This post has been updated on 8/16/10.

“I’ve tried delegating more. It doesn’t work.” That’s a common lament I hear when I work with overwhelmed lawyers. Yet, the quickest way to reduce your workload is to pass some of it off to someone else. It’s true that ineffective delegation doesn’t work. So how can you delegate more effectively?

Levels of Delegation
First, recognize that there are different levels of delegation that are appropriate for different people. Many of us delegate at one of the extremes. Some delegate the entire task to a subordinate and never check back in, only learning that the task has not been accomplished at the crisis point. Others delegate, and then micromanage how the work gets done, frequently taking back parts of the project. No wonder “delegation doesn’t work.”
To delegate more effectively, identify the level of responsibility appropriate for the delegate and the task. Here are some levels to consider:
  1. Follow these written instructions step-by-step, then provide the finished product to me to review;
  2. Develop a suggested plan for proceeding, then check with me for plan approval before proceeding to the next step;
  3. Develop a plan of action and proceed; report to me at specified intervals;
  4. Develop a plan and proceed, then report to me if there are snags;
  5. Develop a plan, proceed, and report to me when the project is completed;
  6. Just do it; no reporting necessary.

Clear Communication
Second, make certain that you make your objectives and expectations clear to your delegate. Can you provide a form or example that illustrates what you expect to receive? Does the delegate understand why this task needs to be done and what level of care needs to be used? Disposing of the trash does not require the same level of care as disposing of confidential documents or medical waste. One way to check the delegate’s understanding is to ask him to summarize the important points of the assignment, as he understands them. You can then clarify any fuzzy points.
Third, make yourself open and available for questions and clarifications that come up. You will spend less time answering questions than you would spend cleaning up a project that went off in the wrong direction. Have an attitude that rewards questions. If you make them feel stupid or bothersome for asking, they won’t ask when they need to.
Written Instructions
Fourth, create documented step-by-step systems for redundant tasks. As a young associate in a big firm I carefully trained my new paralegal all about how to set up project specific corporations for our very active client. A partner then “stole” that now skilled employee. After the same thing happened with the next paralegal, I got smart and created a step-by-step “how to” notebook. From then on I could delegate that work to any paralegal with minimal instruction time on my part.
Follow-up
Fifth, if you delegate multiple tasks or to multiple persons, have a way to keep a record of who’s supposed to do what by when. High-tech lawyers can use project management software, Outlook’s task management feature, or flagged emails in project folders. Low-tech lawyers can use a carbonless memo notebook that copies the note jotted to the delegate. Whichever way, follow-up periodically and request completion reporting.
If you truly follow all of these delegation guidelines, and delegation still doesn’t work, you may need to consider whether there has been a hiring error.

UPDATE 8/16/10

Many attorneys won’t invest the time to create effective delegation structures when they are already too busy. If business has slowed for you during the Great Recession, this is an excellent time to lay the groundwork for practicing more efficiently when business picks up.

Get your assistants working on creating or updating that office manual. Document your instructions for frequently occurring tasks. Conduct experiments with the different levels of delegation described above, and have a debriefing session with your associates and staff to learn where you need to tweak your approach. Conduct the training that is needed so that you can no longer say “It’s just easier (or faster) to do it myself.”