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In this episode of the Trial Lawyer Nation podcast, Michael sits down for the second time with Tim McKey, co-founder of Vista Consulting. As a business consultant who works with law firms, Tim was welcomed back to the show to talk about the effects of COVID-19 on law firms, measuring success using KPI’s, organizational culture, hiring, optimum vs. maximum, new trends in the industry, and transparency at your firm.

Michael and Tim begin their conversation with a look at remote work and how to measure the performance of your team members when you can’t see them. Tim’s solution doesn’t vary whether or not there’s a global pandemic. He insists you should ALWAYS measure success using KPI’s (Key Performance Indicators). This strategy focuses on the output of the employee, not the input. For example, a common KPI for a paralegal is to contact every client and conduct a meaningful check-in every month. Measuring this produces an objective number which can be used to evaluate performance and coach the team member on.

Michael then speaks to his experience using the KPI dashboard, and how he used to struggle to stay on top of it. Tim explains how the highest performing firms have somebody assigned to it, such as an Operations Manager. Some firms find success in the owner managing KPI’s, but Tim says it all comes down to what the owner is passionate about and good at. The goal is to remove as much of the other “fluff” as possible and hire great people to do the rest.

A brief discussion about the merits of having daily meetings leads Michael to ask Tim how to maintain culture when many are still working remotely. Tim explains that it’s even more crucial to intentionally develop culture when you’re not meeting in person. You do this through daily meetings, social events, strong core values, and reminding everyone of their part in the firm. After sharing an enlightening example of a receptionist and their huge purpose in the firm, Michael proudly recites his firm’s core values. He says them at the beginning of every meeting to remind his team members (and himself) of why they do what they do. This has also helped make decisions in the office and staying true to their values.

Tim adds that defining your core values makes the hiring process a lot easier, which leads Michael to dig deeper into Tim’s advice for hiring good team members. Tim insists that finding a good cultural fit is even more important than finding someone with the right skills, because it’s easier to train skills than values. His hiring process, which he calls “intentional hiring,” takes a LOT of time. He brings the prospective team member into the office, has them sit beside people, and explains to them in detail what their values and KPI’s are. Even with this lengthy hiring process, Tim says, “You’ll never bat 1000.” But, as Michael agrees, you can’t measure the cost of a bad hire. This thinking is why his firm is now creating an internal paralegal training program to help him continue to promote from within.

After a conversation that tied culture to college football, which will resonate with Alabama and A&M fans alike, they move on to discuss Optimum vs. Maximum, first in the context of intakes. Most lawyers saw a downturn in intakes during the pandemic, but Tim shares how there are two ways to a grow a law firm – get more cases, or add more value to the cases you already have. Citing The Dip by Seth Godin, Tim explains that while your reservoir of cases may be low, it’s not dry. Work on pushing the cases you DO have over the dam. Michael then ties this in beautifully to how far you push a case. It makes sense to push certain cases all the way to trial, but on other cases it’s better for the lawyer and the client to settle earlier on.

As a business consultant for law firms, Tim is always ahead of the curve when it comes to news and trends that effect how law firms do business. Something he’s keeping a close watch on is non-lawyer ownership of law firms, which recently became legal in both Utah and Arizona.  He and Michael discuss the possible consequences of non-lawyer ownership, most notably consolidation of firms into large national practices. Michael says he’s already noticed this happening in large markets, and he’s very glad he found a niche in trucking litigation. Tim agrees within the next 10 years, it’s going to become very hard to be a general firm if you don’t have a huge advertising budget.

Tim and Michael end their conversation by talking about transparency. Tim shares an enlightening “10% rule” that he encourages every lawyer listening to consider. And while he falls on general transparency as much as possible, he acknowledges some limits to that.

If you’d like to learn more from or work with Tim, you can visit his website, email him at tmckey@vistact.com, or call his cell at 225-931-7045. He also has his annual conference coming up May 6-7 in Dallas, Texas, which will have in person and virtual attendance options.

This podcast episode also covers a creative way to take advantage of the competitiveness of lawyers, why daily meetings and word choice are so important, the problem with traditional recruiters, developing “a discipline” in your team members, why Michael has two types of “clients” at his firm, deciding who can work remotely vs. who needs to work in the office, and so much more!