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
1997 Wisconsin 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