Feedback Loops: Performance Evaluations in Law Firms
Does your firm have employee reviews for the support team and associates? Is there a system in place to provide regular performance evaluations? Do you have a way for support staff and associates to offer feedback on supervising and managing attorneys? Without regular reviews any disciplinary actions or termination may feel baseless and personal. A regular cadence of feedback will enhance moral, cut down on surprises, and provide a way for your team to have their voices heard.
No Surprises
Some employees and supervisors dread the annual performance review because they do not like to give or receive negative feedback. However, current best practices suggest that performance evaluations should focus on a strengths-based approach, not weakness. If there are performance issues they should be addressed as they happen, not months after the fact.
Of course, any negative feedback needs to be well considered, approaching it from a “how can we help you improve?” and not given in anger or frustration. In many ways it is like parenting! Also, remember that to maintain morale, supervisors should strive to give praise and positive reinforcement at a rate of five times that of feedback that could be construed as negative. Even excellent employees become demoralized when the only communication they receive from a supervisor is when they need to improve or discuss a mistake, and all their excellent work goes unnoticed and unvoiced.
To enforce a more consistent approach to reviewing an employee’s performance you can consider implementing a quarterly review cycle. In this way you make sure to schedule time to discuss opportunities for improvement and give positive reinforcement. This also leaves time during the annual review for goals setting and discussing the employee experience.
Annual Review
An annual review should be a time to reflect on the past year and look forward to the next. To make sure it is part of the employment record it should include a written performance evaluation (examples here and here), a scheduled and dedicated confidential discussion, and the supervisor’s preparation and attention. Supervisors can encourage employees to submit any accomplishments, questions, concerns, or comments in advance of receiving the written evaluation. Some organizations also request a formal self-evaluation (template here) as part of the process.
If the conversation will include some negative feedback, consider the Win-Win Conversation Model. Instead of focusing on right versus wrong or placing blame – which will usually create defensiveness on the part of the employee – focus on problem solving and collaborative strategies to improve.
180 Review
Whether you call it a 180 review or a 360 review (sample template here), spot checking a supervisor’s management skills is important. It is best not to do these in conjunction with any performance appraisal period if reviews are done for the whole firm at a specific time (many companies do reviews on the date of hire). Why? You do not want to have it to appear retaliatory in any way. What is a 180 review? It is a chance for employees to give anonymous feedback about supervisors or managers. It is no secret that bad bosses can be a significant issue in a law firm, creating turnover, stress, job dissatisfaction and a bad reputation for the firm. It is unacceptable to ignore the fact that a morale problem could stem from management. Other managers and supervising attorneys may know that an attorney’s injurious behavior is creating a toxic culture and causing turnover but have no documentation to start a discussion. The good news is that being a good manager is a learned skill. With awareness, education, and dedication supervisors can improve – but it starts with honest feedback.
Goals Setting
In addition to reviewing performance, an annual performance evaluation should be a time to focus on what is next. Setting goals gives an employee aspiration to work towards. Goals are not duties. The daily expectations of a job and the job description are not goals. Goals should be measurable, and the employee should lead the way on what goals she wants to achieve. In fact, they may not be tied to performance. For instance, an associate could have a goal to volunteer more at the bar association or do more pro bono. The firm should encourage and support these goals, and make sure that the goals align with the firm’s mission and vision. Then it is a win-win for everyone!
Conclusion
Many firms do not have a formal review process, and when faced with a difficult employee must make tough decisions about termination. Having regular feedback can help identify or resolve issues before they get out of hand. Some firms shy away from reviews because they assume reviews are tied to compensation adjustment. While a review process may be the time to discuss compensation, those conversations can be held separately. With more firms bringing in remote talent and having less face time, consistent and thoughtful feedback and performance reviews should become intentional and mandatory.