How to Avoid Attrition
Five ways to ensure that diverse lawyers won't leave.
November 30, 2010 at 07:00 PM
7 minute read
Large law firms struggle to retain diverse associates. A cursory review of “big law” retention data or the anecdotal observations of anyone who works in or interacts with a large firm bears out this reality. While most law firms don't typically struggle to recruit diverse lawyers, retaining those high potentials is another matter. According to National Association for Law Placement (NALP) data, though women make up roughly half of new law school graduates, more than two-thirds of all female associates leave major firms by the fifth year. Minority associates in the aggregate don't fare much better, often never reaching the senior associate level and hence a partnership vote.
Why should we care? Every time we hire a law firm, we make an investment in its human capital. Invariably, we pay firms so that its young talent can learn our company's business, its processes and personnel to better protect our interests. This investment not only enables legal problem solving in the instant matter, but may also be leveraged in future matters. All firms promise their clients the benefits of a long-term relationship that builds on past work. But how can long-term “relationship building” occur when a firm can't retain the associates? It can't.
So, I came up with some suggestions for associate retention to pass on to your law firms. I call them the “Top 5 Ways to Ensure that your Firm's Diverse Lawyers Won't Leave.”
First, make personal investments. We all look for signs that our contributions are valued and that we have a future within our organizations. The young diverse lawyers are reading the “tea leaves” to determine what unspoken impressions have been formed about them. Spend time getting to know your firm's diverse lawyers' career ambitions and interests, and explore how the firm might help with their developmental needs. Leverage the firm's collective influence to identify community volunteer, bar leadership and internal firm leadership opportunities.
Second, capitalize on their affinity contacts. Along with their educational credentials, diverse lawyers bring a rich tapestry of contacts, life experiences, cultural insights and perspectives that might be leveraged to drive firm objectives. Therefore, involve diverse lawyers in critical strategic planning discussions.
Third, give them opportunities for “heroism.” Through rigorous recruiting and hiring standards, big firms have hired the best and the brightest diverse lawyers available. There must be a focus on return on that investment by purposefully ensuring that they have work that is challenging. This will communicate to diverse talent that the firm is willing to give them a “shot” at the work upon which professional reputations are built. When an act of heroism occurs, be sure to recognize and celebrate it.
Fourth, give hard, honest, constructive feedback. Potential is realized not just through hard work, but also through feedback. All attorneys need this feedback to improve. It tells the firm whether the young lawyer is teachable. It tells the young lawyers that the firm wants them to develop. It builds bridges for dialogue on important issues. So, establish a rapport and then give the gift of candor regularly.
Fifth, debrief departing diverse associates. When diverse lawyers leave (even on good terms), perceptions that are not necessarily apparent to management can be shared. Feedback drives cultural change in the firm. Unfortunately, many firms do little in the way of debriefing exiting diverse lawyers. The exit interview is usually done by a nonlawyer administrator rather than the senior lawyers with whom the departing associate worked. Thus, the firm continues to make the same mistakes, and retention opportunities for future diverse lawyers are lost.
Working together, we can build a robust and diverse pipeline of skilled lawyers to support our companies.
Large law firms struggle to retain diverse associates. A cursory review of “big law” retention data or the anecdotal observations of anyone who works in or interacts with a large firm bears out this reality. While most law firms don't typically struggle to recruit diverse lawyers, retaining those high potentials is another matter. According to National Association for Law Placement (NALP) data, though women make up roughly half of new law school graduates, more than two-thirds of all female associates leave major firms by the fifth year. Minority associates in the aggregate don't fare much better, often never reaching the senior associate level and hence a partnership vote.
Why should we care? Every time we hire a law firm, we make an investment in its human capital. Invariably, we pay firms so that its young talent can learn our company's business, its processes and personnel to better protect our interests. This investment not only enables legal problem solving in the instant matter, but may also be leveraged in future matters. All firms promise their clients the benefits of a long-term relationship that builds on past work. But how can long-term “relationship building” occur when a firm can't retain the associates? It can't.
So, I came up with some suggestions for associate retention to pass on to your law firms. I call them the “Top 5 Ways to Ensure that your Firm's Diverse Lawyers Won't Leave.”
First, make personal investments. We all look for signs that our contributions are valued and that we have a future within our organizations. The young diverse lawyers are reading the “tea leaves” to determine what unspoken impressions have been formed about them. Spend time getting to know your firm's diverse lawyers' career ambitions and interests, and explore how the firm might help with their developmental needs. Leverage the firm's collective influence to identify community volunteer, bar leadership and internal firm leadership opportunities.
Second, capitalize on their affinity contacts. Along with their educational credentials, diverse lawyers bring a rich tapestry of contacts, life experiences, cultural insights and perspectives that might be leveraged to drive firm objectives. Therefore, involve diverse lawyers in critical strategic planning discussions.
Third, give them opportunities for “heroism.” Through rigorous recruiting and hiring standards, big firms have hired the best and the brightest diverse lawyers available. There must be a focus on return on that investment by purposefully ensuring that they have work that is challenging. This will communicate to diverse talent that the firm is willing to give them a “shot” at the work upon which professional reputations are built. When an act of heroism occurs, be sure to recognize and celebrate it.
Fourth, give hard, honest, constructive feedback. Potential is realized not just through hard work, but also through feedback. All attorneys need this feedback to improve. It tells the firm whether the young lawyer is teachable. It tells the young lawyers that the firm wants them to develop. It builds bridges for dialogue on important issues. So, establish a rapport and then give the gift of candor regularly.
Fifth, debrief departing diverse associates. When diverse lawyers leave (even on good terms), perceptions that are not necessarily apparent to management can be shared. Feedback drives cultural change in the firm. Unfortunately, many firms do little in the way of debriefing exiting diverse lawyers. The exit interview is usually done by a nonlawyer administrator rather than the senior lawyers with whom the departing associate worked. Thus, the firm continues to make the same mistakes, and retention opportunities for future diverse lawyers are lost.
Working together, we can build a robust and diverse pipeline of skilled lawyers to support our companies.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllInternal Whistleblowing Surged Globally in 2024, So Why Were US Numbers Flat?
6 minute readInside Track: AI Is Sure to Fray Big Law's Devotion to Billable Hour
Trending Stories
- 1Treasury GC Returns to Davis Polk to Co-Chair White-Collar Defense and Investigations Practice
- 2Decision of the Day: JFK to Paris Stowaway's Bail Revocation Explained
- 3Doug Emhoff, Husband of Former VP Harris, Lands at Willkie
- 4LexisNexis Announces Public Availability of Personalized AI Assistant Protégé
- 5Some Thoughts on What It Takes to Connect With Millennial Jurors
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250