Dealing With Difficult Employees

by Terri Olson

Many lawyers are blessed with secretaries, receptionists, clerks and bookkeepers who are loyal, cheerful, and competent. But what if you're not one of the lucky ones? What if your employees disregard rules, make mistakes, have bad attitudes, and can't follow directions? In my last column I talked about how to open the lines of communication between you and your staff; here I'll discuss some ways to improve the performance of those less-than-perfect employees.

Make sure that the problem is not simply a communications failure. When a staff person doesn't do what you want, always start by asking yourself if you have truly communicated what you need to him or her -- never assume. A legal assistant who shows up late may have had a prior position where no one cared, so long as the work was done. A secretary who sets up appointments for you without checking first may not realize that you don't want it done that way. To be sure, a major benefit of hiring intelligent, experienced people is that you have fewer things to explain. But if it's one of those gray areas where others may possibly do things differently, don't hesitate to state: "In this firm it's important that everybody be here by 8:30 so we can get up and running early." "I really prefer to know in advance what my appointments will be."

Clearly explain which policies are most important to you and what will happen if the employee doesn't comply. Hopefully, you have developed specific job descriptions, so each employee knows what his or her duties are, and instituted regular performance evaluations, so each can know whether you feel your expectations have been met. Don't stop there -- you also have to communicate priorities and penalties.

For example, let's say you tell your secretary in an annual evaluation that she needs to show up on time, remember to dress professionally, and never give clients legal advice. Now, in most law firms that last item is a "hanging offense", but your secretary may not know that. It's important that you communicate to her that she needs to work on all these items or she won't be considered for a raise, but that if you hear her giving legal advice again (and explain what that means), she will be fired. This lets your problem employee know what the penalties are for all forms of her inappropriate behavior, and also which of those behaviors it's most important for her to change.

If your employee is intelligent, resourceful, and has a good attitude, but doesn't understand the work, train, don't replace. Many lawyers underestimate the difficulty a staff person may have getting up to speed in a new area of law. If you've hired a secretary with a background in insurance defense, and your practice handles nothing but bankruptcy, it's going to take time and training for her to understand the procedures and terminology. If you see to it that she has all available continuing education as well as your assistance in learning the ropes, you will be providing yourself in the long run with an employee who not only knows your practice but gives you the advantage of her other innate good qualities.

Try to get at the root of a bad attitude. It may be that your employee was just born mean. Many employees, however, use attitude to communicate what they perceive as unjust treatment or unfair wages. If an expected raise did not come through, if additional overtime starts becoming the norm, if a new attorney comes in who treats staff rudely, your staff may not confront you but may reveal subtle changes such as moodiness, tardiness, reluctance to accept new assignments, and so on. And, of course, a change in attitude can come about through problems at home or other personal difficulties, physical or mental illness, or substance abuse.

Don't jump to conclusions about the source of the difficulty, but do let your employee know that you have noticed. Ask if there is a problem. Some employees will at that point explain what is bothering them, and some won't. If they do, it may be something that you can (or should) fix, such as lessening your overtime requirements. Even if your employees will not communicate, you should use this opportunity to let them know that you hope they will feel free to bring all problems to you, but that their behavior has been observed and, whatever the underlying cause, it is not acceptable.

If possible, make the job fit the employee; don't make the employee fit the job. This is not intended to be as heretical as it sounds. I'm not suggesting that we rush to accommodate all of those who can't perform to our standards by lowering those standards. But I urge you to ask a central question: "Does this person have something valuable to contribute to my firm?" If the answer is yes, then there may be a way to maneuver your difficult employee from a position that he or she is not suited for to one where you will both be happier. This might be as simple as reassigning a secretary from having primary responsibility for dictation to a position where she had an opportunity to exercise other skills -- like research or telephoning clients -- for at least part of each day.

Recognize that firing an employee may sometimes be the best thing for both of you. Rarely are you stuck with an employee you loathe who adores you. Dissatisfaction is generally mutual, so letting them know it's time to move on may not be as painful as you envision. It's possible to handle this fairly gently, by sitting down with your employee and admitting that "it's just not working out" between you and that you feel "they would be happier somewhere else." You should also realize that regular employee evaluations may have the same effect: those who receive consistently poor evaluations often take the hint and begin to look elsewhere.

If you fire employees too often, however, you need to look at yourself and ask why. The world is full of competent people; if none of them ever seems to work for you, something is wrong. Are you not weeding out unsuitable candidates before they are hired? Do you provide an inaccurate picture of working conditions and duties? Is the salary you offer too low to attract qualified personnel? Are your expectations unreasonable? Think over these issues before you hire your next staffer, so you won't have to deal with the problems later.

Questions on managing your law firm? Call us at (404)527-8773. As always, the Law Practice Management program welcomes comments and suggestions.

Terri Olson is the former Director of the Law Practice Management Program.

This article was originally published in the Georgia Bar Journal, December 1995, Vol. 1 No. 3, p. 31