OnLive Learning
1 Contributions by OnLive Learning
PRACTICE NOTES
This Practice Note offers guidance on preparing an appraisal form that can be used to evaluate and review an individual’s performance against both objectives and core skills (competencies). It supports assessment against goals and the core capabilities needed to deliver them.
Why are appraisals important?
An effective performance management process typically focuses on the following:
aligning your workforce closely with the strategic aims of the business
improving overall employee performance
supporting employee development and ongoing retention
driving improved overall business results
Creating a competency based appraisal process
It is important to recognise the appraisal form is not a script to be followed slavishly, but a tool that underpins and steers the conversation and creates a structure for capturing what was discussed. The dialogue matters more than the paperwork. Competencies describe the behaviours employees require to carry out a role to a high standard. They concern how objectives are
Practice Management
163 Contributions by OnLive Learning Experts
PRACTICE NOTES
The structure of the negotiation
When stepping into any negotiation, from a multi-million pound deal to sorting the office coffee rota, two core elements matter: the process and stages, and the human dimension—feelings and style. This Practice Note addresses the first; for the second, see Practice Note: The human side of negotiation.
A typical negotiation unfolds in five phases:
planning—pre-work before talks
discussions—scoping what’s on offer
proposals and concessions—the core bargaining
agreement—settling the terms
making it work—implementing the outcome
Although attention often clusters around the middle three, extra effort upfront strengthens confidence and leverage. Remember, the close of talks can mark the beginning of a continuing relationship—the long-term effects may shape which compromises you accept.
Stage 1: planning and preparation
Key things to consider
When planning and preparing for a negotiation there are several key things to consider, and it...
Practice Management
PRACTICE NOTES
Our capacity to sway others is something we call upon every day. It might be a small ask—such as requesting a different meeting time—or a bigger challenge—like persuading the board to invest in new technology. This Practice Note sets out the essentials of influencing, explores personal and positional power, clarifies the boundary between influence and manipulation, shows how to build sway in the boardroom, and clearly pinpoints influencing capabilities during the interview process.
The fundamentals of influencing others
Connecting with those around you
Influence is about working with people, not doing things to them. It is ‘doing with’, not ‘doing to’. It isn’t about forcing your views; it is about bringing others around to your perspective. To make that happen, you need to understand and connect with them, and articulate your vision in a way that truly resonates with them.
Being
Practice Management
PRACTICE NOTES
Numerous legal practices rely on general advice files, or ‘general files’, to log (and charge for) assorted ad hoc guidance for longstanding clients. They are administratively straightforward and favoured by fee earners, as there is no requirement to open a fresh matter for minor queries, reducing time and paperwork and associated administrative burdens. The SRA Standards and Regulations do not forbid the use of general files. How you arrange your file administration remains a decision for the firm. Nevertheless, general files present risks and, where they are adopted, they ought to be handled cautiously indeed. This Practice Note examines risks arising from law firms’ use of general files and outlines methods by which a firm can mitigate, and control, those risks. A single general file may evolve into a storehouse for varied advice and communications, from a brief telephone query, or
Practice Compliance
PRACTICE NOTES
There are five essential stages to boosting efficiency:
Identify (define) which process requires improvement (see Practice Note: Improving efficiency: Step 1—identify and define the problem)
Measure the problem (see Practice Note: Improving efficiency: Step 2—measure the problem)
Analyse the information (see Practice Note: Improving efficiency: Step 3—analyse what's causing the problem)
Improve the process (covered in this Practice Note)
Control, ie embed the new process so it becomes business as usual (see Practice Note: Improving efficiency: Step 5—embedding changes)
Advisers often describe this as the ‘DMAIC framework’. This Practice Note leads you through Step 4—improving the issue identified in Practice Note: Improving efficiency: Step 1—identify and define the problem, measured in Practice Note: Improving efficiency: Step 2—measure the problem, and analysed in Practice Note: Improving efficiency: Step 3—analyse what's causing the problem. It also builds on the earlier case study, which
Local Government
PRACTICE NOTES
Efficiency improves through five core steps:
identify (and define) which process requires enhancement
measure the issue
analyse your data
optimise the process
control, ie embed the revised process so it becomes business as usual
Management consultants commonly label this the DMAIC framework. This Practice Note takes you through step one. For further detail on continuous improvement and the remaining four stages, see Practice Note: Simplifying continuous improvement—law firms. It outlines two ways to identify and define which processes need improving, ie by:
identifying where your processes create waste, as waste signals an inefficient process
determining whether your way of working delivers what your clients want (within reason, ie within the range of what you are prepared to do for your clients)
It also sets out some tactics to bring staff on board at this early
Practice Management
PRACTICE NOTES
This Practice Note sets out how to use a mix of internal communication formats while supporting remote colleagues, hybrid teams and those with additional requirements. It also looks at creating effective two-way dialogue, the contribution of training to better communication, and how to evaluate the impact and success of your communication strategy.
Embracing a range of formats
Strong communication fosters an inclusive, engaged and high-performing workplace in which every individual feels recognised and understood. By adopting varied channels, firms can raise the quality of internal communications. A range of methods also helps meet the needs of remote and hybrid workers, and people who are neurodivergent or have other additional needs.
Many organisations have traditionally leaned on emails and diarised meetings, but technological advances mean alternative formats should be considered. On their own, these methods may not be sufficient or accessible for everyone. Broadening the mix helps ensure
Practice Management
PRACTICE NOTES
This Practice Note explains how to plan and deliver a training course or a presentation. It offers guidance on:
distinguishing a training course from a training presentation
clarifying the aim of the presentation or course
pitching your presentation or course appropriately
pre‑course or pre‑presentation information
managing nerves
avoiding ‘death by PowerPoint’
engaging with delegates
tips for online presentations
handling tricky delegates
gathering and using feedback
The difference between training courses and training presentations
While it may look like mere semantics, a real difference exists. A training presentation is largely one‑way: a message is delivered with minimal involvement from the audience. A training course is interactive, with the trainer engaging participants so that learning arises through relevant activities and discussion as well as from the presentation. The two formats do overlap at the outset, and this
In-house Advisor
PRACTICE NOTES
Embedding learning and development—L&D
This Practice Note sets out guidance on embedding learning and development (L&D) within a firm by aligning it to business strategy, integrating it into everyday practice, and ensuring employees are engaged.
Positioning L&D in the firm
L&D is often seen as a standalone function, separate from the firm’s daily operations. To deliver best value, it must be integral to the business. Accordingly, it should:
be clearly aligned to the business strategy
engage employees on an individual basis
generate measurable outcomes
For more on evaluating the results of L&D, see Practice Note: Building the business case for learning and development.
Aligning L&D with the business strategy
Strategic L&D objectives and measures must be defined and included in the firm’s business plan for genuine integration. These should cascade to departments and
Practice Management
PRACTICE NOTES
This Practice Note sets out advice on crafting a compelling business case for learning and development (L&D). For any organisation, L&D is a material outlay. With a multitude of options available, you must define a robust case for any proposed L&D activity to evidence its impact on the bottom line. Doing so secures initial funding and demonstrates continuing value to the organisation over time. To warrant the cost, every L&D initiative should be tightly linked to business goals, ensuring spend is clearly justified. Without this discipline, it is difficult to show how L&D supports commercial performance.
The challenges of building a business case for L&D
The principal difficulty lies in the asymmetry between clear, quantifiable costs and the more elusive benefits or return on investment (ROI). When outcomes are poor, the absence of training is an easy scapegoat; when performance is strong, isolating the
Practice Management
PRACTICE NOTES
This Practice Note sets out how to create and roll out a plan to cut absence within your firm. See further Precedent: Example Absence Management Strategy—law firms.
What is an absence management strategy?
An absence management strategy is an organised, structured method for handling absence, delivered through targeted measures and interventions designed to lower absence levels and the adverse effect on the firm’s business.
The purpose of an absence management strategy
High rates of absence have a damaging impact on the firm and its workforce as a whole. The aim of an absence management strategy is to bring workplace absence down to an acceptable level that supports, and does not hinder, the firm in achieving its aims and objectives.
The benefits of an absence management strategy
These include:
lower costs linked to absence, including contractual sickness payments, statutory sickness payments and, in some instances, the expense of temporary
Practice Management
PRACTICE NOTES
There are five core steps to raising efficiency:
identify (define) which process needs improvement
measure the issue
analyse the information
improve the process
control, ie embed the new approach so it becomes business as usual
Management consultants commonly describe this as the DMAIC framework.
This Practice Note takes you through step 4—improve—the issue you identified in Practice Note: Continuous improvement—law firms—step 1—identify and define the problem, measured in Practice Note: Continuous improvement—law firms—step 2—measure the problem, and analysed in Practice Note: Continuous improvement—law firms—step 3—analyse what’s causing the problem.
It builds on the case study from steps 2 and 3, which concerns a firm’s new client process.
Making the improvement
Once you have chosen which issue to address first, you can begin the work of implementing improvements. One method for doing this is the five S’s model.
The table below guides you through
Practice Management
PRACTICE NOTES
This Practice Note is aimed at law firms and sets out guidance on running an effective attendance review meeting.
The purpose of conducting attendance review meetings
Regular attendance reviews are a key element of managing long-term sickness where a member of staff has been away for a prolonged period (usually more than four weeks). The aims of an attendance review meeting are to:
examine the reasons behind an employee’s high level of absence; and
where absence is linked to a particular health condition, assess how this affects the employee’s capability to perform the role they are employed to do
Where a long-term health condition is undermining performance and/or driving absence to the point that the sustainability of continued employment is in doubt, the matter should be managed through periodic attendance reviews rather than by invoking disciplinary
Practice Management
PRACTICE NOTES
Creating a values-driven culture is vital for nurturing a positive workplace in your law firm. It underpins ethical conduct, boosts the appeal and retention of talent, and strengthens client confidence.
This guide to shaping a values-driven culture includes:
why building a values-driven culture makes good business sense
how to identify your core values
the most effective ways to communicate those values
practical ideas for weaving the values into day-to-day work
how to assess performance against the core values
how to keep values alive, and refine them, over the longer term
Why building a values-driven culture makes good business sense
Values act as an ethical and behavioural compass, setting the standards that shape your firm’s culture. Your business goals are the ‘what’, while values are the ‘how’. You already know the targets you’re pursuing—the values set clear
Practice Management
PRACTICE NOTES
This Practice Note offers guidance on learning and development (L&D) plans and includes:
the definition of an L&D plan
regulatory requirements
why using an L&D plan is good practice
what an L&D plan should contain
budgets and resources
the corporate alignment of the L&D plan
why an L&D plan may fail
how an L&D plan can aid recruitment and the induction of new employees
reviewing and monitoring L&D plans
What is an L&D plan?
An L&D plan outlines:
what the firm aims to achieve, eg its objectives
the learning outcomes needed to help meet those objectives, eg what staff must change or improve
the training courses and other learning events scheduled to deliver each required outcome
a timetable of L&D measures
evaluation methods used to assess success
In larger firms, the
Practice Management
PRACTICE NOTES
Formulating a learning and development—L&D—policy
This Practice Note sets out guidance on creating a learning and development (L&D) policy. It examines the central considerations, including:
what an L&D policy is
who holds responsibility for the L&D policy
regulatory or statutory obligations that must be met
defining the policy’s content and scope
determining the policy’s aims
methods to develop, draft and roll out the L&D policy
alignment with wider business objectives
reviewing the L&D policy
SRA requirements concerning training contracts fall outside the scope of this Practice Note.
What is an L&D policy?
An L&D policy expresses the firm’s stance on developing its people. It typically addresses training standards, scope, priorities, and the ways employees can access L&D.
An L&D policy is distinct from an L&D plan, which is a strategic document explaining how L&D will support a business in meeting its
Practice Management
PRACTICE NOTES
Approaches to delivering learning and development—L&D
This Practice Note sets out guidance on alternative routes for delivering learning and development (L&D) and covers:
factors to consider when selecting learning methods
learning methods
learning styles
Factors to consider when selecting learning methods
A broad spectrum of approaches to learning, training and development can be deployed to address learning needs across the firm. The choice of method for each identified requirement will depend on a range of considerations, including:
the nature and urgency of the learning need
the learner’s seniority and qualifications
the learners’ location, particularly where remote or hybrid working applies
the subject matter
organisational culture
evaluation of the effectiveness of earlier learning activities and events
available budgets and associated costs
learning styles
inclusivity and accessibility, eg neurodiversity and disability
Practice Management
PRACTICE NOTES
This Practice Note outlines how to pinpoint learning needs and addresses:
what a learning need is
individual learning needs
organisational learning needs
learning needs analysis (LNA) reports
For guidance on identifying initial learning and development (L&D) priorities for your firm, see Practice Note: Formulating a learning and development policy.
What is a learning need?
A learning need is the shortfall between the skills, knowledge or capability an individual or organisation requires and what is currently in place.
Learning needs are commonly examined on two levels:
the needs of the individual
the needs of the organisation
Like any other business investment, learning should be planned, prioritised, targeted and managed to achieve the best possible return.
It is crucial that both the organisation and the individual understand these needs if any proposed training is to deliver maximum benefit.
At both the individual and
Practice Management
PRACTICE NOTES
This Practice Note
This Practice Note helps you enhance efficiency in your firm by selecting the appropriate tool(s) for each phase of the five-step continuous improvement process, as set out in Practice Note: The five steps to continuous improvement, ie:
define (ie identify)
measure
analyse
improve
control
This is known as the DMAIC framework. It is an excellent approach to follow when you are working to improve an existing process. It leads you through each element one step at a time and ensures you...
Practice Management
PRACTICE NOTES
Interviews remain a proven hiring approach, and you can enhance them with alternative selection techniques aligned to the vacancy. Certain options suit senior legal posts, while others fit junior or support positions. The strongest route to pinpointing the ideal hire is a well-planned interview combined with relevant assessment. Selection methods should reflect the level and duties of the appointment. Match each exercise to genuine role requirements to keep assessment fair and focused. Avoid unnecessary tasks that do not evidence the competencies you truly need. Keep the process proportionate. It may seem self-evident, but ensure you deploy exercises solely to test competencies needed for the job—for instance, there is no point asking for a presentation if presenting is never part of the duties. This Practice Note includes:
assessment centres—what they are and when to use them
psychometric testing
other tools for
Practice Management
PRACTICE NOTES
Finding and hiring the right person is challenging and time-consuming, and misjudgements can become costly for the firm. It’s essential to get it right from the start: be clear about the individual you need, where to locate them, and what to prioritise when screening CVs.
The cost of recruitment
Recruitment can be costly, particularly for senior staff and partners. A range of elements drive these costs:
salaries and pension contributions
easing-off time
getting up to speed
client care issues
placing job adverts
agency fees
your time reviewing CVs
your time interviewing
HR admin—references, offer letters, etc
IT—changes to phones, logins, email lists, etc
With such a commitment of time and resources, it’s vital to get it right from the outset. Recruitment involves six main stages:
determining whether a vacancy exists
drafting a job
Practice Management
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