Andrew McDermott

A disorganized attorney was a must-have.

That’s the mantra many firms used to subscribe to. For a long time, a disorganized lawyer was a good lawyer. It was seen by many as a sign of a brilliant, scatterbrained professional.

Not anymore.

These days disorganization is seen for what it is. A liability and expense for the firm. Research shows that the top performing attorneys are organized and lethally efficient.

Why does that matter?

Organized attorneys defeat the disorganized

An attorney that’s organized is one that’s difficult to keep up with. They routinely outperform those they compete with. They’re able to achieve far more than the average attorney, simply because they’re organized.

On the other hand disorganized attorneys…

• Miss deadlines.
• Ask for extensions.
• Lose documents.
• Fill documents out incorrectly.
• Ask clients to repeat tasks.
• Display poor attention to detail.

Here’s the problem with all of this.

They know.

These disorganized attorneys know their behavior is a problem. When they let their co-workers down they’re embarrassed and ashamed.

They don’t want to talk about it.

Because shame tells them to hide. This creates a serious problem for firms. Attorneys are highly educated professionals. Any attempts to help them manage simple or routine behaviors will be seen as patronizing.

How do you change the situation?

Is there anything you can do to get the results you’re looking for in your firm? What happens if these disorganized attorneys resist your attempts to help?

Step #1: Begin with the end in mind

This starts from day one.

If you’re responsible for hiring associates at your law firm it’s a good idea to look for people that meet all of the criteria you’ve set out (e.g. experience, values, character, track record, etc.).

There’s more.

It’s common for many firms to neglect several other key areas. I’m talking about personality. You need a clear way to assess prospective attorneys. You’ll need to identify where they fall on the big five personality traits.

1. Openness is a trait that governs curiosity, variety, aesthetic sensitivity and a variety of other sub-traits. Professionals who are higher in trait openness tend to be more intelligent, curious and more interested in answers to their questions.
2. Conscientiousness is the personality trait that describes caution or vigilance. It trends towards orderliness (e.g. everything in its proper place, traditionalism, etc.) which is idea for organization, or industriousness (e.g. achievers, utilitarians) which often describes ambitious people.
3. Extraversion is something most of us are familiar with. It’s a trait that defines extraversion, ambiversion and introversion.
4. Agreeableness describes qualities that are generally perceived as kind, sympathetic, cooperative, warm and considerate. Agreeableness refers to sub-traits like altruism, compliance, modesty, straightforwardness, and tender-mindedness and trust. The higher you are in agreeableness, the easier you are to get along with.
5. Neuroticism refers to emotional stability. Individuals who score high on neuroticism tend to experience a greater amount of anxiety, worry, fear, anger, frustration and other negative emotions. They’re also at risk for a variety of mental disorders.

Why does this matter?

You’ll need to choose the right people at your firm. If you’re looking to help your colleagues, employees improve their organizational skills, you’ll need to know two things.

1. Who you’re dealing with which tells you…
2. How to approach them.

For best results, your approach should be tailored to the individual.

What does that mean exactly?

• Attorneys who score higher on neuroticism will need more reassurance than other attorneys.
• Those who score high on openness typically have lots of questions, which will require more patience from you.
• Conscientious attorneys who are orderly, “get it” already. If they’re not organized something is wrong. You need to find out why.
• Attorneys who are industrious are ambitious and eager to work. Positioning is key here. Frame the discussion about their organization skills from the standpoint of promotion. If they’re organized they’ll get better results, which means faster promotion.

See what I mean?

A one-size fits all approach won’t work here. You’ll need to meet your colleagues where they are. It’s the only way you’ll be able to move them to where you’d like them to go.

Which means you’re ready for…

Step #2: Ownership or they’re out

Many firms tyrannize their staff.

They lay out a set of demands. Then, they brutally enforce those demands, punishing anyone that fails to measure up. They lambast unhappy attorneys with instructions to “get over it.”

Here’s the problem.

This takes law firms further away from their ultimate goal. To win. There’s always a threat to your organization. Another attorney that’s willing to run themselves into the ground to steal business from your firm. Headhunters looking to poach your star associates.

You’re under attack. (Whether you realize it or not.)

The good news? You’re strong, you’ve made it through law school, through work at a firm. You push through the daily grind of getting things done.

You had a gift.

Ownership. You took ownership of your path in life. You went after your goals. You’re doing what needs to be done. Others depend on you.

Give your team ownership.

When a new employee (regardless of role) joins the team, require them to own their choices and the path they follow. You might be wondering, “How am I supposed to do that?“

With an individual development plan.

The individual development plan is a plan your employees create. In their plan, they lay out the work and results they plan on accomplishing, with guidance from you, for the upcoming year.  You establish a few non-negotiables (e.g. results should be quantifiable, meet a minimum standard, must challenge them, etc.).

They create the plan.

Then, both of you choose the consequences. What happens if they meet or exceed the plan? What happens if they fail to meet most of the criteria in the plan? You go over it with them, then once you both agree on the ins and outs of the plan, they get to work.

At the end of the quarter/year, you reassess.

The consequences take their course. For example, if they fail to meet 50 percent of the items in their plan they’re fired.  Why do it this way?

There are three modes of relationship.

• Tyrant. You do what I say, when I say, how I say, or else.
• Slave. I’ll do whatever you want just don’t leave/fire me, please!
• Negotiator. Let’s find a win/win scenario. Here’s what I need. What do you need?

A few firms operate as tyrants. They enslave their employees, making it difficult to attract and retain A player associates. The first two options obviously aren’t ideal. What about negotiating?

Here’s the thing with negotiators.

Many firms avoid negotiating because they feel they’ll lose their power. That their attorneys will walk all over them. Which isn’t true. If you’ve allowed attorneys to walk over you, you’ve become a slave.

Don’t want that to happen?

Make sure your firm has good boundaries. Know what you’re willing and not willing to accept. Then follow through.

Step #3: Make organization automatic

Make it easy to win.

Create the right systems and procedures for your firm. Add the right software tools to minimize busy work and manual entry. Use the right behavioral models to automate the behavior you want from your team.

It’s hard work, at first.

But the work is front loaded. Once you’ve laid the foundation, organization is simple. Use task management tools and workflows.

It’s tough for everyone at first but it’s absolutely worth it. Why? Easy gets done. The easier it is for your employees to do what you’d like them to do, the more likely they are to do it.

How?

1. Find the right motivator. We’re motivated by two things pain or pleasure. Use both and you’ll maximize the results you receive.
2. Give staff the ability. Make sure your colleagues (a.) understand what you’re asking (b.) know how to do what you’re asking and (c.) are willing to do what you’re asking.
3. Create triggers to activate behavior. When X happens, I do Y. When clients ask for A, I send them B. Don’t overwhelm staff with a massive set of rules. Just offer the trigger at key decision points.

Lay your expectations out ahead of time.

Then, give your team the education, tools and resources they need to make those things happen. Do it well and you’ll help your colleagues improve their organizational skills, without patronizing them.

An organized attorney is a must-have

That’s the mantra your firm needs to win. The legal landscape is hyper competitive and fierce. You’ll need every advantage if your firm will survive. A disorganized lawyer isn’t the telltale sign of a brilliant, scatterbrained professional.

It’s a sign of failure.

These days disorganization is seen for what it is. A liability, a major expense for the firm. A player attorneys are organized and lethally efficient. Share the secrets of organization with your teammates and you’ll find your firm is the must-have clients need.

Most attorneys are competitive.

They want to win. As it turns out, there’s a subtle strategy you can use to beat your competitors. This strategy compounds rapidly, paying huge dividends over time. It’s a strategy you can use to beat internal and external competitors.

I’m talking about continuing education.

Education enables you to find creative and innovative strategies for each of the problems your clients face. Most attorneys do their best to stay up-to-date. Most aren’t sure who to turn to for the data they need.

It’s not their fault.

As a result, many attorneys struggle to achieve the results and outcomes they want.

You deserve better.

Here’s a list of legal blogs and publications you can use to win.

Take a look.

Federal and state legislation and regulations

1. Congress.gov and GovTrack.us for proposed, pending and recently enacted federal legislation
2. OpenStates.org for proposed, pending and recently enacted state legislation
3. FederalRegister.gov for proposed/final regulations
4. USA.gov for regulatory data from specific federal agencies
5. NCSL.org a resource for tracking states’ proposed, pending or final rules

General

1. The ABA Journal Blawg Directory, a comprehensive listing of more than 4,500 legal blogs broken down by practice area. If you’re looking for a specific practice area that’s not covered in this post this is a great place to start.
2. The In-House Blog focuses on the issues that come with in-house legal jobs. They include helpful posts like “how to get promoted, salary surveys, what it’s like to go in-house” and more.
3. beSpacific provides a searchable database of more than 44,000 posts on a variety of subjects including: federal documents, privacy, law and technology, intellectual property, energy, the economy, tech related litigation and libraries.
4. Above the Law takes a behind-the-scenes look at the world of law. The site provides news and insights about the profession’s most colorful personalities and powerful institutions, as well as original commentary on breaking legal developments.
5. Law 360, a LexisNexis company, covers all things legal.  It’s touted as a one-stop source for legal news and analysis. It’s comprehensive, timely and detailed, covering a wide variety of practice areas and industries.

Litigation

1. LexBlog is a worldwide publishing network that has over 25,000 bloggers within their network. Half of the nearly 1,000 blogs from the United States’ top 200 law firms. They have a variety of channels including civil litigation and class action and mass torts. firms.
2. The Red Well is an aggregator that covers litigation, persuasion and advocacy.
3. The Jury Expert, a publication that’s focused on litigation advocacy.
4. JHA.com is written by Joseph Hage Aaronson, a New York attorney who specializes in commercial litigation and arbitration.
5. JAMS, is one of the largest private alternative dispute resolution (ADR) providers in the world.  Their publication covers mediation, arbitration and ADR. Their panel of experts includes 350 retired judges, attorneys and employee associates.
6. The MassTort litigation blog covers mass tort and civil litigation issues from the perspective of several law professors.
7. Innovative Science Solutions covers litigation topics focusing specifically on scientific subjects (e.g. how much caffeine is safe to ingest?)
8. Settlement Perspectives offers a vast amount of helpful information on structuring and negotiating settlements, with practical advice on negotiating.
9. Minc Law describes itself as the nation’s #1 internet defamation law firm. They provide helpful information on defamation oriented litigation topics. Their blog and legal resource center is a consumer-facing resource for topics like extortion, blackmail, reputation management and more.

Intellectual property

1. Patently O is the nation’s leading patent law blog. It’s published by two authors: Dennis Crouch, associate professor at the University of Missouri School of Law and Jason Rantanen Professor, University of Iowa College of Law.
2. IP Newsflash offers current and trending news related to patents, trademarks and other intellectual property issues.
3. Law 360, a LexisNexis company, has a vibrant section on intellectual property law. This content is hidden behind a subscription/pay wall but it’s worth it. Payment creates obligation and that means readers are far more likely to get value out of it.
4. IP Watch is a non-profit news source that’s focused exclusively on intellectual property law from an international perspective.
5. Patent Docs is a publication that focuses on patents primarily as well as other forms of intellectual property. Patent Docs is written by patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.
6. JD Supra provides intellectual property law updates, alerts, news, and legal analysis from leading lawyers and law firms.
7. Trademark and copyright law blog is published by Foley and Hoag LLP. This site offers fresh perspectives on legal developments including trademarks, copyrights, domain disputes, unfair competition and more.
8. Foss patents covers software patent news and issues with a particular focus on wireless, mobile devices (smartphones, tablet computers).
9. Trading Secrets covers trade secrets and non-competes. If protecting trade secrets is part of your responsibility Trade Secrets is for you.
10. Trade Secrets Watch offers the latest in trade secret news and analysis from the US and across the globe.

Criminal law

1. Crime and consequences is sponsored by the Criminal Justice Legal Foundation, covering all aspects of criminal law across the country.
2. The ABA’s Criminal Justice Magazine is intended for a national audience of defense lawyers, prosecutors, judges, academics, and other criminal justice professionals with a focus on the practice and policy issues of the criminal justice system.
3. Bankruptcy Beat, a subscription only service/publication offered exclusively by the Wall Street Journal
4. Finance & Bankruptcy Law Blog offers trending news, advice, tips and strategies presented specifically for financial institutions. This site is published by Sheppard Mullin, a 480-attorney law firm with offices in California, New York, Shanghai and Washington, D.C.
5. Bankruptcy-RealEstate-Insights.com is published by Vicki R. Harding. She handles commercial transactions with an emphasis on real estate and bankruptcy issues.

Employment law

1. BT Currents  is managed by the attorneys in Barnes & Thornburg’s Labor & Employment Law Department. It’s designed to be your resource on employment law developments across the country.
2. Orrick employment law and litigation and the equal pay pulse covers various aspects of employment law developments across the country and internationally.
3. Employment law worldview is published by Squire, Patton Boggs. They aim to provide attorneys with a unique global insight into the practical and legal HR issues relevant to employers.
4. Employment and Labor Insider, published by Robin Shea, covers employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
5. Screw You Guys, I’m Going Home covers employment law from an employee perspective. It’s irreverent and brash outlining “What You Need To Know Before You Scream ‘I Quit,’ Get Fired, Or Decide to Sue the Bastards.“

Legal tech

1. Giga Tech is a publication from the GigaLaw Firm. This publication covers technology law with an emphasis on cybersquatting, counterfeiters and intellectual property law.
2. Future Lawyer is published by attorney Richard “Rick” M. Georges. He discusses the technology of today and tomorrow—with a legal spin.

Contracts

1. Adams on Contract Drafting. This blog is written by Ken Adams, a leading authority on the building blocks of contract language and contract automation.
2. The contracts guy focuses on contract law with an emphasis on drafting, reviewing, and negotiating contracts.
3. Bryan Garner on Words is an ABA columnist who focuses on helping attorneys improve their legal writing skills. He also runs the blog LawProse.

Here’s the thing about this list.

It’s not comprehensive. There’s also no reason for you to read every single blog on this list. It’s meant to be used as a reference. Identify the blogs that work for you, in your practice areas.

Save what’s useful.

Don’t see your practice areas on the list? Head to the sites listed in the general category. Feeling overwhelmed or unsure about where to start?

Just click one link.

Don’t enjoy reading these? You can listen to these blogs using helpful plugins and apps like Voice Aloud or Read Aloud.

You’re a professional. You’re incredibly busy.

Staying up-to-date is a superpower. It’s a helpful way to open doors. Feel you have a significant amount to say? Guest post on other noteworthy publications to build powerful relationships and raise your profile.

Need advice on a particular problem?

Search through blogs in your practice area for specific strategies, tactics and advice you can use. If you want to surpass the attorneys inside and outside your firm you need more knowledge. Blogs are an informal way for you to get ahead. To win, to stand on the shoulders of giants.

Make education a consistent part of your routine and you may become an industry giant yourself.

Are you the best attorney for the job?

If you’re handling a case or project that’s based around your practice area, the answer is most likely yes.  Here’s the problem with that question. It’s not the whole story.

You know you’re not the best attorney for every task.

Why is it so hard for attorneys to delegate tasks then? It seems like a fairly straightforward problem. You delegate tasks, your firm grows and you bring in more revenue.

It’s not rocket science.

Delegating tasks is a trust problem

It’s not a performance or intelligence problem. But even if it was, it wouldn’t matter. You’re a legal professional which means you’re part of the most intelligent segment of the population.

The problem is trust.

Many attorneys don’t want to delegate important cases and projects to their subordinates. They feel it’s a terrible idea which makes sense when you realize they struggle with these specific problems.

• Delegate and nothing is done right. It’s a horrible situation to find yourself in. You trust your subordinates to get work done on your behalf, only to find it isn’t done. What’s worse, your workload has now doubled. You have to undo your subordinate’s mess, then complete the tasks you would have done yourself.
• Delegating takes more time than doing the work yourself. This still takes more work, even if your subordinates and support staff get things right on the first try. You have to (a.) explain what needs to be done then (b.) discuss how things should be done then (c.) outline what shouldn’t be done and then finally (d.) confirm that things have been done properly and that you’ve received the results you’re looking for.
• Delegating means a loss of control. As an attorney, this is a frightening ordeal to go through. A loss of control comes with all sorts of unpleasant surprises. Unhappy clients, incomplete work, poor quality work, or no work. A loss of control could mean that your quality of work is inconsistent and irregular. The worst part about all of this is…
• You’re still accountable for failure when you delegate. If subordinates make mistakes the results could mean fines, disciplinary action, lawsuits or disbarment for you. Sure, subordinates will experience the consequences of their actions, but so will you. When you delegate, you’re still responsible, good or bad, for the outcome.
• Delegate and subordinates may show me up. Maybe subordinates use bragging to improve their career prospects. Or they decide to share data inappropriately with the wrong person, at the wrong time. Maybe they portray you as incompetent and foolish. Whatever the case, this creates a whole new set of headaches you’re now forced to deal with.
• I’ll delegate myself right out of a job. There’s an irrational fear some attorneys have. If they delegate too much, they’ll encourage their subordinates to strike out on their own. If they’re associates or partners at a firm, the fear is that they’ll encourage competition and poaching from others in their firm. As you’ll see later, there’s a simple and straightforward way to eliminate this problem.
• Delegating means I lose the tasks I enjoy. This problem seems like it’s entirely outside of your control. But the opposite is true here. If you’d like to continue doing the tasks you enjoy, you’ll need focus. This sounds like trite, generic advice until you realize that most people don’t know what focus actually is. Focus is saying No to the things you don’t want so you’re ready to receive what you do want.

Makes sense, doesn’t it?

The rationale behind these concerns isn’t unreasonable. It’s clear and based in reality for the most part. Here’s the part that isn’t so clear.

Why.

Why do you, as an attorney, need to delegate?

Delegating tasks is a catalyst for success

or failure.

It’s entirely up to you.

Small law firms rely on a certain kind of do-it-yourself mentality. Which works well… at first. You’re able to rely on a few select employees and you’re able to grind out a respectable living.

A living that’s entirely dependent on you.

If you’re the main driver of your firm’s success you own a (potentially lucrative) job, not a business. Walk away from that business for three months and you won’t have a business to come back to. What does this mean for you?  

Endless work.

Delegating tasks is the only way to free yourself from the hamster wheel of forced productivity.

But why?

Here’s the answer: What got you here won’t get you there.

Marshall Goldsmith, renowned leadership coach and management expert, makes a compelling case for growth in his book. He outlines some deceptively simple details that produce growth.

It’s so simple it’s easy to ignore.  

Behavioral problems, not head knowledge or technical skills, are what separates the greats from the not-greats. You can achieve incredible results from incredibly basic behaviors. Saying please and thank you. Thinking before you speak. Active listening. Owning and apologizing for your mistakes.

Common decency, right?

His book is filled with not-so-obvious truisms that produce the kind of results your firm needs to grow.

• We resist change due to delusional self-confidence
• Getting praise is dangerous. Praise makes it easy to delude yourself when all you hear are positives
• The higher your status in an organization the more your suggestions are viewed as orders
• The four fundamental drivers of self-interest are money, power, status and popularity
• Give away all the credit
• Simply accept compliments and say “thank you” more often
• We tend to focus on shortsighted goals and aimless to-dos.
• “How do you feel about me?” isn’t as important as “how can I get better?“
•  We can’t make long-term change if we don’t follow up. Following up shows our co-workers that we care
• When making a hurtful or critical comment the question you should ask isn’t “is it true?” it needs to be “is it worth it?“
• When you apologize say “I’m sorry I’ll try to do better.” Then be quiet.
• Feedback is vital. When you receive positive or negative feedback accept it from a neutral place. Say thank you without judgment, argument or complaint.
• and more…

Blech!

This sounds like soft skills!

Gross.

Only it isn’t gross. Delegation is a trust problem, remember? If you’re going to delegate successfully you’ll need to trust your subordinates. Your subordinates will need to trust you. What do you need to make that happen?

Relationship.

You’ll need a good/great relationship with your peers and subordinates. These interpersonal niceties may seem like a waste of time but it’s actually the opposite. They’re the grease that lubricates the relationship and daily interactions in your firm.

Does this matter?

Absolutely. It’s a consistent way to attract the right of results when you delegate. Which you’ll have to do to grow. Firms that grow to the million+ mark must delegate.

Can you delegate successfully?

Delegating isn’t as simple as handing out orders to subordinates.

It’s about the goal.

Sure, you may be the best attorney to handle a particular task. But that’s not really why clients reach out to you for help. No, your job is to win for your client.

So how do you do that?

1. Prepare to delegate. Take the time to determine (a.) the tasks you’ll need to complete (b.) the professionals you’ll need to complete said tasks and (c.) what needs to be done and how to do it.
2. Delegate the right tasks. There are several tasks that can and should be delegated regularly. Repetitive and non-essential tasks. Delegate tasks that don’t have an immediate deadline. Tasks that are favored by specific subordinates. Delegate tasks to subordinates who need growth in a particular area.
3. Make sure subordinates understand. Confirm that the professionals on your team understand items A and C. Ask them to summarize or repeat the items back to you. Make sure they’re fully aware of the outcomes you expect including to-dos, milestones and deliverables.
4. Prepare to fail. Your subordinates will make mistakes. If you’re truly the best, the work won’t be done as well. Work to minimize mistakes and maximize outcomes. Focus on outcomes. Avoid getting bogged down by minutiae or the process.
5. Set an agenda. Create an agenda outlining: the tasks to be completed, the deadlines for each task and the budget required. Provide your team with the necessary authority and permissions required to complete each task. Then set a date to meet the following week to go over the previous week’s results.
6. Get criticized, seek out feedback. Give your teammates the forum they need to ask questions. Make it safe for them share feedback, problems and concerns. Assess the wins and defeats of the previous week, then work to improve.

Your job is to win.

Delegating tasks is an essential component for success. Delegating requires preparation. There’s more to it than simply handing out orders. Delegation needs relationship and a system.

Delegating tasks is a trust problem

It’s not rocket science.

Want your firm to grow? Delegating tasks isn’t optional. While it may be difficult for attorneys in general it doesn’t have to be difficult for you. Many attorneys don’t want to delegate important cases and projects to their subordinates. They feel it’s a terrible idea.

But delegation is a catalyst for success.

Small law firms are scrappy. They pride themselves on a certain kind of do-it-yourself mentality. This works well if you’re looking to own a job. It’s the fast track to endless work.

You have the recipe for freedom.

What got you here won’t get you there. Delegating tasks is the only way to free yourself from the hamster wheel of forced productivity.

Can you delegate successfully?

You can and you will, if you follow the steps I’ve laid out. You’re the best attorney for the job. But you know what your clients are looking for. They’re looking for a win. Continue to win and you’ll quickly become the best attorney in their book.

Your time is irreplaceable.

It’s infinitely valuable, something you can’t get back. Time is value for almost every law firm. Every attorney knows this, yet most firms struggle with time tracking.

It’s a common experience.  

Time tracking at your practice is vital. It isn’t rocket science. It’s simple, straightforward and easy. You do the work. You record your time. Why is time tracking, specifically accountability, such a problem for law firms?

Law firms are missing the structure they need

Most approach this problem the wrong way.

The problem is viewed through a black and white lens. “Our attorneys aren’t tracking their time so we need to work on enforcing the rules.” When attorneys ignore that mandate, the most obvious solution is a punishment of some kind.

Which only makes the problem worse.

Attorneys begin relying on reconstructive time tracking. They comb through their emails, phone logs and appointments. Then they make a guess.

Which usually means the firm loses money.

Clients are overcharged for the work that’s done (eroding trust and your client’s lifetime value). Or, they’re undercharged. Great for them, but financially destructive for the firm.

Law firms lose either way.

The cause of the problem isn’t attorney negligence. It’s not your associate’s fault and it isn’t your fault. Rather, it’s a lack of training that’s to blame.

It’s a lack of systems.

Does time tracking at your practice follow a set structure?

Time tracking is a multi-pronged problem.

Accountability needs to be addressed at three fundamental levels. You’ll need protocols in place for each area, outlining the who, what, where and when.

1. Individual level. Individual attorneys and support staff who track their time. When it comes to time tracking, these employees may be doing an excellent, average or poor job. Most law firms focus their time and attention on individuals throughout the organization which, on its own, is ineffective. They often rely on punitive measures to gain compliance which eventually, pushes good attorneys away.
2. Group level. These groups can be formal (e.g. partners, associates, paralegals). They can also be informal (e.g. top performers vs. poor performers, finders vs. grinders, etc.). These groups typically have their own subculture, norms and expectations (e.g. paralegals are loyal to specific attorneys in their in-group). Social and moral norms, peer pressure and performance expectations – these are common at the organization, group and individual levels. How do associates respond to the few who are dutifully tracking their time? With hostility? Indifference? Pride?  
3. System level. This is the foundation of time tracking. The systems you have in place shape the responsiveness of your team. Handled well, it creates a culture of accountability and consistency. This includes details like your policies and procedures, software, tools and more. Good systems create accountability. They make it easy to hold individuals and groups accountable.

Time tracking in your practice is nuanced.

When law firms identify a time tracking problem (e.g. it isn’t happening, it’s inaccurate, etc.) most firms immediately approach the individual.

This makes sense…

If you’re looking to understand why. If your staff isn’t tracking their time appropriately here’s a better idea. Identify whether you’re dealing with an individual, group or systems problem.

The answer determines the fix.

If it’s an individual problem you could identify whether (a.) they know what’s expected of them (b.) how to do what’s expected and (c.) how to address problems that prevent that from happening.

What about a group problem?

You’d (a.) identify the group (b.) determine the group norms and rules, then (c.) determine whether you’d ignore, avoid, or work within those rules.

And, if it’s a system problem?

You’d identify the failure points. Does the software make it harder for staff to comply? Are there consistent problems? A lack of good policies and procedures? A systems problem means you’d need to work on the organization itself.

See the difference?

This is why staff members aren’t tracking their time properly?!

Not exactly.

There are also lots of little reasons that help to explain why time tracking is such a miserable affair for attorneys. But there’s one very big reason that’s mostly ignored.

I’m talking about Cognitive Fluency.

Cognitive fluency is a measurement tool. How easy (or difficult) is it to think about information?

Humans prefer easy.

When it comes to cognitive fluency we’re all pretty sensitive. The easier it is for us to understand a piece of information, the more likely we are to act on it.

Here’s why this is remarkable.

The research shows us several very significant things about cognitive fluency.

•  Cognitive fluency gets people to share secrets and embarrassing stories
•  You can get people to believe untruths by simply making it familiar or easy-to-understand
•  Stocks with easy-to-pronounce names significantly outperform those with hard-to-pronounce names
•  Cognitive fluency also dictates what we find beautiful (e.g. average faces that are a composite of other faces)

Cognitive fluency affects every facet of our decision making process, including decisions like whether we’ll track our time.

See it?

The secret ingredients in cognitive fluency?

1. Repetition. If it’s familiar, it requires less brain power. It’s easier to process, accept and trust information you’ve heard before.
2. Clarity. Information that’s easy to take in. It’s easy to see and hear. The colors are crisp. The picture is clear. The words are easy-to-understand. The easier you are to understand, the easier it is to get your staff to comply.
3. Simplicity. In this case, it’s the absence of complexity. The minimum amount of steps needed to accomplish a particular goal or task.

Want to improve time tracking at your practice? Use cognitive ease to optimize the individual, group and system dynamics at your firm. Use these ingredients to improve time tracking.

Easier said than done.

How on earth are you supposed to do that? It’s not like you’re taught how to do this in school.

Show your lawyers how to submit their time

This sounds patronizing.

And it would be if you decided to talk down to the lawyers and support teams in your firm. That’s not the approach I’m recommending here. No, I’m recommending a multi-pronged approach instead.

Remember the structures I mentioned earlier?

We’re going to use those to build a culture of accountability. If you play your cards right you can use this to dramatically improve time tracking at your practice.

Individual level

•  Create a suggestion box. A digital suggestion box enables employees to vent about anything and everything that comes to mind. Are they struggling with a software problem? Do they know how to track their time? The answer box is a great way for you to ask questions and get honest, anonymous feedback. It’s brutal and painful for partners and shareholders, but it’s an easy way to increase revenue and profits. Just be sure to maintain psychological safety.  Employees won’t use your suggestion box if it’s used to abuse, hurt or manipulate them.
•  Act on suggestions. Use tools like Typeform, Survey Monkey and SnapSuggest to get the feedback you need. Then act on it. Use voting systems to gauge staff interest in the issues that are discussed. Act on feedback that shows up repeatedly in your suggestion box. Vote on controversial or serious issues that appear.

Group level

•  Use social engineering via peer pressure and prestige. Create a list. Outline the attorneys and teams who’ve turned their time sheets in on time and those who haven’t. Keep the list factual. Don’t use your list to shame poor performers and stragglers.
•  Provide incentives and consequences. Create incentives that reward attorneys who (a.) accurately track their time and (b.) consistently submit their timesheets on time. Use incentives as a way to curry favor, benefits and prestige. Tie promotions and bonuses to socially engineered incentives. Praise top performers publicly.

System level

•  Set and define expectations. Let attorneys and support staff know that tracking their time and submitting hours is an indispensable part of working with the firm. Define when hours should be submitted, what the format should be, who depends on it, etc.
•  Shorten deadlines. If you invoice monthly, have attorneys and support staff turn in timesheets on a weekly basis. This gives the firm predictability which improves cash flow forecasting, budgeting and more. Shorter deadlines encourage consistency. Repetition creates habits and behavioral loops.
• Use natural consequences. Use withholding and reductions as a natural consequence/response for poor performers. Make it clear that this isn’t about punishment, it’s about giving the firm what it needs so they have what they need.

These suggestions are meant to spur ideas.

You’ll need to identify the ideas that work best for your practice. Approach time tracking from an individual, group and systems point of view.

Law firms want accountability, but they’re missing structure

Your time is valuable.

It’s a scarce and irreplaceable resource. Once it’s spent you can’t get it back. Which is exactly why a culture of accountability is so important.

You’re converting time to money.

Time tracking is simple, straightforward and easy. So, why do most attorneys hate it? It would be easy to assume that they’re lazy, difficult or uncooperative. But as we’ve seen it’s more than that. Building a culture of accountability requires a three pronged approach.

Individuals, groups and systems.

Create structure at three different levels and you’ll give your staff the tools they need to create value. Make time tracking simple, repeatable, and clear and you’ll find accountability in your firm comes naturally.

Is your time is valuable?

The obvious answer is Yes. Just one problem. There’s something standing in your way. A barrier that, if ignored, makes it impossible to claim the value that’s rightfully yours.

Tracking your time.

Your time tracking habits determine whether your law firm wins in the long term. A survey conducted by Adam Smith Esq. and Smart Web Parts found, billable leakage costs firms $20,000 to $40,000 annually, per individual.

Are your billables leaking?

Billable leakage costs firms $20,000 to $40,000 annually. This means a firm with 100 attorneys loses $2 to 4 million every year.

It gets worse.

According to the survey, attorneys are wasting an average of 3.1 hours per individual, per month, on filling out timesheets. The average billing rate in the survey was $438 per hour.

You see where I’m going with this right?

This means law firms waste a conservative $16,294 per person, per year by simply filling out timesheets. In a 100 person firm that’s $1,629,400, that’s billable time lost, on filling out timesheets.

Upsetting no?

Billables shouldn’t be leaking but they are. Why? leakage comes from (at least) three sources.

1. Time leaks. A failure to produce or accurately record your billable time. This typically results in under-billing. An associate performs a particular task but they don’t fill out their time sheet until the end of the week. They complete 12 hours of work but only report 8.
2. Manually filling out timesheets. Attorneys waste time manually filling out timesheets. Instead of relying on a hassle-free system to track their time, they’re relying on excel spreadsheets. Or scribbling them down on post-it notes. Or entering them into their CRM system where they don’t belong.
3. Write offs. A good example would be the total amount of completed work that’s recorded but never billed. A notorious example? A partner decides that writing off a junior associate’s time is the best way to boost their fees, salary or bonus. Write offs can include fee reductions to satisfy an unhappy client, bad debt or disbursements.

These are poor time tracking habits.

It’s also the source of our problem.  But there are even deeper issues at play.

1. Attorneys hate time tracking. Attorneys in our previously mentioned survey described time tracking as “the bane of my existence” and “the worst part of law firm life.” Time tracking is indispensable, but many attorneys see it as a morale-killing, soul-sucking endeavor. Why? It’s busy work that takes up too much of their precious time.
2. Competing work. The non-billable work that sucks up your time and energy. This work seems to be a necessary evil, a distraction that makes it harder to hit billable benchmarks. It’s a miserable ordeal because typically, these competing to-dos aren’t optional.
3. Delayed time tracking. If the time tracking process is difficult or tedious, attorneys are more likely to put it off. This delayed tracking inevitably leads to reconstructive time entries. The kind where attorneys engage in creative “guesstimation.”  These time entries are often inaccurate leading to the time leaks and under-billing I mentioned earlier.

These challenges create bad habits.

Are poor time tracking habits really law firm killers?

Law firm closures. Time tracking.

The two seem somewhat disconnected, don’t they? The unfortunate reality is that these two factors are more connected than we realize.

Why?

Ownership. For the most part, law firms are owned by their partners, not by investors. Partners, as you know, don’t receive a fixed salary. They’re paid via profit shares.

Why is this an issue?

Partners are sensitive to two factors (a.) the profitability of the firm and (b.) the inherent liability that comes with ownership.

• Partners are often personally liable when a firm dissolves
• Any compensation a partner receives is subject to a clawback during bankruptcy proceedings
• Partners may have to give up any billings generated after the firm is dissolved
• A decline in profitability may trigger partner withdrawals

These liabilities are unpleasant.

The easiest way to avoid these liabilities as a partner? Be one of the first to withdraw from the partnership.

You know it. I know it.  

Here’s the time tracking connection. Partners are taking on a considerable amount of risk. Naturally, they expect to be well compensated for their troubles.

It’s all about the partner draws.

Partners are happy as long as the cash continues to flow and their partner draws continue to grow. It’s a treadmill that comes with a significant amount of pressure.

Hold and carry.

Partners want to maintain the standard they’re used to. The partner’s draw must increase over time. The pressure is so intense law firms are motivated to borrow money from banks, anything to maintain the expected standard.

What if they fail?

What if the firm can’t live up to these lofty expectations?

Partners run.

They look for better opportunities somewhere, anywhere else.

Enter time tracking.

Poor time tracking habits lead to disaster

If you’re a small or solo firm good time tracking is a must.

A small/solo firm simply can’t afford to lose a significant amount of revenue each month and stay in business. As the saying goes, cash is king.

Running a medium to large firm?

You probably have partners. You’ll need to keep these partners happy. Partners are primarily interested in one thing.

Partner draws.

The more money they receive the happier they’ll be. Over-bill and you run the risk of losing clients. Under-bill and you lose a tremendous amount of revenue and your partners.

Okay then.

How do you improve your poor time tracking habits?

Simple.

Make it easy for attorneys to track their time

The saying “time is money” is literally true.

Want to improve your poor time tracking habits? Make it easy for attorneys to track their time. So easy they can track their time with the push of a button. Reduce the number of restrictions, details and red tape attorneys are required to go through.

Next, avoid competition.

Attorneys are forced to manage a plethora of unpleasant busywork.

• Reduce paperwork. Can you find the files you need, when you need them? Are your legal docs and paperwork centralized and available on-demand? The time your attorneys spend searching for a document? That’s non-billable work.
• Outsource marketing. Attorneys are typically expected to bring in business. When are they supposed to do that? Marketing is a necessary and important part of work, but it’s non-billable work. How can attorneys juggle these billable and non-billable work requirements? Outsource marketing whenever possible. Work with trusted advisors or work to create marketing leverage (e.g. write a book, give a speech, etc.).
• Reduce interruptions and delays. Gloria Mark, researcher at the University of California, Irvine found that it takes 25 minutes to recover from an interruption. Most workers in an office setting get 11 minutes to recover, which isn’t enough. Interruptions erode the amount of billable time attorneys have to work with.
• Systematize repetitive work. Are you writing the same emails, covering the same topics, or dealing with the same repetitive problems? Can you create a set of templates or scripts to reduce work times?

Use behavioral models to improve poor time tracking habits. Give your team the psychological motivators needed to produce outstanding results.

Wait a minute.

What if you don’t bill hourly? What if you rely on alternative fee arrangements (AFAs)? Time tracking isn’t really necessary, is it? Good time tracking habits are even more important.

Think about it.

If you’re working for a set fee, hours are still important. You’ll need to know (a.) how long it takes you to complete a given task or project and (b.) whether you’re still profitable at the price point or fee schedule you’ve set.

Are you working for free? Are you profitable?

With good time tracking habits, you’ll get a clear, straightforward answer.

Poor time tracking habits create leaks

Attorneys waste an average 3.1 hours per month filling out timesheets manually. Billable leakage costs law firms a conservative $20,000 to $40,000 annually, per individual. The true estimate is projected to be much higher but no one wants to admit failure.

Billable leakage is inevitable.

None of us are perfect after all. But leakage can and should be kept to a minimum. Your time tracking habits determine your firm’s success or failure over the long term. Leakage isn’t the source of your problem. You’ve identified the source, you have the cure.

Just simplify time tracking.

Minimize the barriers and you’ll find your time tracking habits are incredibly valuable.