Handling senior recruits

Taking on senior staff is a high-risk option for solicitors' firms, as it is for most businesses.

The problem is twofold: recruitment processes tend to be informal and based on reputation or word of mouth.

And in many firms scrutiny of a newcomer's abilities as a lawyer takes second place to inquiries into that solicitor's client base.

And, as mature practitioners, they are not used to being supervised.

The firm's partners are reluctant to take on the supervisor's role, which does not sit easily with the acceptance of a peer into partnership or senior lawyer status.

But it is nave to assume that references and interviews are enough to establish that the new recruit brings the whole range of qualities of a good lawyer.

References are notoriously unreliable and interviews may establish social skills but do not usually involve in-depth scrutiny of abilities.

But a poor choice can lead to disaster.

Pressure put on newcomers to prove themselves by meeting financial targets swiftly can be at the cost of careful client vetting and high quality work.

An induction period with supervision is essential to minimise the risk.

The questions the supervisor needs to ask are:

- How have the new clients been checked for anti-money laundering identification and credit worthiness? Will all the new work be in line with the firm's business objectives?

- Have practice rule 15 and retainer letters been sent out to the new clients in the name of the new firm and is costs information being kept up to date?

- How adept is the newcomer at using IT? Does he need further training?

- Is the newcomer using the firm's systems and precedents or clinging to former practices?

- Are the files and documents kept in an orderly fashion and files notes recorded?

- If the recruit is to supervise others, does he need training for this?

- How will the supervisor and recruit review work and deal with problem files?

- Is the newcomer giving good quality legal advice in a timely manner?

The firm should be wary of taking on a senior solicitor who is reluctant to agree to a period of induction and supervision.

How long the period continues will depend on the assessment made by the supervisor, but it should be a minimum of three months.

Some aspects of supervision, such as regular review and problem file discussions, should form part of the firm-wide supervisory system for all staff.

On a more positive note, new recruits often bring with them ideas and practices that can contribute to the improved running of the firm.

This column was prepared by AFP Consulting, a division of Alexander Forbes Risk Services UK