With
the economy picking up, and work picking up in law firms, more employee movement
is being seen in recent months and with it, an employees’ market. Apart from
having to think about how one is to keep existing employees, more thought should
go into why an employee leaves. One way to do this is to make an effort to
conduct exit interviews with associates or legal assistants (LAs) who are
leaving your law firm. This can alert you to firm management issues, reduce
turnover and, overall, boost your firm’s morale.
Why
conduct exit interviews?
A
common practice in organisations with human resource departments, exit
interviews conducted by someone in your firm can help your law firm get candid,
if not valuable, feedback that may help you to:
understand
why LAs or associates are leaving and identify issues you need to address to
remain competitive as an employer;
arrange
for the return of client files and firm property (including intangible
property, such as licensed software);
provide
a forum for discussing client confidentiality and possible conflicts of
interest;
identify
issues that could result in legal concerns; and
wrap
up administrative matters, such as the transfer of files, the pro-rating of
benefits and final compensation, if any.
Who
should conduct the exit interview?
Generally,
it should not be the partner who directly supervises the associate. Where
possible, a neutral third party should conduct the exit interview. At the very
least, the interviewer needs to be someone who is credible, honest and a good
listener — someone who can establish rapport without letting the exit
interview become a gripe session.
Some
firms might consider engaging an external human resources professional to
fulfill this role. Even though this person may not be equipped to answer all the
departing employee’s questions, an external consultant has the advantages of
special training and detachment from the situation.
When
should the exit interview take place?
This
should be done as close to the associate’s departure as possible. For one
thing, you will be asking for the return of keys, parking passes, laptop
computers and other firm property that the employee may need until his or her
final day. Remember to ask associates to return or unload any licensed software
or data that may be housed on home computers.
Beyond
the housekeeping matters, however, you want the exit interview to be as
‘pure’ as possible, particularly if the associate is leaving involuntarily
or you have reason to believe that the employee may have a grouse against the
firm. The exit interview might provide the final opportunity to talk with an
employee before other third parties become involved.
Where
should the exit interview take place?
Exit
interviews should be conducted in a private place where candid, honest
conversation will not be overheard or ‘overseen’. Take steps to avoid
interruptions, just as you would if you were meeting with a client. Do not do it
in a hurry or appear as if it is just a formality to be gotten over with. The
associate who has been a crucial participant in your firm should at least be
made to feel that time is being taken to allow him to air his views freely.
What
questions should I ask?
Each
law firm is unique and will need to develop exit interview questions which
address the firm’s specific needs. Here are some questions you may consider
asking:
Why
are you leaving?
Where
are you going?
What
does the new firm or organisation offer that appeals to you?
How
would you rate this firm on the following?
supervision
of your work
communication
within the firm
substance
of your practice
opportunities
for growth and experience as a lawyer
process
for advancement to partnership
level
of workload/balance with personal life
recognition
for marketing or administrative duties
employee
benefits
compensation
(level and method for determining)
What conflicts of interest might arise from your transfer to another firm?
What did you like most about practising in this firm?
What did you like least?
Would you recommend this firm as an employer to others?
What would you tell a new lawyer who was considering a position with this law
firm?
What
else should I be aware of?
Be honest and direct as to the reason for termination.
Limit giving exit interview information only to those with a need to know.
If anything unanticipated comes up, for example, the employee accuses the firm
of discrimination, biased treatment or harassment, consider postponing a
specific response until you have had a chance to investigate carefully.
Consider the individual circumstances, but do not let your own feelings cloud
your assessment of a genuine complaint.
What
next?