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A legal education can equip one to take many career paths. But even an emphasis on employment law does not necessarily give a lawyer the tools to be a great employer.

It is probably not a shock to most lawyers that a lot of other lawyers out there are not great at the role of employer. But after having many conversations with law firm staff, here’s a news flash: many of you who think you are pretty good at employee relations are not doing that great of a job.

This is an issue no matter what the size of your firm. A small firm lawyer may find that by default he or she is the director of human resources. At a larger firm, a lawyer with no management responsibility whatsoever will still have to interact with subordinate staff such as file clerks and legal assistants.

So let’s spend a few moments discussing how you can be a better employer or supervisor.

1. Treat staff with respect

One of the most important aspects of being a good “boss” is to treat others with courtesy and respect.

You must do your very best to be polite and respectful to everyone in your office. Never “chew out” an employee in front of others. If a correction or negative feedback is required, do it in the privacy of your office.

If the issue is of such magnitude that everyone has to be informed or reminded about an office process, you should first talk to the offender privately and then inform him or her that you will be discussing this procedure with the rest of the employees to make sure that everyone understands.

The message “you didn’t understand this and it was a problem, so I have to make sure everyone else does” is a far more positive one than “you goofed up, and I’m going to make sure everyone knows you did.”

2. Conduct regular reviews

Every firm should schedule regular reviews for all non-lawyer staff. This should happen at least once per year, but twice per year or quarterly is preferred.

In these reviews, you should be sure to discuss both shortcomings and successes.

It should be known within the office when in the calendar year raises will be considered and when bonuses may occur.

One exception to this rule might be if the firm received a large financial windfall. When this is collected, it is generally good to “share the wealth” at the next pay period with a bonus while everyone is excited about the firm’s good fortune.

3. Put it in writing

An important part of legal representation is often “papering the deal.” But documentation for personnel issues is sometimes inadequate in small or medium-sized law firms.

This is a mistake. You should handle all employment matters in writing, starting with the letter that new hires receive on their first day congratulating them and outlining their pay and their benefits with references to the office policies manual (and their “at will” status if applicable in your jurisdiction.)

You should keep a personnel file for each employee and make entries in it, both positive and negative, as circumstances warrant. Always provide a copy of such entries to the employee with a written notice that he or she has ten days to provide a written response or explanation, which will also be a part of the file.

It is also important to put assignments in writing. Often lawyers call staff in and blurt out a whole string of complicated instructions, faster than the employee can take notes. Written instructions help make sure that employees understand what is expected of them.

4. Have office policies and procedures manuals

Even though many small firm lawyers dislike the idea of documenting office policies in writing, it is a critical part of the equation.

The 21st Century lawyer cannot afford to act as if no disgruntled employee could ever successfully sue, because it happens frequently these days.

A policies manual contains the office rules, such as hours of operation and dress code.

A procedures manual is equally important. This is where you document how to do things in the office, like the eight things that you do when opening a new client file.

This will come in handy when an employee is absent and another staffer has to cover his or her assignments.

5. Minimize job stress

Most law firms are stressful places to work. You owe it to yourself and your staff to minimize the stress, not maximize it.

It is very easy to blow up about mistakes, let off a little steam on the miscreant employee, and move on to the next project, without realizing that you have left hurt feelings, guilt and anger in your wake. Reducing stress will improve retention, particularly with employees who have worked in other law offices.

Use “stress busters” to help achieve a happy office. Be positive. Smile. Do something fun and unexpected for the staff at least once a year. Have a staff luncheon where everyone is not allowed to discuss work. Celebrate birthdays. Close early on a Friday afternoon.

And most importantly, apologize if you lose your temper.

6. Do some long-term planning

Draft a hypothetical 15- or 20-year calendar and see what incentives will be there through that time period.

For example, your paid-leave policy could increase if an employee has been with you five or 10 consecutive years. Employees could fully vest in the retirement plan after four years. A 20-year employee might have voluntary retirement contributions matched two-to-one instead of one-to-one up to a certain limit.

This will create a situation where an employee thinking about making a change will be able to look at the calendar and see that he or she is due for a bonus benefit in the near future. If he or she decides to hang on for that bonus, by the time it arrives the thought of leaving may have passed.

7. Avoid inappropriate humor

Never joke in any way about firing someone.

A job loss is a traumatic event. Even though the staff may know you are kidding, it just isn’t funny.

Their perception is that you are just reminding them of the power you have over them. You make yourself look bad in their eyes. And with enough of those jokes, you may find that employees decide to go work for someone else.

Summing up

In many ways, the good boss follows the Golden Rule: Treat others as you would like to be treated, with respect and clear communications about their duties and their continued employment.

Jim Calloway is the Director of the Oklahoma Bar Association Management Assistance Program. He publishes the weblog, Jim Calloway’s Law Practice Tips at http://jimcalloway.typepad.com. He serves on the ABA Law Practice Management Section Council and is also chair of its Practice Management Advisor’s committee. He is a frequent speaker on law office management and technology issues.

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