In a competitive legal market, firms look to create an environment where associates can grow.
Although forward-looking law firms have often focused attention on developing formal retention initiatives, a recent survey reveals that associates are largely unimpressed by these programs.
Paula Tsurutani
Freelance Writer and Editor
The survey, conducted by Major, Lindsey & Africa (MLA), revealed that 60% of associates do not feel that firms are actively trying to retain them. Of note, only 15% planned to stay for at least three years, and 25% said they did not plan to stay for more than a year.
Considering the time, money and resources needed to recruit, onboard and train new lawyers, these findings are discouraging and eye-opening. But they also present the legal industry with opportunities: In response to these findings, many firms may want to begin an honest reevaluation of their recruitment and retention strategies and firm values — especially since 90% of survey respondents said that they would definitely stay if they believed the firm was trying to retain them.
So, how can firms create an environment or culture that inspires associates to join, stay, contribute and thrive? It starts with the recruitment process.
1. DON’T OVERLOOK THE POWER OF THE RECRUITMENT PROCESS
During the recruitment phase, firms can set the tone and make a positive first impression about their culture, expectations and willingness to support attorney career goals and advancement.
“A good recruiting endeavor starts with strong communication between the candidate and the practice group,” says Deverie Hart, Senior Manager, Lawyer Talent Acquisition at Davis Wright Tremaine, LLP. “We work to understand the needs and the motivation of the candidate, and make sure that their needs match ours, and that the candidate understands the [Davis Wright Tremaine] value proposition. We work hard to present an accurate picture of what it’s like to work here and share information on the specifics of working in the practice group, as well as firm policies, [diversity, equity and inclusion] efforts, pro bono and social impact, initiatives, professional development opportunities, and firm economics.”
The communication efforts continue after the attorney’s start date, when Davis Wright Tremaine activates its formal lateral integration plan. The plan, which is customized for every new attorney, is designed to ensure continuous connection and communication. Internal teams of attorneys and key staff regularly check in, respond to random questions, and offer feedback to help demystify firm protocols and ensure new attorneys get the support needed for a successful transition.
“Leaders seeking to engage young generations of employees need to create an environment that allows employees to take ownership of their career paths, make decisions and contribute ideas that foster a sense of autonomy.”
The involvement of top management signals the importance of recruitment and retention and sends a clear message to prospective hires, too. Hands-on participation by top firm leaders makes a strong impression especially when recruiting and retaining elite talent.
“Recruiting that has the support and attention of firm leadership results in the most successful recruiting,” says Amee R. McKim, Director of Legal Recruitment and Development at Duane Morris. “Our Chairman views recruiting as a priority in his job and he spends a considerable amount of time on recruiting. The same is true of our Vice Chairman and our [Chief Operating Officer]. We want candidates to meet our team and get a sense of the firm’s culture and community. Candidates need to see how they can contribute to the firm, how they will be supported, and understand that their views and approaches will be respected. In short, they need to feel that they belong.”
2. FLEXIBILITY MATTERS
Availability of remote work and flexible hours are often requirements among attorney job seekers. But as pandemic concerns fade, many firms have mandated return-to-office policies, requiring a minimum three or four days in-person per week, citing the benefits of in office attendance in mentoring, team building and training.
Flexibility is key in making these policies work because hybrid schedules are highly sought after as a benefit and provide a clear recruitment advantage.
“Lawyering is hard and demanding work and hybrid schedules allow flexibility, autonomy and contribute to lawyer and staff well-being,” says McKim. “We trust our lawyers and staff to know when they can comfortably work remotely, be in the office when circumstances call for it and to be responsive no matter where they are working.”
Although Davis Wright Tremaine does not have a forced mandate, the firm encourages attorneys to be in the office two to three days each week. In office connections build community within practice groups and strengthen a strong firm culture that is a point of pride.
“Hands-on participation by top firm leaders makes a strong impression especially when recruiting and retaining elite talent.”
“Each practice group plans their own in office days in order to capitalize on in-person time together in practice group meetings; we call it ‘intentional connections,” says Hart.
McKim emphasized that Duane Morris’ in office policy “allows for flexibility among attorneys and staff without sacrificing the importance of in office collaboration and in-person community.” She adds that the firm encourages a three-day in office schedule, so “junior lawyers can learn through observation, impromptu brainstorming sessions, and other spur of the moment opportunities that don’t exist with remote-only work.” They also expect senior lawyers to actively involve remote workers in meetings and discussions, and when assigning work.
Some law firms have gone a step further and have taken a dramatic position regarding in office expectations. Quinn Emanuel’s website declares: “Talent mandatory. Office optional.” All U.S.-based litigators at Quinn Emanuel are “eligible to work from anywhere in the U.S. indefinitely,” including first-year associates to partners. John Quinn, the firm’s Founder and Chair, says: “Other firms can force everyone back into office towers. We’re going to focus on continuing to get the best litigators in the country to join our firm, without regard to where they live.”
3. GIVE PATHWAYS FOR CAREER ADVANCEMENT
Senior partners sometimes grumble about young associates who want to accelerate their advancement and career goals and seem unwilling to put in long hours and “pay their dues.”
“Leaders seeking to engage young generations of employees need to create an environment that allows employees to take ownership of their career paths, make decisions, and contribute ideas that foster a sense of autonomy,” says Lauren Winans,Chief Executive Officer of Next Level Benefits. “They need to encourage a culture where individuals feel empowered to drive their career progression.”
They also need to provide a clear rationale for project expectations. “This generation is willing to pay their dues, but they want sound reasoning behind what is asked of them,” says McKim. “If there are more efficient ways to work, they will take that path. But that doesn’t mean they aren’t willing to work hard to earn their stripes.”
Duane Morris has always supported lawyers with an entrepreneurial spirit, says McKim. To that end, associates are given early responsibility and client contact, and the firm fully supports their involvement with bar associations, firm committees and industry groups.
“Demonstrating respect is also critical in retaining talent. Recruits want employers who allow and accept candidates as they are.”
Offering professional development, comprehensive training and real-life experience are baseline requirements that foster and deepen engagement. Instituting recognition programs and providing timely feedback also are retention drivers. Management needs to “prioritize robust career development programs, offer continuous learning opportunities and mentorship to empower younger employees,” says Winans. “Instant feedback and acknowledgment also motivate younger employees and contribute to a sense of accomplishment.”
4. TRANSPARENCY AND RESPECT GO A LONG WAY
Long-term retention also hinges on honesty about firm policies, practices and performance.
“Transparency is a key factor to our success in retaining and developing talent,” says Aglaia Galimanis, New York Manager, Lawyer Talent Acquisition at Davis Wright Tremaine, LLP. “Our firm culture prioritizes transparency of information — from an open compensation system to an open door for communication with firm leadership.” Notably, that includes sharing information about firm financials. When presenting firm updates to the entire firm, leadership will discuss performance with quantitative data that, historically, had not been shared with associates or staff.
Demonstrating respect is also critical in retaining talent. Recruits want employers who allow and accept candidates as they are.
“We have seen more candidates seek out employers who allow them to be themselves, so they don’t need to hide tattoos or identify with the expected norms,” says Galimanis. If firms tout their diversity, equity, inclusion and accessibility (DEIA) initiatives, prospective hires want to see evidence about specific efforts that demonstrate tolerance. If firms say they support the advancement of women in leadership roles, they need to provide data and examples. And because law firms are notoriously hierarchical, more candidates are seeking firms that treat all employees well — and that means administrative staff, exempt and nonexempt employees, too.
Just extending some basic common courtesies can go a long way in improving retention. To that point, MLA’s survey gathered a number of comments that underscored the need for firms to polish their interpersonal skills.
Helping associates feel more valued, the survey reported, could be as easy as “people saying thanks” and just “being treated like a person.” As one lawyer said, “Treating associates like grown adults does more for retention than any mentorship program.”
Another factor in retention? Simply listening.
“One way that law firms can boost overall associate satisfaction and retention is by listening to their concerns and addressing them as best they can,” says Tina Cohen Nicol, Partner with MLA’s Associate Practice Group. “(F)irms might be surprised how impactful soliciting feedback and active listening can be … as the data shows, associates who feel their firm is making a genuine effort to keep them are more likely to stay.”
On a recent episode of Legal Management Talk, we chatted about the parts of leadership that can impact an employee’s connection and experience at your firm. Christine Wilbur, MBA, Associate Executive Director, Orange County Bar Association and a member of ALA’s Professional Development Advisory Committee, discusses what prospective or existing employees really need. From support and resources to intangible parts of good leadership, we cover how to get your staff showing up as their best selves each day so they can feel connected to their work and see how it fits into the firm’s overall purpose. Tune in today!
About the Author
Paula Tsurutani is a senior-level strategic communications writer and editor who works with organizations in the legal profession, the arts and higher education.