NJL
Technology Column for November 2000
Managing the People with the Technology
By Carol L. SchleinHow
do you know when you firm has gotten large enough to hire a
person to manage your firm’s network? How large does your firm
have to be to justify hiring an office manager? What kinds of
skills should your staff have? What does it take to be a
technologically literate lawyer today? What computer skills do
you expect your new associates to have? How do you compare
them to other firms?
Over the years, I have met many
lawyers who have different theories of how to staff their
offices and what skills they require. The extremes range from
the traditional staffing of one secretary for each attorney to
firms that pride themselves on being "lean and mean." Many
firms began as smaller firms and grew gradually. Starting with
a lawyer or two, most firms had one or two secretaries and may
have shared a receptionist with other law firms in their
suite. As the number of lawyers increase, most traditionally
staffed firms simply added more secretaries.
The advent of the personal
computer in the early 1980's brought with it new theories
about the appropriate ratios of staff to lawyers. Despite many
surveys and consultant hours studying law firms, their sole
focus seemed to be on the numbers rather than the skills.
While most people advocated and recognized the need for
training on these new systems. Few people had the requisite
skills and most lawyers valued legal secretaries who knew more
about handling the paper work associated with the work than
the function keys required to change the margins.
The other dynamic in play at
the time was the notion that "lawyers shouldn't use
computers." Many practitioners considered it demeaning or
secretarial duties to work directly on a keyboard. While this
attitude has changed over the last two decades, there are
still remnants of it lingering. There are still some lawyers
who refuse to learn about computers and there are younger
lawyers who enjoy the opportunity of delegating tasks to staff
rather than performing them themselves when it would be more
efficient for everyone concerned.
The best example of this latter
problem is the lawyers who still refuse to use their firm's
timekeeping and billing program to enter their own time
records. Recording your time on paper and requiring a staff
person to translate and transcribe it is counterproductive, at
best. On top of the extra work of getting the time entries
into the computer billing system, the resistant attorney makes
more work for himself or herself by having to proofread the
entries more carefully since they are at greater risk of being
wrong.
In fairness to these lawyers,
many of the leading law firm billing programs have made the
same presumption about who will be entering time records.
These companies need to address this issue and provide a more
intuitive and easy to use time entry screen than they
currently do.
As the economy expanded in the
last few years, attracting technologically proficient
employees to work in law firms instead of investment banks and
Internet start-ups became more challenging. Even smaller firms
were too busy to properly train their personnel when upgrading
to new versions or new environments and trying to keep more
demanding clients satisfied. Most firms upgraded from
underused DOS versions to Windows without examining what new
features were added that would improve their document
production and general handling of office work.
To make matters worse, many
firms hire recent law graduates, assuming they are
technologically literate. In my experience, many new lawyers
are more comfortable with computers than their predecessors.
However, most young lawyers are self-taught when it comes to
doing word processing. While I realize it is dangerous to
generalize, self-taught word processors, whether they are
lawyers or secretaries, often use the wrong function or do
things the wrong way and make additional work for the next
person working on the document. For example, while it may look
the same in the printed version, using tabs or spaces to
center or indent text will result in clean up if the text is
subsequently edited.
Many of the older software
programs that law firms had been relying upon for critical
functions such as billing and contact management were not
designed to work properly once January 1, 2000 passed. As a
result, in the second half of 1999 and partially into early
2000, law firms upgraded their software in record numbers.
Again, with the last minute rush of these upgrades, training
was often neglected or shortened.
If you are considering hiring
additional lawyers for your firm, how do you determine whether
they have the requisite technical skills to help your firm
better service its clients and attract new ones? Consider how
important computer skills are to your partners when you are
hiring new attorneys. Has it been ignored? Do you know how to
evaluate a lawyer's technical skills? Have you developed
computer competency standards which each lawyer must master?
When you are hiring new support staff, what criteria should
you use to evaluate their skills? What about bringing in
lateral hires or new partners? Have you never even thought
about these issues before?
Before hiring new lawyers or
staff, it is worthwhile to examine what your current employees
are doing and how those positions can be improved. Rarely, do
law firms take the time to examine how work is being
performed. Over the last three years, I have spent a lot of
time implementing case management systems such as Time Matters
in law firms. In doing so, my first task is to examine the
flow of information within the firm. We start with the initial
contact of a prospective client with the firm. Do the clients
generally walk in the door to your storefront office, do they
call because of a yellow pages ad or do they call because they
are referred by a previous client. From the initial contact,
you need to examine what happens next. In some firms, they
come into the office for an initial consultation with an
attorney while others send a general information letter and
brochure to them. By closely examining each step of a typical
client engagement from initial contact through a satisfactory
outcome, you will surely find places where your procedures,
forms and other uses of technology can be improved.
When hiring or bringing in new
people to their firms, lawyers often fail to consider or
evaluate the individual's technical skills. It's illuminating
to see what lawyers or their firm administrators think are
important when listing job openings in New Jersey Lawyer. The
ads typically include "must have strong academic background
and good writing skills." I can't recall ever seeing a job
opening for an attorney position that included mention of
computer skills. While I can understand the importance of good
writing skills and maybe good grades in law school, I continue
to be amazed that lawyers looking to hire new associates don't
even mention computer skills.
It's no better when they are
hiring new secretaries or paralegals. For these employees, the
ad might read "Knowledge of pick-your-word-processor a plus."
More often, these days, the support staff ads will specify
"proficiency in Word (or WordPerfect) a must." The ads for
paralegals fall somewhere between those for lawyers and
secretaries with copy such as "strong computer skills
required" without specifying which applications they must be
familiar with. This is almost like asking for someone who can
speak a foreign language but not caring which one!
Maybe, I am more attuned to
this issue based on my own frustration of being a young
associate in a firm where the attitude was clearly expressed
that "lawyers shouldn't put their hands on keyboards." On the
other hand, it seems to me that too many lawyers don't
consider computer literacy even worth mentioning as a
requirement for a new hire. Among my clients, I have some who
recognize the need for their lawyers to be computer literate.
They brag about being "lean and mean" as in not requiring as
many secretaries as the firm down the block to support their
lawyers' work. The focus on the ratio rather than the work
that needs to be performed is equally misguided. The firm may
be using their people inefficiently by not having lower paid
people to assist with the more mundane tasks that are part of
providing service for clients.
Consider the lawyer who hangs a
shingle and decides to forego the expense of having an
assistant. Sounds good, doesn't it? And it is until all those
annoying calls from telephone solicitors need to be answered
because there is no one but you to pick up the phone and you
don't want to take the chance that the call may be from a
prospective client. Okay, you say, splurge for caller ID so
you can ignore those types of calls but how can you tell the
difference between someone who is shopping around for price
versus someone who recognizes the value of your legal
services? A good assistant can help you filter out the price
shoppers and have you spend your time meeting with more
lucrative potential clients or better yet, spending your time
doing work for your paying clients.
Still not convinced to get an
assistant? How about stuffing your bills into envelopes at the
end of the month? Is that a good use of your time? Lawyers
have no formal training in time management. One complaint I
hear frequently from their staff is that their bosses will
spend the day on the phone and hand editing or rush jobs to
their staff at 4:00pm. Better planning and managing of
deadlines would go a long way to making your life less
stressful and making the job of working for you more
desirable.
Bigger firms that pride
themselves on low lawyer to staff ratios may be
counterproductive in their thinking if the lawyers end up
having to do work that would be better done by a lower level
person. The decision of when a firm is large enough to justify
having an office manager or network administrator is not a
clear one. Again, it depends on many factors including the
nature of the firm's work, the ability and functions of the
existing staff and the volume of work. There are larger firms
with only a few clients and small firms with large court
dockets and complex schedules. The best tactic is to look at
your own firm, figure out who is doing what, who could do
those tasks better, how can they be done better and do you
have the right people to do those tasks.
Before upgrading your
computers, hiring new personnel or implementing new software,
take some time to rethink the overall staffing and functioning
of your office. If the lawyers are computer literate and
entering their own time records, some calendar items and can
prepare basic documents, the role of an assistant is different
than someone working for a lawyer who doesn’t use their
computer for client-related work. In computer-savvy offices
with enough support staff, the firms can do more proactive
work on behalf of their clients and do more outreach to
attract potential clients.
Examine the basic functions
that need to be performed in your office. Start with preparing
simple letters and fax cover sheets. Can everyone in your
office prepare a short letter to existing clients and contacts
or are they reinventing the wheel each time? Does each person
have their own format, templates and macros or does your firm
have some uniform procedures for basic documents? Technology
upgrades are a good time to re-examine your firm's procedures
and use of technology. Are people in your office using the
programs correctly? Does everyone know how to set up headers
and footers, use tabs and indents instead of spaces, use
automatic numbering so that paragraphs can be moved around
when the document is edited? Short training sessions on
specific topics such as these or tips and tricks e-mails
around the office can help to ensure everyone in your office
is preparing documents in a consistent format. You may find
that your staff are spending unnecessary time cleaning up
documents done by the lawyers or other secretaries simply
because people were either self-trained, untrained or never
told that the way they were preparing documents was wrong.
If, after all of this, you
determine you need more help in your office, consider using
one of the many skills assessment tools available. There are
commercial products such as Prove It! which test specific
knowledge of word processing, databases, spreadsheets and so
on as well as many self-assessment tests that can be found on
the Internet at no charge. Be sure to check for references and
include questions about the applicant's technical proficiency.
In my experience, lawyers
should be looking to hire people who complement their skills
rather than have the same temperament and talents. Adding more
skills and viewpoints to your office will allow you to better
serve your clients. |