Bonnie Elster of Clark Wilson LLP with associates (from left) Veronica P. Franco, Warren G. Brazier, Amy A. Mortimore, Adam I.  Zasada, and Keri T. Grenier, photo by Alistair Eagle Click here to see full sized version.

A U.S.-based survey of the legal profession recently found that while law firms expected their associates to have advanced client development skills, 57 per cent of firms failed to provide them with the training that they would need to possess these skills.

This survey, conducted by the LawMarketing Portal and Sage Professional Development Institute, included respondents from Canada, Mexico, the U.K., Australia and the U.S. And it covered the entire gamut of firms — from solo practices to a firm with a whopping 2,500 lawyers.

The results raise the concern: Are firms in Canada expecting their associates to play too much of a role in growing their business and acquiring clients without providing the necessary training?
The practice of law has become increasingly competitive; the client is getting more sophisticated and demanding; the bar is going up. Now the need for associates to bring in business is imperative for most practices to succeed.

“The marketplace has changed significantly,” said Bonnie Elster, a partner with the British Columbia-based Clark Wilson LLP. “Since our associates are all coming out with the same legal skills, we need that much more to satisfy clients.”

Elster said there can’t be expectations placed on associates without having the right training. Her firm sees it as its responsibility, and to that end, “We have a skills training program in place as part and parcel of our obligation to associates,” she said.

“Successful firms are figuring out client needs even the client didn’t know [about] and the complacent law firm is going to lose its shirt,” said Gerry Riskin, a Canadian lawyer and co-founder of The Edge Group, which specializes in law firm management. He concurs that expectations are too high and associates need training.

“Associates are coming in with no client development skills and learning by the seat of their pants,” Riskin explained. His company helps lawyers learn how to acquire skills that range from how to listen to their clients needs to managing client expectations. “For instance, most lawyers are petrified at the thought of asking a client for referrals; they don’t want to act inappropriately. When it comes to referrals, Riskin can help lawyers to ask while maintaining their dignity and without looking hungry.

“Preparation for asking for referrals is behavioural (i.e., how do I raise this comfortably) and takes practice.  Strategically, the lawyer needs to identify a reason for seeking the referral that is true and will make sense to the client.  Such a reason goes well beyond mere hunger for more work, or worse, pure greed for more fees.

For example, a lawyer may indicate to a client she particularly enjoys work for the client’s industry sector and would enjoy concentrating her practice more in that direction. She might even add that the firm is gearing up for more capacity in the area (specialists/additional lawyers). 

Accordingly, she might indicate that she would be particularly grateful if an introduction could be made to “X” or at the least that she be kept in mind if the client knows of a member of the relevant trade association which is facing challenges similar to the client’s.  She will then go on to make it clear to the client how such a referral would actually be made,” Riskin said.

Unless lawyers have practised for a few years, they haven’t a context to use business skills such as those pertaining to billing and retainers. “Most associates think that when you bill, the client just pays,” said Riskin. “They don’t know what a sand trap is; they are just walking on the green behind Tiger Woods.”

But the good news is that, according to Riskin, lawyers are the easiest of professionals to train. “It is a joy to watch associates acquire skills because the law teaches you to grasp concepts and so they get it fast,” he said.

The key is to practise, just like any skill. In a perfect world, Riskin advises that associates attend education programs. “Take a golfing lesson; you are already on the golf course,” he said. Failing that, there are many books on the subject. 

An important factor of the training program is evaluation. Elster asks associates for continual feedback but this isn’t an easy task. “The business of law is very demanding and it is one more demand on their non-billable time,” she says.” But overall, associates realize it is time well-spent and recognize they need the training.”

Thelma O’Grady is manager of professional development at Bull, Housser & Tupper LLP in Vancouver and former director of programs at CLE in British Columbia. “Associates were fearful about asking how they were supposed to bring new clients to the firm,” she said, “so I developed a training program around business development with the full support of the executive.” O’Grady had an outside speaker help create a business plan and she created sessions where partners and senior associates speak individually about what they do.

According to O’Grady, the big firms have been thinking about formal training for the past decade. “Now there are about eight firms in Vancouver that have hired full- or part-time professional developers,” she added.

As well, O’Grady has formed a loose-knit organization called The Professional Development Network.  “About 20 people from other law firms get together four to six times a year to discuss issues and share ideas.”

O’Grady believes that the U.S. surveys are a message to firms to recruit and maintain good talent, “Because good associates will go where they get good training and we want to keep them in the firm.”

Associate training is a win-win opportunity for all. And in the end, clients will be happier, which in turn produces more revenue!