4 Mistakes Partners Make When Managing Remote Associates

By Aebra Coe
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Law360 (November 12, 2020, 4:45 PM EST) -- How law firm partners manage teams of associates was turned on its head this spring as the legal world switched to remote work due to the coronavirus pandemic, and nine months later there are still some kinks that need to be worked out.

Even while many large law firms have reopened their offices as the pandemic drags on, a sizable portion of their workforces continue to work remotely most or all of the time, and partners are continuing to manage associates from afar, in some cases working with young attorneys they have never met in person.

While many partners have adjusted well to the new normal, others still have a way to go when it comes to fine-tuning their remote management strategies, according to recruiters who work with associates.

Too Little Communication

Undercommunication is far and away the biggest complaint associates have when it comes to the partners they work for remotely, according to Heather McCullough, co-founder of law firm consultancy Society 54.

Especially at the beginning of the pandemic, some partners would make assumptions about how hard — or not hard — people under their management were working simply because they could not see the work those people were doing firsthand, McCullough said. But times when someone does not meet an expectation are perfect opportunities to communicate more effectively and can start a productive conversation, she said.

For instance, if a partner posed a question to an associate at 8:30 a.m. and didn't hear anything back for an hour, instead of assuming that person was still in bed, they can simply ask what held that person back from responding as quickly as desired. It could be that the associate had to help their child join their school's Zoom call at 8:45 a.m. and needs to adjust their work start time.

"Without that clear communication, people make assumptions about what you're doing when it's not true. And that can lead to resentment," McCullough said.

Not Enough Feedback

Another major management misstep is when partners fail to regularly provide clear and timely performance feedback, something that in some instances may be exacerbated due to the pandemic and remote work, according to Altman Weil principal Thomas Clay. Clay said his firm has performed surveys on associate satisfaction for law firms' internal use going back decades, and this is something that regularly comes up.

"For an associate who can't get the guidance they need from a partner, it's hugely stressful," Clay said.

Steve Armstrong of Armstrong Talent Development said partners should avoid assuming enough communication will take place spontaneously and should instead create clear expectations through check-ins, updates, team meetings and the like.

"The primary mistake is to manage on autopilot, not realizing that managing remotely may require some changes to ingrained habits, especially when they manage someone with whom they don't already have a long and strong working relationship," Armstrong said.

A Lack of Compassion

Some partners also make the mistake of not being understanding enough of associates as they navigate a challenging time, recruiters said.

"[It is important] for partners to be cognizant of the fact that associates have different concerns in their households and with time management. Many are living in close quarters with spouses also trying to work and with children underfoot," said Michelle Fivel, a partner at recruiting firm Major Lindsey & Africa.

Additionally, where possible, many associates are craving boundaries between their work and personal lives while working from home, Fivel said. Partners can help maintain those boundaries by refraining from communicating about or expecting work during certain times of the day that are outside the associate's usual work hours unless absolutely necessary, she suggested.

"Everyone realizes when there is an important deal or when preparing for trial, boundaries are hard — lawyers are used to working under those time pressures. But on a regular basis, absent a real need for that, there has to be some boundaries," she said.

Doing It All Solo

Finally, partners sometimes try to meet all of their associates' needs on their own.

One common suggestion among recruiters and consultants is for firms to appoint a trusted, approachable person that associates in a given team can go to with questions and concerns about their development, performance and other needs.

"It's important to have a point person who really is thinking about the development of the associate, of their skill set, and making sure that they're feeling connected and integrated and a valued member of the group," Fivel said.

Good management in a law firm — or anywhere — comes down to flexibility, especially during the pandemic, when workplaces are in a state of flux, according to Silvia Coulter, co-founding principal of law firm management consultancy LawVision.

Part of being flexible and adapting is learning new skills, she said. Most firm leaders have no formal training in management and particularly in remote workforce management, so it's important for firms to offer programming internally on those topics, she said.

"Working remotely will likely continue to be a part of any firm's future. Providing flexibility will be critical to retaining and growing the firm's professional and support [staff]," Coulter said.

--Editing by Alanna Weissman and Nicole Bleier.

For a reprint of this article, please contact reprints@law360.com.

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