Publications — Fair Measure: Toward Effective Attorney Evaluations

Attorney Evaluations: A Powerful Retention Tool

An effective bias-free performance evaluation process has a positive and direct impact on advancement and retention. But, what is an "effective bias-free evaluation process" and does your law firm have one?

The ABA Commission on Women recently released the second edition of Fair Measure: Toward Effective Attorney Evaluations authored by Joan C. Williams, Co-Director of PAR, and Consuela A. Pinto, Director of Education for PAR. This completely revised second edition manual contains a comprehensive review of the current social psychological literature on hidden gender bias and outlines a step-by-step process for implementing and conducting performance evaluations that are free from bias. Additionally, it includes a checklist for evaluating the effectiveness of a firm's current evaluation program, sample evaluation forms and policy, performance evaluation training checklist and materials for supervising attorneys, a summary of the various forms of gender bias, tips for writing an evaluation and conducting the evaluation interview and an instruction packet for completing performance evaluations.

 

16 Tips for Writing a Bias-Free Performance Evaluation

 

Best Practice #1:

Draft the comments before selecting a score from the rating scale.

 

Best Practice #2:

Provide clear, detailed, and factual examples of behavior that either exemplifies proficiency in a certain objective or a need for improvement.

 

Best Practice #3:

Consider only performance during the period of time under review. Base your comments on actual performance and not potential or effort.

 

Best Practice #4:

Comment on every skill or attribute that you had an opportunity to observe during the review period. Do not simply give a score.

 

Best Practice #5:

Weigh individual competencies similarly for all evaluatees.

 

Best Practice #6:

Consider how you may have contributed to the attorney’s performance in either a positive or negative way, particularly in conjunction with examples of poor performance.

 

Best Practice #7:

Avoid using derogatory, disrespectful, or overtly biased comments.

 

Best Practice #8:

Avoid basing scores and comments on the evaluatee’s adherence (or lack of) to gender stereotypes.

 

Best Practice #9:

Be accurate; do not exaggerate.

 

Best Practice #10:

Be consistent with the feedback you provided to the attorney throughout the year.

 

Best Practice #11:

Identify strengths and weaknesses using concrete examples of past performance.

 

Best Practice #12:

Use a positive tone.

 

Best Practice #13:

If appropriate, state where the attorney stands in terms of partnership.

 

Best Practice #14:

Identify areas for improvement and professional development goals for the coming year.

 

Best Practice #15:

With respect to assigning ratings, rely only on actual performance during the period under review. Do not base your decisions on effort or potential.

 

Best Practice #16:

Finally, review the evaluations before submitting them to the next level. Look for consistency among the evaluations, accuracy, and biased comments. Check for implicit gender bias by looking objectively at (1) the ratings given to male and female associates to see if certain competencies are given greater weight in the evaluations of males; (2) whether the actions of female associates were reviewed more harshly; and (3) whether female associates’ achievements were not accorded the appropriate level of significance.

 

 

Order a copy of Fair Measure: Toward Effective Attorney Evaluations.

For Information on performance evaluation training and consulting services available through PAR, please send us an an email.