Feature

posted 4 Nov 2003 in Volume 6 Issue 6

It’s no big deal: Overcoming the pain of giving feedback

While many lawyers can ably communicate their client’s position on a legal case, the same cannot always be said of their ability to communicate effectively with their staff. What’s the problem? Why are conversations concerning performance often so terrifying for those concerned? Magdalene Lavery, co-founder and strategic director at Davies Lavery Solicitors, attempts to answer these questions by looking at ways of taking the sting out of delivering feedback, and turning it into a valuable experience for both parties.

The dreaded appraisal

In many organisations, the only opportunity to discuss performance is the annual event of the often-termed dreaded appraisal. Both parties psyche themselves up. They approach the meeting with a mixture of fear and trepidation. So what is all the fuss about? The clue is in the word annual.

Those areas of your job role that you’ve carried out frequently are ones where you build up skills and experience and ultimately create a comfort zone for yourself. You know what you are doing and what to expect. You are ready for most eventualities.

It follows that those once-a-year jobs where you might be using skills and addressing issues that have been safely tucked under the carpet for up to 364 days, with an hour or two’s preparation at best, will have a scary feel to them.

For most professional-services firms, the salary bill is the most significant if not the biggest overhead. It is of little surprise, therefore, that all serious commentators agree that an effective appraisal, in terms of increasing motivation and unlocking the potential of staff, has a direct and tangible effect on the organisation’s bottom line. So wouldn’t it be good to deal with appraisal issues such as performance and objective setting more often?

Regular dialogue

On-going communication between managers and staff can solve a lot of problems. Indeed, effective communication can and does prevent circumstances arising that will eventually manifest themselves as a problem if left unresolved. Prevention is always better than cure. With regular dialogue, the annual appraisal is transformed into a culmination of a year’s worth of constructive talking; a major review rather than a major headache.

So what does effective communication mean in this context?

It means giving feedback on performance on a regular basis by acknowledging what has been done well and discussing areas for development. It means being clear about the standards expected and setting objectives to ensure they are met. Above all, it means communicating your belief in the potential of your staff and affirming your support for them in achieving it.

Making communication of this quality a habit should be the personal objective of all good managers. How can this be achieved? The first hurdle to overcome is time. How often do lawyers say they are too busy for jobs beyond transactional work and client development? However, if they have been appointed to a staff-management position, they are paid to manage the staff who report to them. They are paid to manage the firm’s major asset (and overhead), so how could they not plan in the time? It may take a culture shift to ensure that quality management time with staff is treated as a priority, rather than an inconvenience. Once a priority is recognised, it is amazing how easily time can be allocated to it.

The second hurdle to surmount is confidence in using skills that may not, at the outset, come naturally. It perhaps goes without saying that the more you use or do something, the easier it becomes. But that presupposes you get started in the first place, that you take the plunge.

The final hurdle is the change of mindset required to get away from the idea that giving feedback is synonymous with reprimanding. It’s not a question of good or bad. It is just as much a matter of acknowledging good performance as it is discussing how to tackle areas that need improvement. The One Minute Manager¹ suggests that managers should catch employees doing something right and tell them. If the organisation’s recruitment and training policies are effective, this shouldn’t be difficult.

You may also be familiar with Stephen Covey’s concept of an emotional bank account from his Seven Habits series². The bank account is a metaphor for the amount of trust that is built up in a relationship. If frequent deposits are made to the bank account in the form of positive encouragement, support, praise, etc., there is a healthy balance against which to draw when a withdrawal is needed, for example, negative feedback or criticism.

Communication skills

Once you have set up monthly meetings with your staff, as with most areas of work, it’s all in the preparation. It may only be ten minutes or so but consider beforehand what issues you want to cover and what outcomes you want to achieve. Be constructive and in a problem-solving mode. You are looking for solutions where there are areas of improvement you wish to discuss. You are not venting your spleen, which might make you feel better but changes nothing.

The following might be helpful to consider when preparing to deliver feedback on performance effectively, meaning in this context, likely to be well received and acted upon.

Be specific

Give examples to back up the points you are making as opposed to generalised criticism or praise. If you want behaviour to be repeated (because it is good) or changed (because it is not achieving the required results), the staff member needs to clearly identify what area of their performance you are praising/criticising. Say: “On file X you missed a case-management conference or on file Y you put in your pre-completion searches in late,” not: “You’re always missing deadlines.”

Do not personalise

Be clear about the performance issues you want to address. Do not confuse issues with personality. Whether or not you like the character of the person you manage is irrelevant. You are discussing their performance not them. Say: “I am concerned that you have missed deadlines,” not: “You’re slapdash and lazy.”

Explain the effect of the behaviour on colleagues, clients, etc.

Say: “Did you know that your colleagues had to drop everything when they realised the trial bundles hadn’t been lodged in time. This put them behind with their own work.” The point is we do not always know how our behaviour affects others.

Listen

Remember, communication is a two-way process. Having explained what the issue is, invite the staff member’s comments. Are there any personal factors that are relevant or work-related issues such as work overload or skills gaps? Say: “That’s how I see the issue. What do you think? Do you know why it is happening?”

Stay on track

Do not allow the conversation to stray away from the issue. While you must leave space in the conversation for the staff member to have their say, you as the manager are in charge of the agenda.

Be constructive

Be critical but not damning. Offer suggestions and remember you are looking for solutions. Say: “While I am not happy with the report you did for me last week, I know we can work together to sort this out. What would help you to improve in this area?”

Set objectives

Agree a way forward. Ideally this will come from the staff member. Make sure the action proposed is SMART (specific, measurable, attainable, realistic, trackable) and note any involvement you have in the solution. You are looking for a win/win outcome.

Follow up

Do not give feedback and run. Inevitably, you are part of the solution. Monitor progress at review sessions throughout the year. Support and encourage. If the solution you agreed at the time does not work, try something else.

Remember

Be careful when using the words “but” and “however”. What you say before these conjunctions may be completely invalidated by what you say next. Use “and” instead.

Say: “The particulars of claim you drafted last week were good in part and (not but) I think you would benefit from working with a more experienced colleague on this type of assignment to move your learning on further.”

Required skills

As you will need a high level of communication at these review meetings, the two essential skills that will be exercised throughout the sessions are active listening and effective questioning. You need to get at the issue and in the case of negative feedback, fix the problem. To achieve this you can do no better than set out the issue and ask the staff member to explain why it is happening and what can be done to address it.

Active listening

While most of us are blessed with good hearing, listening that is active and focused is not always our forte. This is surprising given that any of us are proofing witnesses and taking instructions from clients is an everyday part of our jobs. The following are characteristics of active listening:

Give the speaker your full attention – maintain eye contact when appropriate;
Minimise blocks to concentration – divert telephones and make sure others know you are busy;
Think about your body language – make sure that your non-verbal signs are consistent with attentiveness;
Do not interrupt unless it is absolutely necessary;
Acknowledge what is being said by, for example, nodding;
Paraphrase/reflect every so often, for example: “So what you are telling me...”

Effective questioning techniques

Do not forget that the staff member knows better than you why they find some areas of their performance more difficult than others. Only when you can establish why something is happening can you move towards doing something about it. So the use of appropriate questions will be an important part of the dialogue.

Not all questions have the same impact on the recipient as others. Think about the following categories of questions and when to use them:

Use open questions when you want the other person to talk: “Could you tell me what happened?” or: “How to you feel about it?”
Use closed questions if you want specific information: “When did it happen?” or: “Do you agree?”
Be careful about the use of leading questions: “I am sure you are happy about that, aren’t you?” or “Don’t you think you ought to…?”
Probing questions can be used to fill in details or to explore a topic further: “What did you say?” or “How did you go about it?”

Practise makes perfect

Meeting with staff on a regular basis will build a good working relationship and give opportunities to discuss performance outside of the annual appraisal. The meetings might seem difficult at first as you feel your way through uncharted territory, but it gets easier as the relationship builds and performance is no longer a difficult conversation.

With regular deposits into the emotional bank account, the staff member will become more receptive to criticism of their performance as you have previously acknowledged their successes. They will not think that you consider them useless. If they are, you have a capability issue which is outside the scope of this article.

Gary Player, the great golfer, said: “The more I practise, the luckier I become”. So give it a try and get lucky.

References:

The One Minute Manager, by Spencer Johnson, Penguin Putnam, 1983
For example, The Seven Habits of Highly Effective People, by Stephen Covey, Simon & Schuster, 1990

Magdalene Lavery is co-founder and strategic partner at Davies Lavery Solicitors. She can be contacted at: magdalene.lavery@davies-lavery.co.uk.