Should Corporate Counsel conduct Employment Law training for our managers? 08-12-2009

Definitely! Some in-house corporate counsel and lots of outside law firms offer employment law training to their clients. Some companies consider this to be a good way to save costs, but there are definitely some risks to consider. Fair Measures founder Rita Risser addressed this issue and others in a white paper we published in December of 2008 entitled: Legal Mandates for Training Managers in Employment Law.

Here are some things to think about before you decide:

1. It can create a conflict of interest:
   If there is litigation, how can counsel argue the training was effective if counsel was the one providing it? In many courts, the judge will not allow the attorney who did the training to participate as a lawyer in the trial. So, rather than saving money, your company will have to go out and hire a new law firm to handle the litigation, paying them $250 to $500 per hour just to get up to speed on the facts of the case.
2. Do they have the appropriate knowledge?
   Employment law is a very dynamic field, and unless the trainers are primarily employment lawyers, they are unlikely to be current on cases, issues, and trends. Real life is much funnier and instructive than fiction. Our attorney-trainers tell wonderful stories of real cases that make the law come alive.
3. Are they great trainers?
   Even when in-house or outside counsel has the substantive background to provide legal training for managers, they may be terrible trainers. Engaging adult learners and presenting legal concepts in plain language are additional skills that few attorneys have. Over the past 20+ years we have interviewed more than a hundred attorneys with years of employment law experience, but only a few became successful trainers with Fair Measures.
4. Are they the right messengers?
   Familiarity breeds contempt, they say. Often, the training message may be heard better if from an outside expert.
5. Is training the best use of attorney time?
   Training, especially for a large company, can take in-house lawyers away from their primary duties. This in itself poses a risk to your company.
6. How good are the course materials?
   Legal training for managers should not be like law school. (Thank goodness!) Our attorney-trainers have worked together for more than twenty years to develop courses that are fun and engaging. A full-day program includes small group discussion, quizzes, large group discussion, role plays and case studies, to get people involved so they remember the content.

I hope this is helpful to you in making your decision about the best way to train your new managers effectively. Training managers to create a respectful and productive workplace and prevent litigation is extremely important in today's economy. Good luck!

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.