ask: Why are you considering leaving your current position? Can
you explain the three-year gap in your employment history? How would
your current employer describe your work ethic?
"Lawyers tend to talk too much in interviews," Hahm says. "Ask
open-ended questions that invite the person to talk about himself or
herself."
Corporate human resource departments often use a checklist to make
sure they ask the same questions of every prospective employee.
Following the interview, rate each candidate on the qualities you are
searching for, such as technical skills, experience, professionalism,
attitude, and personal communication skills. Note on the form if the
candidate was punctual and dressed appropriately for an interview. A
rating form is particularly helpful if you are interviewing several
candidates or have more than one person involved in the interviewing
process.
Finally, check references. "Lawyers say, 'No one is going to tell us
the truth.' But references are rarely reluctant to say good things about
a person. If they won't comment, that's a danger sign," Hahm advises.
Some corporations have a strict policy against giving references.
Make an offer.
The economic laws of supply and demand apply to salaries, so know
what the market rates are for assistants in your area before you make an
offer. Check the classifieds, ask your colleagues at other firms, or
consult the annual salary and benefits survey of Wisconsin Association
of Legal Administrators. (Note: Only firms with WALA members are
surveyed.) An informal survey conducted at the Law Practice Symposium
Breakfast at the State Bar Midwinter Convention in January found
salaries ranged from $15,600 to $30,000 (median salary $20,800) for
assistants with three to five years of legal experience.
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.
Hahm says a candidate should not change jobs for less than a 10
percent increase in salary. She cautions lawyers to be prepared to
defend a new employee's salary. "In a firm with three or four staff
people, they will know what each person makes. You have to have some
parity or you will soon be filling another position."
"I believe it's a mistake to underpay people, but money isn't
everything," Hansen says. "Flexibility, fun and interesting work, an
inclusive atmosphere where the attorneys involve them in solving
clients' problems, seeing (not just being told) that their work is
important - all these factors play a critical role in creating an
atmosphere where people want to work."
See the June issue for the next installment in the "Help wanted"
series: How law firms can retain staff.
Wisconsin
Lawyer