Whether the news of your soon-to-be ex-employee leaving represents a big blow for your firm or a possible weight off your management team’s shoulders, the reality of employee turnover is and has always been an unavoidable part of business, come rain or come shine. But like all inevitabilities, how it is prepared for and dealt with determines what it brings for a company, and this rings true for any firm looking to thrive in a market filled with unpredictability. 

So, if you’ve just had your talented and likeable Senior Conveyancing Solicitor come and tell you they are leaving to go and work for a competitor, how do you react? Do you panic and wrack your brain for a way to make them reconsider their decision? Or do you perhaps treat the issue as something to avoid losing time and resources over, and wish them the best of luck as they depart for pastures new? 

 Do you make keeping them a priority, and should you even try? 

 If that individual is a big asset to the firm – reliable, motivated, hard to replace (or expensive), and now planning a move to one of your biggest competitors (and perhaps with a time-sensitive caseload on their plate) you will be tempted to offer them the moon to stay. Additionally, the true cost of losing an employee can be prohibitive – hiring fees, recruiting time, onboarding and training – not to mention the nose-dive in morale for other employees who see a valued and talented colleague walking out the door. 

 But a word of warning. A counteroffer may not be the solution it initially appears, as all angles of the situation need to be looked at before going down that route.  

Why Employees Leave 

What you should be wary of when looking to convince the employee to reconsider their decision, is going into the conversation with a financial incentive in mind as your bargaining chip. Research states that 50% – 80% of employees that accept counteroffers end up leaving their employer within 6 months due to the same issues that led to their initial decision. The fact is that it’s rarely a salary issue that sees employees leave to take up another job offer, so the chances that an offer of increased salary will keep them at your firm are slimmer than you might think.  

Rather than an issue of compensation, the following are the biggest reasons employees typically begin embarking on a search for pastures new: 

Lack Of Career Progression

If an employee feels they have climbed as far up the career ladder as they can with your law firm, they are going to start casting their net elsewhere to discover better opportunities. A survey last year conducted by Go1 discovered that 60% of employees that were found to consider leaving their job in 6-12 months’ time, cited a lack of career prospects as their main driver. When a promotion has long been deserved but is not forthcoming, employees will begin to look for it elsewhere.  

The same can be said for job satisfaction from a more micro perspective. When an employee’s work doesn’t provide the necessary stimulation for growth or progress that it should, it leads to the dangerous drops in work ethic that the resulting boredom brings. Perhaps your Conveyancing Solicitor has been dealing with the same clients doing similar work for several years and yearns for a new challenge. Or your Portal Fee Earner has been hoping for promotion to Team Leader for some time but hasn’t been successful. If an employee doesn’t feel stretched or challenged in their job, they become disinterested and disengaged. Then disinterest quickly transforms into boredom, and this eventually manifests in a search for something else to extend their capabilities. 

Poor Management 

People don’t quit their jobs; they quit their bosses, and this remains the case today for law firms. Poor management practice can do a lot of damage, – killing employee morale and impacting engagement levels – and consequently make the work environment a barrier to, rather than a catalyst for employee success. A workplace that doesn’t encourage ‘out of the box’ thinking or is inflexible with its staff is not going to facilitate success on an individual or collective level, and this is especially the case with legal professionals today, with whom working with an employer that shares and lives out similar values to theirs is now much more of an expectation than a luxury.  

Employees need to feel valued and respected. They need to look forward to coming to work and enjoying their job. Having these aspects of the work culture in place enables them their drive not only their own career progress but that of the firm too. 

Opportunity To Join A High-Profile Law Firm 

Blinded by the dazzle of the prestige that comes with working for a top law firm, an employee might feel the urge to leave just to be part of a highly-reputable business. While it’s hard to argue with this one, they (and you) should be warned of the possible pitfalls. Does the firm have a good reputation? Does it have a high staff turnover? Both parties should weigh the pros and cons involved.  

Better Work Life Balance 

Some things money just can’t buy, and this is one of them. Even in a period where flexibility and healthy work-life balance is high on the priority list of legal professionals, burnout remains common among many today. The nature of the work life involved in the legal profession – as well as the prevalent workaholic culture that pressures many into sacrificing their own well-being for their firm’s success – inevitably drives many employees to look towards leaving a position to try to claw back some time for themselves and their family.  

Asking The Right Questions

The best way to approach the conversation is by asking a few questions to get a good indication of why your employee is considering leaving. Keeping them general to begin with is best, as not everyone will be willing to discuss their reasons for leaving a job.  

A simple “What’s go you thinking of leaving’’ followed by a question asking whether they’d like to discuss it is a good way to get the conversation started. Asking questions can help you understand the underlying issues that have gotten your employee to the point of seriously considering leaving. Ideally, discussing these concerns can help you identify problems that you have the ability to address and  retaining your employee. 

And, even if they remain unconvinced, you will at the very least have learned  from their experience and can make improvements for future employees. Regardless, by addressing the issue and doing your best to find a resolution, you have ensured that you’ve done everything you can to take appropriate action.  

Making Your Counteroffer 

If you intend to make a counteroffer, start by asking your employee the following questions:  

1. Do they enjoy working at your law firm 
2. Can they envision a future there? 

 If the answer to both questions is yes it is worth considering a counteroffer. Begin by offering non-financial incentives to encourage them to stay, as we’ve already that these are unlikely to solve the issues at hand. Instead, consider the following alternatives:

• Foster a workplace culture that embraces diversity and inclusion. 
• Explore flexible working hours, including options such as flexitime for employees experiencing stress or other options, such as working from home. Employers who are more open to alternative working arrangements tend to be more respected by their teams and see better levels of staff retention. 
• Assign them a role that plays to their strengths. Is there an opportunity to move the employee into a position that better suits their skillset and ability? Is there a project/case they could lead on which would challenge them? 
• Provide mentoring opportunities – a great mentor can provide invaluable insight, support and guidance to an employee who is struggling with their career. 
• Address management issues promptly, as there’s no excuse for poor behaviour in the workplace at any level. Bullying, harassment or just downright rude bosses or staff need to be dealt with ruthlessly. 
• Consider hiring additional staff to alleviate workload pressures. If workload overwhelm is the issue, then a temporary or permanent staff addition can reduce pressure on current employees, and lead to an increase in productivity, as well as fewer absences due to stress. 
• Establish a clear progression pathway. Everyone wants to feel they can achieve their career ambitions through their work and see tangible progress.  
• Develop an employee development plan that shows a clear training, development and progression route for each employee. This will give individuals something to aim for and ensure they are more likely to stay and grow with your law firm. Remember that taking tangible actions is crucial for the success of your counteroffer.  

Potential Pitfalls To Be Mindful Of 

Even more important to consider than the pros of a counteroffer are the potential drawbacks involved. The following should be considered before proceeding:  

• Could offering a salary increase create imbalance across the team?  
• Will other team members pressure for a salary rise when word gets out – and if so, can you manage expectations? 
• Will you get a reputation in the market for overpaying that could lead to unsuitable candidates clamouring to join your law firm for the wrong reasons? 
• Can you even afford an increased financial offer in the first place? 
• Is there a real chance of the employee taking your offer for granted? Could they continue performing at previous levels or become complacent, even arrogant, because they got their way?

Moving Forward

Whatever the outcome, you may want to consider ways to improve staff retention going forward; improving firm culture, opening lines of communication to provide transparency and most importantly, valuing your employees. Using conversations around why an employee wants to leave can be a strategic opportunity to reflect and make improvements internally. 

As a Manager of Business Leader in the Firm, you should always be on alert for the signs that key individuals may be a ‘flight-risk’. In today’s changing legal landscape, issues like disengagement, burnout, and even “quiet quitting” are becoming increasingly common. But if you can recognise these signs ahead of time, there are still things you can do to re-ignite your staff’s passion for your firm and prevent them from seeking other employment options…hopefully long before the conversation around resignation and counteroffers is even on the table. 

Moving On?

If despite reasonable negotiation, the employee still intends to leave, it is best to agree to part ways amicably and wish them well. Remember, life is about change. If it’s time for them to move on, let them resign gracefully. Don’t be tempted to behave childishly – that will only get the rest of your team thinking about starting their own covert job hunt. 

Instead, consider celebrating their contribution with a kind Thank You gesture. That’s the best way to build trust and successfully manage your legal team. 

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals and legal IT personnel to practice managers.

Click here to speak to one of our experienced Legal specialists or call 01772 259121 for more information on how our exceptional recruitment experience can help your career aspirations.

The employee performance review has received a lot of criticism in recent years. Traditional employee appraisal processes have been causing headaches for both managers and employees, yet most employees believe performance reviews are ineffective at driving performance. 

There’s still a place for the annual performance review. But success-driven organisations know it must be part of a bigger performance conversation strategy. 

Regardless of whether you’re conducting an annual appraisal, a quarterly review, or a monthly performance check-in, performance conversations can be challenging if a consistent review process isn’t followed. 

A goal for all business managers is to create a positive experience that motivates employees and consequently drives high performance. 

Before we dive into the tactical side of performance reviews, it’s important to understand what it is and why it is important. This will give you the foundation you need to start using them more effectively in your firm. 

What is a Performance Review?

A performance review is a two-way, individualised conversation between managers and employees about performance impact, development, and growth; related to the objectives set for an individual. It is a critical component of an organisation’s overall performance management strategy. 

Traditionally, performance reviews have occurred once a year and have focused on evaluating past performance. 

But reviews are now changing. 

Modern performance reviews work well when they happen monthly, where logistically possible, and focus on driving and improving future performance through motivational and developmental feedback. 

The classic performance review has taken a lot of flak over the past several years. Yet, the reality is, performance conversations are a crucial part of effective employee engagement and retention strategies, especially in the current economic climate. 

How Performance Reviews Improve Individual, Team, and Firm Success

Why are performance conversations important? Because they have a big impact on the success of your employees, teams, and firm. 

Discussing performance isn’t always easy. It’s tough for managers to give feedback and even harder for employees to receive it. How employers handle these conversations plays a huge role in an employee’s engagement and overall experience. 

Performance conversations will often make or break trust. An open, honest, and regular dialogue helps build trust among employees, managers, and your legal teams.  

Ongoing performance conversations can boost employee success by: 

• Helping employees identify their needs, goals, and challenges. 
• Informing line managers on challenges, obstacles, and decisions before they impact performance. 
• Opening opportunities to discuss feedback, celebrate recognition and reinforce alignment. 

Performance conversations help managers evaluate team performance by giving them a clear picture of that of their team members. They’ll know where the team is strong and where the team needs help or development. 

If employees aren’t aligned and on a clear path to success, organisations will have difficulty achieving important goals and objectives. Performance conversations allow managers to connect employees to the bigger mission, vision, and goal of their law firm. 

They also give managers and leaders the data to make important decisions about compensation, promotions, development, role changes, exits, etc. 

Knowing all the benefits a performance review can bring, what are the key elements that make up a successful review?  

The Vital Elements of Performance Reviews

Performance reviews give employees and managers a chance to discuss how they meet their objectives and do better together. 

Delivered well, they can engage and motivate employees to maximise their efforts. Delivered poorly, they can send employees down a disengagement spiral—and even decrease performance. How do you choose the right performance appraisal method? Below are a few elements to consider.  

Frequency Is Critical

Our experience as a specialist legal recruiter for over 23 years in the industry has shown that successful law firms, and those highly coveted by legal candidates, ensure performance conversations happen more frequently. They also make them more engaging too. 

Managers and employees equally contribute to the discussion, and employees are as invested in the preparation. 

While there isn’t a one-size-fits-all solution for all performance discussions, every conversation should promote trust by reducing anxiety while creating clarity for all concerned. 

Performance conversations like these aren’t only about performance; they can also address: 

• Career growth, development, and training 
• Business objectives versus time 
• Changes or key messages from senior leadership 
• Recognition 
• Peer feedback 
• Customer feedback

Make Them Future Focused

Old-school style performance reviews would often look at the past, what happened versus what didn’t, mistakes made, values not aligned, and the list goes on. Unfortunately, something that happened months ago could have been continually repeated because it wasn’t addressed at the time.  

Contrary to what you might think, this isn’t exactly motivating for an employee who hasn’t been given an opportunity to change because they weren’t given feedback at the time. 

However, employees do have the power to change what happens in the future—and this is where the bulk of your performance conversations should focus. It’s good to reflect on the past, but managers and employees should also spend time looking forward.  

Make Them Transparent & Objective

Performance reviews can be anxiety-inducing for any of us. One of the best ways to reduce anxiety is to bring employees into the process early and involve them in the preparation and planning.  

Managers should work with each employee to create a clear, shared, and collaborative agenda with main discussion points. Both parties should know exactly what to expect. And if you have implemented the suggestions about frequency, there really should not be any surprises. 

Reviews have no excuse not to be objective. Today we have a huge volume of data to use alongside our ability to base our assessment on behavioural observation versus our judgment about what we think we saw or heard. Managers can come prepared with data from various sources such as recent recognition, 360-degree feedback, talent review ratings, one-on-one notes, goal progress, observational coaching, feedback, and more. 

Every statement made should be fueled by data or observation—not by a  manager’s personal opinion. 

To recap, here are some key differences between traditional performance reviews and modern performance reviews.  

Traditional Performance Reviews

These tend to be a six-month or annual affair. It is generally one-sided, with a line manager informing the employee what they did wrong and right, focusing on developmental feedback. 

This is usually subjective with a grading that either does or does not result in a salary increase.  

Modern Performance Reviews

Everything a traditional review isn’t. They happen every month or quarter at least and involve two-way conversations and focus on the future.  

They review recent performance and involve coaching to impact the employee’s development and growth. The conversation is always based on data and facts. The conversation is then followed up the next month too.  

Preparing To Run A Performance Review

There is nothing worse than being unprepared at work. Even though our knowledge and experience can get us through most situations, somehow, that never seems to work when interacting with another human being.  

What makes it even more critical to prepare in advance is the impact your lack of planning has on your employee. Always approach any performance conversation with thoughtful preparation and lots of data and examples.  

Making Time & Setting Expectations

You have a lot of responsibilities on your plate as a manager in a law firm and conducting performance reviews with each team member can be time-consuming. But the payoff is worth the investment, and it’s critical that you carve out appropriate time for each member of your team. 

If you forgo important performance conversations, you risk missing out on new opportunities for promising employees, and the negative actions of under-performers will go unchanged. 

You begin setting expectations the moment your invite arrives in their inbox. Hot tip: Don’t just send a calendar invite out of the blue; a personal email works so much better. 

Schedule the meeting at least one week out, or ideally at the end of your last review. You want to give yourself adequate time to look into an employee’s recent performance.  

Make it clear what will be covered in the meeting; a clear agenda works well. Employees should have a complete understanding of what will be discussed, one of the many benefits of conducting reviews regularly. 

These topics should be a part of any performance conversation:  

Current performance: Both parties should enter data on how the employee performs against the objectives originally set at the start of the year. Have your employee consider current barriers and if there’s anything you can do to help them. 

Make sure you get an update on why they are failing or achieving their objectives so far. 

The original performance objectives were set in good faith between the two of you, and they play a big part in determining whether the employee is succeeding or failing.

Career goals: Employee performance is usually fueled by their view of the future. Motivated employees continually push themselves and seek additional responsibilities and the potential of their next promotion. Get employees to consider where they want their legal career to go and how those motivations impact their performance.  

If there are performance issues, make sure your employee understands that it’s about developmental feedback and a plan to move forward. 

When employees aren’t achieving goals or objectives, these meetings can help determine why and how to help an employee improve.  

Start on the right foot by aligning expectations for the meeting itself.  

An employee should know their role in preparing for the meeting. They should review the agenda, add topics they’d like to cover, and know where and when the meeting will occur. 

Second, employees should know what to bring to the meeting and what information might be referenced or pulled into the discussion from the manager’s side. 

Finally, employees should have a clear idea of their responsibilities after the meeting and how their manager plans to help them succeed. 

Above all, managers and employees should have a shared understanding of what good performance looks like.  

When necessary, managers should clarify each employee’s role and how the firm perceives their contributions. By aligning expectations with your firm’s established performance criteria, your employees won’t feel misguided or alarmed when their review begins.  

Select Your Setting

Depending on the culture in your firm, there may be a standard procedure or way of conducting reviews. If in doubt, a private setting is best. It demonstrates to your employee how important they are and the level of respect you have for them. 

Catch-up chats are fine in communal areas; performance reviews are different.  

How long should the review be? That is up to you, and remember it is key to make your staff member feel important. Managers in a fast-paced work environment are often stretched for time, but this is one area to allow more time. An hour is a time frame to consider. 

If it is physically possible, choose a training room or conference facility away from your own office. Neutral ground, no matter what you are discussing, is always best so that all parties can have at least a few minutes of processing what has been said before they return to their desk. 

For example, suppose you are meeting with specific developmental feedback, and creating an improvement plan. In that case, you’ll want to choose somewhere private, so your team member can focus on the plan and less on what others might overhear.  

The Power of Questions

As a manager, it is your role to lead the review and ask questions to reveal what is related to the objectives. 

One of the easiest ways to do this is to list performance objectives and related questions. 

Brainstorm a list of open questions that encourage more than a yes or no answer. These generally start with who, what, where, why, how, and when. 

Always build rapport and put your employee at ease. Though you might feel awkward carrying out a review, remember your team member is feeling that too. 

Here are a few examples of questions you could use. 

• What results from last month are you most proud of? 
• How did you achieve X, Y, or Z? 
• What disappointed you about your performance? 
• What will you stop, start, and continue next months? 
• Tell me more about what happened with A, B, or C? 
• What roadblocks are in your way? 
• What impact has your performance had on the firm? 
• How can I support you as your manager? 

Using questions like this will give you more information and data to add to what you already have. Performance conversations should be two-way, so make sure you’re facilitating a discussion and actually listening.  

Remember to take notes so you have a record of how the discussion proceeds. As human beings, we have an innate desire to be heard. Asking questions, listening, and taking notes demonstrates this to your team member. 

Listening to your employees helps you learn and understand rather than simply giving someone equal air time. Ask follow-up questions to help you dig deeper and paint a fuller picture. 

Now is the time to focus on feedback, both developmental and motivational.  

The Gift of Feedback

I know some people think there is irony in this phrase, yet the truth is, how can we improve unless we are given feedback on how we perform and how to get better? 

Successful business owners employ a coach to improve their performance. The good news is that you can become a performance coach for your team. 

Mastering the art of giving feedback is one of the single most important things you can do as a manager.  

Feedback comes in two forms. Motivational feedback is when you’re congratulating or praising a team member for something they’ve achieved or done well. Developmental feedback is where you highlight a performance issue or behaviour that requires development to improve. 

Of course, the key lies in balancing the two types of feedback and how they are delivered. 

Many managers focus on developmental feedback only, which the team interprets as only noticing ‘the bad things.’  

Sometimes the manager does this because they appreciate developmental feedback. They think that others prefer this style too – or more commonly, they had managers who didn’t give motivational input, so they’re not accustomed to its benefits.  

On the other end of the scale, some managers praise a lot but don’t offer enough feedback for development. They don’t know how to give good developmental feedback, and so avoid giving it. Many managers haven’t been sufficiently trained in giving feedback or have had poor role models in their past managers. As such, no one knows where they’re going wrong or how their performance could improve. 

It isn’t helpful to give vague or ambiguous feedback to your team members, whether it’s positive (motivational) or negative (developmental).  

Yes, it can be helpful to tell someone they are doing a great job, yet it’s far more beneficial to let your team member know exactly what performance traits you have seen that has contributed and want to see them continue to use. 

As a generalisation, it’s easier for individuals to receive motivational feedback compared to developmental. However, suppose you invest time nurturing your relationships with each team member and stocking up their emotional bank account with sufficient motivational feedback. In that case, it is then easier for them to handle the developmental side. 

Too often, managers focus on what an employee can improve first and consider praise as a second thought. While this can be quickly rectified if you see someone every day, it’s not always the case if some of your teams are now working remotely. 

Research from the CIPD suggests that anything from five to six pieces of motivational feedback to one developmental is the right balance. This will vary by individual, and there is no better person than a manager to know which team members need more praise than others. 

As the review ends before developing a follow-up process, let’s discuss a topic that is often pushed aside, the conversation around compensation and benefits.  

The Compensation Conversation

We are currently in a volatile hiring market, which is highlighting discrepancies in salaries and compensation in some law firms. 

Interestingly, a recruiting MD colleague in an aligned sector shared with me how a candidate he was working with was made a counteroffer from her current employers when she submitted her resignation.  

They offered to increase her salary by 35%, and, with one of their star performers about to leave, they were also willing to consider remote working – something they had refused a year earlier.  

The employee took up the offer from a new employer as her trust in her current company had been ruined. 

This isn’t a one-off occurrence. 

If compensation conversations are not commonplace in your organisation, maybe they should be. 

If a high-performing employee asks for a pay rise or additional benefits, be prepared. No matter who’s making the request, your star performer or an average one, you’re likely to feel taken aback or annoyed at being put in this position. 

Don’t react with the common platitudes I am sure all of us has heard; “not my decision”, “if it were up to me, of course, I would give you an increase.” 

Depending on the size of your organisation, you may have flex; however, take stock as you plan your next steps. 

Be curious and use the time-tested strategy and phrase, “Tell me more.” Then listen and take notes.  

Ask open questions to uncover as much information as possible, depending on the individual’s explanation and reasons why you can then make a case or not for their request. 

Ensure your employee feels heard and agree when you will get back to them. Though you might have been ‘miffed’ at their request, remember it won’t have been easy for them to raise the issue in the first place. 

As a first step to handling the situation professionally, are you paying the ‘going rate’ for the role and responsibility? If you are unsure, ask your current legal recruiting partner, who will know the answer. 

If you are underpaying, then be prepared for the consequences in the current market, which will be losing a good employee with knowledge and experience of your firm and how you operate. Legal professionals are on the move more than ever before, and for the sake of a small pay increase, in the bigger scheme of things, is it worth losing a valuable employee? 

The conversations have happened, so what next? 

Post Review Follow Up

One of the common errors in managing effective performance reviews is the lack of follow-up. A great conversation happens, and then no follow-up communication occurs, and the impact gets lost. 

Your employees need support to achieve the next steps you have agreed to together. Ideally, put a development plan in place with milestones, timelines, and actions. 

Plan in the diary your next meetings and agree on what all parties will do between meetings. 

Follow this process, and you will have a comprehensive and fair process that will benefit your employee, team, and firm.  

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals and legal IT personnel to practice managers.

Click here to speak to one of our experienced Legal specialists or call 01772 259121 for more information on how our exceptional recruitment experience can help your career aspirations.

The COVID-19 Pandemic taught businesses many things. How to adapt (and quickly), how to navigate unchartered territories, and most of all, how to be as prepared as you can for the unexpected. Those businesses that had business disruption plans in place were naturally given a head start, while others arguably had their fingers burnt when the world turned upside down.

One factor that all businesses face at some point in their future, is the potential disruption that comes with a key individual leaving – be that for another role, or as they head towards retirement.

And it will undoubtedly be small and medium-sized boutique firms that are the most at risk from disruption as the required skill set and knowledge will be concentrated amongst a few key individuals.

Put simply, firms without a succession plan risk losing revenue, reputation, and relationships, and whilst it’s hard to find the time to plan for the future when you are busy running the day-to-day, putting a clear strategy in place will only help to protect the business when the time comes to put it into action further down the line.

Here we look at the 9 steps to take to start a succession plan for your law firm:

1. First things first: look for signs your key people are thinking of leaving

Legal professionals can choose to leave your firm for a variety of reasons. They may be looking for a new opportunity or challenge in their career, want to move into another area of law perhaps, or simply have become dissatisfied in their current role.

The first step to planning for the future is to be ever aware of the warning signs your top talent is thinking of leaving.

This might include:

• Avoidance of long-term projects and growth
• Visible signs of the stress connected to the role
• Signs that the individual is not as creative or intuitive as usual
• Performance is beginning to suffer

In today’s changing legal landscape, issues like disengagement, burnout, and even “quiet quitting” are becoming increasingly common. Fortunately, if you can recognise these signs ahead of time, there are still things you can do to re-ignite your staff’s passion for your firm and prevent them from seeking other employment options.

If that is not an option, or all avenues have been exhausted and the individual has progressed to handing their notice in, you might want to consider step two…

2. Consider whether a counteroffer is the way forward

When you are faced with the prospect of losing a key individual from your law firm, it can be tempting to enter straight into negotiations to counteroffer. Not only can it be expensive to replace key people, it can also damage morale and affect client relationships. If there is a glimmer of light that the decision can be reversed, it is no surprise that many employers go down this route to mitigate any collateral damage.

However, business leaders should think twice before making a counteroffer as there are both pros and cons that should be considered.

There are times when negotiations are worth entering into, especially if that individual can still see a future at the firm, still finds the culture and working environment a ‘fit’, and any identified obstacles can be overcome.

However, if the counteroffer is based around salary expectations, take heed. Will offering an increase lead to an imbalance across the rest of the team? Will it start a snowball effect with other individuals? Can you actually afford the increase?

Finally, it is also worth noting at this point that any negotiations around encouraging a key individual to stay will not be relevant if the reason for leaving is retirement. However, with a presumed notice period that will be required in this instance, following the next steps are still key as that person works through those final months (or years).

3. Review your current team in depth

As a business leader – whether as a practicing solicitor or not, the structure of your business should always be reviewed periodically. Of course, you may have an ongoing hiring plan in place to fill certain ‘gaps’ or around a growth strategy as you increase headcount. But consideration should always be made around highlighting key individuals across the business that are likely to cause some element of disruption if they were to leave suddenly (either enforced by the firm or due to extenuating circumstances).

A good starting point would be to look at ‘vulnerable’ vs. ‘critical’ positions

• Vulnerable = There is no identifiable successor. Risk is loss of functionality and knowledge as there is no obvious replacement.
• Critical = A leaver in this category would significantly impact a firm’s operations. All leadership positions are critical by this definition – in particular CEO, CFO type roles.

Assuming you prioritise planning for the departure of these roles first, ask yourself if there is someone else in the business that can take on those responsibilities for example. What would happen to that individual’s clients or caseload? What clients are a flight risk and would potentially follow that individual to a new law firm?

These are the initial key questions when putting a succession plan in place: understanding the risks and ensuring that business continuity is key.

4. Develop your future leadership team

At any given point, having a pipeline of future leaders in the business is incredibly important – whatever the size and structure. Having clear progression paths in place is a good starting point so individuals can envisage their future at the firm, supported with robust training and upskilling where needed as part of the wider package of benefits and employee support.

When it comes to creating a succession plan, however, more careful consideration needs to be taken when assessing the exact skills and experience needed  – applicable whether you are planning to move people into that role from within or recruit externally.

You need to consider for example:

Key skills that may be lost  – If the individual leaving is a business leader or managing partner, these may not only be around their skills as a practicing lawyer. Business acumen, entrepreneurship, strong financial control, and managing a team are all essential skills that you would hope their successor would have. Above all, someone who has experience in change management would be ideal to take the business from its current state to a desired future state – executing change, mitigating risk, and minimising resistance.

SPOFs – ‘Single Point Of Failure’ – an acronym that originates in the world of IT, it refers to a component or part of a system that, upon failure, would cause the entire system to fail or significantly impact its operation. In business terms, therefore, you need to consider if any individuals have sole knowledge of a particular process or system or hold a set of critical skills that no one else in the business currently has. To see these, quite literally walk out of the door, may significantly impact your business, so ensuring that knowledge is shared is good practice.

Using notice periods to your advantage – if a successor has been identified, and there is a notice period for the leaving individual to serve, it may be worth considering if there is an opportunity for the two to work side-by-side for a period. Obviously, you will need to consider internal costs here and the impact on billing criteria if you have an individual mirroring a new role, but the time spent shadowing or preparing for the shift of responsibilities could be a sensible move in the long run.

5. Active management of client transitions

Unless the individual is leaving your firm because of retirement or to cease employment altogether for other reasons, there is always the risk of clients following that individual to one of your competitors.

So what can you do to mitigate the risk (and impact on your bottom line)?

Once again, the starting point is taking time to analyse your book of clients, particularly those who you would class as ‘high-value’. Do these have a team of people that you deal with regularly, or is it just one individual? Understanding these relationships is key, as is ensuring that all leads and client data is shared internally through your database or CRM.

If it is appropriate, ensure that the client has contact with a number of people within your firm, not just a single person. Regardless, open and transparent communication with your key clients is vital to uphold those valued relationships, maintaining service quality, and contribute to client satisfaction with the proposed changes ahead.

From an internal point of view, and if there is a formal transition in place between leaver and successor, make time to transfer knowledge about that client. This should be on a deeper level than the information found on a CRM or caseload platform. Ongoing projects, key individuals, processes, and how they like to do business are all vital nuggets of information that will equip the person taking over the relationship with the inside track over and above facts and figures on a much more personal level.

6. Creating an external comms plan that maintains stability

By now it is evident that clear communication to all stakeholders is a key part of continuity and succession planning. Creating a plan that also addresses ‘the market’ is also key here – particularly if the individual leaving is senior, a managing partner, or a CEO for example.

The objective of general external communications is to mitigate any potential damage to the firm’s brand and to reassure clients and potential clients about the continuity of service.

And, whilst a smooth and well-managed transition can have a positive impact on a firm’s brand, a poorly executed or mishandled succession process can actually tarnish its reputation.

Communicating future plans here is key – when people observe a well-prepared and seamless transition of key personnel, it instills confidence in the firm’s ability to maintain consistent service quality, fostering trust in the brand and reinforcing its reputation for reliability.

What’s more, succession planning allows a firm to strategically position itself by identifying and developing talent in specific practice areas or industries. By aligning succession plans with the firm’s strategic objectives, it can communicate its expertise and wider value proposition to clients and stakeholders. This further strengthens the firm’s brand reputation as a trusted authority in those areas of law.

7. Focus on internal communications and vision

Having a clear roadmap for the future; setting a vision and the steps in place to get there is crucial for any law firm, whatever their size or practice area. Engaging team members, ensuring efforts are aligned, and facilitating personal growth and development are key elements of successful internal communications.

When a key individual has given their notice to leave, it may very well lead to discontent and worry – albeit temporary – on the supposed disruption ahead. It’s therefore vital to be completely transparent with the remaining team about what plans are in place, and how they will affect the business in the short, medium, and long term.

Some key areas to focus on in your communications include:

Providing a clear roadmap ahead –  outline the future strategic direction particularly if this will change as the individual departs.

Engage in 2-way communication – encourage team members to share any concerns, thoughts, and ideas openly about what the future will look like.

Promote personal growth opportunities – ensuring the remaining team members can still see opportunities for their own growth, progression, and personal development is crucial.

Visualise the vision – where you can, make your firm’s vision tangible and relatable.  Use visual aids, and real-life examples to help team members connect on an emotional level.

Managing change communications is a critical aspect of successfully navigating organisational transitions and ensuring the smooth adoption of new initiatives and significant changes, including the departure of key individuals. Done well, this can help your remaining team transition with clarity, understanding, and engagement for the road ahead.

8. Consider hiring strategy as structure changes

Depending on the role in question, you may not want to hire someone external – rather, promote from within. This has clear benefits – these individuals are already a good fit for your firm, understand your tech stack and processes, and may already have fostered good relationships with key clients.

However, external hiring may be needed to back-fill the role of the successor for example. A shift around of roles and responsibilities internally inevitably leaves gaps somewhere – so consideration of what a revised or likely business structure should be taken to feed into a plan around hiring.

If you are responsible for hiring within your law firm – either wholly, or as part of your role as a practicing lawyer, one of the choices you have as part of your hiring strategy is whether you go it alone, or enlist the services of a recruitment specialist.

This decision may be based on a number of variables including £budget, speed (the need to get the position filled quickly), and the potential scarcity in the market of the hire(s) in question – but there are clear advantages to engaging early with a sector-specialist to give you a head start as you continue to focus on handovers and the transfer of knowledge of your departing employee.

9. Keep internal admin up to date

Job descriptions and the roles and responsibilities of individuals are likely to change over time – particularly if they progress along a defined career path, or the business changes and roles have to flex to accommodate those.

It is therefore prudent to keep documentation up to date to make it easier to recruit into that role when the time comes – be that from your internal talent pool or externally.

Even if the ‘new’ role may change with the departing individual, it at least allows you to benchmark and assess areas of the role that may need to pass to the successor.

And, ensuring that key processes are documented and shared internally is crucial if you don’t want to end up with SPOFs in the business who take that knowledge with them as they depart.

Conclusion

Whilst it’s not always the case that business leaders get a heads up on when the key individuals of their team are leaving, it is still worth having succession planning as part of the annual strategic review – particularly if a SWOT analysis is conducted where this could be classified as a very real threat to business-as-usual.

Where reasons for leaving are around retirement or taking a more permanent step back from current responsibilities, as much time to plan ahead should be taken. Using notice periods strategically to help document processes and pass the baton over to a suitable successor is time well spent.

And, if there is no one in the wings that look like they have the right skills and mindset to take on additional or alternative responsibilities, engaging with a trusted and reputable legal recruitment specialist as soon as you can is key to ensure you kick start the process and find a suitable candidate that is the right ‘fit’ from the outset.

Successful succession planning is about putting solid plans in place before key individuals leave – not scrambling to fill gaps and manage ripples of worry or discontent as they walk out of the door. And, as Vijay Parikh, Owner of Harold Benjamin Solicitors wrote recently for The Law Gazette whilst succession planning may not be something on many senior partners’ agenda, it is an absolute necessity, like any other future planning for a successful business.

In short, it’s never too early to start thinking about putting a strategy in place  – even if it only comes into force sometime in the future.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals, and legal IT personnel to practice managers.

If you are building your legal team or looking for your next career move, we can help – whether that’s on a contingency or retained basis.

Call us on 01772 259 121 or email us here.

Communication is key in any workplace, and necessary as a business leader or manager to keep staff members on the same page as you, synchronize teams, and strengthen performance.

Unfortunately, effective communication isn’t always easy to achieve. 86% of employees and executives cite poor communication as one of the core causes of workplace failures. One of the primary challenges managers face is figuring out how to handle complex conversations with their staff members. In every workplace, issues can arise which require a difficult discussion.

You may need to address a dip in performance with an otherwise stellar employee, or discuss emotional issues like burnout and lack of engagement.

While conversations such as these can be challenging for every party involved, they’re fundamental to ensuring your employees can continue to deliver and thrive in their roles.

So, how do you handle complex conversations correctly?

Step 1: Gather the Right Information

Preparation is essential to any valuable conversation. The more information you have to go into the meeting or discussion with, the more likely it is you’ll be able to achieve a mutual understanding.

For instance, if you need to speak to your employee about problems with their performance, telling them they seem “distracted” at work might not drive the right results. Most staff members will act defensively when presented with negative feedback, and may attempt to argue that their perceptions are incorrect.

However, if you enter the meeting with evidence of your employee missing deadlines, receiving negative feedback from clients, or failing to achieve objectives they have been set related to their job specifications, they will be much more likely to listen.

Having more specific information on hand will also facilitate a deeper discussion about what’s actually going wrong. For instance, your employee may be delivering the same quality of work, but missing deadlines, which could indicate an impending risk of burnout.

Step 2: Set the Stage for a Valuable Discussion

The right setting and plan can make a huge difference to the outcomes of a complex conversation. For instance, when discussing difficult topics, most employees will want a private setting, which allows them to keep the situation confidential. Nobody wants to be called out in front of their colleagues and peers.

Choosing a room or environment which feels comfortable and open can be helpful. An employee shouldn’t feel like they’re being interrogated, or this can lead to a very one-sided conversation, where your team member immediately begins acting defensively.

Schedule a meeting with your legal employee at a time suitable for both of you, and allow time to have a detailed conversation. It may also be worth letting your staff member know exactly what you’re going to be talking about in advance, so they can come prepared.

For example, instead of saying “We need to discuss what happened in the last meeting”, you can say, “I feel like you weren’t as engaged as usual in the previous meeting, let’s set up a discussion, so we can arrange how to address that going forward.”

Step 3: Put Facts Before Feelings

A complex conversation can easily become emotional. However, allowing emotions to run rampant can lead to arguments between staff, rather than valuable conversations. With this in mind, it’s important for you to show your leadership skills, and take an objective, logical approach.

Using the facts you’ve gathered during the initial preparation stage, start thinking about how you can structure your conversation to put logic first. Introduce all the key issues you want to address at the beginning of the conversation, with evidence and proof for validation.

Don’t tell your employee how disappointed you are, and avoid using “I feel” statements. Instead, remain as calm and objective as possible. Instead of saying, “I feel you just didn’t do your best here”. Say, “Based on (facts), you can see this project doesn’t reflect your best work. What happened?”

Step 4: Stay Positive

Although it’s valuable to maintain an objective and logical viewpoint when approaching a complex discussion with a member of your team, it’s also helpful to maintain a positive outlook. The aim isn’t to berate or upset your employee, but to start working together on a solution for the problem you’ve discovered.

Your staff members will be far more inclined to work with you on resolving the issue if they feel as though you’re approaching it with a positive mindset. Rather than just accusing your employee of not working as hard as usual, or being lazy, ask them why they think the issue has happened.

Use this feedback to offer advice on how they can make positive changes. For instance, if an employee feels overwhelmed by too much work, you could suggest different scheduling strategies, or ask them whether they’ve considered delegating some of their tasks.

Step 5: Listen to Your Employee

A conversation is a two-way experience. Unfortunately, it’s easy for a manager to fall into the trap of simply speaking “at” their employee, rather than speaking with them. Even if you have a lot of proof to back up the complaint you’re making, it’s important to remember you may not have the whole story. The only way to effectively resolve a problem is to ask relevant questions and listen to the answer.

Rather than trying to “win” the conversation and prove your employee has done something wrong in a negative conversation, for instance, aim for mutual understanding. By the end of the discussion, your employee should understand they’re not adhering to your expectations, and you should have a better knowledge of why their performance is slipping.

After you’ve presented the facts, give your employee a chance to share their perspective.

This will pave the way for a better conversation, where you can start discussing potential solutions as a team. This strategy will not only improve your chances of resolving the issue, but also lead to a better relationship between you and each individual on your team.

Step 6: Follow Up

Finally, just because a complex conversation comes to an end, doesn’t mean your work is completely done. The purpose of any difficult conversation with a team member should always be to inspire positive action, changed behaviour, and results.

Whether you’re discussing burnout, emotional issues, or performance problems, you should always end the discussion with a plan of what to do next. Come up with a strategy using the input of your legal staff members, and then follow up to see whether the resolution is working.

Checking in, or arranging an additional meeting in the future, will ensure you don’t lose track of the issue and allow it to snowball. It also means you can work together to come up with alternative solutions if your initial strategy doesn’t work out.

Difficult Conversations are Common

In any law firm, there’s a good chance, managers will have to deal with difficult conversations at some point. Performance issues can arise anywhere, and burnout can cause significant problems for employees. Being able to discuss complex, emotional, and even negative topics effectively are crucial if you want to get the most out of your team.

Of course, it always helps to hire the right people to begin with, focusing on candidates who share your open communication style. Working with a specialist legal recruitment agency could make conversations with your legal staff a lot easier, and we’d love to give a helping hand in ensuring your legal team gets the right fit from the get-go. If you find yourself in a position where you could really benefit from such services, don’t hesitate to get in touch with us.

In Conclusion

Handling difficult and uncomfortable conversations is always a challenging task, even for the most experienced managers and business leaders, but when overcome, they become an opportunity for you to boost employee engagement and performance throughout your team, ultimately benefitting both your team members and the business. Additionally, the above points can serve as possible signs to look out for that could indicate discontentment amongst your legal employees and a resulting desire to look for a new career move elsewhere, giving you the opportunity to take action ahead of time.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals, and legal IT personnel to practice managers.

If you are building your legal team or looking for your next career move, we can help – whether that’s on a contingency or retained basis.

Call us on 01772 259 121 or email us here.

In a skills-short market, businesses across all sectors are looking more closely at their strategies for attracting and retaining their talent. And whilst a focus on employer branding has been a part of business DNA for a number of years (prevalent in the early 1990s and usually straddling both the marketing and HR functions), the last decade has seen a new phrase coined that takes the concept a step further.

The Employer Value Proposition (EVP) has become somewhat of a buzzword more recently – especially as businesses operate in an increasingly competitive and borderless world that is economically volatile.

Pioneer of employer branding research, Brett Minchington defined an EVP in 2005 as “a set of associations and offerings provided by  an organisation in return for the skills, capabilities, and experiences an employee brings to the organisation.”

In simple terms, it is the way that businesses differentiate themselves in their particular market allowing them to not only attract and recruit ‘right fit’ new employees but also impact the engagement and retention of existing staff members.

Why Your EVP Could Be Your MVP

While there seems to be more jargon and acronyms than ever – what is clear is that it is more important than ever for law firms to communicate the compelling reasons why future hires should choose to work with/ for them.

In the past, many businesses assumed the key to a successful EVP was simply offering their team the best salary and benefits. However, teams today are looking for more than just financial value in their careers.

As attitudes to the workplace have changed, so have priorities as legal professionals now have more opportunities than ever to consider where, how, and when they work.

Vacancies offering fully remote or hybrid contracts means that staff are no longer restricted by geography when assessing new opportunities in the market, and with the net cast wider – so too are the opportunities (and indeed, competition).

Fundamentally you need to communicate all the specific and unique benefits an employee can expect to receive when they join your business. These should seek, where possible, to differentiate yourself from competitors operating in the same region and/or practice area; describing (and making tangible) what the business stands for – vision, culture, and working environment.

According to Gartner, a leader in people management, an EVP can massively strengthen your position in the hiring landscape and improves your chances of retaining talent, decreasing annual employee turnover by just under 70%, whilst increasing ‘new hire commitment’ by nearly 30%.

The War For Talent Is Over. Talent Won.

The quote above by PwC’s US Chairman, Tim Ryan in October last year continues to do the rounds as the UK’s drought of talent is still felt across many industries and professional sectors. As highlighted in a recent article on Maddyness, UK unemployment rates remain at a historic low of 3.75%, and with vacancies still at heady heights (compared to pre-pandemic levels), there remains a disconnect between demand and supply.

Furthermore, those businesses that were proactive in securing talent by offering inflated salaries may no longer have this option against a backdrop of economic uncertainty, and squeezed budgets.

And whilst this may on the surface start to level the playing field between small and medium-sized firms who couldn’t compete on price, the challenge around standing out on the things that matter very much remains.

Creating a stand-out working culture and work environment, and offering staff a holistic package of perks and rewards is only the first step, however. Finding innovative, bold, and creative ways to communicate this externally (and through internal channels) is key – and should go beyond one-dimensional lists on websites and job descriptions.

Attracting The New Generation Of Legal Employees

It is a well-publicised fact that Generation Z, the youngest generation to approach the working world, will soon surpass Millennials as the most populous generation on earth. By 2030, this group will make up 30% of the workforce, bringing new demands, expectations, and priorities for employers to consider.

Often raised by innovative millennials, Gen Z is the most diverse and educated age group in the professional world today. Born into a connected, digital, and empathetic world they spend approximately half of their waking hours interacting with technology. Shaped by an era of social feeds and internet culture, the slew of powerful social justice movements they’ve witnessed in recent years have given them a unique sensibility and a strong stance regarding ethical business practices and equity.

Generation Z undoubtedly has several valuable characteristics to bring to the legal landscape, yet their approach to the workplace may cause certain challenges for business leaders as they aren’t motivated or moved by the same things as their millennial parents (we looked at some of these recently in our detailed guide on Motivating Gen Z Employees).

What has been already noted, however, is that this demographic cohort (known colloquially as ‘zoomers’) is emerging as the ‘sustainability generation’ – impacted massively by global events like the Pandemic which, according to Forbes, didn’t start the sustainability revolution necessarily, but certainly put it into overdrive (with Gen Z in the driver’s seat).

Attracting and retaining this generation will therefore need to focus on green and eco-credentials, and general CSR initiatives as part of a wider employment proposal that is demonstrably ethical, moral, and has a societal purpose. 

CSR & ESG – as easy as ABC?

Employer value propositions are evolving, due to shifting business priorities, working patterns, and employee values as well as external factors like the economy and political landscape. A focus on well-being and wellness initiatives, work-life balance, diversity, and inclusion are continuing themes setting value propositions apart across the legal landscape, alongside programmes and statements centred around Corporate Social Responsibility (CSR).

But with a new acronym on the block for Law Firms to get their heads around – ESG… it’s no wonder there is some confusion around where businesses should place their focus amidst this ‘alphabet soup’ of initiatives.

Corporate Social Responsibility (CSR) is a business approach designed around making a social impact and focus beyond profits. It is designed (or should be) to benefit society and the local community as well as the environment for the collective good – and in turn will also, by proxy, enhance the firm’s image, generate more business, and earn customer and employee loyalty.

It is generally split into 4 areas:

1. Environmental
2. Ethical
3. Philanthropic
4. Economic

All are aimed at providing benefits to both the general public as well as company shareholders and employees.

Environmental, Social, and Governance (ESG) isn’t quite the same – although according to a Harvard Law School study in 2021, both terms do appear interchangeable. Rather, this programme is more data driven, and increasingly  an act of corporate compliance; defined as ‘a set of standards measuring a business’s impact on society, the environment, and how transparent and accountable it is.’

In brief, the three areas or factors look at:

• Environmental – a firm’s impact on the environment, such as carbon emissions, waste management, and resource usage.
• Social – a firm’s impact on society, including issues such as labour practices, human rights, and engagement with the local community.
• Governance – a firm’s management and oversight, such as board and management structure, executive compensation and remuneration, and shareholder rights.

ESG has become increasingly important for investors and businesses as stakeholders demand greater accountability and transparency on sustainability and ethical issues. The key difference therefore compared to CSR, is that it is viewed as the outcome (measured and reported on) of a firm’s sustainability, whilst CSR focuses on a firm’s voluntary actions to improve its impact.

An even simpler comparison by Akepa:

• CSR: a general sustainability framework, mainly used by companies
• ESG: a measurable sustainability assessment, popular with investors

In Conclusion

As a Partner, Senior, or Hiring professional within a law firm, getting your head around the many acronyms and initiatives is the first hurdle in understanding the evolving values that current (and prospective) employees have when it comes to their employer.

Understanding what these shifting ideologies are is critical when it comes to retaining, engaging, and attracting talent  – although it is equally as important not to pay lip service or view things like your EVP as a box-ticking exercise.

What is clear, is that embracing CSR (Corporate Social Responsibility) has become a necessity for law firms around the globe, not least because it remains high on the agenda of both Millennials and Gen Z employees who are ever critical of their employer’s ethical stance, reputation in the market, and values that they hope will mirror their own.

In a LinkedIn News article from earlier this year, it was reported that these demographic cohorts actively consider “conscious quitting” if the company doesn’t align with their values. It also highlighted research from KMPG which stated that 46% of employees want their employer to ‘demonstrate a commitment to environmental, social and governance’, with 1 in 5 turning down the offer of a new role if they felt a disconnect.

Clayton Legal’s Commitment

Of course, CSR, ESG, EVP, and any other business-related acronym are not just relevant to the legal sector.

As a prominent Northwest employer that has been in business for nearly 25 years, we also recognise the importance of our own value proposition when it comes to our people and our community.

Our commitment to CSR can be seen here, where we detail our approach, programme, and statement of intent as we strive to become a socially responsible business, both internally and externally – making a positive impact on our people and workplace, our clients and suppliers, our local community, and our local and global environment.

The purpose of our programme is to sustain a business that is successful and respected in its ethical standing by our stakeholders. These include candidates, clients, investors, regulators, suppliers, and the wider community.

We are particularly passionate about supporting causes that have roots and impact here in the UK, and in the Northwest. One initiative that we have recently joined and committed to is Ecologi, a certified B-Corp social enterprise, and platform for Climate Action; helping individuals, families, and businesses become Climate Positive.

This market leader is certainly gaining traction and publicity, and we are delighted to join the other 40,000 members in taking simple, but impactful climate action. This year we have committed to fund the planting of trees in the UK for every placement we make and are also involved in the Beta trial to calculate our carbon footprint, and put plans in place to reduce our emissions.

You can see the impact of Ecologi’s work and their UK reforestation projects here.

In addition, Managing Director, Lynn Sedgwick and Performance and Development Director, Louise Kearns joined the Good Growth Programme in February this year, ran by Lancaster University and supported by Boost, Lancashire’s Business Growth Hub.

The 5-month Programme was underpinned by world-leading research produced by Lancaster University Management School and focused on business strategies that are centred around the environment, community, and social justice. It was a great chance to connect and collaborate with other SME leaders and contribute to solving local and global challenges.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals, and legal IT personnel to practice managers.

If you are building your legal team or looking for your next career move, we can help – whether that’s on a contingency or retained basis. Call us on 01772 259 121 or email us here.

Even after a tumultuous couple of years during and following the Covid-19 pandemic, 2023 also brings with it certain challenges for law firms.

Economic pressures, talent retention, and for many, adapting to the permanency of hybrid working are all factors that make business-as-usual still pretty unpredictable.

And, as well as a necessary focus on retention and recruitment of employees, law firms will no doubt be conscious of their business strategy, growth plans, and the retention of their client base.

It goes without saying that earning a client’s trust is paramount to the success of your law firm.

Additionally, you work hard for your clients and to maintain and build your legal professionalism. Retaining clients and your place in the legal marketplace requires strategies to help build relationships and keep those clients coming back to you as their firm of choice.

Client retention means you can avoid spending a lot of valuable time in marketing your law firm to earn new business. Also, happy clients who return to your firm may even provide a lead to additional work if they recommend you to others in their network. This can be a huge boost, especially if they have wide-reaching connections.

So, how can you help retain those valuable clients and increase your repeat business, thus placing yourself well ahead of the pack with a continued focus on growth? Here are our five top tips that could accelerate retention levels and see your firm’s reputation rise.

1. Communicate

How often do you hear clients complaining that their solicitor doesn’t return their calls, or that they don’t know where things are up to in their case?

Your clients want to feel valued, and it’s easy to make them believe their business is important to you. Start by returning their phone calls or emails. You can delegate some of this work if necessary, but if correspondence requires your personal attention – make the time to address it. This could be as simple as setting aside a specific time each day and blocking off your diary to give you space without interruption to answer clients’ questions.

2. Be Honest

Things don’t always go to plan. It’s critical for your legal team to be able to handle bad news, as well as good, and deal with unexpected results.

Therefore, it’s vital to be clear with your client that you can’t guarantee results. Managing potential outcomes can be tricky, but preparing your client from the start will make results easier to handle.

Remember that your clients have come to you at a time that they need assistance – it could be any one of several challenging issues in their personal or professional lives, and they will want to hear positive news from you.

But honesty is essential. Don’t be tempted to give false hope and be clear that there may be problems or even a negative outcome if you believe this to be the case.

It’s also essential, to be honest about your performance as a provider of legal services. For example, if you are late with documents, admit it. If a client discovers you were untruthful about a small issue like late documents, they will doubt you over more significant issues. Aim to protect your firm’s integrity in all circumstances.

3. Bill Clients Accurately

Overbilling or charging in a way that was not clearly demonstrated initially to the client will not help establish your firm’s professionalism.

Therefore, invoices should always correctly reflect the work done. Time tracking and billing software can help your firm create accurate bills, avoiding unhappy clients who believe they have been overcharged, and resulting in faster payments and higher levels of customer confidence in your firm.

Additionally, you may wish to offer various billing options such as fixed fee, hourly billing or flat fees for services – clients have different preferences, and to keep ahead of the pack it’s a good idea to consider offering different options. Being agile in this way could be the difference between keeping and losing a client.

4. Remain Professional

Of course, the most critical aspect of retaining clients and gaining market position is to complete the legal work you have taken on; providing services that are effective and offer value to your clients.

Meeting deadlines, employing skilled solicitors, and handling cases efficiently will ensure clients recognise your professionalism and return to use your services again – as well as recommend you to others.

Equally pivotal to ensuring your law firm remains relevant is to keep all your employee’s certifications up to date, and make sure you stay informed about legal changes and court decisions.

5. Consider Diversifying

It may seem a bold move, but diversification can give you an advantage over competitors and place you ahead of the curve. Addressing the ‘where’ and ‘how’ to scale your law firm should be considered carefully and will be dependent on your current position – both geographically and in terms of client base and marketplace.

Dramatic strategy changes may seem radical, and remaining credible is paramount, so you may wish to consider small steps if looking to increase your service offer. If you choose to consider this route, a good place to start is by re-examining your strategic plan to highlight areas you could develop as well as ensure you are on the right track for success.

Following these top tips will help you create better client retention, enhance your reputation and keep you one step ahead of the competition in a crowded legal marketplace.

Next Steps

If you’re reading this article because you are looking to develop your legal team, we’d love to be part of that conversation.

Don’t hesitate to call one of our regional or practice area specialists on 01772 259 121.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals, and legal IT personnel to practice managers.

If you are building your legal team or looking for your next career move, we can help. Call us on 01772 259 121 or email us here.

If you would like to know more about recruiting trends in the legal sector this year, download our latest Salary Survey & Market Insights Report Here.

The average time it takes to hire a legal candidate is increasing.

According to a recent post from LinkedIn, it can take more than forty days for a hiring manager to find and make an offer to the right employee. While part of this problem may be attributed to skill shortages in the legal sector, there’s a larger underlying issue.

Law firms are taking too long to make decisions.

While it’s important to be cautious when choosing the right employee to bring onto your team, a slow hiring process can have a number of negative repercussions. As competition for legal talent in the legal industry grows, taking too long to select a candidate could/will mean you miss out.

At the same time, there’s a risk you could end up impacting your employer brand, prompting future candidates to avoid applying for your roles.

Remember candidates talk to each other and especially online.

So let’s talk about why hiring faster is a good idea.

Hiring Fast vs Hiring Slow: Why Speed Wins

The best legal candidates are always highly coveted and receive multiple offers from a variety of different employers. If you’re not fast to act, the chances of losing your ideal employee are higher than ever.

As a legal recruiter, we can only do so much to persuade candidates to wait.

Recruiting faster doesn’t mean abandoning your standards when choosing the correct candidate. Instead, it means reworking your process so you can make intelligent decisions quickly.

Here are some of the reasons why law firms need to increase the speed of their hiring strategy if they want to remain competitive.

1. Increases Your Chances of Securing the Right Legal Talent

The hiring marketplace has changed drastically in the last three years. Today’s legal employees don’t have time to wait around for an employer to offer them a role. More importantly, they usually don’t have to. Even if you don’t offer a role to a candidate straight away, there’s a good chance another firm will.

Making slow decisions about who to bring onto your team doesn’t necessarily improve your chances of getting a high-quality candidate. While you’re busy consulting with your recruitment team about whom to hire, your ideal candidate is already looking for alternative roles.

The longer you take to decide, the more chance you have of someone else swooping in and recruiting your top choice. This could mean you need to settle for a less-than-ideal alternative, just so you can fill the gap in your legal team.

2. Better Existing Employee Experiences

A slow hiring process isn’t just a problem for future employees, it can cause issues with your current workforce too. When positions go unfilled for too long in a firm, many leaders need to distribute the tasks associated with those roles to other team members, to fill the gaps.

This means staff ends up focusing more of their time on projects and initiatives not included within their general job description. This can increase your risk of burnout and overwhelm, and even encourage employees to start searching for new roles too.

Placing more strain on your existing team also means they’re more likely to be prone to making mistakes in their day-to-day work. Overwhelmed staff need to rush through tasks, rather than giving each job their direct focus.

3. Enhanced Candidate Experiences

Legal professionals are no longer just searching for great salary options and benefits when it comes to their job search. Amongst other things (and there is quite a list these days) they’re also looking for evidence their employer will treat them with empathy and respect. This means the candidate experience has become more important than ever to firms in search of new legal talent. Fail to deliver a good experience, and you’ll miss out on future opportunities.

A speedy hiring process delivers a better all-around experience for your candidates, showing them, you respect their needs.

The faster you provide your candidates with an offer, the more likely they are to feel committed to your brand and their role within your firm. The longer your hiring process takes, the more your new team members are likely to lose their enthusiasm about their new role.

Ethical recruitment (something we’ve looked at recently) means in simple terms, doing the right thing – always. This should be the very foundation and principles on which your hiring activity is built.

4. Improved Employer Brand and EVP

Ensuring you can attract and retain the best quality legal talent in the current market requires significant effort. You need to ensure you’re promoting an employer brand that convinces legal candidates you have the right opportunities to offer.

Your employer brand is influenced by everything you do when interacting with both your existing employees and future staff. This means if your candidate experience is poor, due to a long recruitment time and lack of communication, you could risk scaring off new employees. In fact, around 43% of job-seekers say they might even write a negative review about an employer when the hiring process takes too long.

Committing to quickly providing your candidates with insights into the success of their interview, and making decisions fast about who to hire will ensure you stand out in the legal sector.

Speed Up Your Hiring Process

The best candidates in the current legal landscape won’t wait around for a long hiring process. And it goes without saying that the more in demand they are, the more options will be open to them when it comes to choosing where to make that next move.

If you can’t act quickly to secure the best for your firm, simply put – you’ll miss out.

Recruiting faster doesn’t have to mean lowering your standards, but it could mean looking for ways to optimise your hiring process.

And, whilst time may be of the essence, it’s equally as important not to make any rash decisions or rush into a decision that could ultimately come back to bite you. After all, there is a significant commercial cost of a bad hire too.

Working with a legal recruitment agency can help to focus your activity – helping to source, and shortlist candidates faster, so you can get the right talent quickly  – whilst also ensuring that no balls get dropped along the way in ensuring that the candidates that are presented to you are still the right ‘fit’ for your firm.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviablese reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals, and legal IT personnel to practice managers.

If you are building your legal team or looking for your next career move, we can help.

Call us on 01772 259 121 or get in touch with us here

It’s no secret that modern-day life has us spending a large chunk of our waking hours seated at a desk. In fact, a staggering 90,000 hours of our lifetime is spent at work – using a computer or working with other office equipment. But, did you know that our work environment can greatly impact our physical and mental well-being?

With most office jobs requiring prolonged periods of computer and equipment use, it’s no wonder that work-related injuries, especially repetitive strain injuries, are a leading cause of medical leave. That is why the need for an ergonomically correct office is important. Ergonomics is a modern word coined from two Greek words – Ergon, meaning work, and nomoi, meaning natural laws. The goal of office ergonomics is to design your office workstation in such a way that it fits you and allows for a comfortable working environment for maximum productivity and efficiency. In fact, according to the Thesaurus dictionary, office ergonomics is synonymous with workplace efficiency and user-friendly systems. A workspace designed with ergonomics in mind can significantly reduce the risk of physical pain and discomfort, such as back strains and repetitive strain injuries. Not to mention, it can also alleviate common issues like eye strain and headaches caused by improper lighting and screen placement.

But, it’s not just about physical comfort. An ergonomic work environment can greatly improve an employee’s mental well-being. By reducing stress and promoting concentration, employees can flourish in a workspace that supports their work. This leads to greater job satisfaction, a reduction in anxiety, and a more positive state of mind. When employees feel their physical needs are met, they are more likely to feel valued by their employer, leading to a stronger emotional connection to the firm and a greater sense of commitment.

Employers can also demonstrate their commitment to their employee’s health and well-being by providing ergonomic equipment and promoting healthy work practices. Some employers even go ahead to conduct their own DSE Risk Assessments. A DSE Risk Assessment includes a checklist of all aspects of the office station. This can create a positive and supportive workplace culture, resulting in a more motivated and engaged workforce, and reduced turnover, and absenteeism.

So, how do you create a more ergonomic work environment in your firm?

You may want to start by doing the following:

Proper chair selection: Ensure that chairs have adjustable features such as height, tilt, and armrests to allow employees to find a comfortable position. An ergonomic chair provides support for your lower back, hips, and legs. It should be adjustable to fit your body and provide proper posture when sitting.

Desk height: There is also the option of a treadmill/walking desk as a 2023 article from Irish Examiner has stated that sitting for eight or more hours per day can be linked to a 20% higher risk of getting heart disease or dying from any cause, compared to those who sat for half that time.

Keyboard and mouse: Ensure that keyboards and mouse are positioned at a comfortable distance and height, and that wrist pads are provided to reduce pressure on the wrist. Your keyboard and mouse should be positioned directly in front of you and close to your body, to minimize awkward reaching and twisting. Additionally, a wrist rest can help reduce the strain on your wrists and forearms.

Monitor placement: Make sure that monitors are placed at eye level to reduce neck strain and are positioned at a comfortable distance from the user. Your monitor should be positioned directly in front of you, at a comfortable distance and height. The top of the screen should be at or slightly below eye level, and the screen should be large enough to allow you to read the text without straining your eyes.

Lighting: Adequate lighting is important for reducing eye strain and creating a comfortable work environment. Place your desk near a window or invest in a task light if needed.

Exercise and screen breaks:

If you have employees or you yourself work from home – even on a hybrid basis, you can also benefit from an ergonomically compliant space and there are a wealth of resources online that provide further tips and guidelines for the home office. This could mean creating a designated workspace, taking regular breaks, and establishing a fixed work schedule.

Ultimately, incorporating ergonomic principles in the workspace can bring immense benefits to both employees and your firm. By creating a workspace that prioritizes comfort and safety, employees are more likely to experience reduced stress levels, improved posture, and a decrease in workplace injuries.

As discussed in our recent blog, this investment in their well-being will speak volumes about the company’s commitment to their employees and contribute to a stronger employer value proposition (EVP), which encompasses all elements of the employment experience, including the physical work environment.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals, and legal IT personnel to practice managers.

If you are building your legal team or looking for your next career move, we can help.

Call us on 01772 259 121 or get in touch with us here .

If you are responsible for hiring within your law firm – either wholly, or as part of your role as a practicing lawyer, one of the choices you have as part of your hiring strategy is whether you go it alone, or enlist the services of a recruitment specialist.

This decision may be based on a number of variables including £budget, speed (the need to get the position filled quickly), and the potential scarcity in the market of the hire(s) in question.

External factors may also impact the decision. The current market, still impacted by headwinds from the pandemic, is undeniably tough as we enter a new year against a backdrop of economic uncertainty and a much-publicised skills shortage. Attracting (and then retaining) talent can be arduous at the best of times, but balancing squeezed budgets, keeping existing staff engaged, and still focusing on growth and expansion is certainly a big ask for law firms who also have the ‘day job’ to do.

Why Choose a Recruitment Partner?

Utilising a sector-specialist recruitment agency will undoubtedly give firms a head start with their hiring campaigns – not only providing general market insight and that helicopter view of the hiring landscape, but also the inside track on movement and access to talent pools of active and passive legal professionals.

Consultants at recruitment firms are just that… able to provide consultative, practical advice on things like the fillability of roles, salary benchmarking, and insight into requirements and drivers of job seekers in the current climate.

They are also best placed to really ‘sell’ your firm and elevate your roles through strategic marketing, advertising, and tapping into the passive talent within their own networks.

In short, it makes absolute commercial sense to bring in the experts when the hiring landscape remains complex, and the candidate, at least for now, is King.

Then again, we would say that…

And once you have decided to partner with a recruitment specialist, the selection process and identifying the right one also needs some careful consideration.

Can’t See the Wood For the Trees?

Choosing the right legal recruitment partner can be a daunting task, especially when there are so many options available. The key to selecting the right partner is to carefully evaluate all of the factors that they bring to the table. A legal recruitment expert has the potential to save firms time, money, and headaches in the search for legal talent. However, the success of your new strategy will depend on your ability to choose the most suitable company for your firm.

You may look at things such as their own longevity (and success) in the market, their brand presence and digital footprint, and whether they are a specialist (and knowledgeable) about your practice area(s) or region in which you operate.

You may also look at the specifics of the services on offer – although this may not always be apparent from a quick glance at the website.

But understanding the recruitment model and service(s) adopted and on offer by the firm is imperative in the decision-making process. Therefore your assessment and due diligence period should always take heed of the specific framework or model that agency subscribes to.

This Way, Or That?

Whilst there are sometimes grey areas and nuances, generally speaking, most recruitment firms will offer either one or two services to their client base.

And, whilst on the face of it, the differences are largely focused on the payment structure and agreement between recruiter and client, the underlying recruitment approach is usually very different.

Contingency

Contingency recruitment in simple terms works on a ‘no win, no fee’ basis, whereby the client only pays a fee for the successful placement of a candidate – usually when that individual starts in their new role.

This tends to be the prevailing model of recruitment in most industries and is often used for entry-level or mid-level positions where the recruiter is likely to have a larger pool of candidates to choose from, and where there is general availability of the required skills in the marketplace.

A standard service offered by recruitment agencies, it gives firms access to the agency’s own extensive network of pre-screened candidates; saving time and allowing a shortlist to be drawn up together, quickly, in line with your instructions.

Retained

Retained recruitment refers to the type of recruitment in which the agency is paid a partial fee from the client before the process begins, with the remainder paid upon the successful placement of a candidate into that role.

Typically suitable for executive-level hires, or where there is a scarcity of candidates on the active market, this model often means the agency will enter an exclusive partnership with the client who will help to map the market and help to set goals and milestones on how the search will be conducted.

Retained – More Than Just The Upfront Fee?

Whilst on the face of it, retained recruitment services seem more expensive as there is an upfront fee to pay, regardless of the outcome – there is often much more to this methodology than just the payment structure and T&Cs.

This model is often more rigorous in nature and may include additional features such as:

• Bespoke market mapping
• Salary benchmarking intel
• Psychometric testing
• Video interviews and candidate profiling
• Dedicated Account Manager or team of specialist consultants<
• Regular face-to-face updates and reporting/analysis
• Strategic headhunting
• Integrated marketing campaigns including advertising

This is more often than not, a fully-tailored recruitment solution where the agency and consultants will work closely with the hiring team – covering all areas of the active and passive market in a wider, more detailed search.

Is Retained Right For Me?

There are pros and cons of going down the contingency or retained route – and ultimately, it will once again come down to:

• Scarcity of candidates in the market for the role in question
• The need to recruit quickly (and impact on the bottom line of that role not being filled)
• The need to access resources you don’t have yourself
• Budget
• Complexity of the hiring project (volume, seniority, location, relocation, etc)

Retained recruitment can offer certain benefits over contingency including:

• Access to a wider pool of talent – tapping into passive networks who may not be actively looking for a role (and therefore arguably not being targeted by other law firms also hiring in the same practice area or region)
• Time-saving – the agency takes care of the entire recruitment process, including sourcing, screening, interviewing, and providing detailed shortlists for the client. For time-short individuals in the legal sector – this is often a driving force to outsource in the first place.
• Cost effective – whilst retained recruitment may involve an upfront fee, it is often seen as more cost-effective in the long run because the agency in question has the expertise and resources to identify the best candidates that are the right ‘fit’ first time for the client. This reduces the risk of a bad hire(and the financial implications that come with that).
• Increased retention rates – identification, and then a successful placement, of a ‘right fit’ candidate that aligns with the law firm’s culture and values on a deeper level than qualifications and experience, ultimately impacts retention rates and reduced turnover.
• Professional expertise – a good recruitment specialist, especially those with longevity (and a good reputation) in the market can provide guidance on a consultative basis on recruitment strategies, market trends, and best practice – helping the firm make informed decisions, and moving the whole process on from a simple transactional service

In Conclusion

Retained recruitment and contingency recruitment are two different approaches to hiring – but both may be considered as viable solutions based on your hiring strategy, budget, timescales, and the type of role(s) in question.

Whichever route you choose (which may be a hybrid of the two if the agency offers both services), working with a recruitment specialist that shares your values can help to elevate your business, brand, and roles.

The recruitment process for many businesses can be overwhelming, time-consuming, and costly. Add in the tail end of a pandemic, economic uncertainty, and political instability, and the process soon becomes a minefield.

Yet the objectives remain the same for those responsible for hiring within their law firm – retain, engage, and motivate their existing people, and attract top talent in line with growth and business objectives.

Selecting a recruitment partner that addresses those goals and is mindful of things like ethical recruitment practices – abiding by the highest standards of professionalism, fairness, and transparency, is essential.

And as long as those boxes are ticked…arguably you’re already on the road to success, whichever route you then go on to choose.

Our Services

At Clayton Legal, we offer a number of different services to suit the various (and changing) requirements of our diverse client base.

The services we offer very much start with the specific requirements, hiring strategy, business objectives, and budget, and include a standard contingency service as well as a retained and RPO service offering.

We work at all times with our client’s objectives in mind – to deliver the people they need, swiftly, that are the right fit, first time.

Click here for more information on our range of services, and information on how to get in touch if you would like a more informed discussion about how we can help with your current recruitment project.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals, and legal IT personnel to practice managers.

If you are building your legal team or looking for your next career move, we can help – whether that’s on a contingency or retained basis.

Call us on 01772 259 121 or get in touch with us here .

The world of work is still undergoing seismic changes – in part due to the long-tail impact of the 2020/21 pandemic, as well as in response to more recent influences like the economic crisis in the UK and overseas. Legacy business practices have been put to the test, and whilst digital transformation has continued to accelerate at breakneck speed, some businesses are only now stopping to catch their breath and take stock.

One topic that continues to make headlines globally however is around ‘flexibility’ – still the most requested ‘benefit’ by job seekers who are rejecting a return to a hustle culture and supposed burnout.

The latest Work Trend Index Report by Microsoft, published late last year spotlights the topic, and claims that even though we are now many months into hybrid work, not everyone agrees on how it’s going. And whilst employees are (on the whole) embracing greater flexibility and the benefits that come with that, business leaders are having to find the balance between remaining competitive as an employer, with rising inflation, budgetary constraints, and a dispersed workforce.

Will we see a mass return to the office?

A recent survey by Slack stated that only 12% of people would actively choose to return to an office setting on a full-time basis. Yet, 50% of leaders are ‘demanding’ employees return to the fold – an approach that experts are saying could have serious ramifications for businesses that don’t offer some level of flexibility; instead impacting retention and creating flight risks that companies can ill-afford in the current market.

Nevertheless, global giants at Disney, Tesla, and Goldman Sachs have hit the headlines for vocally turning their back on remote or even hybrid working arrangements – instead insisting employees benefit from face-to-face contact with their peers, especially when it comes to collaboration and creativity.

This post-pandemic push to get people back into the office has also been adopted by other global businesses including Starbucks, Twitter, and KMPG. Yet, the supposed advantages of hybrid working arrangements continue to be analysed and pored over, with indications that this working arrangement can positively impact work-life balance, and productivity, mitigate burnout, and improve personal well-being.

For the time being it seems, there is an increasing mismatch between what employees want, and what employers are prepared to offer.

Is hybrid here to stay?

There is no doubt that the increase in remote, hybrid, and flexible working patterns has necessitated a shift in how companies operate. From having to invest in technology to support a separated workforce to contemplating (and analysing) the subsequent impact on things like collaboration, productivity, staff engagement, and culture. The road, whilst already well-trodden, is still relatively unknown as many still consider the permanency of such working arrangements.

Paul Lewis (CEO of job advertising company, Adzuna) states in a recent article in Forbes, that employers are becoming more polarised in their approach to flexible working. And whilst there is certainly one camp that has reversed any such arrangement at full throttle, others continue to see the benefit of offering flexibility (be that remote or hybrid) as a tactic to attract new (and much-needed) talent.

The hybrid dichotomy

There are evidently both challenges and opportunities of hybrid working that professional services continue to pore over as we enter a new year, not least against a backdrop of talent and skill shortages impacting general recruitment and retention of staff.

According to research by global analytic consultants, Gallup, benefits include more autonomy, less burnout, higher productivity, and a perceived improvement in work-life balance. Yet, the research also highlighted that employees noted hybrid arrangements led to decreased collaboration, access to resources, disruption to processes, and less connection to the business ‘culture’.

It is certainly an ongoing challenge for businesses to balance employee interests against general business performance – remembering as always, the needs of the end customer and if those continue to be met as the workplace continues to evolve.

The most recent Work Trend Index Report by Microsoft highlights research where over 20,000 people in 11 countries were interviewed and analysed alongside labour market trends. The key findings (presented last September), and subsequent recommendations to business leaders were:

‘End productivity paranoia’

• Whilst managers may be worried about the general productivity of employees, not in the office, 87% reported that they are more productive. This is then backed up with Microsoft 365 data and productivity signals including meeting invites, multi-tasking (sending emails in meetings), and tracked activity.
• Yet, as some businesses install tracking technology to measure productivity signals themselves, many employees are left feeling like they aren’t being trusted. This can, according to the report, then lead to digital overwhelm where employees feel the need to ‘prove’ they are working…possibly out of normal work hours.

‘Embrace the fact that people come in for other people’

• Research at this juncture indicates that the desire to return to the office environment, even on a hybrid basis, is down to people missing the social interaction and connection with their peers. Therefore ‘rebuilding social capital can be a powerful lever for bringing people back to the office’.
• Digital communication tools are as important as ever to allow employees to connect with each other and with the business leaders.

‘Re-recruit your employees’

• Despite the choppy waters of the economic and political landscape that arguably make job seekers more cautious, employers should still be mindful of staff retention…even if they aren’t actively recruiting or on a growth trajectory themselves.
• There should therefore be a focus on re-energising and re-engaging existing staff members who according to the research are still ‘turning to job-hopping, the creator economy, side hustles, and entrepreneurship to achieve their career goals’.
• This includes providing genuine growth and career progression opportunities, training, and development support

Let’s Talk About Flex

In our blog 12 months ago, we looked at definitions of the various flexible working models at the time – centred around what was coined ‘home, hybrid, or hub (office)’. And, whilst these are still as relevant today, the models themselves continue to evolve and adapt – both to the needs and desires of employers and employees and also in relation to external factors and the socio-economic landscape.

Other nuances include:

Flexi

• the employee has the freedom to pick exactly where and when they work….not limited necessarily to the home or the office

Office-First

• employee spends the majority of time in the office, and less remotely

Remote-First

• employee spends the majority of time working remotely, and less in the office

Fixed

• the employee has a set working pattern for days in the office and days at home/remotely

Compressed

• depending on the needs of the business this may include full-time hours worked across a shorter amount of days e.g nine longer days instead of ten – giving employees flexibility without losing capacity

Annualised Hours

• the employee has to work an agreed amount of time over the year, but (aside from core hours) has flexibility around when they work based on extra demand

Four-Day Forecast

As well as the ongoing rumblings around flexi-, hybrid-, agile-, and remote-working, there is also a renewed focus on the ‘4-day week’ – not least because of the pilot programme that launched in the UK last year, which has just published its initial results (based on data from US, Australian, and Irish businesses in the first phase of the trial).

The programme, the brainchild of the not-for-profit ‘4 Day Week Global’ founded by Andrew Barnes and Charlotte Lockhart, advocates investment in the transition to reducing working hours; a ‘business improvement strategy centred on working smarter rather than longer’, and investing in the wellbeing of a business’s employees. Notably, the trial is based on a so-called ‘100-80-100 model’ = ‘100% of the pay, 80% of the time, but critically in exchange for 100% of the productivity’.

The notion of a shorter week had already been gaining traction in recent years, and as the pandemic forced through many changes in the workplace, a more formal approach was taken in 2022 with the world’s first coordinated trial and large-scale independent research into the impacts of a 4 day week.

The results, published last November, hail the pilot a resounding success on nearly all fronts with participating businesses reporting increased revenue, reduced absenteeism and resignations as well as a general increase in staff engagement and satisfaction in their roles. None of the businesses who took part in the trial will return to a 5-day week.

With pilots now taking place across the globe including the UK, South Africa, and Canada, it certainly seems many businesses are at least open to the idea of a seismic shift to the working week as we know it – but only, of course, if the numbers stack up.

In Conclusion

The pandemic of 2020/21 certainly accelerated substantial changes to working patterns and behaviours – shaking up when, where, and how individuals operated. It seems that in this sense, we are still in somewhat of a state of flux as businesses contend with economic instability, rising costs, declining staff retention, and a skills shortage impacting recruitment.

Yet the cards, arguably, are still being held by employees who remain resolute that flexibility (in whatever form) is a leading factor in decisions around if they stay, or if they go (and indeed, where they go next).

It is certainly true that there is no one-size-fits-all solution for employers as they continue to navigate these choppy waters, yet the narrative (at the moment at least) certainly predicts that flexibility isn’t a fad…rather, it’s the future.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals and legal IT personnel to practice managers.

If you are building your legal team or looking for your next career move, we can help. Call us on 01772 259 121 or email us here.