Thursday, November 16, 2006

The year my law firm's voice broke

Legal Eagle, another insightful post on that old bugbear, the law firm. They're lucky young lawyers are so insecure, because I tend to think they deserve to have a fight on their hands.

In this instance, Legal Eagle has been discussing the importance of good people management and guidance.

Clear guidance is so important to good work. When I started out as an AC, my boss used to say "the stupid questions are the most important." He always had his door open, even though he was one of the more senior lawyers in the public service.

Mind you, we didn't have to worry about 6 minute billing, being salaried in-house lawyers. It also means we didn't have a "law firm culture", rather a more modern organisational development model, which takes into account relationships between a range of parties, not just lawyers. It seems to keep things in perspective, especially since promotion tends to come from the quality of your work and experience, rather than billing hours.

From my experience working at law firms whilst studying, I generally think they are hopelessly insular and hierarchical, and full of snobbery and fragile egos. The expectations on young lawyers keep them so tired and stressed that they can't see their way clearly out other than by working, which keeps them stuck in the cycle.

So what can they do about it? Well first of all they can hire good HR managers with a brief to ensure the welfare of staff, and to foster good channels of communication between levels of seniority. Perhaps creating partnerships with organisations outside the firm would be beneficial. Salarying young lawyers is, I've heard, an excellent option for some. I know of a couple of firms that do it. But most of all, I suspect changing a firm's culture to accept responsibility for the well-being of staff - all staff equally - would make a huge difference. A good HR manager, who is supported by the partners, is extremely important.

I also wonder if the articles system is too insular - some rotations could perhaps be required, through public service or NGOs.

But are firms actually haemorrhaging young lawyers? Because it feels like everyone's saying this, but there's little motivation to change. Am I right? Are we pissing in the wind?!

If not, junior lawyers need to take a bit of a hit here too. I have also found that, in my experience, junior lawyers are divided by competition and favouritism and infantilised by their firm's treatment of them. They need to curry personal favour to get anywhere. If one wanted to take a stand against poor treatment, the others would merrily use the opportunity to get higher on the ladder. This is exactly why I chose not to work in a law firm - I saw this attitude at uni and in clerkships and part-time work, and realised that I would die working in that environment.

I had a lovely moment once: the senior partner (and namesake) of a well-known Melbourne law firm with whom I had completed a summer clerkship came to see us for a meeting - we had outsourced some legal work to them. I shook hands and he said "I know your face", so I told him I did a summer clerkship there. He apologised that I hadn't obtained articles with them, as they have such a high quality of candidates. I replied "oh that's okay, I didn't apply." My boss was aghast and the man in question went slightly pale, so it wasn't particularly good for my career but it was very satisfying.

I think that if law firms aren't going to change, young lawyers need to force their hand by moving away from law firms and trying other options, rather than pursuing partnership out of ambition, or even petty snobbery. I can't count the number of times I heard the public service put down at uni or in law firms, yet it is the most satisfying work I could ask for, and has excellent conditions now that I'm a mother. And it's work that actually, really, makes a difference to people's lives. I don't just apply the law now, I help make it. No amount of extra money can make up for that kind of satisfaction. I work to live and live to work, because my work is meaningful. I think we're fooling ourselves if we see work as a means to a good life, rather than a part of it.

But coming back to the theme, in any organisation, (and definitely in areas of the public service!) you're absolutely right: good people management is crucial, especially for junior staff. Law firms need to grow up.

Might this issue also link to your observations about lawyers and mental health...?

1 comments:

Legal Eagle said...

Cherryripe, you are totally right, it's a two way street and it's also up to junior lawyers to stand up for themselves.

Personally, I certainly don't see the public service as a second rate option, any more than being a corporate counsel is a second rate option. I have tried the latter and it was vastly more relaxed than law firm practice. I also support the idea of "salarying" junior lawyers.

But even if junior lawyers speak out, they are certainly the parties with the less bargaining power. There is an inexhaustible supply of young law students waiting to get jobs.

What action should junior lawyers like Shop Steward and I take? I certainly voiced my concerns to my firm and to the HR department, but it was like throwing breadcrumbs into a black hole. Some partners agreed with me that practice and the ethos of practice had changed for the worse (they were decent people), but they said that clients were demanding it, so what could they do? I had nothing but contempt for HR (useless weasels in suits).

In the event, we've become so disillusioned that we are no longer solicitors. This is not a good outcome.

The other thing is that increasingly, the people who are going to make it to positions of power are people like this young man, who, in response to comments about the ethos of the law firm, wrote in the Fin Review:
"Perhaps the fact that these sorry souls are leaving the profession is merely an act of Darwinism at its purest; an act of self-selection that can only make the profession stronger."

I don't think he's going to listen to any of us on the topic.