Shutting down her computer for the day, Mary noticed how anxious she was. Yet again, she had received no feedback on the legal opinion she had drafted for the partner, and she was beginning to worry if her job was in jeopardy.
In law firms, far too often, “no news is good news.” You will hear what you did wrong or badly but are much less likely to hear what went well.
In the demanding field of law, nurturing the growth of junior lawyers is essential for their professional advancement and the firm’s ongoing success. And if you are taking the time to train a junior lawyer, you want them to learn and become more adept, thereby helpful to you as quickly as possible. Yet, many forces work against this objective.
- Lawyers may have no training in how to deliver feedback in a way that supports learning and development.
- In a fast-paced legal practice, it can feel like there is little time for such niceties as giving effective feedback.
- Most senior lawyers received little of this kind of support when they were coming up the ranks, so they have little experience to draw on.
In the last twenty years, there has been an enormous amount of research into what helps human beings learn and, conversely, what shuts learning down. While traditional feedback methods have long been the norm, insights from Marshall Goldsmith’s Feedforward approach and the Harvard Business Review article “The Feedback Fallacy” by Marcus Buckingham and Ashley Goodall suggest more effective strategies for developing associates.
Marshall Goldsmith’s Feedforward
Marshall Goldsmith’s Feedforward approach shifts the focus from past actions to future possibilities. This method emphasizes offering constructive suggestions for future improvement rather than critiquing past performance.
Key principles of Feedforward:
- Focus on the Future: Rather than dwelling on past mistakes, provide actionable suggestions that guide junior lawyers on how they can improve going forward.
- Positive and Constructive: Feedforward is inherently positive, encouraging junior lawyers to think about opportunities and potential rather than shortcomings.
- Action-Oriented: Suggestions are clear, practical, and focused on what junior lawyers can do to enhance their skills and performance.
The reason it is important to focus on the future rather than the past, according to Marshall Goldsmith’s Feedforward approach, is that focusing on future possibilities:
- Encourages Positive Change: Future-oriented suggestions are inherently constructive and empowering. They provide clear, actionable steps individuals can take to improve, which is more motivating than dwelling on past mistakes.
- Reduces Defensive Reactions: Feedback centred on past actions can trigger defensive reactions because it often feels like criticism. Focusing on the future helps avoid these negative emotions and creates a more open and positive atmosphere for growth.
- Promotes Continuous Improvement: By looking ahead, individuals are encouraged to think about how they can develop and apply new strategies in future situations. This approach fosters a mindset of continuous learning and improvement.
- Builds Confidence: Future-focused feedback emphasizes potential and growth, boosting confidence and self-efficacy. It helps individuals see a clear path forward and believe in their ability to improve.
- Aligns with Goal Setting: Future-oriented feedback aligns with setting and achieving goals. It helps individuals understand how to reach their objectives, making the input more relevant and practical.
The Feedback Fallacy
“The Feedback Fallacy,” published in the Harvard Business Review, challenges the conventional belief that feedback is essential for improvement. The authors argue that feedback often emphasizes what’s wrong, undermining confidence and learning.
Key points from “The Feedback Fallacy”:
- Focus on Strengths, Not Weaknesses: People learn and grow more effectively when they build on their strengths rather than focusing on their weaknesses.
- Individual Uniqueness: Acknowledging the unique skills, perspectives, and experiences of each lawyer is crucial. Effective development leverages these individual strengths.
- Learning Over Time: Real growth happens over time through experience rather than immediate feedback.
Applying These Approaches in Legal Mentorship
1. Shift the Perspective
When working with junior lawyers, shift the focus from what they did wrong to how they can leverage their strengths.
“I noticed that you have an ability to articulate complex legal arguments clearly and persuasively, which is one of your key strengths. One way to enhance your writing is to ensure the final version is polished and accurate. Proofreading is a crucial step. What strategies can we develop to help you catch typos or incorrect information before submission? Developing your attention to detail will amplify the impact of your written argument.”
2. Encourage Self-Reflection
Prompt junior lawyers to reflect on their experiences and identify their areas for improvement. Questions like “What did you feel most confident about during that case?” or “What would you do differently next time?” can lead to valuable self-insights.
3. Provide Constructive Suggestions
Instead of critiquing past mistakes, offer forward-looking suggestions. For instance, rather than saying, “You didn’t handle that client meeting well,” try, “In future meetings, try to start with a clear agenda to keep the discussion focused.” Or, “What I have found works best is to start with a clear agenda to keep the discussion on track.”
4. Foster a Growth Mindset
Encourage a culture where learning from experiences, both positive and negative, is valued. Emphasize that growth and improvement are ongoing processes and mistakes are learning opportunities. Share examples of your own mistakes and how you learned from them.
As one partner recently told me: “I expect them [associates] to make mistakes. I want them to make better mistakes each time.”
5. Regular Check-Ins
Schedule regular check-ins to discuss progress, challenges, and future goals. Make sessions collaborative discussions about the junior lawyer’s development.
6. Celebrate Successes
Acknowledge and celebrate achievements. Don’t wait for the big achievements; notice the smaller positive steps forward. Recognizing successes builds confidence and reinforces positive behavior. “The draft you gave me hit all the points I asked for and didn’t require me to make any major edits. Good work!”
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