We are pleased to share with you our winter edition of The Column newsletter. As we begin the year anew, we are often asked what legal market trends we envision for the year ahead. Growth will continue to be the buzzword in 2007. You have told us that your firms enjoyed a record year in 2006 and market indicators point toward a continued strong economy and significant business for your organizations this year. 

The question is whether you are prepared for that growth from an internal perspective. Do you have the appropriate infrastructure, staff and support to operate efficiently and productively as you continue to grow? Have you reviewed your retention plans to ensure that your key employees remain happy and loyal? Your business depends upon it. Have you consulted with a recruitment or staffing firm to ensure you have the appropriate direct staff and contingent workforce to support your anticipated expansion?

The articles in this edition of The Column raise some important hiring and retention issues that we hope will foster some dialogue within your departments as you analyze your staffing and productivity levels. In this edition, we address how to develop an effective associate mentoring program. We also tackle issues involving maximizing productivity of cross-generational employee teams. 

As always, we welcome any suggestions, comments or questions you would like to share with us so that we may incorporate your thoughts into future editions of the newsletter. Please email us at the following address: column@specialcounsel.com. We look forward to hearing from you soon.

Jodi L. Nadler
Vice President, Special Counsel

Special Counsel recently entered two major legal markets through both the acquisition of the legal placement, staffing and outsourced document review units of The Esquire GroupTM in Minneapolis, Minnesota, and the recent opening of a new Special Counsel office in Richmond, Virginia.

The Esquire Group is the leading legal recruiting and consulting firm headquartered in Minneapolis. Founded in 1989 by Patricia Comeford, Esq., The Esquire Group works with leading law firms and in-house legal departments to recruit the best attorneys, paralegals, legal support staff, litigation support and project professionals and has been recognized by leading legal publications for its unique services and success.

“By joining with Special Counsel, our clients and candidates will have access to an even wider array of services and opportunities,” commented Comeford. “Special Counsel shares our view of client service and of being a true career partner with our legal professionals. We are excited about offering our clients the many additional resources available through Special Counsel, while still retaining the personal touch which our clients have come to expect.”

“Special Counsel is very pleased to enter the Minneapolis market with the addition of
The Esquire Group’s excellent staff and services,” stated John Marshall, president of Special Counsel. “The Esquire Group’s focus on client and candidate service fits well within Special Counsel’s structure. We believe there are many synergies that will enable us to be successful together in Minneapolis, a market we’ve investigated closely for some time.”

With the addition of the new Richmond office, Special Counsel now operates offices in 30 metropolitan areas across the United States. Richmond, which is home to a solid concentration of AmLaw 100 law firms and Fortune 1000 corporate legal departments, is a logical expansion target for Special Counsel. Special Counsel currently conducts business with close to half of the largest law firms with offices in Richmond and several of the Fortune 1000 corporations with legal departments in Richmond.

“We are excited to serve the Richmond market on a deeper level,” stated Julia Sweeney, executive director of the Special Counsel office in Washington, D.C. “Special Counsel looks forward to developing new local relationships in Richmond, and we take pride in the level of customer service we provide to our clients.”

The Column is a quarterly publication
by Special Counsel, Inc.
Jodi L. Nadler, Editor
John Marshall, President, Special Counsel

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It’s 5 PM on a Friday evening and Senior Partner has just received a phone call from
a major client. The client is one of Senior Partner’s most lucrative. Her good friend, General Counsel, informs Senior Partner that he needs a draft of a private placement memoranda and subscription documentation for a venture capital deal on his desk by Monday. 

Senior Partner is a Baby Boomer, part of the generation born during the height of WWII and came of age in the 1960’s and 70’s. The idea of making a last minute request or working through the weekend causes her no pause. As a matter of fact, she is pleased that her client thinks highly enough of her skills as a lawyer to turn to her with this high profile assignment. Senior Partner is a member of the generation that feels that “work is its own reward.” She receives great personal satisfaction from a job well done. Senior Partner sees this assignment as an opportunity to showcase her team’s responsiveness and high level of thoroughness. 

However, Senior Partner’s team is not made up of Boomers which account for approximately 28-35% of lawyers in a typical law firm. Two associates are Generation Xers (born between 1965 and 1979) and one is a Millennial or Generation Y (born after 1980). She has learned from experience that the members of her team do not approach assignments such as these with her same enthusiasm. 

The Gen Xers, while adaptable, creative and independent thinkers, are generally adverse to excessively long hours and will embrace the assignment only if it represents an opportunity to expand their knowledge. On the other hand, Millennials (those who have come of age in the 90’s and 00’s) will want the whole team involved in every aspect of the assignment.  While their teamwork and inclusive approach to problem solving are refreshing, they will need constant feedback every step of the way.

Senior Partner recognizes that she may have to do some creative management to get the optimal result not only for her client, but for the future cohesiveness of her team. 

The dilemma that Senior Partner faces is not unique and is one that is receiving greater attention in law firms across the country. Our current workforce has the most intergenerational employees working together the country has ever seen. Understanding how these generations interact with one another is critical to the success of your organization. Therefore, analyzing what motivates and detracts from each generation’s work experience is becoming a vital part of many law firm retention initiatives and management training programs. 

BABY BOOMERS:  This generation was born between 1943 and 1960 and came of age during the turbulent 60’s and 70’s. They are an optimistic group with boundless energy. First and foremost they value hard work and loyalty.  Baby Boomers are also fiercely competitive.  As the largest generation to ever enter the workforce at one time, they have always had to compete for jobs and promotions. Their self worth is closely tied into their career achievements. They give the most respect to those who have “paid their dues” and resent those who they perceive as expecting everything handed to them. 

GEN Xers:  This group is extremely comfortable with technology because it has been a part of their lives practically since birth. They always rely on technology to get things done. In addition, this generation has lived through increased divorce rates, experienced watching their parents endure layoffs from jobs after years of loyal service and, as a result, has been taught to question and even distrust authority.  Therefore, the Gen Xers are often skeptics who have an innate distrust of institutions and the political establishment. They believe in relying only on themselves because others can be unpredictable and undependable. Work, while important, does not define Xers as a group as it does Boomers. Gen Xers do not expect employer loyalty. Therefore they are comfortable with changing jobs frequently if they find positions unchallenging or not conducive to outside interests. Their hard work and resourcefulness often ends at the close of business of a standard workday.

MILLENIALS:  This group is just entering the workforce and would represent the last two summer associate classes. Millennials value teamwork and have a high level of self-worth.  From a young age they have participated in “play groups” and other highly structured activities so the input of many is eagerly sought after by Millennials. They are also enthusiastic to learn and are very inquisitive. According to one Legal Recruiting Manager from a large Atlanta law firm, “Millennials are changing the overall recruiting methods and work environments of law firms.” “They bring their whole self into the workplace and so there is this expectation that employers will understand and be flexible in allowing them to handle any issues that arise in their personal lives. Even if it’s during working hours,” she says. As a result of this holistic approach to work, Millennials by and large value diversity more than any other generation before it. They are vested in the success of the group so much so that if one member of the summer class does not get an offer you might find that they all decline to become Associates in the Fall. This was unheard of in years past. 

Once the value, beliefs and attitudes of different generations are identified, strategic training methods can be put into place to maximize the potential of cross generational teams. It is absolutely essential to understand the context that created the perspectives of each generation. Therefore, like in most situations, communication is critical.

For instance, in the scenario outlined above, Senior Partner should assign to the Gen Xers, the aspects of the project requiring the most autonomy. Instead of insisting on frequent in-person meetings, a Boomer who is open to receiving status updates via email would be more appreciated by a Gen Xer. Also once given a deadline, demanding a Gen Xer to remain in the office until the assignment is completed can build resentment. Gen Xers crave flexibility and want control over their time. If they are in the office for 8 hours and choose to complete the bulk of the assignment from home during the evening, so be it.

In order to maximize productivity and efficiency, once deadlines and preferences are communicated to the Gen X Associates, they should be given the freedom to complete the task as they see fit.

As for the Millennial Associates, they should be assigned tasks that are clearly defined.  Also Partner should be prepared for frequent questions about the nature of the project.
In addition, finding opportunities to provide praise is key to obtaining high qualify work product from the Millennial Associate.  Millennials thrive on feedback. Lastly, Senior Partner should expect communication to primarily take the form of email. Similar to Gen Xers, Millennials prefer the immediacy of email.

Gen X and Millennial associates should always remember that Boomers value a strong work ethic. Displaying excitement and commitment for the project at hand will make a positive impression on a Boomer Partner. Furthermore, associates of both generations should make an attempt not to rely too heavily on email. While communicating in that manner may be more efficient in many instances, a Boomer values “face time.” Therefore in-person meetings to discuss the progress of the assignment will always be appreciated by a Boomer. Lastly, Boomers emphasize teamwork in the workplace. They have knowledge and insights that can be invaluable to an associate’s career. Actively asking for feedback and opportunities to go above and beyond will work well with a Boomer Partner’s work style. 

Today’s workforce spans three generations.  Each generation has been shaped by the political, social and economic experiences of their youth. By understanding these influences and how they play out in the workplace, managers and colleagues can create more productive and enjoyable work environments. In their management initiatives, firms that actively seek to recognize and diffuse often inherent tensions between generations while integrating the positives of each generation are well positioned for future success.

Keisha D. Hudson, Esq. is the Business Development Director for Special Counsel’s Atlanta office.

Mentoring is generally defined as the passing on of skills, knowledge, and wisdom from one person to another. Within the legal profession, mentoring finds its roots in the 13th century when judges had to provide for the apprenticeship of lawyers. These mentoring programs were essential as this was the only way lawyers could learn their craft. As legal training has become more formal and standardized, the structure and purpose of mentoring has changed and evolved from a one-way transfer of information to more of a focus on learning.

As attorneys continue to recognize that the practice of law is really a business in and of itself, mentoring programs have become more popular within the law firm environment. Even the large firms with long standing mentoring programs, are increasing their
focus and spending additional resources on polishing and improving programs. There appears to be an increased understanding that not only do mentoring programs foster a sense of teamwork with the law firm and assist attorneys with career development, they also serve the important purpose of developing law firm business.

There is no right or wrong way to mentor.  Mentoring programs reflect each firm’s own internal culture and branding so, therefore, each program is unique. This article will highlight some common themes of successful mentoring programs and offer some thoughts on how best to structure a mentoring program within your organization.

Effective Mentoring Styles and Structures
Mentoring relationships can be informal and unstructured or complex and procedure based.  Studies have shown, however, that the most effective mentoring programs are formalized with a well thought out structure. In the busy life of an attorney, when every minute feels accounted for, it is tempting to make mentoring a voluntary opportunity. Voluntary programs, however, usually don’t take into consideration the respective personalities and commitment levels of those involved. For example, a new attorney may not get as much time and attention from a busy senior litigator with a large book of business. In the end, the new attorney may be left feeling frustrated while the senior attorney’s stress level is heightened with yet another unfulfilled commitment. Structured mandatory programs tend to more effectively match the experience of the mentor with the known interests and needs of the mentee.

One of the most important components of an effective mentoring program is a carefully
chosen mentor with a clearly defined role. A mentor is best described as a career coach or a stylistic advisor. Usually this person is the more experienced colleague or senior partner. The role of a mentor is to assist the new attorney in best navigating himself/herself through the less obvious parts of the organization. A mentor is not someone who critiques work product, but someone who imparts lessons on the art and science of the business of practicing of law. The overall goal of mentoring is to share knowledge and hone skills more quickly and effectively than what would otherwise be available as the curriculum in the “school of hard knocks.” For example, a mentor can offer tips on how best to approach a senior partner with a particular request or how to appropriately communicate with a particular judge or client. A mentor can also assist the new attorney in developing his/her own individual book of business by facilitating the introduction of influential community leaders and business people. Sometimes mentors can help alleviate the stress and frustrations associated with starting out by serving as a sounding board for a newer attorney.

Another important element of an effective mentoring program is differentiating between mentoring and supervision. While a mentor is more likely to be a more experienced attorney or senior firm member, the best mentors are not the same supervisors who evaluate the mentee’s work product. Mentees will be reluctant to go to the mentor with what could be perceived as less than critical questions if they believe they are going to be evaluated by the mentor. In the best mentoring relationships, the mentee knows that his/her interests and confidentiality is protected and valued. This is why a senior level associate or staff attorney from another practice area is an appropriate choice for a mentor.

Along with the mentor, the mentee also shares responsibility for the success of the mentoring relationship. Attorneys who are fortunate to be part of organizations with mentoring programs should participate in these programs to the fullest extent. Full participation requires the ability to take initiative and to seek out direction and advice. Ultimately, it is the attorney who is responsible for his/her professional development. Success within a law firm or corporate legal department and successful client development is dependent on the ability to make and maintain connections with professional colleagues and members of the community.

Getting Started: How to Start a Mentoring Program Within your Organization
All effective mentoring programs have support from top management. This is probably the most important component of a successful mentoring program. Without support from law firm partners or supervising counsel, mentoring programs lack credibility and therefore will never invite commitment from law firm members. To gain this necessary support, sometimes it becomes necessary to challenge beliefs and break down misperceptions regarding mentoring. Some of the most common mentoring myths are outlined below.

Mentoring is time consuming and takes away from productivity and billable hours.
While formal mentoring programs require a specific time commitment, there are creative ways to structure this time including lunches, discussions while traveling to court or to client meetings or telephone calls. It is important to remember that hiring a new attorney brings with it a certain pledge to invest resources, time and energy in the development of this individual. While mentoring requires a certain time commitment, in the end, the time commitment is seldom what is feared at the inception of the mentoring relationship. If the law firm promotes the mentoring relationship and makes it a firm priority, this concern is almost always alleviated. 

Only law firm partners and senior attorneys make effective mentors.
Since senior partners are usually responsible for evaluating a new attorney’s work product, they do not usually make the best mentors, as the new attorneys are reluctant to confide in them with truthful concerns and sometimes embarrassing questions. The senior level associates or those attorneys who have between five and ten years of practical experience typically make the best mentors as they have more current recollection of the concerns and challenges that a new attorney often faces. 

Both the mentor and mentee must work in the same location.
A mentoring relationship can easily be conducted with scheduled weekly phone calls and email exchanges. The great thing about a remote mentor relationship is that it expands the field of suitable mentors and makes mentoring available to those attorneys who may be working in a smaller satellite office.

Only new attorneys need mentors.
Mentoring also benefits experienced attorneys joining a new firm and experienced attorneys branching out into new practice areas.

Once there is firm-wide commitment to a mentoring program, you can begin to structure a program that best reflects your law firm culture. There are consultants who specialize in these types of programs avail-able to help. In addition, there are articles and publications on the topic of mentoring. The Minority Corporate Counsel Association (MCCA) published a study entitled, “Mentoring Across Differences: A Guide to Cross-Race and Cross-Gender Mentoring.” This study was written by Ida Abbott, Esq. and Rita S. Boggs, Ph.D.. This is an outstanding and thoughtfully written article about the keys to successful mentoring relationships. This article is available on the MCCA website. Also, many large national law firms highlight their mentoring programs on their firm websites.  

The stresses and pressures of this fast changing and competitive marketplace require that attorneys constantly improve and polish their skills. Mentoring programs are an excellent means of assisting attorneys with career development while investing in the future talent of the profession.

Jennifer Grossman, Esq. is the Executive Director of Special Counsel’s Detroit Office.