Appraisals
Appraisals can be a particularly controversial topic for trainees. Some teams may be known for giving generally higher scores than others; different appraisers may interpret comments from the wider team in different ways; producing substandard work for one person can result in feedback that overshadows the positive feedback given by others; mistakes made closer to the time when an associate provides feedback may be remembered more clearly than mistakes made at the start of your seat. And so on. This isn’t necessarily fair, and some firms have better, more objective appraisal systems than others, but it is worth bearing all of this in mind.
Sometimes junior supervisors can be far more critical than seniors, or it may feel like some appraisers include negative feedback purely because they feel they cannot leave the “development points” section of a feedback form empty. “Attention to detail needs improvement” is frequently bandied about, but rarely alongside much detail or justification. Comments like this are difficult to dispute, so easy for supervisors to include. This may especially be the case if you do not receive supervisor feedback directly (instead receiving an anonymous summary of feedback from the person leading your appraisal).
Saying that, ex-Freshfields partner and author of ‘Faultless Grammar’ Ben Staveley reflected that in his experience: “such observations about trainees' attention to detail is often justified, even if supervisors giving feedback do not keep evidence of the spelling and punctuation lapses that trainees commit (which have vanished with a click of the mouse as the supervisor resignedly corrects them)”. He added that “there is nothing more irritating as a supervisor than having to correct errors that the trainee should have spotted before submitting a piece of work. As a partner I never used to mind a trainee getting the law wrong - it's hard. But I got vexed if they did not at least take the trouble to eliminate avoidable errors”.
With all this in mind, I have decided to present you with some of the good, the bad and the ugly that my colleagues and I experienced during our training contract appraisals, in the hope that these insights will give you an idea of the types of behaviours/errors that can make or break your appraisal (and of course, we invite you to avoid the errors that we made!).
Receiving feedback
Feedback is important, as it can help you to continually develop your technical, commercial and interpersonal skills. For this reason, you should ask for feedback on an on-going basis and be prepared to take it on board (i.e. think about what you’ve been told and then act upon it). Receiving ongoing feedback can also reduce the risk of you being blindsided in an appraisal.
Even if you think you are doing well, feedback can help you to understand how your supervisor likes things to be done. Your current methods may not be “wrong”, but you could create a better impression by understanding, for instance, your supervisor’s formatting/structuring preferences for documents, the way they like things to be printed/presented, or the length and detail they prefer for research assignments. You should be grateful that those providing you with feedback are giving up their (usually valuable) time to help you develop. Be open to feedback and listen objectively. Be receptive, resilient and adaptable, not defensive. Remember, you are all on the same team after all, so don’t take negative feedback personally or complain. Explaining why you took a certain approach can be ok (especially if you were told to do so by another supervisor), as long as you do not react defensively or blame others.
Whilst receiving feedback, take notes, ask for clarification if necessary, and reflect. If you receive negative feedback, ask how you could/should have done things differently and how you should change your approach in the future. Asking questions can help to show the person who’s giving you feedback that you are listening intently and taking the feedback on board, which can reflect well on your character. Subsequently, make a real effort to demonstrate that you have taken on board your feedback by making the necessary adjustments to improve. This could lead to exceptionally good feedback further down the line, as the ability to improve on weaknesses is essential for commercial lawyers.
In addition, if your supervisor amends your work but doesn’t give you specific feedback, consider asking them to explain why your approach was incorrect (unless it is obvious). How else will you know how to avoid the same mistakes next time? Seek direction! Moreover, when you receive positive feedback, consider asking how you can further improve your technical and professional skills, as this can show your desire to truly excel.
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