This article was originally published in two parts in the Resolution Review, 2011 as the summary of the Resolution training seminar I led in June that year.
1. 33 High Street, Swaffham Bulbeck, Cambs CB25 0HP
Talk: 01223 813828 or 07717 875597
info@ourpsl.co.uk- www.ourpsl.co.uk
Tweet: @SuzyOurPSL
Knowledge, understood.
Best Practice for Supervising Trainees and Junior Solicitors
by Suzy Ashworth, Our PSL Ltd
*This article was originally published in two parts in the September and October 2011 editions of the
Resolution Review
*****
Introduction
The Resolution Skills Committee recently kindly asked me to prepare and present a short course on
supervising trainees and junior solicitors, which took place in London at the end of June 2011. This
article sets out some of the principles we discussed at the session and aims to provoke thought
about what Resolution members are and should be doing to encourage, nurture and get the best out
of those entering our profession.
Regulatory Framework
First, a short reminder of the regulatory framework in which solicitors supervise junior colleagues.
This consists primarily of Rule 5 of the Solicitors’ Code of Conduct 2007 and the Law Society’s
accompanying Supervision Practice Note of 10 March 2010 (www.lawsociety.org.uk). The SRA’s
requirements for Training Trainee Solicitors are accompanied by Guidelines on Supervising Trainees
(www.sra.org.uk). These are helpful documents, and essential reading both for supervisors and for
junior lawyers as they set out the expectations and responsibilities of the wider profession.
Resolution itself has the Code In Practice course which all members are expected to undertake in
their first year of membership; but nothing else. Is there any appetite, I wonder, for translating the
general principles on the supervision of junior solicitors into our specific family law framework, to
better set out our own expectations and responsibilities?
Time Management
It seems that family lawyers are sometimes reluctant to take on the supervision of trainees or junior
fee-earners because of time pressures. However, time management skills can benefit most of us
and are arguably a cornerstone of what we should be teaching our new lawyers. Carefully
prioritising and blocking time for different types of task, setting firm boundaries and keeping careful
track of outstanding and delegated tasks really can seem to create hours in a week. The sooner that
everyone learns an effective system for time management, the more productive they can become.
The supervisor leading by example will reap significant rewards. Consider this: what steals your
time? What time-management skills do you have to pass on to those starting out, or is this an area
in which you feel you could improve?
Effective Delegation
Our PSL Ltd is a company incorporated in England & Wales with company number 7378116.
Registered office: Tyburn House, Station Road, Oakington, Cambridgeshire CB24 3AH.
VAT Registered with number 101 1040 11.
2. Delegation skills are an obvious requirement for those bringing on junior staff. Developing effective
ways of communicating and ensuring that the channels remain open for clarification and progress
reports will ensure that mistakes and lost time are kept to a minimum. I advocate adopting the
SMARTER model for family law delegation: that delegated tasks should always be Specific,
Measurable, Achievable, Realistic, Timetabled, Ethical and Relevant. There is a school of thought
that says that effective delegation must be in written form to limit the chance of misunderstanding,
but this is not always realistic. As ever, much depends on the progress of the junior solicitors and
the nature of the task. Do you, or could you, delegate SMARTER?
What to teach junior staff
At the training session, the question people most wanted answered seemed to be: what should we
teach them? In a broad church like Resolution, where the ambit of what we do extends from legal
aid specialists, to public children law, to billion-pound financial applications and everything in
between, it is clearly impossible to dictate a one-size-fits-all core training programme. However,
should Resolution lead the way by establishing guidelines for basic learning in each area, or is this
something for each individual firm to think about? As a starting point, in any practice, it should be
possible to put together a series of bundles of materials for use by trainees or juniors to enable them
quickly to get a handle on the fundamentals of your work. Producing a short narrative explanation
of the area, together with blank and specimen completed forms and references to texts and online
resources giving more detail only needs to be done once (although reviewed regularly) and will save
everyone’s time. Allocating a couple of hours in the first week to take your junior colleague through
the way the team works, the way you work, the basics of the law and procedure and how to use
their dictation machine will mean that they can hit the ground running.
Here I have concentrated on the framework for supervision, time management, delegation, and core
learning, but there is more to say about supervising effectively: how to teach the business skills and
soft skills needed to be a generation 2.0 family lawyer, the place of ADR, mentoring, fostering trust,
and the art of giving feedback to name a few. This article ends here, but the debate is just
beginning.
*************
Part II
In the last issue of the Review, in my article "supervising trainees and junior solicitors", I wrote about
developing junior solicitors' legal and business skills in family law practice. I concentrated
particularly on time management, effective delegation and core learning. In this article, I focus more
on how to foster business development skills, soft skills and developing the relationship of trust
between supervisor and junior solicitor.
Developing business
We all know that as a family lawyer these days, it is not enough simply to be good at your job. You
need to know how to market yourself and your firm effectively, and this job can no longer be left to
senior team members. Indeed it should not be: solicitors entering the profession now tend to have
in-depth knowledge of a wide range of marketing techniques involving social media, mobile
Our PSL Ltd is a company incorporated in England & Wales with company number 7378116.
Registered office: Tyburn House, Station Road, Oakington, Cambridgeshire CB24 3AH.
VAT Registered with number 101 1040 11.
3. communications, and peer-group networks which complement the traditional marketing techniques
used by more mature practitioners.
Although there are excellent seminars available on business development techniques, it is not a
theoretical enterprise. You get better at it by doing it, and by watching people who are already good
at it. Encouraging junior solicitors to attend the seminars, lunches or events you go to will give them
the confidence to find their own way with their own contacts. Giving junior solicitors the opportunity
to feed in their own ideas about the business development of your team and its forward progress is
excellent personal development for them and will pay dividends for the practice. Anecdotal evidence
suggests that connections made in the early years of practice are more durable than those made
later, so encouraging them to firm up and capitalise on their contacts will expand your team’s
network of influence.
The main burden on the supervisor in this area is needing to ensure that your junior solicitors are
“on message” about all areas of your practice before they enter the business development fray. You
may find that there is a particular lacuna in their understanding about alternative dispute resolution,
as detailed training in mediation and in collaborative law is still restricted to those of higher
qualification levels. If your junior solicitors are to be ambassadors for your firm, it is essential for you
that they should present your family law practice as you would wish it to be seen.
Soft skills
To progress and excel as a family lawyer it is essential to have “soft skills” that enable you to connect
with a client appropriately and inspire confidence. Young solicitors can often lack confidence in this
area. I am a firm believer that an introductory-level counselling skills course is a good grounding for
all junior family lawyers in how to listen sensitively, and ensure that you maintain professional
boundaries. Junior solicitors working in family law are more likely to become overwhelmed with
clients’ difficulties and to find themselves less able to draw a clean line between work and the rest of
their lives. Facilitating self-awareness and knowledge of boundaries is an essential part of
supervising junior solicitors to give them the tools to avoid burn-out. Junior solicitors should have
access to details of local trusted counsellors (and other professionals) to whom they might refer
clients who are in need of personal support.
Fostering trust
A trusting relationship between supervisor and junior solicitor will enable them to feel they can
come to you with issues that may be hampering their development or, indeed, negligence risks. An
attitude of openness that gives them the confidence to speak up if they have made a mistake will
ensure that these (almost inevitable) early errors do not become concealed, snowball and become
more costly.
Effective supervisors understand that there is more to listening than taking in what someone says.
Making time and listening actively with full attention, noting not only what is said but also body
language and tone of voice can give an insight into the full picture which you might otherwise miss.
Communication improves when each person is attuned to the other’s manner of speech and type of
language, as messages can be phrased in a way that they are better able to be heard. This is
Our PSL Ltd is a company incorporated in England & Wales with company number 7378116.
Registered office: Tyburn House, Station Road, Oakington, Cambridgeshire CB24 3AH.
VAT Registered with number 101 1040 11.