A Survival Guide for Legal Practice Managers

A Survival Guide for Legal Practice Managers

Creativity is the key to adapting and innovating in the changing legal landscape

Tuesday, September 19, 2017

By John Ahern, CEO, InfoTrack

There’s no denying the increase in the push for technology adoption in the workplace (and outside of it) since the turn of the century. Almost two decades in and this push has evolved into a necessity, leaving late adopters at risk of falling behind. According to not-for-profit organisation P21, the key skills of the 21st-century are communication, collaboration, critical thinking and creativity – the 4 C’s. In anticipation of this year’s ALPMA summit, ‘Sailing the 4 C’s’, ALPMA and InfoTrack surveyed over 100 firms in Australia and New Zealand to gain insight into how well Australasian law firms were embracing the key 21st century skills of communication, collaboration, critical thinking and creativity.

According to the research results, lawyers and law firm leaders are better at critical thinking than they are communicating and collaborating, while most are ineffective when it came to finding creative solutions. These results are not surprising, but they indicate that the legal industry as a whole still needs to modernise its mindset.

Creativity is not ‘arts and crafts’; it’s the starting point for innovation and the key to not just surviving but thriving in the new legal landscape. You should be thinking creatively when it comes to the other C’s as well – how can you differentiate yourself when it comes to communication, collaboration and critical thinking? What new things can you bring to your firm as a business to provide a better service to your clients?

The survey results indicate firms are all at different stages of the journey and looking for ways to improve these skills. As an innovative technology company, we live and breathe the 4 C’s and understand how each component impacts your success. Bearing this in mind, I’d like to share with you some tips on how you can further embrace the 4 C’s in your legal practice.

Communication

How do you open communication while maintaining focus and minimising noise?

  • Create an inclusive culture where staff feel safe sharing ideas. When you make an effort to understand your staff, their working style and what motivates them, you create an environment for open communication. At InfoTrack we’ve conducted employee profiling workshops which have helped our employees not only better understand their own working style, but how they can enhance communication with their colleagues.
  • Create clear outlines for afterhours communications to minimise noise. Ensure your employees know when and why to use certain channels. I’ve worked with many firms who have policies around what certain communications mean at certain times. For example, if you send an email afterhours, know that it won’t be read until the next day. If you text afterhours, know that you’re interrupting someone. If you call afterhours, know it will be treated as an emergency. Set these boundaries to avoid entering a never-ending loop that can cause burnout.
  • Set aside specific time for staff to talk to partners. This is a common strategy I’ve come across that is a great way to encourage more efficient and effective communications. I’ve known some principals who set aside specific hours each week to open the floor to questions from anyone, either via conference call, open door policy or simply being available on their phone during their commute to or from work.

Collaboration

As we become more digitally dispersed around the world, the need for effective collaboration increases. Clients are used to doing almost everything online and that includes legal services now. The younger generation of employees at your firm expects collaborative software and online tools.

How do you maximise collaboration in the digital age?

  • Use platforms that enable you to provide your clients with transparent and mobile service. Many firms are beginning to use portals which enable clients to view all documents and searches related to their matter online.
  • Move processes online to allow for document sharing and better integration across your firm. A lot of firms are beginning to implement Office 365 and other platforms that enable online collaboration across teams.

Critical Thinking

As lawyers, you are pros at critical thinking when it comes to legal projects, but you often forget to use that same critical eye when it comes to business decisions.

How can you implement critical thinking from a business perspective?

  • View technology as an enabler and figure out how you can make it work for you. I’ve been travelling across Australia to educate the market on e-Conveyancing and it’s a classic example of scalable technology that firms of any size can adopt. There’s a way for every single firm to make it work for them, it’s just about giving it a try and working with suppliers to find the solutions that fits your firm.
  • Approach new opportunities with solutions not problems. I’ve been in a number of boardrooms with major law firms while they’re deciding if they should invest in new technology. Firms generally fall in one of two camps; they come to the table with 100 reasons why not to implement it, or they come in determined to find a way to take advantage of a new tool and differentiate their business.

Creativity

Of the four key 21st century skills, creativity was the least strongly-valued skill. Effectively adopting creativity in your law firm gives you a competitive advantage in the overcrowded sea of competitors.

How can you foster creativity in your firm?

  • Turn everyone into a thought leader, don’t just rely on partners to lead the way. Empower your employees to suggest process changes, to research new tools, to get their voices out there and to always be looking for ways to improve the business.
  • Differentiate your firm and develop new ways to drive more business. I’ve seen firms who’ve implemented iPads at reception that can show clients their matter and a list of all related documents. Others have created bespoke client portals and others are digitising processes to provide a more modern experience for their clients. When you can provide clients with a quality, modern, streamlined experience, they’ll recommend you to their friends.

In an industry that’s constantly being disrupted, the 4C’s are pivotal to your success because they underpin innovation and allow you to be adapt to the changing market. The survey revealed that many firms are focusing all their efforts internally and failing to rely on partners and suppliers in this journey; remember that you’re not it in alone. Lean on your suppliers and demand more from them. Invest in vendors who are investing in their technology and providing you with new solutions that are innovative, flexible and make your life easier. The right vendors will help you develop the 4C’s.

When you’re looking at new suppliers, thinking about new projects or implementing new processes, make sure you ask yourself:

Is this going to help me differentiate my business?

Is this going to enhance the way I interact with my clients?

Is this going to enable me to innovate?

Is this going to help me problem-solve more effectively?

Editor's Note

research front coverThe ALPMA/InfoTrack 21st Century Thinking at Australasian Law Firms research measures how well Australasian law firms are embracing the key 21st century learning skills of creativity, critical-thinking, communication and collaboration, as defined by the influential P21 organisation. You can download your copy of the results here


About our Guest Blogger

John AhernJohn Ahern is CEO of InfoTrack, proud principal partner of the 2017 ALPMA Summit.

John joined InfoTrack in 2015 as the Chief Technology Officer taking charge for establishing the company’s technical vision and leading on all aspects of InfoTrack’s technology development. John was appointed to the role of Chief Executive Officer in May of 2015 where he is now responsible for maintaining the extensive growth of InfoTrack in the Australian market.

John has over 20 years' experience in the Information Sector, having worked in a number of engineering, sales and executive positions. With a strong technical background, he has vast experience in designing and developing products and has delivered platforms from inception to production.

The importance of being curious!

Tuesday, August 22, 2017

By Matthew Hollings, Senior Business Development Manager, Law In Order


For all the hype around increased technology adoption within the legal industry, it is still incredibly common to find the more traditionalist approaches still being applied to even the simplest of legal functions. Review of email data, or .pst files, being one of the more typical examples we see at Law In Order.

However, I always look to remind myself that going back a few years, to my time as a practising lawyer, I too was none the wiser as to the alternative ways I could potentially approach and undertake some of the legal tasks I carried out day to day, such as the review of emails. The standard (manual) approach; of printing, ordering, reviewing, flagging, indexing and then producing a volume(s) of relevant documents, was the one that, despite its inefficiencies, was still widely considered as effective, and certainly the agreed approach. And because that approach didn’t make the task practicably impossible, there was no incentive to change.

But there is one thing that my time in the legal technology industry has taught me and that is to question everything, preferably well before the platform burns below you. We are currently in a golden age of technology, and one which is having significant impact on the legal industry. Those who begin to be, and remain curious are those who will stand to benefit from the adoption of technology, and ultimately stay ahead of the game.

I certainly regret not questioning more as a lawyer; had I maintained the same curious outlook I had as a student, I may have discovered that our approach to things like email review, could have been completely transformed, automated and accelerated.

Having had many conversations with lawyers and legal professionals, at varying levels, and from various areas of practice, I know that remaining curious is sometimes difficult to do given all the other pressures you face on a daily basis. However, at Law In Order, we see first-hand how those that are committed to gaining a better understanding of available technology tend to be seeing tremendous benefits in their day to day work. Those benefits can stem from something as simple as the email review acceleration, through to more advanced solutions such as process automation and machine learning.

So as a lawyer, or someone working within or related to law (whether that be in private practice, in-house or government), make it your responsibility to drive technology exploration and adoption in your day to day work, in your practice group and in your firm – stay curious!

Editor's Note

Law in Order are the proud Pre-Summit Workshop Partner for "Personal Productivity in the 21st Century Workplace" by Dermot Crowley on Wednesday 13 September at Brisbane Convention and Exhibition Centre. This highly practical and inspiring session will help participants to create a productivity system that will boost their productivity and leverage their technology. You do not have to be attending ALPMA Summit 2017 to attend this workshop. The workshop costs $395 for ALPMA members or $495 for eligible non-members. Places for these workshops are strictly limited so register now! 

About our Guest Blogger


Matthew HollingsMatthew Hollings is a Senior Business Development Manager at Law In Order. Law In Order is an international legal solutions provider who specialize in legal document production, managed discovery services and eCourt/eTrial technology.
Matt joined Law In Order following his experience as a lawyer in the litigation team of a national law firm and one of Australia’s leading financial institutions. At Law In Order, Matt is tasked with driving change within the legal teams of private practice firms, government agencies and corporates. By using his prior experience as a lawyer he aims to educate the modern legal professional about alternative technological workflows available to them that look to solve the daily challenges posed by an increasingly complex legal landscape.



Invest in Yourself

Tuesday, May 30, 2017

By Stephanie Beard, Human Resource Manager, Harwood Andrews


"What can you do to ensure that you are ahead of the game and you can play above the line?"

Don’t wait for someone else to provide you with opportunities for your professional development, take responsibility for your own career path. Here’s how:

Never stop learning

One thing that we can take control of is how much we want to continue to learn.

It is a competitive world we live in, and committing to professional development can set you apart from your competitor. It can be your point of difference.

It also builds confidence and self-belief. Look for things that are going to give you a broad perspective. Read as much as you can. Social media also provides a fantastic platform to follow thought leaders.

Take control of your career path

The first step is simply to write it down! You need to answer the following questions:

  • Where you are now?
  • Where you want to get to?
  • What you need to do in between?

Really identify where you want to be and how you are going to get there… then fill in the gaps.


But before you do this, you must identify your strengths and the areas where you need further development. Ask yourself the following questions and be honest with your assessment.


Some questions might be -

  • How do I rate my ability to do the job? Where are the gaps? What do I need to focus on?
  • Can I build relationships easily, am I liked and respected?
  • Do people want to follow me? If not, why not?
  • What do I need to do to improve my leadership and interpersonal skills?
  • How do I rate my personal drive?
  • How much time am I prepared to commit to this?


Back this self-review up by seeking out some feedback from other people that you trust, both internally and externally - mentors, HR Managers, Principals and supervisors can all offer valuable insights to help you progress your career.


Review and Adjust

Review your progress and, if necessary, adjust your goals. Start undertaking professional development targeted at addressing your weaknesses and supporting your desired career path. This does not have to be overwhelming - you can start with small goals. Remember that professional development doesn’t take away time, it adds value. It is an investment in yourself and your future – you deserve it!


Professional development comes in many forms

Professional development is not just about advancing your technical skills in what you are doing; it is a whole range of things. Don’t forget to look at your less tangible skills. While it is important to continue to develop and enhance your technical skills, don't neglect building stronger interpersonal skills, emotional intelligence, communication and negotiation skills. The importance of these softer skills in moving your career forward cannot be under estimated.

Have the courage to put yourself outside of your comfort zone; this is when you will grow both personally and professionally.

It can be as simple as joining a professional membership association within the industry that you are working in, learning and consulting with your peers or attending networking events. Speak to your mentor, shadow someone that you aspire to be and learn from them.  Read as much as you can - this is a must!


What have I done?

I have been a member of ALPMA for many years, which has enabled me to deepen my understanding of the legal sector - from understanding trends in the macro environment to driving change in the micro firm environment. It has also given me the opportunity to meet some wonderful like-minded people, where I have formed some great friendships and working relationships with people who I know I can trust and rely on for assistance and support.

I regularly attend conferences where I have been inspired by great speakers from all over the world. Sometimes that is just what I need to reignite my passion and to continue being the best that I can be. You can learn so much at a conference, and it provides a broader perspective. No matter what you are doing, you need to understand the business from a holistic approach. I always walk away from these events with some key take-aways which I can take back to my work place.

I have been involved in the ALPMA Summit Committee for the past three years, where I have been able to learn from my fellow committee members who work in different areas of the legal industry - which has provided a broader perspective. This has also given me the opportunity to chair a panel session and to present at national level. This was outside of my comfort zone, but I felt that real sense of achievement by doing it.

I am a certified member of AHRI, the national body for human resource management and I am involved in the Geelong Regional Committee for AHRI.

I read a lot. I follow the top fifteen thought leaders and coaches in the world on Twitter and LinkedIn. I take the opportunity to read and share articles on Twitter, LinkedIn and Facebook.

Personally, I also invested time in formal study which I paid for myself. I have undertaken two Masters Degrees, an MBA (with a major in HR) and an MBC (Masters of Business Coaching). Undertaking these studies has enabled me to form lots of networks with people outside the industry that I work in. I left school at 16 and returned to study in my early 40’s. Anyone can do it if the motivation is there. Full time work, study and managing a home life was difficult to balance, but I was determined to succeed because I wanted to!

Share your knowledge

Don’t forget to share your knowledge when you do get the opportunity to attend a seminar or a conference, or you have read an inspiring article. You can do this in many ways. Sharing articles on your intranet, writing a report to your Board after attending a conference or taking the opportunity to present at a lunch and learn session. This will help you demonstrate the firm's return on investment in your professional development, help position you as a thought-leader at the firm and encourage others to seek out new ideas.

I have done all the above and, as a result, my firm has sponsored me to attend both the ALPMA Summit and the AHRI National conferences for many years. I know that I am a better HR Manager because of attending seminars, conferences and participating on committees. It is a win/win for both myself and for the firm as I gain a better understanding of what is happening from a global point of view in the world of business and I share that knowledge.

This is the challenge:

Having read this post, ask yourself “What am I going to do to invest in my personal development?"

Take responsibility for your own career now. Don’t wait for someone else to do it for you, by then it might be too late!


About our Guest Blogger

Stephanie BeardStephanie Beard is the Human Resource Manager of Harwood Andrews where she provides both strategic and operational support to the business. Stephanie holds a Masters of Business with a major in Human Resources Management together with a Masters of Business Coaching. She is a passionate HR professional who works closely with the CEO and shareholders of the business to build a positive and supportive culture where everyone can be the best that they can be.





Should I stay or should I go?

Tuesday, May 16, 2017

By Michelle McColl and Maura McConnell, Co-Proprietors, In2view Recruitment


There are promising signs that the employment market is picking up in the legal sector.

According to the results of the latest ALPMA Australian Legal Industry Salary & HR Issues Survey, an increasing number of Australian and New Zealand law firms plan to hire new staff in the next twelve months.  In Australia, this number has jumped by 20% - with 51% of firms indicating they plan to recruit new staff in the next 12 months, compared to 31% last year.


For the first time since the survey commenced, the number one HR issue identified by Australian firms was employee retention and talent management, closely followed by 'finding good staff'.


A more buoyant employment market obviously presents both an opportunity for those who are considering changing jobs and a threat to employers.

Counter Offers


As recruiters, we are seeing an increase in the number of counter offers offered to employees who have been offered a job elsewhere to encourage the staff member to stay.  Counter offers can be presented in a number of ways, such as a salary increase, promotion, opportunity to earn a bonus or other incentives/benefits.

 

Managing Counter Offers

 
If you find yourself in this position, there a number of things to consider:


Counter offers add a layer of complication to the recruitment process, and leave you wondering whether maybe you owe something to your current employer, and that maybe things will improve if you stay.


Consider why?


The first thing you should do is consider why the offer has been made by your employee.


Typically, counter offers are made because:


  • replacing you will be an expensive and time consuming exercise;

  • your employer will lose all your knowledge, experience and expertise;

  • your employer requires you to complete the project on which you are currently working;

  • your employer does not have the time and resources to re-train a replacement;

  • losing staff may reflect badly on your manager/employer.

Consider what next?


You need to consider that now your employee knows you have been considering leaving, relationships may be strained moving forward.  Following your resignation, your loyalty and commitment to the business will be in question, and you may be treated differently. 


Your employer may begin seeking a replacement, regardless of whether you stay or leave.


Also consider why you are being offered this new package now, rather than prior to your resignation?


It is also important to reflect on why you felt motivated to move in the first place.  In what ways is your new employer an improvement on your current employer?  Why do you want to work for them?  What opportunities does the new position offer that cannot be matched by your current employer?


Finally, research reveals that most people who accept a counter offer are likely to leave their job within six to 12 months in any case. 


Are you just deferring the inevitable if you accept the counter offer?


In the end, the decision will come down to what is best for you and your career moving forward.  Good luck!


Editor's Note

ALPMA 2017 Salary & HR Issues surveyIf you would like to learn more about the 2017 legal employment market, salaries offered for legal, management and administrative roles at Australian and NZ law firms, bonuses and benefits paid and the biggest HR challenges facing law firms, then purchase the 2017 ALPMA Legal Industry Salary & HR Issues Survey Report.  This survey is available for $550 (incl GST) for ALPMA members or $2,200 (incl GST) for non-members.  If your firm participated in this research, you have received a complimentary copy of the report.





About our Guest Bloggers


In2view
Michelle McColl and Maura McConnell are the co-proprietors of In2view Recruitment, which opened its doors in 2008.  Between them, they have in excess of 40 years’ experience in the recruitment industry, gained across many industry sectors.  In2view are ALPMA SA Corporate Partners and the SA State Partner for the 2017 ALPMA Australian Legal Industry Salary & HR Issues Survey.







4 ways collaboration will shape the legal industry in 2017

Tuesday, May 09, 2017

By John Ahern, CEO, InfoTrack


InfoTrack recently interviewed a number of industry leaders on their predictions for the legal industry in our 2017 Legal Predictions eBook. One of the common themes across the board was the important role collaboration will play in the future of the profession from technology through to continued support for mental health.


Collaboration is also one of the key learning skills that will be central to the 2017 ALMPA summit - working effectively and efficiently with others, sharing knowledge, talent and experience to achieve desired outcomes. As the disruption and digitisation of the legal industry continues, methods of collaboration will evolve to shape the profession in new ways.

Cross-blending of professions


Today's lawyers have more diverse academic and professional backgrounds than ever before. The traditional arts degree is no longer the norm, and those entering the profession are bringing varied skill sets. Firms have begun to recognise the value in other specialised backgrounds that can translate to higher levels of understanding and communication. This can help differentiate service and create stronger rapports and trust with clients who can have confidence that they're dealing with someone who has more than just legal expertise.

Whether it's construction, computer programming or biology – different backgrounds are providing the next generation of lawyers with diverse skills and knowledge that they can share with others. Educators area also recognising the need for more diverse skills, with universities beginning to collaborate with technology providers to ensure that students are on top of the latest tools and understand how to integrate them into their practice.

Online collaboration


All the surveys we’ve conducted with partners over the past year indicate that firms are investing more in technology because they recognise that it is allowing for new levels of collaboration between lawyers, other professionals and clients. The InfoTrack/IPS Legal IT survey found that 2/3 of firms are offering client collaboration platforms and 95% recognise the importance of a mobile and flexible work environment. Firms are implementing tools to allow for easier collaboration not internally but with clients as well.

The property market is a perfect example of increased online collaboration. Governments across Australia have accelerated the digital transition of the property market. New e-Conveyancing technology is allowing lawyers, conveyancers, real estate agents, buyers and sellers to collaborate online to complete the contract, signing and settlement of property with greater speed, transparency, and convenience for all parties.

Cloud computing


The move to the Cloud will accelerate in 2017. The InfoTrack/IPS survey revealed two thirds of firms already have business-approved cloud strategies in place and 97% are considering key platforms that are cloud-based or fully hosted via SaaS arrangements. Firms have greater faith in cloud security as trusted providers have proven they're experts in data sovereignty

The Cloud helps with mobility, collaboration and business continuity by allowing firms a naturally connected model that can work on any device from any locations. It allows for a system that's scalable to changing client demands and volumes.

Mental health


All of the experts in our 2017 Legal Predictions project agreed that mental health is still a serious issue in the profession. Though New Law is introducing more flexible business models, competition is fiercer than ever and the pressure is high. Law is a naturally isolating and high pressure occupation. The "sink or swim" mentality leaves practitioners prone to anxiety and depression. Though there is more awareness and support, it's still an issue that is hard for many to discuss or be open about. Mental Health Month in October is a great way to bring these issues to the forefront and have firms work together to develop strategies and programs to continue to tackle this important issues. It will take collaboration both within firms and across the profession to continue to fight the stigma that surrounds mental health and create a more open environment.

The need for collaboration will continue to grow as the legal landscape evolves and becomes more global. The ability to work with anyone, anywhere will increase opportunity for shared knowledge, experience and learning.

Editor's Note

2017 ALPMA SummitInfoTrack are the Principal Partner of the 2017 ALPMA Summit, Sailing the 4C's, being held 13-15 September in Brisbane.
Registration is now open for the 2017 ALPMA Summit, and there are great savings for those who register early! Register now!
This year's Summit will help you ensure your firm is well-positioned for success in the 21st century. Our theme, Sailing the 4C's, focuses on the critical 21st century learning skills of Collaboration, Communication, Critical Thinking and Creativity, as identified by the influential P21 organisation.




About our Guest Blogger


John AhernJohn Ahern is CEO of InfoTrack, proud principal partner of the 2017 ALPMA Summit.

John joined InfoTrack in 2015 as the Chief Technology Officer taking charge for establishing the company’s technical vision and leading on all aspects of InfoTrack’s technology development. John was appointed to the role of Chief Executive Officer in May of 2015 where he is now responsible for maintaining the extensive growth of InfoTrack in the Australian market.

John has over 20 years' experience in the Information Sector, having worked in a number of engineering, sales and executive positions. With a strong technical background, he has vast experience in designing and developing products and has delivered platforms from inception to production.

Member Q&A with Dion Cusack

Tuesday, March 21, 2017

In this ALPMA member Q&A, we interview Dion Cusack, Corporate Services Manager at K&L Gates, and recently elected ALPMA Vice President, about his role and view on the legal sector.

What does your role as Corporate Services Manager entail?

My responsibility includes property, facilities, client services, office services, work place health and safety, file audits, risk, quality and business continuity for K&L Gates across Australia.  Basically, it is my job to make sure that everyone at the firm is supported and safe, to keep the lights on, to minimise our risk and ensure we comply with our quality standards.

What motivates you?

I am motivated by delivering the best and most efficient services I can for the firm.  This means I spend a lot of time researching, and working with other areas within the firm to ensure that we are implementing and maintaining best-practice processes and technologies that can support or enhance our service delivery.  This can often involve implementing changes to how services are delivered or provided at the firm, which is challenging and rewarding.   But I enjoy making things happen, bringing people along on the journey and keeping a strong, positive outlook.  My focus is on doing whatever needs to be done to within my domain to ensure the firm achieves its objectives in what is quite a challenging and evolving environment at the moment.

What do you think is the biggest challenge facing law firms right now?

I think firms are facing challenges on several fronts - with increased competition from global and 'New Law' firms combined with pressure from clients to introduce alternative fee arrangements, reduce overall legal spend, and for law firms to provide greater overall value to their clients. Law firms need to reduce the cost of delivering services, at a work product level, and one way to do this is by utilising technology in new ways to introduce efficiencies, as will as ensuring that other business costs are contained.  Firms also need to focus on tangible ways to demonstrate their innovativeness.  All firms say they deliver quality services - but firms need to be able to clearly show and articulate their unique value to their clients.  

This challenge is not new, but remains ever relevant, in that firms also need to fight the war for talent and ensure they have a compelling value proposition for staff which goes beyond just remuneration.  This involves looking strategically at work/life balance and introducing flexible working models for both women and men, and providing tangible support to achieve this, such as technologies that enable working from home to be practical, including supportive leave and other policies.

What are you looking forward to in your role your as ALPMA Vice President?

I am very excited by the opportunities to expand ALPMA's presence in Asia and to extend our collaboration with other bodies with a shared interest in legal practice management and managers. ALPMA is very much focused on its community, and we will continue to look for new ways to encourage engagement and interaction within our community.  I think ALPMA also has a very strong role to play to as an authoritative voice to guide and lead law firms through these changing and challenging times.

Editor's note:


If you would like to know how your firm's compensation strategy compares to similar firms and obtain compelling insights to help you shape your employee value proposition, then participate in the ALPMA Legal Industry Salary & HR Issues Survey

Participation is free and open to all Australian and New Zealand law firms until 31 March, 2017.  

Participate now








About our Guest Blogger



Dion has been the Corporate Services Manager at K&L Gates for the past eight years.  Prior to this, he held accountability for financial and operational management and performance across a variety of organisations and industries. 

He has been a member of the ALPMA Board since 2014, and was recently elected Vice President.  He also serves as the Victorian Chair of ALPMA. 

A seasoned professional leader, Dion's pragmatic and critical thinking skills enable him to achieve innovative, fresh, commercial outcomes that are well calculated, timely, appropriate and original.  

Complemented by skills in human resources, technology, client, brand, strategic development, governance, business improvement and change management, Dion has also acquired specialist skills in audit, compliance, insurance, risk and business continuity management, corporate and commercial law. 

In his spare time, Dion is the founder of a successful real estate investment, development and management firm.




Developing an effective remuneration strategy for your law firm - a mixed bag of lollies!

Tuesday, March 14, 2017

By Emily Mortimer, ALPMA Board Member


Rewind back to when local shops sold mixed bag of lollies – remember the excitement of not knowing what you were going to get for your hard earned dollar? Will you get what you want – or will your friend get all the good ones? Well fast forward to the 2017 remuneration landscape and this is shaping up to be that exact same feeling.

Let’s look at why this is occurring. There has been limited movement in the market when it comes to legal remuneration recently. According to the results of the 2016 ALPMA salary survey, wage growth for the previous 12 months was 2.8%, down from 4.6% the previous year. This sluggish wage growth is consistent with the Australian economic climate and the changing legal landscape in which we work, so a sound and sensible approach to remuneration was appropriate. But are we ready to move on?

The Global Financial Crisis (GFC) of 2008 still looms as a hangover, we have lost a booming resources industry to a scaled back model, ‘new law’ is challenging the traditional law firm model and overheads and the costs of doing business are being very tightly managed by law firms. These are all realities to consider when preparing the remuneration strategy for your firm. However, whilst it is important to know what is happening in the market we all operate in, the real driving force in change in the 2017 remuneration strategy must be securing the talent your firm needs to operate effectively and profitably.

Again, take a trip back to 2011 (ish) – the year the industry battened down the hatches – some reduced graduate intakes, some scrapped clerk programs and there were a large number of firms who froze salaries altogether. Now return back to 2017 and the job boards are filled with lucrative offers for certain classifications of lawyers at 4-6yrs post-qualification experience some with some fairly hefty lures of high remuneration not seen since well before the GFC. 

How do you deal with sections of your firm which are underperforming due to tough market conditions but where you need to retain key talent? Think your standard 2%-4% pay increase is still going to cut it? The legal landscape continues to change but we need to respect this is the norm and standard remuneration models cannot continue as they always have and data driven decisions have become key when preparing for remuneration forecasting. 

The salary surveys, and particularly this year’s ALPMA Legal Industry Salary & HR Issues Survey, provide a solid foundation to building your remuneration strategy - but what can you do between now and when the results are released?

1. Budget Forecasting


As the person who will drive the remuneration process, have early discussions with those in your firm who are responsible for the budget forecasting. Where is your firm revenue forecast for 2017/2018? What overheads need to be managed? What are charge-out rates going to be set at?

2. Do your homework


What are your firm’s current salary ranges? Are your salary bandings sitting in the low, mid or high percentile based on last year’s survey results? How does this align with your firm’s market positioning? Where can your firm afford to sit with its 2017/2018 remuneration strategy? Spend some time on job boards and talk to specialist legal recruitment agencies to see what talent is sought after in the market.

3. Risk Manage


Remuneration strategy has a strong element of risk management. You want to ensure your best talent is rewarded for their contribution - you don’t want your best talent looking on those filling job boards - but do you know your risk ratio by mismanaging your remuneration strategy? What about those who have the potential to be top talent…those in the middle? How do you stop them from going elsewhere for being overlooked for not being there quite yet?

4. Get the low down


Employees will tell you what they expect. Some will have done their homework (or some will have had recruiters tell them what they are worth!) and present solid business cases for their remuneration expectations to be met. Others will pick the top of the band and hope for the best. Whilst others may just sit back and hope for the best. So you need to ensure that your development discussions hold the opportunity to find out what employees expectations are. Some firms have a hush-hush policy on remuneration being discussed in a development review – don’t make life hard for yourself. Arm yourself with as much anecdotal and empirical data as you can, and you will find yourself having less discussions post distribution of remuneration outcomes.

5. Be realistic


Start discussions with partners and employees as early as possible. Firms can only afford to pay so much before they start to have to look at reducing overheads, which can lead to unwanted redundancies. If your remuneration process is going to struggle to keep up with what the market is showing through job boards and anecdotal conversation, then explore and communicate your firm’s strategy early so there is no surprises. Are there signs of improvement - just not enough confidence to know the good results are staying? 

One approach to all this could be to consider a partial remuneration review for July and another in January 2018. What are the benefits that your firm offers that those with high salaries can’t emulate? Money isn’t everything and sometimes we need to remind employees of the non-monetary advantages that we have in our individual firm environments.

So will your firms be handing out fantales or will it be the disappointment of a bag of black cats you give away this year….only time will tell?

Editor's Note

2017 Salary Survey imageThe 2017 ALPMA Legal Industry Salary & HR Issues Survey is now open for participation by all Australian law firms. The survey provides a comprehensive, independent review of salaries paid for legal, management and support roles at Australian and New Zealand law firms, broken down by location and firm size so you can compare compensation strategies with like firms.  The survey also reveals the hottest HR issues and challenges for the legal industry in Australia.

This year's New Zealand Survey is proudly supported by McLeod Duminy. The Australian survey is proudly supported by In2View Recruitment, IPA, Kaleidoscope Legal Recruitment and KBE Human Capital.  

It is free to participate, and all firms that complete the survey will receive a complimentary copy of the research report, valued at $550 for non-participating ALPMA members or $2,200 for non-members. The survey is open until 5pm, Friday 31 March.




About our Guest Blogger


Emily Mortimer
Emily Mortimer is an ALPMA Board Director and member of the board’s Salary Survey Sub-Committee, along with Emma Elliott (ALPMA WA) and Mark Beale (ALPMA NZ). In this role, Emily has provided significant input into the questions covered in the survey, drawing on her extensive legal industry and HR experience. Emily also currently serves as the Chair of ALPMA’s SA Branch, and has been a long-standing member of the ALPMA SA Branch Committee.


The Other 50%

Tuesday, March 07, 2017

By Kirsty Spears, Specialist Legal Recruiter for McLeod Duminy 


The picture of US President Trump signing an Executive Order that will largely affect women, without a single woman in the room has become infamous and highlights why achieving gender diversity remains an ongoing problem.


The 2016 ALPMA/ McLeod Duminy Legal Industry Salary & HR Issues research indicates a mere 16 per cent of NZ law firm equity partners are female. The figure rises only slightly to 17% in Australia. This despite female law graduates outnumbering male law graduates for more than ten years to date in both countries.

gender imbalance AUs & NZ

But this is simply not translating into leadership. Roughly two thirds of non-partner lawyers in firms across the region are female and it can’t be a recipe for success if law firms are effectively picking leaders from one third of the talent in the firm.

Research shows the gender gap won’t just correct itself, even when the numbers seem to force the issue. The opportunity missed is not just for women; it is also for firms and their clients because:

  • clients increasingly want firms to reflect their own efforts on diversity. E.g. a recent utility company pitch placed a great deal of emphasis on diversity and in effect ruled out firms that didn’t have strong policy in the area;
  • female in-house counsel want the opportunity to do business with other women; and
  • there is strong evidence that there are economic benefits to a diverse leadership team because different perspectives create a better strategy.

Often the solution to helping/encouraging women into more senior roles is framed simply as needing more flexible work arrangements, but the wider issue is more complex than that. In fact, flexibility is the easiest change to make as long as there is an appetite for it and it works for all parties.

For example, the Managing Partner of a firm we work with realised that he spent more than a quarter of his time working remotely without it affecting his productivity and so he implemented a policy to allow others to do the same. The rule is simply that clients aren’t adversely affected.

Firms are getting better at investing in technology to enable employees to work remotely. There are great success stories and a new generation coming through that value time more than anything and expect connectivity as an every day part of their working environment.

There’s also a major shift for men these days as their partners increasingly choose not to, or are financially unable to stay at home and look after the kids. She is equally likely to have a successful career. Men also value family time and want to be able to be home for bedtime and stories.

There are a few practical things a firm can do to encourage better gender diversity:

Role models – there is some evidence that the women who do get to the top regard simply being an example as enough and they effectively ‘pull up the ladder’. Research by the American Bar Association also shows that from a very early stage in their careers, more resources are dedicated to developing male associates. There needs to be a specific program aimed at female associates where senior staff are accountable for measurable results. It is not enough to ‘take someone under their wing’.

Unconscious bias – this comes about mostly at the recruitment and promotion stages. It comes in two forms. Affinity is looking for people in your own image and confirmation is a reflection of one’s own beliefs. This needs to be something that is acknowledged and recognised.

The best way to combat it is to have formal processes, set steps and strong criteria. There needs to be more behind the decision-making than someone ‘doesn’t have what it takes’. An easy first step is to include several different people in the process in the first instance. More extreme measures can include blind CVs and electronic screening.

Male vs. Female traits – stereotypically male traits, e.g. assertiveness, logical thinking etc., could more or less describe most people’s idea of the perfect lawyer. As well as challenging
those stereotypes, we need to start valuing traditionally feminine attributes e.g. language skills, empathy and the ability to multitask.

Giving women a platform to show off their skills – Females tend to wait for recognition whilst males are quicker to ‘boast’ about their achievements. Giving women a platform to show off a little will help them recognise their own strengths and bring them to wider attention. It also enables the firm to make the most of their talents.

During performance reviews, men tend to be good at looking after their own paths, whereas women tend to look after the firm. Most reviews look at billings, but when looking at overall team contribution, they tend to be nice things to talk about but not objectively measured. Firms need to look at how to better measure overall contribution because those who are more team orientated are likely allowing the big billers the space to work.

It seems law firms necessarily recruit more women because they enthusiastically join the profession. So doesn’t it make sense more than ever for these firms to ensure they are getting the very best out of their most valuable assets?

*Source: ALPMA/McLeod Duminy NZ Legal Industry Salary and HR Issues Survey Report 2016

Editor's Note

McLeod Duminy have partnered with ALPMA to support the 2017 Legal Industry Salary & HR Issues Survey in New Zealand. Participation is free and now open to all law firms in New Zealand. Participants receive the comprehensive report, benchmarking salaries for more than 60 roles at law firms, for free (normally $550 for ALPMA members or $2,200 for non-members). For more information about how to participate in the survey click here.



About our Guest Blogger


Kirsty SpearsKirsty Spears is a specialist legal recruiter for McLeod Duminy, based in Auckland. She has almost twenty years legal recruitment experience in the UK, Australia and New Zealand. 

You are welcome to contact her on +64 27 458 9888 or kirsty@mcleodduminy.co.nz









Moving beyond slips, trips and falls in WHS: Managing psychosocial risks at work

Tuesday, February 07, 2017

ICON - Compu-stor advert


By Dr Rebecca Michalak, Principal Consultant, PsychSafe


In 1835, four hundredweight of mutton fell from an overloaded wagon onto a butcher servant, dislocating his shoulder, breaking his thigh, and causing a number of other injuries.

The incident lead to the landmark Priestley v Fowler (1837) common law case. The jury debated, amongst other things, whether the defendant engaged in 'pigheadedness' – in other words, whether the butcher knowingly over-loaded the wagon, thus causing or at the very least contributing to the accident.


The resulting judgment in favour of the plaintiff effectively paved the way for changes in the meaning and extent of employer and employee safety duties and liabilities, setting a precedent, and arguably underpinning our modern workplace health and safety legislative framework.

Workplace health and safety (WHS) standards have come a long way since 1835, and you would be forgiven for thinking that employers have workplace safety issues pretty much under control nowadays.

Air quality sensors have replaced canaries in mineshafts, warning signs galore adorn stairwells and lunchroom boiling water dispensers, and ergonomic keyboards and chairs are omnipresent.

“Safety” also appears as a core value on corporate vision and mission statements across the country, often alongside the ubiquitous statement that “people are our greatest asset.”

Unfortunately, more-than-decade-and-a-half in management and HR roles tells a very different story. Rhetoric abounds, and, in my experience, if one scratches just a little bit, the shiny surface of these safety claims is exposed, revealing a decidedly lack-lustre reality.

In law specifically, no natural – let alone subterranean – assets exist. Think about it. The law is a common good. Your business does not own this good. Your strategic competitive advantage lies in how you use this common good to produce products and services, which requires knowledge-workers.

In the absence of knowledge-workers, your business is essentially sans assets. Sans revenue. Pretty much sans a business (ok, yes, we have Lawbot, for contracts. But Lawbot depends upon knowledge-workers, to create and run Lawbot).


Strategically, for what the OECD classifies as a knowledge-based economy, our current approach to WHS is far less advanced than it should be, and that we’d ever like to concede. While humans are considered the most advanced species on earth, our approach to certain aspects of WHS is still back there hanging out with the hominina. Aka chimps.


Don’t get me wrong – we do seem to be across the need to prevent physical injuries. You can (probably) give yourself a tick.

However, employers appear decidedly stuck in the ‘slips, trips and falls’ WHS era. The requirement to ensure workplaces are not just physically but also psychologically and emotionally safe remain poorly, if at all, understood, aspects of WHS law.

Unsurprisingly, when it comes to risk management of factors affecting psychological and emotional safety, otherwise known as “psychosocial risks”, workplaces fare….. well….. Not So Well.

In my experience, organisations are more likely to have detailed risk management / disaster recovery / business continuity plans for a ‘two Boeing 767’s flew into the office block’ scenario than they are to have strategies to effectively manage psychosocial risks. Ironically including the psychosocial risks inherent to the fallout of said crisis of plane into building scenario (did someone say survivor post-traumatic stress disorder…?)

This failure exists despite a plethora of empirical data and anecdotal evidence that employees are exposed to these risks on a daily basis, if not multiple times a day. Recent research suggests poor interpersonal and/or leadership behaviours, including mistreatment, sexual harassment, incivility and bullying, are common, and for all intents and purposes, culturally pervasive in legal. As in amongst lawyers, risk exposure affects the majority, and for some risks, exceeds 90%.

The above in mind, I suggest leaders and managers need to stop, consider and strategise, because:

Psychological and emotional safety is AS important as physical safety



Not an add on; not a nice to have. A legislated requirement. Firm and officer liabilities for negligence offences for failing to provide a psychologically and emotionally safe working environment are the same as for failing on the physical safety front. The terms “significant” and “severe” spring to mind. While Priestley’s £100 is ‘only’ about $18,000 in today’s terms, a Category 1 Reckless Negligence offence can now attract a $3m fine for the employer, and 6,000 units in personal officer liability (in QLD that translates into $600K). And/or five years in jail. Take your pick. D & O insurance does not cover WHS breaches by the way. It’s a bit like crashing your car while drink driving; no insurer covers that scenario. Oh, and much like simply having unsafe scaffolding up on a construction site is enough to attract a WHS fine even if no one has fallen off it (yet), a psychological injury does not need to actually occur for you to be considered recklessly negligent in failing to provide a psychsafe working environment.

Resilience and mindfulness are psychosocial risk fire blankies



I have seen some fairly questionable safety conduct in my time – including walking in on someone disconnecting a 920 kg drum of liquefied chlorine gas sans breathing apparatus – and without closing the live flow valve off first.

I’m pretty sure my sprint exit from that chemical storage room would have given Usain Bolt a run for his money. No, seriously. I think I flew.

But I have to admit I am yet to see an employee douse an office in fuel and set it on fire, only to joyfully pull out a fire blanket and declare “It’s all good” or “This is fun!” whilst attempting to smother rampant flames.

Tiered (read: “legitimate”) risk management plans should include, but not rely solely on fire blankies.

Resilience and mindfulness strategies have their place. But these strategies really only come into their own after exposure to the risk. After 400 weight of mutton falls on your servant. This approach is a little bit like wanting to be an after-the-fact accessory. To grievous bodily harm, manslaughter, murder.

I’ve noticed the legal profession has an unnatural obsession with fire blankies. They should probably see someone about that.

Failure to primary prevent is costing you – and/or your insurers – money. A lot of it.



Evidence suggests merely being exposed to psychosocial risks negatively impacts all five aspects of job performance, translating into (*cough* SUBSTANTIALLY) lowered profitability. Employees who merely witness a risk exposure event also suffer psychologically and job-performance wise, causing a ripple effect.


Decade-long trends also show amongst other confronting stats, psychological injury claims are not only the single disease-related category of injury on the increase, these claims are, by a loooooong shot, the most expensive claim type.

In addition, poor mental health is considered the elephant in the room in approximately 1 in 3 professional indemnity claims.

It is unsurprising that Worker Compensation and Professional Indemnity insurers have started to cotton on to the “pfffttt, but that’s what insurance is for” attitude to psychosocial risk management. A more eyes wide open and move on from current ‘community’ or ‘number, not cost of claim’ approaches to setting premiums is underway.

After all, it is logical a car insurer would probably have an issue with someone deliberately driving their Ferrari into a wall at 140kph thinking “wahoo, this thing is fitted with airbags.”

Life and income protection insurers are also unimpressed with the exponential increases in TPD claims coming out of the legal profession by those who self-select out and then are declared psychologically unfit to work. In many cases, ever again.

The slips, trips and falls approach to WHS is decades out of date. When it comes to psychological and emotional safety, 1964 does not cut the mutton; Times have changed. Failing to recognize, respect and proactively integrate these changes into your firm’s risk management plan is not only a display of ‘pig-headedness’, but also akin to being as old as Bob Dylan’s “The Times, They Are A-Changin”, and getting caught with your pants down. In public.

Does your firm have a psychosocial risk management plan? Is it tiered to cover primary prevention, early intervention and tertiary intervention strategies? Or do you rely on mindfulness and resilience strategies?



Editor's Note

psychosocial risk management imageWant to know more about managing psychosocial risks at your firm? You can watch Dr Rebecca Michalak's 2016 ALPMA Summit presentation Psychosocial Risks in Law Firms: Why Prevention is Better than Cure from ALPMA's On Demand Learning Centre for just $99, thanks to our 2016 ALPMA Summit On-Demand partner, BigHand.






About our Guest Blogger



Dr Rebecca MichalakDr Rebecca Michalak possesses over a decade of employment experience in senior management, consulting, and strategic human resources management roles in the private, not-for-profit, and public sectors. Rebecca's primary interests lie in strategic HRM, including values-based alignment practices, high performance cultures, change management, and psychosocial risk factor management. An expert in the field, she adopts a stress optimisation approach to employee performance that maximises productivity whilst minimising psychosocial risk to employees. Her perspective on managing human resources for strategic competitive advantage is knowledge-worker centric, and underpinned by social sustainability principles.

Dr Michalak holds a PhD in Business from the University of Queensland, a Master of Business Administration and a Master of Management Research from the University of Western Australia, and a Bachelor of Arts in Psychology with Honours (Organisational Psychology) from Murdoch University.

Rebecca is also a Certified Trainer and Assessor, a Certified Team Management Systems Practitioner, and University of Queensland Alumni Future Leader Program Awardee (2014). Her professional memberships include Member, Society for Industrial Organizational Psychology, Member, Australian Institute of Company Directors, and Certified Professional Member, Australian Human Resources Institute.

 

Personal Reflections on 2016 by ALPMA President, Andrew Barnes

Tuesday, December 20, 2016

By Andrew Barnes, CFO, Lantern Legal Group and ALPMA President


When I think back on our year with ALPMA it is difficult not to dwell on the success of our Summit, held in September at Etihad Stadium Melbourne. The event is growing from year to year and this year to have record levels of attendees and trade exhibitors being added to an exceptional program was something we are very proud of as an Association.

On day one there was something for everyone, but many people still think back to the power of the speech given by Catherine McGregor about her life, her challenges, her opportunities. How she interwove so many relatable snippets into one incredibly moving story was a highlight. We were also fortunate to have:


  • The inimitable Ron Baker as MC
  • Dr George Beaton again reminding us that to stand still will probably mean we go backwards
  • Matthew Burgess taking us down the ‘Lean Startup’ path and challenging us to change and ‘fail fast'
  • Dr Bob Murray reminding us that ‘praise is the biggest weapon in a leader’s arsenal for change’
  • Steve Wingert and Andrew Price talking about change management in law firms in real, relatable language


In 2016 we have maintained our commitment to undertaking research projects aligned with our six pillars of Learning and Development and also the Thought Leadership Award presented annually at Summit. There is often so much that falls from these projects that it can all be quite overwhelming, but our position at ALPMA is that these are not one-size-fits-all and that there is something for every firm to take away and work with. Firms have different cultures and different life cycles and therefore do not fit neatly into the outcome synopsis in research projects. I suggest you have another read and choose something to work with … small steps are better than no steps!

Our research for 2016 is summarised here:


  • Finding quality staff remains the top HR challenge for law firms, more work to be done on diversity and inclusion at firms etc 


Any thoughts at this time of year always extend to thanking our fantastic team of volunteers on our Board and various committees across Australia and New Zealand. Thanks also to our support staff across the Association who do so much behind the scenes to bring our programs to life. We remain absolutely committed to ALPMA’s core promise to members. We are continually pleased with the way our membership engages with the association and enables us to remain aligned with their expectations. As our Board tries to navigate a way through an ever-increasing competitive landscape for professional development providers, we strive to balance immediate member needs with those of an Association who is more frequently competing to hold its’ profile and standing on a national and regional (international) basis. Thanks to everyone who have contributed in some way to us having a great 2016!

As we look forward to 2017 we can expect more than just business as usual. We have provided branches with extra budget funds to develop local initiatives and enhance the offering. This should ensure the core promise to members remains a focus and that there is a greater value proposition through the branch networks. Our National Learning & Development group is planning new workshops to complement existing programs. Our Summit committee has already commenced planning for Summit 2017 in September in Brisbane. We continue to work on collaborative relationships with groups such as the Australian Law Management Group (particularly after the success of our joint foray into Singapore in November), College of Law, CPD for Me and others in this space. It is a challenging time for Associations such as ALPMA but with those challenges come opportunities and we look forward to exploring these opportunities with our members.

Thanks for being part of ALPMA in 2016 and I wish you and your friends and families the very best for the festive season.


Editor's Note

This is the last ALPMA blog post for 2016. We look forward to the weekly posts resuming on January 3, 2017.

About our Guest Blogger

Andrew BarnesAndrew Barnes is the President of ALPMA. He is the financial controller for The Lantern Legal Group Pty Ltd, which practices under the firm names of Sladen Legal and Harwood Andrews.  He works closely with the principals to deliver strategic planning, reporting and budgeting initiatives and applies his robust commercial skills to drive continued business improvement.  Andrew worked in public practice, as well as financial services and broad industry roles prior to joining the firm in 2003





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