As we have recently seen the restrictions lift in the United Kingdom, many organisations would have considered their future working models as we emerge from the pandemic. Many businesses are operating a blended structure, with some employees returning to the office, adhering to social distancing rules. Whilst others are choosing to continue working remotely.
Regardless of which approach law firms choose to take, they need to satisfy themselves that they have the appropriate and adequate measures in place to ensure they can effectively supervise their trainee solicitors and junior lawyers in order not to disrupt any learning and development opportunities that are so important in the early stages of their legal career.
This article will examine the latest guidance issued by the Law Society1 on what are good practices for supervision and support during a changing working environment. As always, the guidance will be applicable to the size and nature of the law firm and can be read in conjunction with the Law Society’s supervision guidance note issued in May2 2020 at the outset of the pandemic.
Whilst the Solicitors Regulation Authority (SRA) recognises the change in working practices and the need for flexibility during these challenging times, the regulator will expect law firms to comply with the SRA Code of Conduct for Firms3 and remain accountable for compliance with the SRA’s regulatory arrangements where work is carried out through others (para 2.3). Furthermore, law firms must ensure that their managers and employees are competent to carry out their role, and keep their professional knowledge and skills, as well as understanding of their legal, ethical and regulatory obligations up to date (para 4.3) and there is an effective system for supervising clients’ matters (para 4.4).
Paragraphs 3.5 and 3.6 of the SRA Code of Conduct for Solicitors4 also deals with those providing supervision and stipulates that where you supervise or manage others providing legal services you (a) remain accountable for the work carried out through them; and (b) effectively supervise work being done for clients. Furthermore, supervisors must ensure that the individuals they manage are competent to carry out their role, and keep their professional knowledge and skills, as well as understanding of their legal, ethical and regulatory obligations up to date.
Regular communication is crucial to a positive working environment and will help those junior team members feel supported and valued.
Much will depend on the size and nature of the firm, as well as the practice area, so it is acknowledged that different methods of communication will be used such as:-
One to One meetings are helpful in assessing how an individual is feeling and can encourage them to ask questions or raise concerns in a safe environment. The pandemic has brought issues surrounding wellbeing to the fore, and using One to One meetings can help supervisors understand any work or personal issues their junior team members may be struggling with, to make sure that they are identified and addressed quickly and confidentially.
Equally as important are regular team meetings. This helps junior team members understand their roles and responsibilities within that team, but it also helps supervisors assess capacity and the wellbeing of their wider team.
Prior to the pandemic, junior lawyers were able to learn through observing their supervisor
Prior to the pandemic, junior lawyers were able to learn through observing their supervisor, by discussing matters and being able to ask questions, which is an important part of a junior lawyer’s learning and development. This skill has been diluted as a result of remote working and supervisors should consider how they can replicate this working practice, whether it be by sharing thoughts using email or a messaging/chat facility, or sharing a screen to draft documents or to provide feedback.
It is recommended that whereever possible supervisors, trainees and their junior lawyers, should have at least two days of overlap in the office per week to allow for a more informal, ad hoc communication, in-person supervision and meetings and observation skills to help develop their legal knowledge, client care skills and strategy. Doing so will also offer supervisors with a good opportunity to ‘check in’ on their supervisees’ wellbeing, in addition to checking their capacity and dealing with any queries or concerns.
The pandemic has expedited technical advancement and before we may have tentatively used video conferencing to conduct meetings or make calls, it has been adopted as the norm. If working remotely, it is recommended that video conferencing is used where possible as this allows senior members of staff to get to know their junior team members, especially trainees and new starters as starting a law firm in itself may feel daunting notwithstanding doing so in a remote environment. Video calls can enhance morale and allow team bonding when working remotely.
Law firms should issue clear guidance on the use of technology and what platforms are permitted and not permitted, together with any behaviours expected when using these different technologies, such as dress code for meetings both internal and external, stating who will control the sharing of documents/presentations if applicable and the use of backgrounds especially for formal meetings.
Law firms need to be managing expectations of their staff when working remotely, as during the pandemic there has been a perceived expectation that junior lawyers were to make themselves available at all hours and respond to emails and enquiries immediately. This can result in unhealthy working practices, lead to stress and poor mental wellbeing and disillusioned junior lawyers. Therefore, it is important that law firms clearly communicate their working hours and expectations of junior staff outside of business hours, especially around clients and senior members of staff. This should be closely monitored and managed by supervisors.
It is also good practice to communicate whether emails or matters require urgent attention by setting clear timeframes for responding or handing in work to be reviewed. Establishing clear timescales will help junior staff members to manage their time more effectively and respond appropriately, without feeling pressured to work unsociable hours unnecessarily.
Channels for feedback must be maintained but be mindful of how the feedback will be delivered, especially if in writing via email, or using tracked changes, as the tone of communication can be lost or misconstrued.
A quick telephone or video call may be more 'beneficial for dealing' with a quick query or general feedback but for more substantive advice or more formal supervision, written feedback can be more beneficial as a training aid or form part of the formal review process and forms part of good file management. Trainees and junior lawyers are required to maintain training diaries to keep their professional knowledge and skills up to date and feedback in this form can help evidence this.
The pandemic has necessitated the need to adopt new working behaviors and accelerated remote and flexible working practices and it is anticipated that working remotely and virtual meetings are likely to remain. It is therefore important that law firms embed good practices to make sure that their trainees and junior lawyers are appropriately supervised and fully supported when working remotely to prevent any lasting detriment to those starting their legal careers.
1 The Law Society. (2021). Supervision: good practice for remote supervision of junior staff and trainee solicitors. Retrieved from: https://www.lawsociety.org.uk/topics/hrand-people-management/supervision-good-practice-for-remote-supervision-of-juniorstaff-and-trainee-solicitors
2 The Law Society. (2020). Supervision. Retrieved from: https://www.lawsociety.org.uk/topics/hr-and-people-management/supervision
3 https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-firms/
4 https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/
