How to Build a High-Performance Legal Team: Recruiting, Hiring, Training, and Compensation

If you make a wrong hire, the cost to your firm is “almost immeasurable,” says Jeff Wright, Gideon Asen’s COO who is on the front lines of hiring. “It’s not just monetary. It’s the time. It’s the training. It’s everything else.” In this episode, Jeff and firm co-founder Ben Gideon share real stories from the trenches and lessons learned. Tune in to learn why half of the conversation with a potential hire has nothing to do with the resume, how they use AI and social media to target candidates, and what a personality assessment can reveal that an interview won’t.
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Great lawyers don't always know
how to build great law firms.
Speaker:Let's change that.
Speaker:Join Ben Gideon as he shares hard won
lessons from building his own financially
Speaker:successful law firm and practical
insights from top law firm entrepreneurs,
Speaker:business consultants, and more.
Speaker:This is a podcast for lawyers by lawyers.
Speaker:Welcome to Elawvate, Build
and Grow Your Law Firm.
Speaker:Produced and powered by LawPods.
Speaker:Today's episode of the Elawvate Build
and Grow Your Law Firm podcast is brought
Speaker:to you by Supio.
Speaker:I just spent an hour doing a webinar
with the Supio folks. It was great.
Speaker:We had the head of business development
and also one of the lawyers from
Speaker:Texas who's been an early adopter of
Supio and walked through some case
Speaker:models of how you use Supio to
put a case together. It was very,
Speaker:very impressive.
Speaker:I would encourage everyone who doesn't
yet have an AI platform for their law
Speaker:firm. If they're a plaintiff's
side, personal injury,
Speaker:medical malpractice type of law firm,
check out Supio and get the demo.
Speaker:Our podcast today is also
brought to you by VisionSpark.
Speaker:VisionSpark is the company that
helps law firms and other businesses
Speaker:find seconds in command. You know
any seconds in command, Jeff?That.
Speaker:Would be me.
Speaker:Now-.
Speaker:It's exactly where I want to be.
Speaker:Yeah. When I think of number
two, I always think of Jeff.
Speaker:Thank you, Ben. I appreciate that.
Speaker:We have vision spark to credit for
the search process that led us to Jeff
Speaker:and that Jeff has led us to the holy
grail of it appears to doubling our
Speaker:revenues in less than a year
of your time at our firm.
Speaker:So it's all paid off very well.
Speaker:Anybody who needs a second
in command like Jeff,
Speaker:I would encourage you
to talk to VisionSpark.
Speaker:Our podcast is also brought
to you by 1% for Planet.
Speaker:1% for Planet folks is the
organization that allows you to
Speaker:contribute 1% of your gross
revenues to environmentally
Speaker:conscious nonprofits.
Our firm has done that.
Speaker:It's a great organization that's allowed
us to partner with some really terrific
Speaker:nonprofits in Maine and
throughout Northern New England,
Speaker:and we really would love to have
other firms join us in that.
Speaker:And if you do join us in 1%,
Speaker:please reach out to us and we'll
give you a plug on the show.
Speaker:Welcome everyone to Elawvate, Build and
Grow Your Law Firm. I'm Jeff Wright,
Speaker:Chief Operating Officer at Gideon Asen,
Speaker:and as always joined by Ben
Gideon, founder, owner, partner.
Speaker:How are you today, Ben?
Speaker:Doing great, Jeff. How are things? Just
finished our first quarter retreat.
Speaker:At a good first quarter retreat.
Speaker:A hectic first quarter and heading
into probably a hectic but good second
Speaker:quarter.
Speaker:A hell of a good first
quarter though, I have to say.
Speaker:A hell of a good first quarter. Yes.
Speaker:The litigation team is
hitting on all cylinders,
Speaker:so it's exciting and
everyone is busy as hell.
Speaker:It's probably the best way to do it. I'm
looking forward to our podcast today.
Speaker:For me, this is an exciting topic.
I think an important one as well.
Speaker:Title of the podcast today
is How to Build a High
Speaker:Performance Legal Team:
Recruiting, Hiring, Training,
Speaker:and Compensation.
Speaker:I think part of the reason why I like
this is you know Ben and some people that
Speaker:have been listening.
Speaker:I was in the banking world for 20
plus years and probably met with
Speaker:thousands of business
owners over that time.
Speaker:And when I always asked business owners
what their biggest challenges were,
Speaker:it was always one of two answers.
It was either accounts receivable,
Speaker:which we're not going to talk about today.
Speaker:I don't think we have the magic formula
to get insurance companies to pay us
Speaker:quicker or hiring the right people.
Those were always one or
Speaker:two from every business owner
and here hiring the right people
Speaker:is arguably one of the most critical
things that we do and talk about as a
Speaker:senior management team.
Speaker:I mean, that falls into two
broad categories in my view,
Speaker:lawyers and non-lawyer staff and you
could divide up non-lawyer staff even
Speaker:further than that.
Speaker:But I do think there's
certainly lots of overlap in the
Speaker:principles behind the hiring of
each of those two different broad
Speaker:categories.
Speaker:We really want to focus in today on the
lawyer side of that equation because
Speaker:after all, I mean,
Speaker:the ability to provide high level legal
services by a law firm is going to
Speaker:depend to a significant extent on the
lawyers. Just no other way around it.
Speaker:I guess what you've been on your own,
I guess for lack of a better term,
Speaker:at Gideon Asen for roughly five and a
half years now and I'm sure along the
Speaker:way you didn't start probably with
a very good process for hiring,
Speaker:my guess is out of the gate.
Speaker:That's true. We hadn't thought a lot
about hiring as a process initially.
Speaker:I think that, I mean,
Speaker:our first lawyer that we hired
that was not Taylor or I,
Speaker:the two founding partners,
Speaker:came to us and approached us about
wanting to have a job at our firm.
Speaker:We weren't even recruiting
or affirmatively looking
to add lawyers at that
Speaker:time. And that's Meryl Poulin,
Speaker:who we've now made a third
partner in our business,
Speaker:but she was persistent in wanting
the job and ultimately that
Speaker:persistence led us to relent
and agree to hire her.
Speaker:We weren't recruiting. We weren't actually
looking to hire a lawyer or to grow.
Speaker:Every lawyer after Merrill has
been the product of wanting or
Speaker:feeling that we needed to add
another lawyer to our team.
Speaker:And that sort of has evolved
from our initial process was
Speaker:to look around at the landscape
of our home state and kind of
Speaker:figure out who we, Taylor and I, or Meryl,
Speaker:knew as lawyers that we
thought highly of or had good
Speaker:reputations,
Speaker:maybe had some overlap or transferable
skills with what we did. And then we
Speaker:would approach people to see if they
were interested in working at our firm.
Speaker:Again, we weren't really actively
advertising or recruiting for a lawyer.
Speaker:We were cherry-picking individuals based
on someone we thought might be a good
Speaker:fit.
Speaker:That isn't a bad strategy actually
because you're employing some criteria
Speaker:and not just going out to the marketplace
at random to see who comes in.
Speaker:You're finding someone you
know you think you would like.
Speaker:The problem that we've ultimately found
with that strategy is we ran out of
Speaker:people that fit that description that
we knew in our home state, Maine,
Speaker:which is a small state,
Speaker:and that were both available or
potentially available and that we
Speaker:also were targeting as somebody
that we were interested in.
Speaker:So then what do you do?
We're out of answers.
Speaker:How did you shift from the roadblocks
of being in a small geographic
Speaker:area and probably having pretty specific
criteria on what you and Taylor were
Speaker:looking for? So how did you shift from
the local recruiting to find talent?
Speaker:I mean, Jeff,
Speaker:the real shift we had in a mindset
of what a good hiring process looks
Speaker:like came in the process
we followed to hire you.
Speaker:I'll turn it around on you in a
second. I could just say that also,
Speaker:like many things you do as a new business,
Speaker:it wasn't an intentional
strategic choice that we made.
Speaker:It was born out of circumstances.
Speaker:So the person that we had assigned
the role to temporarily serve as our
Speaker:chief operating officer came to us
completely out of the blue and gave her
Speaker:notice and said, "I'm
leaving. I quit basically,
Speaker:but I'm going to give you some time before
I leave to find my replacement." And
Speaker:I have to say that was one of the
worst days of our lives in this
Speaker:business because even
though it wasn't perfect,
Speaker:we felt like we had a workable leadership
structure in place for our firm. We
Speaker:were finally kind of getting some
things right, making some headway,
Speaker:keeping our head above water a little bit.
Speaker:And then all of a sudden that
whole structure was coming
crumbling down with the
Speaker:leadership team and the
senior person leaving.
Speaker:So at that point we just decided, look,
Speaker:we need to find a different way to
recruit high level candidates for the
Speaker:top positions in our firm.
Speaker:And that's when we went to VisionSpark
and developed a process that
Speaker:led to hiring you. It was through
learning how we did that process.
Speaker:We were then able to replicate that in
other hiring decisions we made after
Speaker:you. And we have really in all of our
hiring since you followed a much more
Speaker:deliberative and robust hiring process,
Speaker:particularly when it
comes to hiring lawyers.
Speaker:Yeah, 100%. And the nice thing was,
Speaker:because I obviously saw
it from the other side,
Speaker:but I think it started with a
well-defined job description,
Speaker:which I assume you probably wrote a
draft and worked with VisionSpark on.
Speaker:And then from there it was
really an in- depth process
Speaker:between VisionSpark and interviews here,
Speaker:proprietary tips assessment
on the type of personality
Speaker:that you're getting to see if
it was going to be a good fit.
Speaker:And I know it's something we're
probably going to talk about later,
Speaker:but a lot of people hire off of
skillset or off of what they see on the
Speaker:resume and forget about the personality,
forget about the culture fit.
Speaker:And that's something that we've kind
of put first on our list is to look at
Speaker:personality and culture fit
and kind of skillset second.
Speaker:It seems so obvious, but we weren't
doing it before that process,
Speaker:which is before you go out to the
market to hire somebody for any
Speaker:position, but particularly
for a lawyer position,
Speaker:you want to clearly define what the
role is that you're hiring for and
Speaker:not just functionally what that role is,
Speaker:but what are the characteristics you're
looking for in the person to fill that
Speaker:role? What are the
personality traits you want?
Speaker:What are the skillsets they need to have?
Speaker:Because how can you possibly identify
the right person for the role if
Speaker:you haven't clearly defined what
the role is? In the CEO search job,
Speaker:we spent a lot of time clearly defining
what that role was going to be.
Speaker:And part of that came out of our
failed experiment with our prior COO
Speaker:where we hadn't done that and it wasn't
clear to anybody in the office what role
Speaker:that person was serving,
Speaker:which is why despite having a
COO that predated you, Jeff,
Speaker:that person didn't really manage the
business the way you do. We were still
Speaker:managing it actively as the owners.
Speaker:People were still coming to us with all
of the day-to-day operational issues and
Speaker:problems because we
hadn't defined that role.
Speaker:And in fairness to the
person who had the role,
Speaker:she didn't know what the role was because
we hadn't defined it for her either
Speaker:and we also hadn't given her the right
backing support or authority to fulfill
Speaker:that role. So it all
kind of goes together.
Speaker:That process of really working
up the job description in a very
Speaker:detailed way, which as you alluded to,
Speaker:also includes a list of our core values.
Speaker:So every job description we
publish and advertise for
Speaker:not only says functionally what
that role requires, what skills,
Speaker:capabilities, training,
experience, but it also says,
Speaker:what are the character traits and
values we're looking for in that person?
Speaker:And not only does that process
allow us to identify the right
Speaker:candidate for the job, it actually
probably even more importantly,
Speaker:it allows candidates to
self-select to apply for the job
Speaker:because what we find is people that
our job descriptions are really also
Speaker:advertisements for our firm in a way,
Speaker:and they're also motivational
documents that for the right people are
Speaker:inspiring to read.
They speak to people.
Speaker:We've had many people apply for jobs that
say, "I wasn't even looking for a job,
Speaker:but when I read your job
description, it just spoke to me.
Speaker:It made me recognize the value I bring and
Speaker:that these people share that value and
I want to work for a place like that.
Speaker:The place where I am now
doesn't see the value in that,
Speaker:but this place does." And so we've had
a lot of people that apply for jobs that
Speaker:self-select as applicants.
And at the flip side,
Speaker:I imagine there are many people we don't
know them because they haven't applied,
Speaker:but they're self-selecting in the
other direction and not applying.
Speaker:So not wasting our time because
when they read the job description,
Speaker:they recognize they
would not be a good fit.
Speaker:You and Taylor have entrusted
me where I'm kind of the,
Speaker:I don't want to say the gatekeeper
or the first line of defense,
Speaker:but regardless of the position, whether
it's an attorney position, paralegal,
Speaker:administrative assistant,
Speaker:I'm the one that manages the
process of getting it out there.
Speaker:And then I vet the resumes first,
Speaker:I do the preliminary phone calls
and I've had calls with attorneys,
Speaker:first phone calls that have
gone an hour and a half.
Speaker:And I would say half of our
discussion is about our culture,
Speaker:about our environment,
Speaker:about our core values and our
goals and what it's like to
Speaker:work here. And I think it's important
for them to hear that from me,
Speaker:to hear from them what their thoughts
are on that before we get into
Speaker:they have med mal or they have personal
injury or they have plaintiff side
Speaker:experience. Yeah,
Speaker:50% of the conversation is not
something you can get off a resume and
Speaker:it's important to your point earlier,
I think people lose sight of that.
Speaker:Yeah. And I think the other thing people
who are recruiting lose sight of is
Speaker:that just like everything else we
do trying to attract high quality
Speaker:cases and new clients or
trying to persuade a jury,
Speaker:the process of recruiting
staff and attorneys is a sales
Speaker:process.
Speaker:You have to sell people on the
benefits and value of working
Speaker:for you. And there's nothing, as
you alluded to at the very outset,
Speaker:there's nothing more important than
having the right people in the right seats
Speaker:on your bus to use that analogy.
And how do you get the right people?
Speaker:Because it's a competitive
marketplace for talent. I mean,
Speaker:every law firm wants the best
lawyers and why would they come here
Speaker:instead of going across the street?
You have to make your case. And for us,
Speaker:it's a combination of things we
offer people for the right person
Speaker:and we can get into what that
is, but for the right person,
Speaker:it's a very attractive opportunity
that they can't get anywhere else.
Speaker:And so it's not a hard sell for us,
Speaker:but it's only not a hard sell if we're
effectively communicating what those
Speaker:opportunities are because
people don't know.
Speaker:How would they know unless we tell them?
Speaker:So it's a really important
part of the process. I mean,
Speaker:think about what most job
announcements are even for lawyers.
Speaker:We're hiring a litigation attorney,
Speaker:competitive salary needs three
to five years experience,
Speaker:send applications too. Well, I mean,
Speaker:that doesn't get you jazzed up and
excited to apply for that, does it?
Speaker:There's nothing about that that sets
that opportunity apart from any other
Speaker:opportunity. That's not how we
present our job opportunities.
Speaker:Yeah.
Speaker:We usually have two paragraphs of firm
description and culture and core values
Speaker:and I mean the whole first,
Speaker:there's nothing about experience on I
think the first page of our job postings
Speaker:that comes at the tail end and we do
that for a reason because we put what we
Speaker:feel are the most important
things first in there.
Speaker:We get to the experience after.
Speaker:Need help on a complex personal
injury or medical malpractice case?
Speaker:Gideon Asen accepts case referrals
and regularly co-counsels with lawyers
Speaker:nationwide on high value claims.
Speaker:The firm has recovered millions of dollars
in cases that competitors turned away
Speaker:because they dig deeper.
Ready to learn more?
Speaker:Email begideon@gideonasinlaw.com
to start the conversation.
Speaker:Gideon Asen shares fees as
permitted by the laws of each state.
Speaker:Don't let complex cases
overwhelm your practice,
Speaker:elevate justice together with Gideon Asen.
Speaker:Maybe you could just describe a little
bit how we've just hired another
Speaker:attorney.
Speaker:We had attempted to go more old
school by mining the local talent
Speaker:pool. That didn't work
out for us. We recognized,
Speaker:and one of the things we learned from
hiring you is the need to cast a wider
Speaker:net. Now, although you're from
Maine and live here on the ground,
Speaker:we had many applications for your job
from outside of Maine all over the
Speaker:country, actually.
Speaker:You want to just talk a little bit about
transition and how we were looking for
Speaker:a lawyer this time that
broadened that net a little bit?
Speaker:Yeah, 100%. So like you
had mentioned, I mean,
Speaker:when you and Taylor first started hiring,
Speaker:you tapped the local pool of people that
you knew and proactively reached out
Speaker:and networked.
Speaker:We tried to do the same thing with
our most recent attorney hire and
Speaker:we had a number of
interviews, good candidates,
Speaker:just not an individual that we
felt was the exact right fit
Speaker:and decided to go and try
and track down a recruiter.
Speaker:I interviewed I think three different
recruiters and the one we landed on
Speaker:Chris has been fantastic.
Speaker:And I think what we liked about
him most is when we met with him,
Speaker:he asked about our culture,
he asked about the firm,
Speaker:he asked what our day-to-day is like
and how people are going to fit in
Speaker:and we cast a wide net and we were
lucky enough to get a candidate
Speaker:from well outside of Maine and they're
starting in May and we couldn't be more
Speaker:thrilled, but we took a lot.
One of the things,
Speaker:and we could probably talk about
it more, is patience. I mean,
Speaker:it took us in the neighborhood of five
months from our initial posting to
Speaker:making an offer and having an acceptance
to bring that right candidate in.
Speaker:And I don't know if firms
or businesses that don't
Speaker:have a well-defined hiring
system would have the patience to
Speaker:wait for the right candidate.
Speaker:We would've loved to have had somebody
in here three or four months ago.
Speaker:We have plenty of work. Trust me,
Speaker:every attorney here would be more than
happy if we brought somebody in earlier,
Speaker:but the wait is worth it. I
think the patience and not,
Speaker:you can have the urgency
but you can't rush it.
Speaker:Yeah.
Speaker:So I would say we have toyed with the
idea of using legal recruiters in the
Speaker:past. Legal recruiters have,
Speaker:there's pros and cons to it and
I think individual recruiters can
Speaker:be very different from one another.
Speaker:Depending on what kind
of law practice you have,
Speaker:recruiters can be more or less valuable.
Speaker:One of the challenges in using
recruiters for a plaintiff contingent fee
Speaker:practice where a lot of the
lawyer compensation is based on
Speaker:incentive-based bonus
structures as our firm is,
Speaker:is that many recruiters base
their fees on a percentage of the
Speaker:lawyer's first year starting salary.
Speaker:And what they really want to be
doing is finding transfer partners
Speaker:at large firms or senior associates
at large firms that command
Speaker:a high base salary because that's
a big payday for a recruiter.
Speaker:The kind of position we
were recruiting for A,
Speaker:doesn't have a high base salary,
although with incentive based pay,
Speaker:there's very good opportunity for very
high compensation for the right person,
Speaker:but the recruiter doesn't benefit
directly from that. We're also asking
Speaker:recruiters to find a candidate for
what would be a more difficult to place
Speaker:position in an out of the way small,
rural state at the end of the country.
Speaker:Again, it's not the low hanging fruit.
Speaker:So what you will get is a lot of
recruiters who will say, "Yeah,
Speaker:sign me up." And they'll put out a blast
email to everyone they know and if they
Speaker:happen to get a candidate, they'll
put them your way and get paid on it,
Speaker:but they're not really willing to beat
the Bushes and do real work to try to
Speaker:develop a candidate pool for you.
Speaker:That's what the VisionSpark folks did
when we hired you. They did real work.
Speaker:They developed a candidate
pool. They cast a wide net.
Speaker:They took affirmative proactive
steps to recruit people,
Speaker:not just see who came in the
door through sort of mass
Speaker:advertising or blast emails or something.
So we had to go a different route.
Speaker:The person we have been
using as a recruiter, Chris,
Speaker:he has a different structure.
So we're paying him a flat fee.
Speaker:So it's not based on a
percentage of salary.
Speaker:It is contingent on him finding
us a candidate that we hire,
Speaker:but that fee guarantees that he's going
to be paid for the work that he does.
Speaker:And then we had some creative and
I thought quite effective ways at
Speaker:trying to identify candidates
who might be good for both
Speaker:qualified for what we're looking for,
Speaker:but also where there was a higher
likelihood that they might be willing to
Speaker:accept a position at a firm in
Maine. So using social media, AI,
Speaker:you can now mine Facebook, LinkedIn,
Speaker:other social media for people who
have family in Maine or New England,
Speaker:have maybe went to high school or college
in Maine and left or law school in
Speaker:Maine. So somebody who has some connection
to either the state or the general
Speaker:area and then also maybe in a
practice area that is either the
Speaker:same or has transferable skills that
would make them a good candidate.
Speaker:So because the likelihood of somebody
in Los Angeles who has no connection to
Speaker:the Northeast and no connection to Maine,
Speaker:giving up their high paid job in an LA
firm and going 3,000 miles across the
Speaker:country to work for us pretty low.
Speaker:But the candidate we ended up
finding who had great credentials,
Speaker:former US attorney working
for the Department of Justice,
Speaker:good educational background,
other strong academic skills,
Speaker:this person turns out, has
parents who live in Maine,
Speaker:has a daughter who's about
to start college in Maine,
Speaker:himself grew up in
neighboring state of Vermont.
Speaker:So there was a lot of
areas of overlap where that
Speaker:possible transition from out of state
here potentially could make a lot of sense
Speaker:for him.
So again,
Speaker:if you're strategic about it and you
know what you're looking for and we
Speaker:understood that we needed
to have that connection,
Speaker:you start to narrow the pool using AI
now that can screen through all of this
Speaker:data instantly,
Speaker:you're able to develop a
pool of candidates where
there's a higher probability
Speaker:that you might be able to recruit
somebody effectively from that pool.
Speaker:And then you need somebody like Chris
who's willing to just call these people
Speaker:and that's what Chris does. He got
on the phone and just called people,
Speaker:had a connection to Maine,
had the right credentials,
Speaker:seemed to have the right
level of experience.
Speaker:And you might have to make 50 or 100 calls
before you get one or two people that
Speaker:are interested. But if you get the
right one person, you've done that job.
Speaker:And in this case we did.
Speaker:I don't even want to say
cautionly optimistic. I mean,
Speaker:it was a heavy lift that we asked for him.
Speaker:Find us a litigation attorney that
wants to relocate to Maine like you were
Speaker:saying. And I think from
the time we signed with him
to the time he found us the
Speaker:candidate and we had a signed job offer
letter was right around two and a half
Speaker:months and I was blown away
at how quickly it happened.
Speaker:I was skeptical.
Speaker:We've just posted for another position
and we went right back to him.
Speaker:I did want to talk about our
previous hire before our most recent.
Speaker:I think it goes back to
knowing what you want,
Speaker:having a very well-defined job
description and having the patience.
Speaker:Our hire in January,
Stephanie, who came on,
Speaker:had previously applied for
another non-litigation attorney
Speaker:role here and we interviewed her, very
good credentials, great interviewer,
Speaker:extremely intelligent, good attorney.
We realized, yeah,
Speaker:we love everything about her, but
this isn't the right role for her.
Speaker:And so we decided,
Speaker:and actually Ben was the one that really
had the epiphany because the rest of us
Speaker:were a little enamored with her
background and everything. And Ben said,
Speaker:"She could be successful here just
not in this current role." In addition
Speaker:to doing the upfront,
Speaker:I always have to call the candidates
and turn them down as well,
Speaker:which isn't the best part of my job.
Speaker:And I told her that we loved everything
about her and this just was not the best
Speaker:role for her. We wound up hiring another
candidate, which worked out great,
Speaker:but I left it with her that, "Hey,
Speaker:if we have another role that we think
suits your skillset and you're available,
Speaker:would you mind if I reached out? " And
I don't know, I would say what, six,
Speaker:roughly six months later we are hiring
a litigation attorney. We reached out.
Speaker:She's been here since January and her
first five months have been a very event
Speaker:filled for her here in a good
way. She's got a lot on her plate.
Speaker:We're more than thrilled to have her.
Speaker:All of that stemmed from
knowing what we wanted,
Speaker:having a very defined idea,
Speaker:very defined job description,
Speaker:and then us working together to
make what we feel is well-informed
Speaker:decision.
Speaker:That was a great example of another
really successful hiring process that,
Speaker:again, took a long time.
Speaker:We had to be patient that the right role
wasn't available when she originally
Speaker:applied and then became available. That's
another example though of somebody,
Speaker:her background for the last 13 years,
Speaker:she was the general counsel
for the largest primary care
Speaker:medical practice in our state
and working closely with doctors,
Speaker:working on medical malpractice
litigation, but from the provider's side.
Speaker:But she had a background.
Speaker:Her dad was a plaintiff's
lawyer in another state.
Speaker:She started her career as a
plaintiff's lawyer at another firm.
Speaker:She definitely had the
fire in the belly for it.
Speaker:I think she was excited to get back into
the litigation world on our side of the
Speaker:table. And so she was not
somebody looking for a job.
Speaker:She had a very good job,
Speaker:a highly compensated position.
I don't think she would have applied to
Speaker:plaintiff's firms generally.
Speaker:She applied to our firm because she
saw something about this practice that
Speaker:appealed to her. And from the
job description, actually,
Speaker:I think she said that she read the job
description and it really spoke to her in
Speaker:a way that motivated her to ...
Speaker:It was a considerable life change
from a very comfortable corporate
Speaker:position with complete job security to
working as a plaintiff's trial lawyer.
Speaker:So it kind of makes the point
we were trying to make earlier.
Speaker:I wanted to go back and just talk a
little bit about the kind of context of
Speaker:lawyer hiring to begin with.
Speaker:So when firms are thinking about
hiring lawyers to scale and grow their
Speaker:practice, which is the subject matter
of this podcast, there's really,
Speaker:I think,
Speaker:two models you can follow to hire
attorneys to accomplish that goal. One
Speaker:is that you can hire seasoned
lawyers that have all of the
Speaker:knowledge, skills,
Speaker:and experience to completely
shoulder the burdens of
Speaker:independently performing the legal
services you're hiring them to perform.
Speaker:In other words, they don't
need any additional ... I mean,
Speaker:they might need training on your
internal procedures or systems,
Speaker:but they come in as fully fledged lawyers
in whatever field that you're hiring
Speaker:them for.
Speaker:The other alternative is you're hiring
people that are not fully fledged
Speaker:lawyers that are still
learning or still need to learn
Speaker:skills or develop capabilities in
order to fully grow into that role.
Speaker:And those are very different. I
would say there's probably a third,
Speaker:which is hiring baby
lawyers, we call them,
Speaker:the ones that are brand new right out
of law school who don't really have any
Speaker:experience at all,
Speaker:aren't really tried or tested doing any
legal work yet. We basically exclude
Speaker:that last category.
For a firm of our size,
Speaker:we're now up to with our
new hire eight lawyers.
Speaker:We just can't afford to have anybody
who doesn't have at least a critical
Speaker:mass of usable skills that can contribute
Speaker:immediately to the work we're
doing. It just doesn't work for us.
Speaker:We're not hourly rate firm that's
leveraged off of billables.
Speaker:So for large firms that
are where every new
Speaker:lawyer unit is a profit generating
source, that works, right?
Speaker:They can hire the new associate,
Speaker:bill them out at 250 or 500 bucks an hour.
Speaker:It costs the firm a hundred
bucks an hour to employ them.
Speaker:That's a good business model,
but doesn't work for us.
Speaker:So depending on what kind of firm you
have, you might hire baby lawyers,
Speaker:you might not. We're not likely
to hire baby lawyers in our firm.
Speaker:So it really leaves us those two options,
Speaker:the fully fledged lawyer capable of
doing everything independently versus a
Speaker:lawyer who still needs to grow.
In our particular line of work,
Speaker:there aren't many people that qualify
as the fully fledged independent,
Speaker:capable lawyer that not only are that,
Speaker:but also that you would want to hire
or that would be a good cultural
Speaker:fit for your practice because
particularly in the plaintiff's world,
Speaker:very few people ever matriculate
to be that type of lawyer because
Speaker:it's hard and few people get
to that level in their career,
Speaker:but the people People who do tend to
have extremely large egos, number one,
Speaker:I'd probably count myself among some
of those, but they have large egos,
Speaker:they have big personalities,
they're demanding.
Speaker:If they're successful in what we do,
Speaker:they're already highly compensated
wherever they are, a different firm,
Speaker:their own firm, whatever. The cost of
bringing someone like that in is A,
Speaker:you would have to pay them an arm and
a leg probably because they're already
Speaker:doing quite well wherever they are.
B,
Speaker:you would have to tolerate their
ego and their demanding nature
Speaker:and personality.
Speaker:They're not likely to be team players
in the sense of subscribing to a new
Speaker:culture or new model that you want to
impose on them because they've figured out
Speaker:something that already
works for them. Now,
Speaker:there could be exceptions
to that for sure,
Speaker:but you can't really count on finding
somebody like that in my view that's going
Speaker:to be a good fit and allow you to scale
a business where your goal is to have a
Speaker:profitable business. I mean,
frankly, from a partner standpoint,
Speaker:to be profitable for me as a partner,
Speaker:I don't want to give away all of my
money to some other large ego plaintiff's
Speaker:lawyer if I don't have to. If the
right person came, we'd consider it.
Speaker:But again,
Speaker:it's not something we're
seeking to necessarily find
and there's no great model
Speaker:of individual out there that is a natural
fit for that. So that really leaves
Speaker:you with that last category,
Speaker:which are lawyers that are
in that transitional phase,
Speaker:that they have a certain number of skills,
Speaker:but they're not fully fledged first
chair trial lawyers that have been trying
Speaker:numerous cases to verdict
successfully over their careers.
Speaker:And when you're bringing
in a lawyer like that,
Speaker:what you're looking for is are they the
right piece in the puzzle that is the
Speaker:full set of capabilities you're
trying to build out in order to do the
Speaker:legal services work?
We've built out teams.
Speaker:So when we're looking for
a lawyer to add to a team,
Speaker:we're not just assessing what is
that individual lawyer's skillset and
Speaker:capabilities,
Speaker:but are they the right fit to
compensate or to supplement
Speaker:the other skillsets of the other members
of that team and the other personality
Speaker:traits of people that are on that team?
Now,
Speaker:will they be a good fit personality-wise
to work together collaboratively with
Speaker:their other team members?
Speaker:And part of that process is we
have started to implement this,
Speaker:what you alluded to before, Jeff,
the TIPS psychological assessment,
Speaker:which assesses in an
objectively validated fashion,
Speaker:both intellectual capabilities
and baseline IQ type
Speaker:qualities and also personality
traits. And I have to say,
Speaker:I'm the kind of person
who would be, I think,
Speaker:inherently skeptical of that type of test,
Speaker:but I've actually found it extremely
valuable in helping us to assess
Speaker:candidates. I don't know what
your thoughts are about it.
Speaker:Obviously,
Speaker:I've never taken that particular test
because it was designed specifically for
Speaker:this firm,
Speaker:but I've had to take personality tests
in the past and I think you hit it on the
Speaker:head with the word skeptical.
I was like, all right,
Speaker:it's worth about as much as the paper
it's printed on. But it's not the case.
Speaker:And I think what's great about it is I
was the first applicant or my role was
Speaker:the first role that the firm
used it for. After that,
Speaker:Ben and Taylor had every attorney
here take it and we've developed a
Speaker:really good baseline of
what we're expecting our
Speaker:applicants to score and what
ranges. There's categories on there,
Speaker:like Ben had stated of intelligence,
Speaker:but it's also things along the line of
working with how urgent are they and how
Speaker:their communication style is and
things like that. And amazingly,
Speaker:all our attorneys here really fit within
the scales like one to 10. And all the
Speaker:attorneys here aside from one or two
that may be outliers in some categories
Speaker:fall within three points of each other.
Speaker:If we see candidates come in that are
real outliers in those categories that we
Speaker:deem important,
Speaker:it's enough to raise enough of a
red flag for us to have more in-
Speaker:depth discussions around those areas
and come up with some additional
Speaker:questions to try and dig into
it. I think it's been invaluable.
Speaker:I mean, one example is we tend to have
a high level of urgency in our firm.
Speaker:People like to move quickly
on things and get stuff done.
Speaker:It could be very hard if you have a team
of people that are urgent and action
Speaker:oriented for somebody to lack
that sense of urgency or that
Speaker:sense of action because you've just
become frustrated with the person.
Speaker:They're not working at the
pace that the practice moves.
Speaker:And that's one of the things the test
analyzes is someone's level of urgency.
Speaker:Another thing I've found useful
is when you do a job interview for
Speaker:that hour you're spending with somebody,
Speaker:they're putting on their best
performance. We all know that, right?
Speaker:They're projecting themselves in a
certain way and it's very hard to
Speaker:get a real sense for what they're
really like because this may be
Speaker:atypical of how they typically are,
Speaker:but they're just able to do it for that
hour that you're in the interview. One
Speaker:example is we interviewed a lawyer who
was very personable, conversational,
Speaker:did a good job, was a good interviewer,
Speaker:but scored a one out of 10
on introversion and basically
Speaker:meaning that this lawyer is
a painfully shy introvert,
Speaker:which means they're the kind of person
who their instinct is always going to be
Speaker:to close the door, to work
alone, not to reach out,
Speaker:not to ask questions.
Speaker:And it's just hard for somebody like
that to collaborate effectively in
Speaker:a team environment because they
just are really introverted.
Speaker:If we were hiring that person for a second
chair research and writing job where
Speaker:their job was to be down in a dark
room in the basement and just be doing
Speaker:research and churning
out memos or something,
Speaker:that might be a good personality trait
for that. But we weren't hiring for that.
Speaker:We were hiring for them to be a co-counsel
collaborator as part of a litigation
Speaker:team working hand in hand with another
lawyer on valuable cases. It didn't
Speaker:mean that that one answer on a personality
test disqualified that individual,
Speaker:but it causes you to take
notice and then to follow up
Speaker:and to ask questions about that
and to really drill down on,
Speaker:is this going to be a problem?
Speaker:And you're not going to learn
that from your job interview,
Speaker:just not because even that introvert
is going to be able to get out of their
Speaker:introversion for an hour and
pretend to be gregarious and
Speaker:communicative with you in a job interview.
Speaker:So it's just very hard to figure
some of that stuff out without this.
Speaker:I remember vividly one
of the questions on mine,
Speaker:it was something along the lines of,
Speaker:what was one of your proudest
moments as a supervisor?
Speaker:Something along those lines. I
remember talking to the recruiter,
Speaker:I had answered it and
everything and she goes,
Speaker:"You know there's right and wrong answers
to that question." I was like, "Well,
Speaker:how can there be right and wrong answers?
Speaker:Everyone's going to have a different
sense of pride and different things." She
Speaker:said,
Speaker:"A lot of people answer that the proudest
moment as a supervisor is team blew
Speaker:out their sales number,
Speaker:finished 110% to goal or whatever."
And she said the correct answers,
Speaker:the answer you put down, Jeff,
Speaker:one of your proudest moments was a staff
person that you really believed in and
Speaker:you coached them up and they actually
wound up leaving where you were
Speaker:working and they got a relatively
high profile job. You were
Speaker:so proud that you were part
of that because you helped
kind of mentor them along
Speaker:their career. And she said,
"That's the right answer,
Speaker:not something else that someone else put
down." And the fact that these people
Speaker:are trained to read into things like
that is the type of insight to your point
Speaker:you don't get from an hour interview or
even on the third interview you're not
Speaker:going to get. It's interesting
and it's helped us tremendously.
Speaker:I don't want to say we've been lucky,
Speaker:but we've made very smart hiring
decisions based on a lot of
Speaker:factors.
Speaker:It's like everything else you do. I mean,
Speaker:we go back to the episode we did
on decision making generally,
Speaker:but we try to apply that rigor
to the hiring process. Again,
Speaker:it's something I think lawyers fall
into the trap of we're all so busy
Speaker:doing our legal work that all the
other surrounding things you have to
Speaker:do to build a business are
kind of second thoughts.
Speaker:We apply a lot of rigor to the casework
we do to the legal services we provide.
Speaker:But I think traditionally lawyers don't
necessarily apply the same rigor to
Speaker:other parts of the business. The fact
is that you said we've been lucky,
Speaker:but I don't think it's lucky.
Speaker:I think we make our own luck by
having a rigorous process and
Speaker:insisting on following it and
not compromising our standards,
Speaker:knowing what we're looking
for and continuing to work
at it until we accomplish
Speaker:the goal. So it's really no different
than any other aspect of what we're doing.
Speaker:But I mean, think about the hiring.
Speaker:What is more important than who you're
putting in those seats in your office,
Speaker:especially in the seats that are going
to be client facing and are going to be
Speaker:representing you as a law
firm in front of the courts,
Speaker:in front of your clients every single day.
Speaker:There's nothing possibly more
important than that decision.
Speaker:So if you're going to invest
any time and rigor in something,
Speaker:it ought to be in hiring the
right people to work for you.
Speaker:The cost of a wrong hire is it's
almost immeasurable. I mean,
Speaker:it's not just monetary, it's
the time, it's the training,
Speaker:it's everything else. And to your point,
Speaker:it has to be one of the biggest priorities
that firms have out there and it has
Speaker:to be done right.
Speaker:We had some other things that
we were going to cover today,
Speaker:but I think we're out of time,
Speaker:but just to preview them because they're
natural segues from our discussion
Speaker:today, they're actually integral
in what we were just talking about.
Speaker:You can't separate the hiring process
from the other things that we'll cover.
Speaker:And those two other things are training,
lawyer training again specifically,
Speaker:because again,
Speaker:if you're not hiring the fully formed
lawyer that can operate completely
Speaker:independently,
Speaker:then there has to be a program for
training that lawyer once they arrive.
Speaker:So that's one topic that we will
cover in a subsequent episode.
Speaker:We've been giving a lot of thought to
that lately and we've developed some
Speaker:interesting and novel approaches that
we're going to be rolling out at our firm
Speaker:actually next month or
actually later this month.
Speaker:And then the training and then the other
part of it is compensation because you
Speaker:really can't separate hiring from
compensation in order to attract and
Speaker:retain high quality lawyers.
You have to have a
Speaker:mechanism for compensating
those lawyers because after all,
Speaker:people who work hard and do a good
job deserve to be well compensated.
Speaker:It's a competitive marketplace.
Speaker:How do you structure compensation in a
way that provides the right incentives
Speaker:for the lawyers,
Speaker:doesn't overpay people who are
underperforming or underproducing,
Speaker:pays people appropriately and generously
if they are performing and producing
Speaker:well,
Speaker:continues to incentivize people as they
mature and grow into your practice over
Speaker:time and doesn't cause your best
talent to head for the door at some
Speaker:point and leave and open up
a law firm across the street.
Speaker:So there's a lot that goes into that.
Speaker:And I should say we're a firm where
we currently don't have any equity
Speaker:partnership track.
Speaker:So that creates an additional challenge
because you have to be able to attract
Speaker:and retain top talent without offering
them equity partnership in the business.
Speaker:We will cover all of those topics
which become fairly detailed in a
Speaker:subsequent episode.
Speaker:I can't tell you how many hours we spend
on attorney compensation plans behind
Speaker:the scenes to try and get
it right. Hundreds of hours.
Speaker:And we'll get to it in our future episode,
Speaker:but that came out of trial and error
having problems with earlier iterations of
Speaker:our compensation plans.
Speaker:I think we've got something
that will work well long-term.
Speaker:We've got it pretty much right, but
it still may require some tweaks,
Speaker:but I think we've put so much thought
into it that hopefully by sharing that
Speaker:we'll be able to help others get to the
right point without spending as much
Speaker:time and creating as many problems as
we did along the way. So with that,
Speaker:I guess we'll call it a day. Thanks, Jeff.
Speaker:All right. Appreciate it, Ben.
Speaker:Thanks for listening to Elawvate,
Build and Grow Your Law Firm.
Speaker:Share with colleagues if you
found it valuable. Remember,
Speaker:building a successful law firm takes
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Speaker:but you're not alone. Produced
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