What gets measured gets
done’ is a universal truism
that law firms regularly
ignore when designing and implementing
their performance management and reward
systems. It is crucial that everything is
aligned with the organisation’s strategic
objectives.
Many firms have moved (or are
moving) towards using a series of
interrelated metrics that are combined
into a ‘dashboard’ that drives investment
priorities and forms the basis through which
individual performance is measured. For
an effective approach, the starting point is
to decide what to measure and to ensure
that these factors will deliver the desired
strategic outcome.
In practice, this is more challenging than
it might appear. While some appropriate
measures will be clear from the outset,
others will be more obscure. Defining
the ingredients is one aspect, but putting
together the appropriate mix is key.
Measuring performance
The most critical aspect of this design
process is the ability to project the
combined impact of delivery against these
metrics on the future performance of the
business. This can be as much an art as
a science; changes will need to be made
within the firm’s unique cultural context and
management structures.
Traditional measures tend to be lagging
indicators – they track performance that has
already happened and monitor it against
predefined targets or plans. They flag up
divergence and allow corrective actions to
be implemented, but there will always be
a lag between the issue occurring, being
identified and being resolved.
Typical accounting measures such as
time recorded, fees rendered and recovery
rates fall into this category. Technology can
now make these measures only hours (or
even minutes) behind real time, but they
are lagging nonetheless. Such indicators will form a key part of any performance
management system but, in themselves,
will not give the whole picture.
In terms of driving future results, leading
indicators can be very informative, but it is
more challenging to define, measure and
foresee their impact with confidence. These
are the indicators of likely future success –
predicting what will come next rather than
measuring what has just passed.
As an example, a leading indicator of
future revenues might be the number of
sales meetings held, the number of tenders
in progress or the number of presentations
being made (all of which form part of a
sensible sales funnel). A rise in these
leading indicators increases the likelihood
of improved sales. But, just how much will
the top line increase and how quickly?
The answer to this question is multifactorial
and will depend on competitive
issues (the number of other firms tendering
and pricing, the best fit between the service
offer and client demands), the general
economy, client-side factors (such as
the urgency of the assignment and price
sensitivity) and the firm’s own business
development and sales capabilities.
Nonetheless, indicators that measure
performance at key points of this pipeline
can be extremely useful in highlighting
which critical events drive success. They
can also identify weak links in the chain,
allowing focused and prioritised corrective
actions to be implemented.
Weighting metrics
It is both inevitable and desirable that
performance measurement modifies
behaviours, focuses efforts and increases emphasis on the factors that will drive
success. Taking this thinking to the next
stage, it is also important to agree what
weighting should apply to each factor.
This will serve to further ensure that efforts
are prioritised in the right areas.
However, if these metrics have the
unintentional effect of motivating effort and
improvement in areas that do not optimise
performance, but are easier to track, a huge
opportunity is lost and limited resources are
wasted. Worse still, one needs to constantly
monitor for unintended consequences or
‘gaming’ of the system by those intent on
maximising their scores. This not only
sub-optimises performance but also
takes the firm backwards in inadvertently
promoting the wrong types of behaviours.
How accurate measurement will be
made should feature in the planning stage,
as well as in the way in which reporting
or feedback is conducted. Ultimately, the
firm needs to be committed to using its
performance indicators as a central part
of its appraisal and management system.
It needs to link career progression and
rewards to them. Without this link, the true
impact of any initiative will be lost.
Implementing such a programme will
also highlight the often high-status people
who occupy the ‘maverick zone’ in the
belief that the rules apply to everyone but
themselves. Such behaviour can be hugely
disruptive unless dealt with quickly, firmly
and unequivocally by the management team.
There should be no exceptions if long-term
success is to be achieved.
A holistic approach is needed to
put in place the necessary systems and
processes, as well as to deal with the
cultural challenges. This will ensure the
effectiveness of efforts to align performance
measurement with strategic objectives.