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Jean-Yves Gilg

Editor, Solicitors Journal

Meaningful feedback

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Meaningful feedback

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Both supervisors and young lawyers must work together to get the most out of the learning cycle, says Paula McMullan

To develop our knowledge, skills and attitude, we need to understand what is required,
be shown what to do and how to do it, practise, and then reflect on how we will do it differently in the future.

This is a simplified explanation of the cycle that we go through when learning new things. As part of the ‘reflection’ stage, the learner needs quality feedback
on what they have just done to understand what changes to make next time around.

For example, I may be asked
to draft a statement of claim.
First, I could discuss this with a senior lawyer to understand the remit and purpose of the task. Then I could look for precedents to work from and for guidance in texts. After that, I would prepare
a first draft and submit it for review.

What happens next is often
the weak link in the learning cycle. If my supervisor talks through my work with me,
asking me why I put in this clause or that argument and offering alternatives and improvements,
I will be going through the reflection phase in a proactive way. I will be able to ask questions to hone my understanding and, more importantly, my skill.

Unfortunately, not everyone
is skilled in giving feedback, and there are often too many business pressures on practitioners for them to focus on this vital phase in the development of their junior lawyers. So, if you are that junior lawyer, what can you do to
ensure you get useful and workable feedback? And if
you are the supervisor, what shortcuts can you take to delivering helpful advice?

Be precise

If things are busy, or it is difficult for the supervisor to focus on giving feedback, it can be easier for both parties to ask questions, such as: “What one thing would improve this piece of work?”
or “What should I stop/start/continue to do for the next assignment?” Another question which can work well is: “If you were in my shoes, how would
you have approached this task?”

Be specific

Vague feedback is rife: “It was very good, although the ending felt a bit rushed.” How will the person hearing this know what is required for next time? Another popular comment is: “You need
to be more confident.” This is an entirely subjective statement – what comes across as confidence to one person might be interpreted as brashness
by another.

It is vital to pinpoint the exact behaviour so that the learner knows what to do differently in future: “You don’t meet my eye when speaking with me and this gives me the impression that
you are not confident,” or “You spent three pages explaining the plaintiff’s first claim, but only one paragraph on their second.”

Listen and learn

Some may perceive development feedback as criticism and seek
to justify why they have done what they have. This is annoying for the person giving feedback and also means the learner is not absorbing the feedback itself
and is instead formulating
their response.

Wait for your supervisor
to finish. Ask questions to understand points you are unclear on. Then take time to reflect on what you have been told. If you still feel that the feedback was unwarranted, speak to your supervisor in a
calm manner.

As a supervisor, let the learner know you are happy to discuss their points once you have gone through the feedback. It may be useful to explain that you will
give them more complicated (and therefore more interesting) tasks if they show you that they are listening to and acting upon your feedback.

Telling people when they
have not done things right can
be a challenge for many lawyers. So, think of those people from
whom you have learned the most. What made them such effective teachers and what techniques can you steal from them? And learners, how can
you encourage your supervisors to spend time with you on this vital part of your learning? After all, your development as a lawyer benefits everyone. SJ

Paula McMullan is a consultant specialising in trainee solicitor recruitment and management www.mcmullanpartnership.com