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Avoiding a two-tier workforce: non-fee earners are just as important as lawyers

So often the light is shone on those work-hard-play-hard perfectionists known as lawyers. There have been countless representations in the media about the (only sometimes fictitious) scandalous lives of lawyers, and often very little thought or airtime is given to the non-fee earning staff that surround them.

The same can be said about the internal policies of many law firms in the UK. The focus will often be on making sure the partnership (the majority of which being lawyers themselves) is diverse enough or making sure lawyers are looked after so that client service does not suffer. But what about those on the periphery?

Law firms aren’t only made up of lawyers

Business services and other non-fee earning staff provide vital services to law firms. In fact, they have some of the most challenging clients – incredibly demanding; under a huge amount of pressure themselves; and working all hours of the day and night. It’s no wonder lawyers make the worst clients!

We’ve all been in situations where you log on early to get a document that came in overnight turned around quickly, but Outlook isn’t playing ball. You call the IT helpdesk, but it’s 7.30am and there’s no answer. You leave a voicemail, and then you email. Then you try calling again because you really do need to get that document out. I’m feeling stressed just imaging that scenario!

Now, consider the impact that pressure will have on the person on the other end. Business interruption in any industry, let alone one that is client-facing and highly saturated, is incredibly high pressured – the staff in question are expected to have contingency plans, answer to a huge number of clients in one go, and make quick decisions as to how best to fix something before even knowing what the problem is.

What about those who have to make sure firms are compliant with the ever-changing and increasingly restrictive SRA and anti-money laundering requirements? The legal press is littered with horror stories about compliance nightmares and with our current love for cancel culture, the reputational consequences are often worse than any fine or penalty that a firm may be subject to.

All staff need support

It is more vital than ever that law firms do not overlook non-fee earning staff when establishing approaches to wellbeing, mental health, diversity, benefits and remuneration. Carrying out an annual diversity, inclusion and engagement survey is an incredibly helpful step towards this, as this provides a clear indication as to where a firm is falling short.

A survey undertaken by Stevens & Bolton in November 2021 revealed that business services and non-fee earning staff had the lowest engagement score, highlighting a key area for the firm to improve. Spurred on by these results, we have considered what could be done to change this – a step we feel all law firms should be taking.

What steps should law firms be taking?

A very easy and effective step towards changing this is making sure that all mental health initiatives are offered to all staff in the firm, regardless of an individual’s role or position. Having access to employee assistance programmes and mental health first aiders can play a vital role in achieving this, ensuring that staff always have someone to speak to. This could involve having a peer at the firm who understands the pressures of their day-to-day role.

Encouraging all members of the firm (not just lawyers) to join any staff consultation or diversity and inclusion committees helps to ensure everyone feels included, with various forums available for staff to have their say on the culture of the firm.

Having clear career frameworks and career progression is also crucial. Not knowing what your future holds or what is expected of you can have a huge impact on mental health, especially if you like to set expectations for yourself that go beyond what is actually expected of you in your role – hello burnout!

I could go on – but there are so many small steps that firms can take that can make a huge difference to employees’ mental health at work. At Stevens & Bolton, we’re looking forward to the results of this year’s survey to see what impact our changes have had.

The overriding message to convey is that one size does not fit all. Just as much consideration and effort must be given to looking after the Donnas of the firm as is given to the Harveys (secretaries and lawyers for those of you who have never watched Suits…).

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