meeting one of our members shared his experience with a top earning associate . This associate was great at his “ work ,” but he was downright mean to others in the firm . The law firm owner tried to talk with the lawyer about the issue , but to no avail . Nevertheless , the owner continued to tolerate the bad behavior because the lawyer was so good at resolving cases and bringing cash into the firm . However , at some point the conduct became so over-the-top that our Mastermind member was forced to let this top earning lawyer go , despite what it might cost the firm in dollars and cents . Surprisingly , the atmosphere and culture in the firm immediately improved . Others were so grateful to be rid of the problematic lawyer that they all pulled together to take over cases and get the work done . And , ironically , letting this top earning lawyer go did not end up having any negative financial impact to the firm whatsoever . It was as if a weight had been immediately lifted . Sharing this experience with the other Mastermind members , the law firm owner noted that in hindsight , he sincerely wished he had let this lawyer go long before he did .
2 . Does this employee have a values problem , a will problem , or a skills problem ?
If an employee consistently behaves in a way that is toxic to or contrary to your firm ’ s basic core values , then they need to be replaced . Period . There ’ s not really a way to correct this fatal flaw . On the other hand , if the employee shares the firm ’ s values , and has the will to do well , but is deficient in the skills area , an opportunity for remediation makes sense . The question of will is the most difficult decision for you . Growth requires a concerted will to improve and to acquire new skills as necessary . If the employee lacks the will to improve , even if they embrace your firm ’ s culture , can you , as the leader , motivate them ? If you aren ’ t able to do so , all the training , time , opportunity , and encouragement in the world will be unsuccessful .
3 . What ’ s the person ’ s relationship to the window and the mirror ?
When things go well , “ right ” people point out the window and give credit to other factors and employees rather than or in addition to themselves . When things go badly , they don ’ t ’ blame others . Instead , they look in the mirror and accept responsibility , asking : “ What could I have done better and what can I do to keep this from happening again ?”
You need your firm ’ s key players to be able to give credit to others where credit is due and to accept responsibility for their own mistakes when warranted . Otherwise , you have a breeding ground for drama , back-stabbing , and toxicity that stymies growth and productivity in your firm .
4 . Does the person see work as a job or a responsibility ?
“ Right ” people always see their work as a responsibility rather than just a job . These are the team members who take ownership of their work , bringing their best self rather than baggage to the office each day . They recognize the importance of the work that they do and how it fits into the greater scheme . They understand the need to do their best and aren ’ t just there to get a paycheck . They buy into your vision for your firm and believe they are a part of something greater than themselves .
5 . Has your confidence in this person gone up or down in the last year ?
If you ’ ve given the sub-performer employee positive feedback , constructive criticism , and the opportunity to improve , have they done so ? They should have taken hold of the opportunity you gave them and made diligent efforts for improvement . Are you seeing some degree of progress ? You should be seeing an upward trajectory in their attitudes and performance to such an extent that your confidence in them has risen . If not , then it ’ s probably time to let them go so that they can pursue other options elsewhere for which they are better suited .
6 . How would you feel if that person quit ?
Would you be relieved ? If so , that ’ s a pretty sure sign you need to cut ties . One of my Mastermind members recently shared an experience he had last quarter , which I think illustrates this point well : This law firm owner had what he believed was a fantastic head paralegal . She was definitely a key team player because she managed all the other paralegals in the firm . Her interactions with our member- the law firm owner- were always stellar . From his perspective she was fantastic . Little did he know that this employee was a nightmare to many others in the firm , including case managers , the COO , and so forth . She was critical , hurtful , disrespectful , and overbearing to others . Finally , in frustration , almost a dozen of his other employees got up the courage to come to the law firm owner and let him know how awful this lead case manager was to everyone but the owner . When he finally gave this problematic employee her marching orders , the rest of the team were deeply relieved and thankful .
Conversely , if you would be devastated at their departure , then putting more time and effort towards developing subperformers into A + players makes sense . However , you should still determine how much time and effort you are willing to continue to invest in this employee . Give yourself and the individual a finite timeline and benchmarks in which to make the needed improvements .
The 90 % Metric may sound daunting but remember : It is a goal to work towards , for the sake of your firm ’ s health and scalability . Make time today to identify your firm ’ s key seats and critically examine whether you have the “ right ” people filling these key positions . If you don ’ t , then resolve to make 2023 the year that you place “ Key People in Key Seats .” Doing so will help you create a better law firm and scale your firm for greater success .
24 x The Trial Lawyer