22 March 2022

Melbourne city landscape

The question in my mind has been whether to convert my law firm’s beautiful office on Melbourne’s riverfront into a nightclub. It certainly hasn’t been used much as an office over the past two years.

In recent weeks, Melbourne’s CBD and riverfront have become busy again, but only after business hours. People are returning to the bars and restaurants in big numbers. But the office? Not so much.

The removal of the ‘work from home, if you can’ edict has given employers the opportunity to decide whether they require staff to return to the office and if so, how much of the time. In addition, the legal profession has had to deal with this question in the face of media speculation about ‘the great resignation’ and perceived staff shortages. No doubt many employers will be influenced by the risk of losing staff. Some say the balance of power has shifted, but what an unfortunate perspective that would be.

For law firms, staff have always been key. Law firms function best when employers and employees understand each other, and work on the best ways to achieve great outcomes, not just for the firm, and not just for the individual - but for both. It’s not about who has the power. It’s about understanding.

And whilst the pandemic may have caused a rethink amongst employers, it shouldn’t have taken this one-in-a-hundred-year event to compel law firm decision makers to see things differently. Now I’m not saying our firm is perfect and I admit some of these concepts are aspirational, but these are some principles that are key to a balanced outcome, and are key to a successful law firm, pandemic or not.

 1.Staff are more important than clients

The reality is, that without great staff, you won’t grow a client base and you won’t service growing clients. So, focus on getting it right with staff, and the clients will come – and stay.

 2.Staff are not robots

Whilst we want our staff to do things in what we call ‘the KKI way’, we also encourage them to be themselves. Staff are individuals. They all bring something different, and unique attributes should be recognized and applauded. This means measuring staff contributions in different ways. It means no competition. What works for one staff member won’t be the formula for another. Applying the same measures across the board will create a sense of failure. Let’s not have identical expectations and importantly let’s demonstrate how success can look different from person to person.

3.Create a collegiate culture

Greater sharing of work, and ideas; more opportunities, more learning and teaching; and more fun exists, when the culture is collegiate. So, have more meetings which encourage collaboration and create more connection so that everyone sees and feels those benefits. This is especially apparent when in the office, where in close proximity we can demonstrate how good it is to work together and how much more is on offer. As important as it is to share in the successes, to give credit widely and to enjoy high five moments, it is just as important to share burdens, to solve problems together and to be supportive. This is all so much easier in the office.

 4.Understand Why We Work

After my daughter’s first week of working as a 15-year-old at Bakers Delight, she said “Dad, now I understand why people work”. When I asked ‘why’ she said, “because it gives people stories to tell”.

As lawyers who can be so focused on work, we should remember that the interesting work, the challenging problems, the funny stories, and the firm’s achievements should be shared, so that everyone has stories to tell when they go home. The experience of working should enrich people’s lives, and everyone should be proud of what the firm does well.

I hear people saying they are more efficient working from home, but work is not just about efficiency. It’s about being productive in a range of ways, including having a positive impact on your colleagues and doing better for your clients. It’s about talking to your teammates and enjoying the day. It’s about donuts on Fridays. None of that is happening if we are home all week.

So, work from home or in a café (like I have done for much of my career) when efficiency is all that is needed, but don’t let it become an excuse to stay away from your colleagues.

5.Be open with staff

I am not into secrecy (okay, except for clients’ affairs!). Employers should share their dreams and aspirations with staff as well as their anxieties. Let staff see your weakness and frailty. The more your people understand what you are trying to achieve for the firm and what you are going through, the more support you will get. One thing is for sure, you can’t get there without them!

6.Define success in your own way

Fortunately, most law firms are not publicly listed companies where the only measure of success is share price. That means, you can decide for yourself what success looks like. Too many firms focus solely on quantitative measures such as profit per partner, and while financial success is one driver because it’s good for employers and employees alike, focusing solely on money does tend to produce bad outcomes. There are better qualitative measures like client and staff retention, and great outcomes. If you put people first, you can be sure that profits will flow.

7.Don’t just talk values and DNA; Live them

When Kalus Kenny Intelex was just a firm of two people, we were very clear on our values and how we wanted to practice law. Now at 50 or so, we are still just as clear. Occasionally, as an employer you get tested. The pandemic tested us. The chance to move to new offices tested us. Difficult transactions test us. Mistakes test us. As employers we need to be aware of those moments where we get the chance to be who we want to be, to act in a manner which is true to our values, and to walk the talk. It is so rewarding to see staff, even the youngest of them, embrace and protect those values.

8.Good people

On-board great people whenever you meet them, even if there is no obvious role. It can be hard enough to fill a role when you have one available, but it goes further than that. Backing people with good qualities will always produce results. Skills can be taught, but attributes and qualities are either there or they are not and when they are, grab them and back each other to build something.

9.Don’t see loyalty as something you are entitled to

Staff are entitled to do what is best for themselves. Whilst we can insist on being treated with courtesy, we as employers have no right to demand loyalty. It is something as an employer, I can choose to give, but it’s not something I am entitled to. Staff should stay because the place is best for them.

10.Have the conversation

If there is one thing the last two years has shown us, it is that we are all human, and vulnerable. Many of us have changed priorities and perspectives over the past two years, so talk to your staff and your partners. See where they are at, what they want from life and work, and see what can work for the firm, the clients and the staff member. There are lots of conversations to be had because things have changed. Be open minded.

Personally, I see good reasons for some people to work from home some of the time, but it’s not for everyone and not all of the time. Our office is the home of our firm. It’s where our values are on show. It is who we are. Where staff enjoy the benefits of working with good people. It’s where stories are written. It’s where problems are solved. It’s where people support one another. Mainly, it’s where people laugh at my silly jokes! So, while I am not quite ready to turn my office into a nightclub, with good company, good music, and donuts on Friday, it should be almost as much fun.

Henry Kalus

Henry is a trusted advisor to many of Melbourne’s most talented and successful businesspeople, entrepreneurs, developers, lenders, and investors. As the founding Partner of Kalus Kenny Intelex Lawyers he has a wealth of knowledge in property and business, playing a meaningful role in many high profile and complex property and commercial transactions. He proudly upholds the values on which Kalus Kenny Intelex has been built, most significantly being a people first firm.

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