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First I want copies of the motion papers made to the 10 people on the service list and five more office copies but don’t send it right away, I’m still waiting for comments but then serve only the first one by hand the rest by Federal Express but first make bluebacks for all of them even though the court doesn’t require bluebacks anymore . . . .
Do you find those instructions crystal clear? You do? How about these directions:
Please prepare enough bluebacks for the service list and office copies for these papers, but don’t copy them yet. I’m expecting final comments today by 5 and then we’ll finalize them. If I don’t get comments in time, we’ll serve the papers tomorrow by hand and overnight courier. Thanks.
That is the same set of directions re-worded in plain English, with the addition of the oft neglected phrases “please” and “thank you.”
Secretaries And Support Staff Often Feel Confused
Whether a recent law school grad or a thirty-year veteran, many attorneys have difficulty communicating with secretaries and support staff. Some secretaries complain that they’re given incomplete instructions; others receive no instructions at all—the attorneys they work for assume they’ll know what to do. Other times, a secretary will complete a task or project according to the directions she heard, only to have the attorney say, “This isn’t what I wanted.”
Lorraine Flores, a veteran secretary in New York, recalls receiving instructions that she says, “Einstein wouldn’t be able to figure out. It’s just the way it is in this field. There are attorneys who will put something on your desk and walk away, assuming you know exactly what to do with it. There are attorneys who will tell you everything, including how to lick the envelope and precisely where to put the stamp. You just have to adjust to the personality.” She advises that attorneys give the secretary the benefit of the doubt if she doesn’t get it right.
“Most lawyers are under constant time pressure—pressure to get something off the To Do list, so that s/he can move to the next item on that list,” says David Wirtz, a shareholder at Littler Mendelson in New York. “For a partner, this causes carelessness in terms of communications both with associates and support staff.”
I asked if he found it helpful for secretaries to repeat the instructions back to the attorney. “If I’m time-pressed,” he replied, “or if I think the direction is clear, my first reaction would be annoyance, even though I would recognize just after my mouth opened that this is infantile, since the repeat is presumably motivated by a desire to get it right for me.”
Address The Problem Head-on
To improve communication, support staff should acknowledge that they have to initiate a conversation. But raise the issue so it doesn’t sound like a complaint. A secretary can say, for instance, “I’m having some trouble getting you what you need.”
In addition, have some specific examples on hand of instructions that went awry because of vague directions, so that the lawyer has a sense of what you’re talking about. If the lawyer reacts defensively (and many will), try to avoid an argument and consider revisiting the topic a week or two weeks later. It’s quite possible that s/he has thought about what you’ve said in the interim, says Mr. Wirtz.
Small Changes Can Make A Big Difference
Attorneys can improve communication with their staff in several ways:
- Be specific. Don’t complicate the instructions by saying, “Maybe we’ll need more later, or “Make five copies, but make extra for the file.” If you want 10 copies, say, “I need 10 copies.”
- Ask your secretary or paralegal to repeat the instructions back to you. It’s your last opportunity to correct her before the task is done.
- If the task is done incorrectly, don’t say, “This isn’t what I asked for.” Instead, say, “This was not done as I asked. This has happened before, what can we do to make the instructions understandable?”
- It’s OK to be a perfectionist, but let your staff know in advance what’s expected of them.
Four things not to do:
- Leave “mystery documents” on a secretary’s desk without indicating who the author is (if you work in a multi-lawyer office) because you assume she’ll recognize your handwriting. This is a huge waste of time.
- Give long complicated directions and then say, “But don’t finalize it—I’m still working on it.” Save the complicated directions for the end of the project.
- Yell and scream regardless of the magnitude of an error. It never accomplishes anything (except staff turnover).
- Be overly demanding and obnoxious all the time. Your work will always end up at the bottom of the pile. This is especially true for associates.
Finally, keep in mind this sage advice from an unknown source: “If you take no action to ensure you are understood, you will be misunderstood.”
