Edward Poll, The Daily Record Newswire
Having a comprehensive job description for every position in the law office is essential for a number of reasons. First, it is a prerequisite to an objective and efficient bonus program, in which staff people are told specifically what they are expected to do and how performance of those responsibilities will be evaluated to qualify for a bonus. Another reason for detailed job descriptions is that when employees understand what they should be doing and the criteria by which they are evaluated, they are more likely to be committed to their roles and their performance is more likely to be positive. Moreover, they are less likely to resort to legal action for perceived unfairness.
The absence of such descriptions, in contrast, promotes inconsistency, threatens objectivity, and opens the firm to allegations of unfairness.
Descriptions should include the specific, significant tasks of each position and the performance standards by which the accomplishment of these tasks is judged. Staff people can, of course, make the extra effort beyond their job descriptions that can justify extra reward -from volunteering to make collection phone calls on overdue accounts to using personal time for reading up on law firm management and suggesting ways to implement the lessons learned.
In addition, job descriptions are critical in making new hires. Hiring somebody is one of the most difficult challenges, but a job description certainly makes it easier. From the lawyer's perspective, it begins by defining what you need, by asking yourself what you do now that could effectively be delegated and to whom you could delegate it. The principle is to delegate to the lowest level of competence you can so that your firm achieves the best rate of return on each person's work. That means that while you do the work that only you can do - serving your existing clients and marketing your practice to potential new ones - you are simultaneously leveraging skills of others at a cost of $X and charging that work out at a $Y billable rate so that there is a profit ($Y $X) to the practice.
When creating job descriptions, you must list the characteristics of the ideal candidate to whom the particular work can be delegated. If it is a secretary, you should have precise standards for document and file management, technology and software literacy, communication skills, and professionalism. If it is a paralegal, it means defining the precise areas to be handled (such as intakes, pleadings, research, depositions, summaries, and so forth) and the skills required to handle those tasks. Knowing what your needs are and what it takes to meet them is essential to finding the right employees.
Depending on the practice's size, the search process may be conducted in various ways. This could include in-house personnel or an outside agency or, in the case of the smallest firms, like solo practices, by the lawyers themselves. The search process could involve use of both print and online job search and job posting services as well as referrals from networks of colleagues, clients, and bar associations.
But even with a perfect job description and search process, remember that the hiring decision itself is ultimately a matter of gut feeling about the candidates and how they match up to your requirements and "fit" with the firm's culture.
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Edward Poll, J.D., M.B.A., CMC, is a law practice management thought leader and contributor to this publication. His website is at www.lawbiz.com.
Published: Thu, Mar 26, 2015
