Keep clients happy: stop pressuring associates on billable hours

Women lawyers around the US have told me a similar story which differs only by name and location. The story is one that should sound alarm bells to anyone in a law firm concerned about client service and work-product excellence.

The story begins with an associate describing conversations with supervising lawyers in which the focus of attention is on the associate’s billable hours. These are not conversations which address billable hour trends over a period of months or a year. Rather, the stories reflect the increasingly common scenario in which supervising lawyers ‘check in’ on a daily or weekly basis with young lawyers about their billable hour output, a conversation which invariably leaves the associate stressed and anxious.

The story then continues with the associate’s description of an assignment process in which the associate is assigned work by partners who have little time to communicate and who do not provide enough details to help the associate understand the context.

As one associate recently stated: “My supervising lawyer never gave me sufficient information when he assigned work. I would be given a narrow task, without any background, and he would then express frustration with me when I asked clarifying questions”.

The irony of this repeated story became apparent when I spoke with supervising lawyers, who often stated that today’s younger generation exhibit little ability to problem-solve. Senior attorneys lament that they are frustrated by associates whose work product fails to reflect an ability to answer anything but a narrowly posed question.

The problem identified by these senior lawyers reflects far more than a generational divide. It is, instead, a failure to communicate in an environment in which senior lawyers are overburdened, highly stressed and feel they have no time to assign work in anything other than a brief conversation.

As a result, assignments are frequently communicated in shorthand, devoid of context and with insufficient information to allow a young lawyer to exercise appropriate judgment. When there are conversations between the supervising lawyer and the associate, they frequently focus on hours billed, rather than substantive work issues.

Changing environment

The overwhelming stress all lawyers face today is fostering an environment that is anathema to the growth and development of future talent and impairs the quality of work provided to clients.

Managing partners have the ability to halt this counter-productive dynamic, however, as the tone and culture of any organisation are set at the most senior levels.

But this change can only be accomplished if managing partners reassess the way in which the billable hour model is negatively impacting attorney development and, along with that, client service.

The first step is to change the way in which billable hour concerns are communicated to associates. If a junior lawyer is unable to understand an assignment appropriately, a client’s interest cannot be advanced. If assignments are given in a vacuum because assigning lawyers have no time for a longer explanation, thoughtful problem-solving approaches cannot be expected.

And if a senior lawyer is too burdened by his or her own workload to spend the time providing guidance to a junior attorney, the firm cannot expect to build an infrastructure which nurtures and retains its future talent.

Some elements of human behaviour will never change, no matter how much the practice of law changes. Young lawyers need training and guidance when they enter a workplace. Assignments need to be clear and focused, and questions should be encouraged. Senior lawyers need to spend time giving feedback and guiding associates as they try to find the best answers.

Law firm leaders cannot tout the importance of running the firm like a business if they do not put in place strong business practices which include training and guidance to associates in the assignment process, and a relief from the pressure valve of constant billable hour report cards.

The most important value in a law firm is the collective commitment to excellence in the delivery of client service. But excellence can only be achieved through an integrated firmwide approach which provides incentives to ensure strategic alignment to that goal.

An assignment system that offers clear direction and encourages inquiry is a good start. Delivering constant messages to associates about their billable hour production does a disservice to the associates and the firm’s clients.