The Oklahoma Bar Journal May 2023

S UPPOSE NEXT WEEK BEGINS with one of your top paralegals or legal secretaries giving you two weeks’ notice. Maybe they are moving to another location or another local law firm. But now you have an opening to fill. The first response is not about filling the position. First, you must determine if there are any matters the employee is working on that they no longer should. You must also determine whether some network access rights should be changed. FIRST THINGS FIRST If you have been informed the employee is going to work for another law firm, then it is pru dent to check and see what mat ters you have in which that firm is opposing counsel. Hopefully there are not any – or there are only a few old, closed cases. If a departing employee is going to a firm with which you have several contested matters currently under way, it is prudent to have your IT professional restrict that employ ee’s access to those files and to reassign someone else to do that work, even if it is the lawyer. Some firms take two weeks’ notice as an event which it is simpler to let the employee go immediately and just pay the two weeks’ severance. I am not suggesting that approach; I just know it happens. If you want to retain the employee and your

discussing staff hiring. Typos, poorly written sentences and other mistakes are significant for those whose job duties would include proofreading and preparing docu ments and correspondence. CHECK THE REFERENCES It is easy to be cynical about references, assuming someone will only provide the names of people who view them positively. But they must list their employment history. If none of their references are from their most recent employment, you will want to make a note to ask about that omission if you schedule an in-person interview. Asking which lawyers they primarily worked with at that firm and what they did for them is a good start. It is very important to check references, even in this tighter job market. Imagine the worst possi ble disaster scenario someone new could create. Maybe it is a social media mess, stolen client infor mation, stolen money or maybe an event that makes the local or national news. Document the date and time you checked their references or previ ous employer, even if the specifics should not be shared (except per haps with law enforcement when criminal activity is suspected). One challenge in checking references or prior employment is that many employers, including

staff rotates who performs recep tionist duties, it may make sense to have the employee do more receptionist tasks, which typically involve less sensitive information. To avoid adding to or caus ing any negativity, share with the departing staff person that this is the process the firm has adopted, and it is not intended to reflect poorly on them. Rather, it is intended to protect both law firms. You have, no doubt, heard the business maxim, “Fire fast. Hire slow.” No one likes losing a good and trusted employee, but short cutting the replacement process may ultimately result in having to do it far too often. That means you must do your homework. Even if you may find it more challenging to hire a replace ment in these times, you still must invest the time to hopefully find a great fit for the firm who will stay there for a long time. So I still support the traditional practice of requiring a cover letter and resume. If they do not have a resume, you may allow them to submit an employment history. Then look for any mistakes. It might seem harsh to dis qualify a recent law school grad uate applicant for a typo on their resume or cover letter, but we are REPLACING DEPARTING EMPLOYEES

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THE OKLAHOMA BAR JOURNAL