Recent years have seen a positive shift in the legal sector: from coping with stress, to making the workplace a better and more supportive place to work. But despite some signs of change, many firms continue to struggle when it comes to delivering effective management. Solving this problem can be hugely beneficial, not only helping to avoid stress among staff, but also mitigating people and compliance risks, and supporting efforts to attract and retain staff.
The management ‘skills gap’ in law
The progression structure within most law firms rewards high-performing employees with promotion to a management role. But whether they are a Partner, Managing Principal, these managers too often lack proper training, leaving them without key skills including empathy, listening, communication, feedback delivery, transparency, and coaching and development.
Failure to adequately train managers is a missed opportunity for the legal sector. According to mental health charity LawCare, fewer than half of managers across the sector have received dedicated management training. What’s more, of those who do undergo training, the vast majority find it helpful.
But training isn’t the only obstacle to effective management. Many firms also undervalue managerial duties relative to fee-earning work – for example, by failing to adjust earnings or performance targets to account for the additional responsibilities that being a manager requires.
When firms fail to incentivise good management, it is managerial duties that are the first to be overlooked when competing obligations arise. This has consequences: for the people being managed, for the managers themselves, and for the wider firm.
Bad management can drive people risk
Well-managed teams and organisations enjoy substantial benefits – including greater productivity, trust, empathy and understanding. Effective management also reduces errors, fosters creativity, and enhances job satisfaction.
By contrast, bad management is a primary source of people risk in the workplace. Without regular or effective communication from their managers, people can become isolated and unequipped to carry out their roles. This can be stressful, reducing wellbeing and increasing the likelihood of errors and poor performance. This leads to negative outcomes for clients, and in a worst-case scenario could be a source of claims against the firm, creating yet more difficulty for already overworked and under-supported teams.
These issues are compounded by the absence of a proper support network in many firms. A common complaint among younger lawyers is that when flagging difficulties or stress to their superiors they are simply told to ‘get on with it’. Although this may reflect different generational attitudes and experiences of the workplace, it can cause further damage to wellbeing. Reports may be encouraged to sit on issues rather than escalate them, which are exacerbated as a result – and could result in a breach of professional misconduct and potential regulatory investigation. Managers may also lack understanding around different needs – such of those as women or minorities in the workplace – or show unwillingness to accommodate them.
Managers also need support from their firm, and they will suffer without it. Without a reduction in fee-earning work, the requirement to fulfil leadership responsibilities can lead to overwork, stress, and decreased performance. This in turn can negatively impact managers’ mental and physical health. To cope with stress, managers may overlook the duty they owe to their teams, while others may react with anger or resentment. Firms may find it more difficult to retain talent, as employees – at all levels of seniority – are tempted to look elsewhere in search of better support or more manageable workloads. Attracting talent may also become harder, especially if a firm acquires a reputation for a stressful and unforgiving culture.
These factors are more important now than ever before. ‘Job hopping’, in which employees repeatedly switch between jobs, is becoming more common (opens a new window); according to LawCare, there has been an increase in the number of contacts to its support service from people looking to leave the sector due to wellbeing concerns. And while younger workers are leading the way, older generations are also moving in search of better pay, or improved work-life balance and corporate culture. In parallel, UK law firms are also facing increased competition from US-based counterparts looking to poach senior talent and newly trained associates.
How firms can unlock effective management
To make effective management a reality, firms must first create the conditions for it to flourish. To get the best results, a holistic, structured approach is crucial:
Understand your teams – As a starting point, firms can begin by understanding what support they currently offer, and whether this is meeting the needs of those in managerial positions, those who report to them, and the firm. This could take the form of surveys to establish how many managers have received dedicated managerial or leadership training, how effective they have found any training received, whether there are any specific gaps in received training, and employees’ perceptions of their manager’s leadership style.
Design management training – Once firms understand the needs of their managers, they can begin designing an effective management training programme. This should be meaningful, structured, and targeted; it is key for firms to avoid overloading managers for well-meaning training that doesn’t address real issues. Key topics may include communication, emotional intelligence, conflict resolution, decision making, delegation, and time management. Line manager mental health awareness training can also help managers to recognise poor mental health and support the wellbeing of their teams.
Build supportive systems – Having proper structures in place can give managers a helping hand and foster regular communication with their reports. Measures do not have to be complex or expensive, but may include mandatory regular catchups, monthly or annual performance review processes, mentor or buddy systems for junior or remote workers, or knowledge and advice sharing via peer groups. Similarly, managers can’t be all things to everyone they manage. Broader measures, such as counselling services for non-work issues, can support managers to set boundaries when it comes to their role. Firms should also ensure managers know where to signpost people in need of support, both internally and externally.
Remove obstacles to good management – Adjusting fee-earning targets and building managerial performance are crucial ways that firms can encourage and incentivise a focus on being an effective manager. This could involve including meaningful performance metrics in reviews for effective management and offering bonuses to managers in reward for the good performance of their trainees and reports. Implementing a feedback process can help managers to learn and improve their management and communication even beyond formal training programmes.
Explore alternatives – Currently, many law firms have management firmly built into their progression structure. But not all fee-earners have the skills or desire to become effective managers. While all employees should be offered the chance to develop, firms should consider implementing alternative pathways for career progression outside of a management role. For example, this may involve rewarding high-performing employees with greater client responsibilities.
Promote continuous learning – Effective management is not something learned; it is something practiced. Skills and training should be regularly refreshed over the course of a manager’s career. As individuals progress in seniority, potentially managing larger, or more diverse teams, the training may need to adapt to meet their needs. There is unlikely to be a one-size-fits-all solution.
Foster a culture of openness – A ‘top-down’ culture of openness can set the tone for the entire firm. In practice, this requires senior management figures to role-model good behaviours, such as willingness to listen to, and act on, staff concerns. This can demonstrate to line managers the value of effective management. In turn, they will follow this lead with their own reports.
Firms should not wait until employees are promoted to managerial roles to offer training. Although management skills are particularly important to those managing teams of trainees, many of the skills learned through training programmes will have wider applications in an employee's day-to-day work. Instilling the principles of effective management early on will give managers the best chance to hit the ground running, reducing teething issues and ensuring the best outcome for all parties.
Further guidance on the obligations for solicitors and law firms with regards to effective supervision can be found via the Solicitors Regulation Authority (opens a new window) (SRA).
Our article “Effective supervision: how the SRA’s guidance enhances professional growth and wellbeing (opens a new window)” also contains specific recommendations for delivering effective supervision.
Resources for managers are also available via LawCare (opens a new window).
For more information, reach out to a member of our People Solutions team.
