Advocacy-Matters-Fall-2022

Be kind, not “nice”
Telling people what they want to hear is “nice” but it’s not terribly instructive. It is “nice” to give associates
A+ reviews lightly side-stepping any discussion of their shortcomings. It’s not so nice when those
associates are lulled into a false sense of security for their partnership bids and blindsided when they
are passed over. Telling people what they need to know is kind. Have frank discussions with associates
about their realistic prospects for partnership, areas for improvement, and any interpersonal baggage
that may be weighing them down. Straight talk goes a long way, especially if it is delivered calmly and
respectfully, and if it is rooted in good intentions. Candour is an act of care.
MENTORING
Word to the Wise: Ending
the Dread of Performance
Reviews
Megan Keenberg, Van Kralingen & Keenberg LLP
Performance review season is upon us: the most dreaded hour of an associate’s year. Historically,
our profession has been bad at giving and receiving constructive feedback. Even our toughest
litigators balk at the prospect of providing frank critiques or (gulp!) receiving them. What drives
the dread? For the most part, it stems from focusing with tunnel vision on the unchangeable
past, without providing opportunities for progressive development. Five simple tweaks in how
we approach reviews can put an end to the dread.
Provide real-time feedback
Associates feel ambushed by critiques of work that they submitted into a silent void, months prior.
Providing feedback, especially critical feedback, on work performance months after it was completed
does not achieve the purpose feedback is designed to meet, namely, teaching. Late feedback deprives
the associate of the opportunity to learn from the critique, to correct mistakes or explain their thinking.
Without the opportunity to learn, negative feedback is merely punitive and unproductive. Contemporaneous
feedback - both positive and negative – short-circuits dread (because there is no time
for it to materialize!) and provides meaningful opportunities for learning and connection.
Focus on the future
Use the time in annual meetings to co-create a plan for the upcoming year. Reflections on lessons
learned from the prior year will be instructive and empowering when viewed as part of a
prospective plan, rather than disheartening or demoralizing when viewed solely in retrospect. The
past is static, but the future is pliable. A forward focus will help associates build resilience and
confidence.
Private critique/public praise
Respect your mentees’ dignity by providing constructive or corrective feedback
privately, but feel free to shout praise from the rooftops! Give credit where
credit is due, and make sure that all decision-makers know about significant
milestone achievements and wins.
Get as good as you give
Invite associates to provide you with their own feedback about how you might
improve your mentorship, training and relationship with them. Not only will their
feedback help you continuously develop your own skill sets, but it will also permit
your associates to develop their own skills in critically assessing others’ work
performance and conveying feedback with kindness and candour.
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