Making Your Firm Retreat a Success

By Ellen Freedman, CLM

 

 There are a lot of lawyers who just don’t believe in firm retreats. I hear the feedback all the time. They’re seen as a big waste of time. One reason is because people get all hyped up at a retreat and come up with great creative ideas and make all sorts of commitments, and then … nothing. The post-retreat letdown can be devastating to morale. Another frequently stated reason for dislike of retreats is that they fail to get the real issues on the table or to resolve them if they do come up.

            It’s unfortunate that so many retreats are failures. They happen to be enormously powerful tools to build teamwork, resolve issues, improve morale and forge strategic plans. But as with any powerful tool, one needs to know how to use it properly.

            Most powerful tools come with instruction manuals; with care and practice, one becomes adept at using the tool. Retreats are no different. There are myriad excellent articles written about how to conduct successful retreats. Start your research with “Planning the Successful Retreat,” “Retreats Let Firms Face Themselves,” “Planning a Retreat to Tackle a Problem” and “Planning and Conduct-ing Retreats,” from Joel A. Rose & Associates (www.joelarose.com). Follow up with “Planning a Successful Law Firm Retreat,” “Rethinking the Law Firm Retreat” and “Retreat But Don’t Surrender” from Altman Weil, Inc. (www.altmanweil.com).

            If your firm has particularly difficult issues to tackle, consider using    an outside facilitator.   The facilitator is usually viewed as neutral, with no hidden agenda. Facilitators are experienced in the retreat process and help the firm bring difficult issues to the table in a safe environment. They ensure that all voices are heard and the stronger personalities don’t dominate. They help the firm resolve issues, not rehash them.

            I am still frequently surprised at how hard some lawyers work to avoid any conflict or confrontation at their firms. Is it possible to be too diplomatic? Yes! When there is no perceived outlet to air issues, firms often become dysfunctional. I liken it to an emotional constipation; left unchecked, it builds into incredible pressure that will ultimately cause pain and disability. This sometimes means that the facilitator must raise issues and say (diplomatically, one hopes) what key partners are thinking but are reluctant to say themselves. At some firms, the vision and experience of the lawyers are limited by their lack of knowledge about how other firms operate. Often the facilitator must interject a dose of reality at key points, based on experience garnered by working with many firms on a variety of assignments.

            One last advantage of using a facilitator is that it serves to remove the managing partner and executive committee members from the spotlight. They can become participants along with the other lawyers. This gives them more opportunity to hear what is really being said, express themselves more candidly and think more creatively.

            I am not a big fan of retreats that devote large amounts of time to fun and socialization. I think that firms should create opportunities for the lawyers to socialize, particularly the partners. But a retreat is not the place.

            Planned events throughout the year, like dinners and lunches hosted at different partners’ homes, offer a wonderful relaxed atmosphere in which to get to know each other on a more personal level. Planned outings to attend events and even to engage in mild sports are also wonderful opportunities to socialize — as long as, in the latter case, less athletic members can participate without ridicule for lack of talent. At one firm I know, regular wine tastings are a popular social event — they are held right at the office at the end of the week. But the retreat, in my humble opinion, is about airing and resolving issues, improving communication and strategic planning. The social time provided should be an opportunity for participants to exchange feedback on what has transpired and to formulate creative ideas to help achieve their vision of what needs to be done.

            OK, some of you are reading this and thinking, “Blah blah blah, been there, done it and it accomplished nothing. Tell me how we might be more successful at it next time.” Not to oversimplify or be overly obvious, but a successful retreat depends on three things being handled properly: 1) preparation, 2) facilitation and 3) follow-up. I find that if a firm works diligently, it can do a decent job on points 1 and 2 but usually blows it on follow-up. And that’s what causes the post-retreat letdown: Better not to stir up the creative juices at all than to do so and then just let them dry out.

            Preparation is one step most firms can do well on their own once they know what it entails. Most firms diligently put together information on the firm’s profitability, but the sophistication of the information can vary widely. Sometimes the information presented is the same as what one might discuss in a routine partners’ meeting — cash flow, past due receivables, poor billing habits, associate turnover. Those firms don’t get what the retreat should be about. At more sophisticated firms, the financial information presented shows a projection of best- and worst-case scenarios for future profits based on a variety of factors the lawyers can discuss and control. Information about growth in practice areas and the gain and loss of the firm’s top-ranking clients over several years can be reviewed. Firms thinking strategically will also examine the next 10 years with a projection of how many lawyers will retire and what that means today in terms of planning on filling those gaps in practice areas and in management.

            What is often missed in preparing for a retreat is determining what hidden issues are festering below the surface that need to be brought into the light. Many managing partners assume they know what their partners are thinking. But often critical issues are not openly discussed. For that reason, a confidential survey can be used to help people be more candid about what is on their minds. The survey results will help build the agenda for the retreat.

            As mentioned previously, a facilitator can be a strong addition to the process. That doesn’t mean that the firm needs one each year. But there will be years when serious interpersonal issues surface that require a disinterested party to navigate. What is most important is that the facility be conveniently located and comfortable, afford absolute privacy during meeting times and provide suitable facilities for socializing with a fair amount of privacy as well.

            The agenda should be followed as closely as possible. That means that adequate time should be built in for each topic. Sometimes, no matter how long the time allotted, it is not possible to reach a conclusion or resolution. In those instances, the person conducting the retreat should help establish the protocol to continue making progress. For example, a task force can be created and members can be assigned a clear list of marching orders, a deadline for reporting back and the format in which they will report (e.g., a partners’ meeting or written report to the executive committee). Even though the matter may not yet be wholly resolved, by taking these actions, a satisfactory conclusion will be reached during the retreat that enables everyone to move on to the next agenda item.

As many people as possible should contribute ideas and become involved as part of the implementation strategy. The goal is not to fill the plate of the managing partner with an overwhelming number of things to do and oversee. Rather, the goal is to share the workload by engaging as many people as possible in actively participating in the care and feeding of the firm.

            One thing that is going to make or break the success of the retreat is post-retreat follow-up. The greatest ideas in the room are nothing but folly if they are never brought to fruition. Action is key. So it is important to make sure that all ideas are examined for practicality. That is not to say they should be shot down. Rather, probing questions should be asked:

·        What actions need to be completed to make this happen?

·        Who will do what and by when?

·        Can those assigned to tasks realistically complete them given their workloads and other commitments? If not, what’s more realistic? Will it accomplish the same thing?

·        What resources are needed from the firm? Is everyone willing to commit the resources to give this a try?

·        What results should be expected? Are they realistic? Does everyone agree it is sufficient to consider this a worthwhile use of time and/or other resources?

·        Does the firm need outside help to accomplish this? If so, who will hire and work with that person and report back?

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It’s important to make sure that all ideas and related commitments are recorded and memorialized. It’s also vitally important that accountability be built into the follow-up.

Accountability means having to face one’s partners regularly and explain why commitments made have not been kept. It also means that all accomplished commitments — no matter how small — should be applauded by the partners. After all, progress is rarely (if ever) about making giant leaps forward. It is about making a continual number of small steps in the right direction.

 

 

Ellen Freedman, CLM, has served as the Law Practice Management Coordinator for the Pennsylvania Bar Association since 1999. In that capacity she assists PBA’s members with management issues and decisions on the business side of their practice, including areas like technology, human resources, risk management, setting up a practice and so forth. Members are encouraged to contact Ellen through the 800 “Hot Line” at PBA headquarters, (800-932-0311 x2228) or through email ([email protected]).

 

Ellen managed inside law firms for twenty years. Most of that time was spent in a mid-size (thirty+ attorney) firm environment. Ellen has achieved the designation of Certified Legal Manager through the Association of Legal Administrators. She holds a Certification in Computer Programming from Maxwell Institute, a Certification in Web Site Design from Temple University, and a B.A. from Temple University, where she also did graduate studies in Criminology.

 

Ellen has been a frequent author and speaker on law firm management issues on a national, regional and local level.