What Lawyers Have to Say About “Associate Mobility”

by Marika Giles

In the last issue of BarTalk, and in recent years, there have been several articles written about “associate mobility.” Despite attrition being of significant concern to employers (see Where Have All the Lawyers Gone? in August’s BarTalk), few firms, if any, seem to have found a non-threatening way of inviting their associates, past and present, to express their true reasons for leaving, or considering leaving, the firm. Not surprisingly, misconceptions run rampant.

Over the last few years, I have spent a lot of time actively listening to young lawyers (“YLs”) talk about the ups and downs of their jobs. Some common themes have emerged from those conversations, a few of which I thought I’d share in the hopes of bridging the communication gap and, perhaps in the process, helping to build happier, more stable working relationships for YLs and their employers.

Unspoken Expectations: More often than not, the only expectations that are clearly expressed to young lawyers are billable targets. Project-specific expectations (and timelines) are often poorly expressed, if at all. Professional benchmarks are rarely provided and issues are not usually addressed in a timely or constructive manner. The combination of working long hours and feeling like a constant disappointment does not a happy human being make, and it’s particularly hard on YLs, who are used to being the smartest kid in class. YLs would do better if professional and project-specific expectations could be clearly delineated, feedback (both positive and negative) regularly given and criticism expressed in a constructive, educational way.

The Importance of Personal Loyalty: Paycheques aren’t enough to retain associates – they are available everywhere (including outside the legal profession). The key question for any firm considering the issue of associate retention is: what do we offer that is sufficiently unique to make the YLs want to stay? One of the most powerful motivators is personal loyalty: by making a YL feel like a valuable and respected part of the team, a strong bond is created between the YL and other members of the firm. Making sure that your YLs are well informed about the nature of the projects on which they work, including the client’s needs and expectations, and where their task fits in the big picture, are effective ways to make a YL feel engaged.

Cracking the Work-Life Balance Code: YLs expect to work long hours and to wrestle mountains of work. What they crave is some control over their time, so that when they commit to a time to be at home, a meeting, the daycare, or the gym, they are not constantly forced to be late or cancel at the last minute. YLs know that genuinely urgent matters will come up and are happy to help out. But taking YLs for granted is not just forgetting to say thank you (see Warren Smith’s article in August’s BarTalk) but consistently failing to anticipate deadlines and then being intolerant about prior commitments. When constantly asked to choose between work, people, and activities that bring joy, relieve stress, and promote health… well, work will undoubtedly win some battles, but it won’t win the war. To level the battlefield in their favour, employers should create a work environment where YLs can experience pride and personal satisfaction, secure in the knowledge that the considerable time and effort that YLs invest will, at least in some measure, be reciprocated by their employers with respect and reasonable flexibility.

Marika Giles, Young Lawyers Officer, CBABC Executive Committee

This article was published in the October 2006 issue of BarTalk. © 2006 The Canadian Bar Association. All rights reserved.