| Welcome to AM's HR Corner featuring a rotating group of AM's Human Resource experts on issues of recruitment, performance, employee matters, retention and human resource issues facing lawyers and their employers. |
| What is the Difference Between Performance Management and a Performance Review? Performance Management is a process that encompasses performance review. Performance Management links the business strategy and objectives with the employee’s objectives and development. Companies that have a true Performance Management approach usually outperform competitors and have stronger financial results. Let’s consider the traditional model – the dreaded annual review. That’s when you try to sum up a year’s worth of work on a form to get us pesky HR types off your case. Instead, think of an ongoing process that includes the following: • Coaching and feedback • Employee self assessment • Client feedback • Identifying performance objectives • Professional development plan You probably think that the above list will create more work for you. Not necessarily. Let’s consider coaching and feedback. You are probably already doing this, however, do you take 5 minutes to make notes of this feedback and include it in your file for that employee? If you maintain these notes on a contemporaneous basis the performance review is that much easier because much of the data has been compiled. Performance Management requires the employee to be a more active participant in the process. For example, the employee’s self-assessment will help you in understanding any differences or gaps in perception. Employees are responsible for identifying their objectives and development needs. The employee and manager will meet to negotiate and finalize these objectives. The above is an outline of some of the steps in this process. For this system to work both employee and manager must assume new responsibilities and work together. Training and other resources will be necessary. It is critical that Performance review discussions be handled properly. Just as you would not send an attorney to their first trial without some mock trial practice, managers should receive training and practice in conducting performance reviews. Check back with us next week and we’ll have additional information on conducting performance reviews by Dianne Hennessy, HR Consultant Copyright 2006 |
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| Interview for Fit, Not Just Legal Smarts Interviewing is something that every lawyer will, most likely, experience as a candidate and interviewer. As an HR Consultant I can safely say that interviewing is not given the time and attention it deserves in many organizations. Failure to take the time to perform “due diligence” on candidates means that you’re more likely to encounter performance issues, poor morale and turnover. Also, firms that don’t take this seriously and/or treat candidates poorly will quickly get a reputation in the legal community. It will not be possible to review all aspects of interviewing in this article, so we’ll concentrate on questions that determine fit and the close. Interviewing is a skill that can be improved upon with practice and feedback. Even the most skillful interviewer will benefit from using a “script”. This does not mean that the interview sounds rehearsed or canned, but rather is carefully planned and will achieve the ultimate goal of applying consistent criteria in the selection process. Let’s assume you’ve asked the candidate questions about their education, training and legal experience, what’s left? Some of the most critical questions should be those that will get at how this candidate will work with you and others. The following is a sample of questions regarding behavioral, teamwork, interpersonal and managerial skills. Depending on the candidate’s level, you will want to pick a few in each category. Assume that you’re interviewing junior associates and you ask questions 1,3 and 6 in the behavioral category of the first candidate. It’s important that you then ask other junior associate candidates the same questions so that you have a consistent basis for comparison. This doesn’t mean that you can’t tailor follow-up questions based on an individual’s reply. BEHAVIORAL 1. If someone told you that you had made an error, describe how you would react and what you would say in your defense. 2. If someone asked you for assistance with a matter that is outside the parameters of your job description, what would you do? 3. Suppose you are in a situation where deadlines and priorities change frequently and rapidly. How would you handle it? 4. How do you know when you are stressed? What do you do to relieve stress? 5. Tell me about a career goal that you have accomplished and why that was important to you. 6. Give an example of a time when you were trying to meet a deadline, you were interrupted, and did not make the deadline. How did you respond? 7. It’s 4:30 on a Friday afternoon. You are given an assignment that needs to be finished by 8:00 Monday morning. You plan to be away for the weekend. What would you do? TEAM WORK 1. Tell us about the last time that you had to work with someone else to accomplish a goal. What team skills did you use to accomplish the goal? 2. Describe a time that you had a conflict with another employee? How did you deal with the conflict? What did you learn from the experience? 3. If I asked your previous/current co-workers about you what would they say? INTERPERSONAL 1. Assume you are in a situation where you have to deal with a person very different from yourself and you are finding it difficult. What would you do? 2. What methods do you use to make decisions? When do you find it most difficult to make a decision? 3. Describe a difficult time you have had dealing with an employee or client. Why was it difficult? How did you handle it? What was the outcome? 4. What do you do when others resist or reject your ideas or actions? 5. Under what kinds of conditions do you learn best? 6. How would your past employers describe your response to hectic or stressful situations? MANAGEMENT 1. What is your philosophy of management and how does that influence your style? 2. Describe for me a time when you have come across questionable business practices; how did you handle the situation? 3. A new policy is to be implemented organization- wide. You do not agree with this new policy. How do you discuss this policy with your staff? 4. Explain, step by step, how you have handled an employee who had performance problems. 5. What coaching or mentoring experience have you had? With groups or one-on-one? How did you determine the appropriate way to coach/mentor and what were the results? 6. Are you best at dealing with details and day-to-day operations OR with concepts, envisioning and future planning? Give me an example. 7. Tell me about your fiscal management experience: budgeting, reporting, etc. 8. Have you ever had to champion an unpopular change? How did you handle it? 9. Have you ever faced a significant ethical problem at work? How did you handle it? CLOSING Signal to the candidate that you are ready to begin closing the interview. Ask questions like, “is there anything else we haven’t covered so far that you would like to add at this point, that would help us evaluate you as a candidate for this position?” If they don’t volunteer questions, ask them, “Is there anything you’d like to ask about before we close?” Make sure that the candidate understands the hiring process, next steps and when they can expect to hear back. Determine their interest and ascertain whether they are close on something else. by Dianne Hennessy, HR Consultant Copyright 2006 |
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| Retention Facts According to "The Business Case for Emotional Intelligence" by Joshua Freedman & Todd Everett, MBA (Institute for Organizational Performance):
One of the key factors is the quality of the relationship between the employee and her/his supervisor/manager. As leadership guru Richard Leider says, "People don't leave companies -- they leave leaders." What distinguishes relationships that lead to retention? Compelling evidence from Gallup shows that it's all about feelings. In their landmark research of over two million working Americans, the Gallup team identified three critical factors that predict if an employee is "engaged" -- and engaged employees are 50% more likely to stay in their jobs. The three factors that inspire exceptional motivation and productivity are:
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| An Associate's Emotional Intelligence Can Be a Better Predictor of Superior Performance Than Their IQ; How Lawyers Can Raise Their Emotional Intelligence A well-known work performance based theory known as "Emotional Intelligence (EI)" and "Emotional Intelligence Quotient (EIQ)" has been proven in numerous studies to distinguish superior performers from average performers. EIQ, in its various iterations and models, measures drivers of workplace performance and the factors that distinguish the star performers in an organization. While EIQ, unlike its better-known counterpart Intelligence Quotient (IQ), can be learned, absence of EI competencies can hold back an otherwise talented individual. EI has evolved over time to be successfully used both as a predictive tool as well as a coaching tool. Numerous workplace and government studies have shown EIQ to be a good predictor of top workplace performance, including one study that showed that higher EIQ scores distinguished better performing experienced partners in a multinational consulting firm by a factor of $1.2 million per client over partners not scoring as high in their EIQ (Boyatzis, 1999). Similarly, studies of a wide variety of professions showed that EIQ has also been used as a successful coaching tool, including improving sales performance, decreasing stress, and generally improving standard drivers of workplace performance. Research by the Center for Creative Leadership has found that the primary derailment in executives involve deficits in select emotional competencies. Interestingly enough, there is also research that suggests that individuals primarily strong in emotional intelligence were more likely to succeed than the strongest in either experience or IQ (Egon Zehnder International). BACKGROUND P. Salovey and J.D. Mayer, who started to develop valid measures of EI, coined the term “emotional intelligence” in 1990. EI and the concept of "emotional competencies" were later expanded and popularized by D. Goleman in his 1995 book, Emotional Intelligence (New York, Bantam). EI is based on the theory that certain non-cognitive aspects of intelligence are important for success. Studies have been conducted that suggest that IQ by itself is not a very good predictor of job performance, reflecting a variance of 4% to 25% based upon the study. (Consortium for Research on emotional Intelligence in Organizations, quoting studies by Hunter and Hunter (1984) and Sternberg (1996). According to Goleman and others, while EI alone is not the sole determining factor for workplace success, it provides the basis for certain competencies that are. Hence, the distinction and use of the terms "emotional competencies", which Goleman referred to as the personal and social skills that lead to superior performance in the workplace. Numerous researchers since have shown that various emotional competencies predict financial success in various jobs (such as M. Seligman's "learned optimism" quotient (Schulman, 1995) as a better predictor of salesperson performance over standard screening tests; and ability to manage feelings and handle stress important indicia in store managers financial success (Lusch & Serpkenci, 1990)). EI AND WHY IT MATTERS TO ASSOCIATES AND LAW FIRMS Lawyers like other highly skilled and educated professionals, have relatively high IQ's and have attained a certain level of career success as a result. However, their law school training did not address emotional intelligence competencies. Some would argue, that law school and some law firm environments may actually repress certain emotional competencies. EIQ has been shown to directly impact performance results and increase interpersonal effectiveness, including influencing clients, improving management skills, increasing revenue generating capacity and overall improving employees' financial performance. This has been shown to be even more significant in highly skilled professions such as law. Two types of personal emotional intelligence, intra and inter, combine to form EIQ. In his book, “Working with Emotional Intelligence”, Daniel Goleman described the following five* clusters to emotional intelligence:
(*While the 5-cluster model has since been consolidated into a 4-cluster model excluding a separate Self- Motivation cluster that tends to overlap with other clusters, we will use the original 5-cluster model for the purposes of providing tips later in this article.) Low EIQ is one reason that otherwise brilliant Lawyers do not achieve their potential. There are countless examples of Lawyers with the technical know-how and experience who never achieve Partnership or who are unable to effectively deal with their colleagues and clients. With more awareness of one's emotional competencies and the correlation between higher EIQ and personal and professional performance, one can activate certain learned behavior that directly influences others, improves performance, attracts more business, and generally reduces workplace stress. While individual IQ's are somewhat fixed, the potential for increasing one's EIQ is open ended and, therefore implementation of a few key strategies can directly increase a Lawyer's overall performance relatively easily. Click here for a table of competencies and action items for lawyers designed to increase their emotional intelligence. |
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