In the previous lesson on post-pandemic leadership challenges, we applied the lean principles to "Work From Home." We noted that all legal work should be in service of the assignment, and so the task at hand should decide where to do the work. We called this "Project-led WFH."

At a time when law firms are uncertain about WFH and other policies, and how to handle their messaging, this is a good time to examine what law firms ask their attorneys to do:

  1. Make Money: Record your hours, get your bills out and get them paid. When demand goes up and talent wars break out, firms ask their attorneys to make hay. Come the downturn and the fear of recession, firms lay off the lawyers. What's the constant? Demand is variable, attorneys are expendable, but billing pressure is relentless.
  2. Don't leave: If we have work, and you're making money for us, don't leave. That is, until things change and we ask you to go, in which case so long and be gone.
  3. Follow the rules: Yes, we want you to get onto execution and start billing, but just remember there are procedures and protocols around client intake and conflicts. Jump through those hoops, and then have at it. Which leads to …
  4. Don't screw up: Don't blow deadlines or make dumb mistakes, because that stuff makes the bill uncollectable, and leads to expensive lawsuits and even bigger insurance premiums. Lastly, a new post-pandemic request:
  5. Come to the office: We need you to come back, for culture building, collaboration and mentoring. We also want to create a sense of belonging, so folks stop leaving. Even if it's a hybrid schedule, unrelated to the task of the day, come in anyway.

There is nothing intrinsically wrong in any of these requests. Framed correctly, they are all legitimate. So why are malpractice claims increasing in frequency and severity, why are clients unhappy and why are lawyers leaving the profession in droves? To understand this, we need to consider what law firms are not asking of their attorneys.

Once again, it's helpful to look at the challenges of law firm leadership through the prism of Lean Adviser. Here is our list of what law firms commonly fail to ask of their attorneys:

  • Specialize in your clients, not just their sector.
  • Before you take on a new assignment, make sure you understand and record the full context and the agreed scope.
  • Let the task at hand decide where you work — be it from home, the office or offsite.
  • Make loss prevention part of the daily execution of tasks.
  • Make realistic promises and reasonable demands.
  • Be reliable; just do what you say you're going to do. Remember reliability is a safety superpower.

And lastly, don't forget to ask:

  • How can we help you, or equip you to do the job better?
  • How are you coping, are you feeling burnt out?