This article originally appeared in the Early July issue of the Pro Brono Wire. Reprinted with permission from the Pro Bono Institute, © 2008. Further distribution or reproduction prohibited.
What do associates really want? We’ve all heard the question, with its attendant frustration and complexity, and perhaps even asked it ourselves. Do associates want more money? A better life style? Flexible hours? Multiple career tracks? What approach to associate satisfaction hasn’t been tried?
But behind every question is a set of assumptions and this question is no different: "What do associates want?" implies that associates are all of a type, and that one answer fits all. Our data suggests that this particular assumption is categorically untrue and may lie at the heart of our struggle to adequately answer the question. We don’t know what associates want because there is no single type of associate. In fact, our data reveals at least four distinct types of associate, and each type expects something different from his or her law firm career. Let’s ask the question with a bit more focus and see if we can’t do better.
What do associates who are interested in Pro Bono work want, and what can firms do to attract and keep these attorneys? A study conducted last year by Hildebrandt International and Thomson West surveyed a representative sample of thousands of Westlaw users across the US. The survey was restricted to associates: 80% worked in AmLaw200 firms; the remainder worked at firms with more than 80 attorneys. The gender split was 50:50 between men and women. The findings, published in Understanding Associates: Associate Satisfaction and Morale (Hildebrandt: Somerset, NJ, 2007), represent some ground-breaking and unanticipated results.
As mentioned above, a key finding of our survey was the segmentation of the associate population. Using sophisticated demographic methods, we identified four distinct segments of associates: Career Practitioners, Flexibility Seekers, Called Lawyers, and Willing Workers. Table 1 provides a brief overview of each segment.
Let’s quickly examine the four segments to understand the implications for Pro Bono attorneys. The first segment, Career Practitioners, represents approximately 23% of the associate population, and is 60% male. These attorneys are driven, aspire to partnership, and will take on as much work as a firm can give them. In my experience most big law firms are run by Career Practitioners for Career Practitioners. This group will be attracted to Pro Bono work primarily to the extent that it will help them become partner; their interest level wanes if it represents a side track or detour to that goal.
The second segment we have identified is the Flexibility Seekers. This group entered the practice of law without any great passion for the law or desire to become partner – becoming an attorney just seemed like a good career option at the time. Although they also represent about 23% of the associate population, approximately 60% of Flexibility Seekers are female. They are looking for a satisfying career that allows work-life balance and become less interested in partnership over time.
The third segment, Called Lawyers, express the strongest positive feelings about Pro Bono work. Called Lawyers significantly support and value Pro Bono work more than any other segment. This group is characterized by the highest percentage of females (63%) and the highest percentage of non-Caucasians (35%). Also, this group is the most satisfied with compensation of any of the four segments, and is the most passionate about the practice of law. Called Lawyers are as willing as the Career Practitioners to volunteer for committees or other firm work, but for somewhat different reasons. They also significantly value their personal and family time, and in this are more closely aligned with the Flexibility Seekers than with Career Practitioners.
What do Called Lawyers look for in terms of their associate experience? This group is driven by values, both for the law and for their families and the community at large. Called Lawyers are significantly attracted to firms that make strong positive contributions to the field and have viable maternity and paternity leave programs. They are most attracted to firms that support involvement in Pro Bono work. They are also attracted to firms that treat them as professionals and provide them with stimulating and challenging work, a trait shared by all four associate segments. They seek feedback to improve their skills and they appreciate regular performance reviews.
Last but not least, the fourth segment is Willing Workers, who represent about 30% of the associate population. Although they have no particular passion for the law, this group is willing to work hard and follow directions – an unusual character trait for attorneys who typically require a high level of autonomy. Willing Workers will accept partnership as a means to higher income, but they are loath to sacrifice quality of life. Their motto is: "Work hard, play hard, retire early."
Our research highlights an important trait common to attorneys in all four associate segments: According to survey respondents, they are all rated satisfactorily or above on performance reviews. This finding throws a monkey wrench into the rather simplistic interpretation of the data that says, "If you want star partners, hire everyone from Segment One; if you want great Pro Bono attorneys, hire them all from Segment Three." This rationale is flawed for several reasons: First, if every firm utilizes the same strategy, only the biggest and richest firms will be competitive for the group(s) they want. Targeted selection could drive the rapidly increasing price of associates up even further. Second, if performance is – and it should be – the primary hiring criteria, there is little difference among the four segments. Therefore, firms would be unnecessarily reducing their pool of candidates by up to 75% for no good reason, in the hope that the remaining 25% from which they choose will be the best associates and partners.
In addition, our data is sampled from a single point in time, and we cannot predict whether associates in one segment will change their preferences over time. To pigeonhole an associate based on his or her preferences in their early twenties may be doing them, and the firm, a disservice. Finally, law school graduates are pretty bright. If these questions truly impact who gets selected for the best opportunities, it is only a matter of time before candidates learn which answers achieve the desired results, and the entire point of the exercise is lost.
We suggest a process that is both honest and practical. A few questions can determine into which segment an applicant would most likely fall. Each group, to the degree that they are true to type, will be seeking somewhat different experiences from their time as an associate. The Career Practitioners (Segment 1) are looking to work hard and make partner, either at your firm or somewhere else. They are eager for good training and feedback, want to learn their craft and make money for themselves and their firm. Good legal experiences, collegiality with partners, and opportunities to steadily increase their earning potential will best motivate this group. The Willing Workers (Segment 4) are very similar to the Career Practitioners. They too are willing to work hard and would seriously consider partnership if it would significantly improve their earning power.
However, Willing Workers also stress the importance of maintaining a healthy balance between work and home life. They would most appreciate a professional environment that offers a good salary along with the ability to retire at an earlier age. This is the group least likely to value Pro Bono work for its own merit. Flexibility Seekers (Segment 2) also want to be paid well, but their personal time is most important to them. In fact, many of them are willing to work less and be paid less. This group does not seem to have a particular passion for the law and is least satisfied with law firm life. The key to their happiness as associates may well be to maximize their flexibility and help them create a career path (perhaps part-time, perhaps a mix of interesting work) that maximizes their need for work-life balance.
Finally, for Pro Bono excellence, no group is likely to surpass the Called Lawyers (Segment 3). They are an interesting mix of people committed to both ideas and family. They want fulfilling careers and meaningful work, but not at the expense of quality family time. They tend to be less concerned with making partner than with making meaningful contributions to society. They are not driven by money. If they cannot satisfy their professional needs in the law firm, Called Lawyers may eventually leave to join NGOs, the judiciary, or become politically active. But while at a firm, they will work as hard as any associate and contribute more than their share – especially to their Pro Bono commitments.
Our advice, based on research is simple: Find ways to appeal to each segment based on its values and career goals. Tailor associate training in general, and the Pro Bono experience in particular, to provide each segment with what they value most. For Career Practitioners (Segment 1), demonstrate that quality Pro Bono work is one aspect of a viable path to partnership. For Flexibility Seekers (Segment 2), provide Pro Bono options that maximize career and work-schedule flexibility, training, and interesting work. For Called Lawyers (Segment 3), emphasize that a significant commitment to Pro Bono work is both rewarded and respected at the firm, while at the same time it prepares them to use their legal knowledge and experience to help others in the future. Last but not least, Willing Workers (Segment 4) are not typically intrinsically motivated by Pro Bono work; they would not suffer if given opportunities other than Pro Bono work per se. However, to motivate them to do Pro Bono work, underscore how the firm will award credit that will be counted positively toward compensation. If they decide that a partner track is appealing, go back to the advice for Career Practitioners.
This multi-segment track is not simply about the associates. It suggests that Pro Bono work itself may be delegated in different ways. Each firm approaches Pro Bono work differently. Some firms are engaged in a few large Pro Bono projects. Other firms allow - and many encourage - partners and associates to pursue individual interests and passions. Regardless of which approach your firm uses, pro bono, like other critical firm operations, should be thoughtfully managed. Everyone involved with Pro Bono work and Associate Development – including professional staff and partners – must work more closely together to enhance the experience of all associates, to make both the firm and the world a better place in which to live and work.
For information on how you can purchase the full Hildebrandt International Strategic Intelligence Report: New Perspectives on Associate Satisfaction and Morale, please send an e-mail to reports@hildebrandt.com.
