In the previous blog, “The Micromanaging Lawyer,” we mentioned that delegation is a phase where managers and employees will need significant support to get comfortable with mistakes — which is essential for growth. That is why is this blog, we’ll discuss “Handling Delegation Mistakes.” 

According to Amy C. Edmondson’s psychological safety theory, by acknowledging that mistakes are inevitable, organizations allow employees to experiment and take risks without fear of punishment or embarrassment. This encourages creative problem-solving, collaboration, and innovation — all essential components of a successful law firm.

Identifying the Causes of Delegation Mistakes

Before addressing the mistakes, it’s vital to understand why the delegation didn’t meet the expected outcomes. There are three common causes of delegtion mistakes:

1. Unclear Instructions

“Have the objectives and expectations of tasks been communicated clearly?” 

According to a study by Fierce, Inc., a leadership consultancy, 86% of employees identify lack of collaboration or ineffective communication as the primary reasons for workplace errors. Additionally, a survey by Ketchum Communications found that only 31% of employees think their managers are effective communicators.

As a Lawyer-Manager, of course you don’t wake up one day and choose to communicate poorly. No manager would want that, right? But why do many still struggle with effective communication?

Consider effective communication as playing the game of Cricket Darts. In this game, you must hit the same number three times to score points or block your opponent. 

Similarly, in communication, you need to “hit” your target three times: what you intend to say, what you actually say, and what the listener interprets. Missing any of these can lead to misunderstandings.

The Three Rings of Communication by Alain Hunkins

Psychologists suggest that this “perfect” communication happens only oftentimes because of what they refer to a phenomenon as projection bias. This bias occurs when you subconsciously assume others share your current thoughts and feelings, leading your brain to mistake your subjective viewpoint for objective reality.

This bias is particularly evident in how tasks are delegated within a law firm. For instance:

“I handed off the client’s file. They should be equipped to draft the motion on their own.”

“Why hasn’t the deposition been scheduled? Isn’t it clear that it’s urgent?”

“It seems the associates don’t recognize the crucial role of thorough document review. Can’t they see how vital it is for the case?”

Clarke and Crossland describe these assumptions as “The Four Fatal Assumptions of Leaders,” which are:

1. Constituents understand: Leaders assume everyone knows what is expected.
2. They care: Leaders believe everyone has the same level of interest and commitment.
3. They agree: Leaders think everyone is in agreement with the decisions made.
4. They will take appropriate action: Leaders expect everyone will act correctly without further guidance.

To combat this issue, it’s essential to adopt a clear and direct communication style. Here are a few strategies:

• Be Specific
• Clearly outline the objectives, deadlines, and expected outcomes. If possible, provide written instructions to avoid any confusion that might arise from verbal communication alone.
• Repeat Key Points
• Reiterate important details to ensure alignment and understanding.
• Do Not Assume, Seek Feedback
• Do not assume that your team understands the instructions always, ask for immediate feedback to clarify any misunderstandings right away. This ensures everyone is on the same page and can significantly reduce errors stemming from miscommunication.

2. Mismatched Skills

Were the tasks aligned with the team members’ skills and experiences? 

According to McKinsey, a global management consulting firm, 87% of organizations know they have a skill gap or will have one within the next few years. However, even when businesses are able to find highly skilled employees, they don’t always hire for the “right” skills.

That is what a skill mismatch is — a noticeable gap between the skills of the employees and the skills actually needed for the particular job.

Different types of Skill Mismatches:

1. Horizontal mismatch

• An employee has the right qualifications but lacks the “right” skills needed for the job.

2. Vertical mismatch

• This occurs when an employee’s skill set isn’t on par with the level required by the job. This includes the underqualified and the overqualified, often leading to job dissatisfaction and underutilization of skills.

3. Skills obsolescence

• Skills become outdated as new technologies emerge, making previous knowledge irrelevant. According to the World Economic Forum, the average half-life of skills is only four years, meaning the skills we have now will only be half as valuable in four years’ time. 

This mismatch can have significant consequences like decreased productivity, which in turn can impair employee performance and increase the likelihood of mistakes at work.

To address the mismatch of skills, it’s crucial to align tasks with the appropriate team member capabilities. Here are a few strategies:

• Conduct Skills Assessments Regularly
• Understand the current capabilities of your team through assessments or reviews. This can help in aligning tasks with the right personnel.
• Provide and Enhance Training and Development Opportunities
• If skill gaps are identified, offer training sessions or professional development opportunities to bridge these gaps.

3. Lack of Motivation

Were the team members sufficiently motivated and invested in the task’s success?

Motivation drives 40% of a team project’s success, but managers often struggle to inspire unmotivated employees. In fact, a Gallup study reveals that only 15% of employees worldwide are engaged at work, indicating a global motivational crisis that significantly affects productivity and task completion rates.

There are two general types of employee motivation:

1. Financial Motivation

• Includes salaries, bonuses, commissions, and other monetary rewards.

2. Intrinsic Motivation

• Involves intangible factors like job satisfaction, recognition, and opportunities for growth.

Both financial and intrinsic motivations are essential for minimizing delegation errors within any organization. Effective task delegation that leverages these motivations ensures that employees are not only willing but also eager to assume responsibilities. 

Improving motivation can significantly reduce delegation mistakes by ensuring that team members are engaged and invested in their tasks:

• Recognize and Reward Efforts
• Acknowledge good work publicly and reward achievements to motivate others. This could be through bonuses, promotions, or even simple recognition in team meetings.
• Create a Supportive Culture
• Foster an environment where team members feel valued and supported. This includes open communication channels, regular feedback, and a positive workplace atmosphere.
• Empower Employees
• Give team members more autonomy over how they complete their tasks. Empowerment can lead to increased job satisfaction and a higher sense of ownership over work.

Learning from Delegation Mistakes

Handling delegation failures effectively is not just about fixing what went wrong. It’s about creating a proactive, supportive, and adaptable environment where continuous learning and improvement is integral to operations. Every mistake should become a stepping stone to greater understanding and better performance, making each a valuable part of your law firm’s growth and success.

References:

Hunkins, A. (2022). The #1 Obstacle To Effective Communication. Retrieved from: https://www.forbes.com/sites/alainhunkins/2022/09/15/the-1-obstacle-to-effective-communication/?sh=5434b1609fbc

Lambden, D. (2023). The Importance of Effective Workplace Communication – Statistics. Retrieved from: https://www.expertmarket.com/phone-systems/workplace-communication-statistics#:~:text=86%25%20of%20employees%20cite%20the,efficacy%20on%20a%20daily%20basis.

Harvard Business Review. (2019). 4 Reasons Good Employees Lose Their Motivation. Retrieved from: https://hbr.org/2019/03/4-reasons-good-employees-lose-their-motivation

Gallup. (2019). Worldwide, 13% of Employees Are Engaged at Work. Retrieved from: https://news.gallup.com/poll/165269/worldwide-employees-engaged-work.aspx

You wake up at your law firm office, exhausted from yesterday’s work. The realization hits you: you’ve spent another night at the office, overworking for the nth time. You check your phone, only to find 35 missed calls and 57 messages from an angry wife, her words laced with the threat of divorce. You notice the calendar, today’s date was encircled red. It’s your daughter’s 5th birthday. 

Immediately, you stood up and grabbed your coat, only to be confronted by the daunting sight of work piled high on your desk. Almost on cue, the office telephone begins ringing, email notifications start flooding in, and your laptop screen lights up with alerts.

You steal a glance at the mirror, seeing a disheveled man, with a face as frazzled as his hair. You know you can’t handle it all alone. You need to delegate. 

Ironically, the idea terrifies you. What if they mess up? What if they don’t understand the cases like you do? The fear of losing control in a field where accuracy is everything holds you back.

You know you need help, but why does it feel like swimming against the current?

While this story might seem like an exaggeration to some and a stark reality to others, the point is, that many professionals, including lawyers, struggle with overcoming this fear. Different stories, similar problems–”The Fear of Delegation.”

In our previous article, “Lawyers as Managers,” we used Dan Martell’s book, “Buy Back Your Time,” to discuss why it is difficult for managers to delegate. A quick review reveals reasons such as:

1. The Get Shit Done Mentality (believing more work equals more productivity)
2. Do-it-yourself Mindset (“I can get it done right and faster if I do it myself”)
3. Perception About Hiring (“Hiring takes too much time, too much energy, too much cost”)

You can read more about “Lawyers as Managers” here: https://blog.avocadohive.com/2024/03/05/lawyers-as-managers/

In this blog, we are going delve into the principles of “Three Secrets to Effective Time Investment,” by Elizabeth Grace Saunders. Elizabeth Grace Saunders is the founder and CEO of Real Life E Time Coaching & Training. Her book offers valuable insights into managing time efficiently which can be applied in overcoming the fear of delegation.

The 3 Secrets to Overcoming the Fear of Delegation

Secret #1: Make Action-based Priorities

To let go of tasks others can handle, start by understanding what should fill the majority of your time.

Time is the ultimate limited resource. There are 24 hours in a day. Ideally, eight hours are for sleep and another eight for work. The remaining eight hours are for personal life, though sometimes work often encroaches on this time.

According to the 2018 Legal Trends Report, 75% of lawyers frequently work outside business hours, and 39% say that those extended hours have taken a toll on their personal lives. 

Moreover, according to the 2022 Legal Trends Report, the majority of lawyers work beyond non-traditional business hours, leading to adverse consequences both professionally and personally.

Most significantly, only 51% of lawyers working non-traditional work schedules reported having good or very good mental health, in contrast to 74% of those who maintain regular work hours. This indicates that lawyers are 45% more inclined to report positive mental health and well-being when adhering to a standard business schedule.

Therefore, you should reflect on what truly matters to you, both professionally and personally. 

According to Elizabeth Grace Saunders, identify your priorities by making a list, in order of importance, and convert them into action-based tasks. For example, if family time tops the list, leaving the office earlier for dinner might be necessary.

In delegation, consider doing essential tasks where you add the most value. Everything outside your core strengths and role should be delegated. Unfortunately, many lawyers don’t allocate time to these essential tasks because they get lost in other trivial tasks from answering emails to drafting.

To identify if you’re doing the essential tasks, you can also try to apply what Elizabeth Saunders said. Make a list of valuable tasks in order of importance, then, make a separate list of tasks that you prioritize each day. Compare both. Does it match? If it doesn’t then, maybe you need to undergo a time and task audit.

Secret #2: Set Realistic Expectations

Perfectionism and over-commitment hinder productivity. Perfectionism is the enemy of progress. The problem with perfection is–it doesn’t exist, thus, setting realistic expectations is crucial.

The Hardin Group conducted research in partnership with the Social Research Lab at the University of Northern Colorado to learn more about the effects of perfectionism at work and it was revealed that 86% of professionals, particularly those in managerial roles like lawyers—who must concurrently manage various facets of law practice and business—believe their work is affected by perfectionist expectations. The effects include struggles with work-life boundaries, struggles saying no to unrealistic demands, poor time management, and reluctance to delegate.

Be realistic. Acknowledge you can’t do everything alone. Assess your time and energy practically. Be honest about how long tasks take and don’t be afraid to seek help and delegate some of them.

Remember the list of priorities earlier? Delegate the least important tasks. For instance, for checking emails and answering phone calls, maybe you can hire a legal assistant, or if you need help with pleadings, maybe you can delegate it to a drafting support.

Secret #3: Strengthen Your Routine

Routines streamline workflow and reduce decision fatigue. Establishing routines is essential for good time management, leaving mental space for important tasks.

When facing the fear of delegation, establish a two step routine:

1. Name the fear

Clarify what bothers you. In delegating tasks, common concerns include fearing the work won’t be done right or feeling out of control. List down your fears about delegation and acknowledge them.

2. Minimize the Risk

Once you have a detailed list of perceived risks, try to address each issue. Figure out how to minimize risks when delegating tasks. Incorporate checks and balances to ensure quality.

For instance, if the perceived risk is fearing that the work will not get done right, pause and carefully consider the tasks that you delegate and adjust your management style accordingly. Remember to allocate buffer time for reviewing and editing work. 

Additionally, one piece of advice I received personally was that there are generally three reasons why your staff may not have completed tasks correctly:

• Miscommunication occurred during task delegation, either on your part or on the part of the staff.
• The task wasn’t adequately taught or the staff wasn’t trained for the assigned task.
• The staff lacked motivation to complete the task effectively.

Conclusion

In conclusion, overcoming the fear of delegation in law firms requires a proactive approach to time management and trust in others’ capabilities.

Remember, delegation is not a sign of weakness but a strategic tool for achieving your goals. Embrace it, and watch your productivity soar.

References:

• The Hardin Group. (2020). Perfectionism Research. Retrieved from: https://thehardingroup.co/perfectionism-research/
• MacDonald, M. (2018). Work-life Balance for Lawyers. Retrieved from: https://www.clio.com/blog/lawyer-work-life-balance/
• Clio. (2022). 2022 Legal Trends Report. Retrieved from: https://www.clio.com/resources/legal-trends/2022-report/read-online/

Introduction

According to a report by Grant Thornton, the LPO (Legal Process Outsourcing) industry in the Philippines is expected to reach US$3.5 billion by 2025. This rapid growth can be attributed to various factors, but one significant reason is the shared heritage between the Philippines and the United States, particularly evident in the history of the Philippine Legal System.

Legal systems are shaped by history and culture. In the Philippines, American influences have played a big role. From the “Audiencia Teritorial de Manila” to figures like George A. Malcolm, the legal system reflects this mix. Understanding these historical links helps us see how laws evolve and how cultures interact. Let us take a brief journey through time to learn more.

Historical and Cultural Parallels in Legal Systems

© John Hay. Library of Congress

In the wake of the Spanish-American War in 1899, Secretary of State John Hay’s proposal for a colonial government provided Filipinos with a glimpse of self-governance. This initiative led to the establishment of the “Audiencia Teritorial de Manila,” a significant entity tasked with applying Spanish laws recognized by the American military governor as continuing in force.

Remarkably, the reestablished Audiencia became the first agency where Filipinos were appointed side by side with Americans. This collaborative effort marked a pivotal moment in shaping the legal system of the Philippines. The recognition and application of Spanish laws by the Audiencia contributed significantly to the foundation of legal traditions that persist in the Philippines even up to this day.

© George Malcolm, Los Angeles Times

Fast forward to 1917, the Philippine legal system became more prominent when George A. Malcolm, an American lawyer, is appointed as an Associate Justice of the Supreme Court of the Philippines. His influence extended far beyond the courtroom, as Malcolm later assumed the role of dean at the University of the Philippines’ College of Law. Teaching constitutional law and legal ethics, Malcolm mentored future Philippine Presidents—José P. Laurel, Manuel Roxas, and Elpidio Quirino.

© UP Malcolm Hall, UP College of Law

In fact, the College of Law building was named “Malcolm Hall” in his commemoration. It stands as a testament to the deep impact Malcolm had on the early development of the Philippine legal system, showcasing the strong bonds between legal scholars in both nations.

Conclusion

It’s fascinating to see how the legal systems in the Philippines and America have followed similar paths, almost like they’re walking hand in hand through history. Considering this parallel evolution, it’s no wonder why outsourcing virtual legal assistants and virtual paralegals to the Philippines seems like a natural fit. With shared values and a deep understanding of legal principles, it’s more than just a business decision—it’s a continuation of a longstanding relationship built on mutual respect and collaboration.

References

• Piton Global (2023). Legal Process Outsourcing (LPO) Philippines: Transforming the Legal Landscape. Retrieved from: https://www.piton-global.com/legal-process-outsourcing-lpo-philippines-transforming-the-legal-landscape/
• George A. Malcolm papers, 1896-1965 – University of Michigan Bentley Historical Library. https://findingaids.lib.umich.edu/catalog/umich-bhl-851764
• Supreme Court of the Philippines Retrieved from: https://sc.judiciary.gov.ph/history/#link-1890s