¶ … Stress in the Workplace
SCENARIO
The scenario in this work is one in which the researcher will be considered a manager in a prominent law firm and develop a business plan to overcome stress in the workplace using project management, operations management and information management.
The purpose of the following study is to ascertain the primary methods that have been identified for resolution of workplace stress and specifically in the legal services profession.
The importance of this study is the synthesis of the knowledge that will result from this review of effective resolutions to workplace stress in the legal services profession.
The methodology of this study is one that is qualitative in nature and is conducted by making a review of literature in this area of study in what will be a synthesis of the information in this area of study. The qualitative method is interpretive and descriptive in nature.
INTRODUCTION
Stress is the word that is used most commonly to provide a definition for workplace factors, pressures, demands, and external exposures faced by the individual in the workplace. These issues are labeled as 'stressors'. The work entitled: "Managing Workplace Stress" states that stressors "...are ubiquitous across every facet of our lives. Exposure to stressors can be both work-related and non-work related." (IPIECA, 2005) Stressors are stated to have a "cumulative effect...simultaneous exposure to multiple stressors without sufficient recovery time can lead to increased vulnerability for an individual." (IPIECA, 2005) Work-related stress affects "millions of workers across all types of employment sectors..." (IPIECA, 2005) Outcomes of workplace stress include an increased health risk and risk to the well-being of the individual. Other outcomes of workplace stress include increased rates of absenteeism; increased frequency of accidents; reduced employee morale; increases in staff turnover; and lost productivity.
I. WORK RELATED STRESSORS IDENTIFIED
The typical work-related stressors include: (1) lack of control; (2) time and deadline pressures; (3) poor working relationships; (4) excessive required travel; (5) lack of communication; (6) work overload; (7) understaffing; (8) organizational change; and (9) threat of redundancy. (IPIECA, 2005)
II. OVERVIEW of TODAY'S LEGAL SERVICES PROFESSION
The stress experienced in the workplace by those in the legal services profession, whether through government funded initiatives or whether a law firm handling issues for their clients is often the primary aspect that demands focus but receives the least because it is such a sensitive issue to deal with. Societal paces in the hive-like fashion of fast-paced and rapidly expanding technology linking the world leaves the individual frazzled, burned out feeling like war heroes due to the internalization of this stress and the organizational inflexibilities that drive this stress both in and among workers in today's legal society. Policy and legislation of powers has rapidly altered the landscape of that which constitutes the 'law' or 'legal' aspects of the law firm has these firm scrambling to make meaning of the rules of play in many areas and on many levels of the legal system in today's society. There are new issues both in the present and on the horizon that the legal services sector must negotiate in the capacity and role of legal representative and advocacy of the right of individuals and organization and the governance of judicial and legislative processes of law. Intellectual law has opened doors to new consideration in terms of liability and as well, the Internet has thrust new international aspects of law upon those surfing and working each day across the web pages engaged in business, making new alliances, and in a society that is highly globalized on many levels yet still striving for actual globalization. The first and foremost stressor that occurs among any organization but in all likelihood due to the importance of details in case handling, is the breakdown of communication. One example of this is the failure of the intake person to run a conflict-check that is accurate or to misspell names, write down wrong personal identification information. Failure to secure all information such as having a partial address or no telephone contact number listed. Failure to institute a systematic records-handling process results in case files being mislabeled, misfiled, or documents being lost from the file that are integrally important to the handling of the clients case. Scheduling is often a problem in larger firms where there are several support staff and several attorneys all attempting to take lunch breaks, sick-days and vacation days in a manner that isn't disruptive leaving an attorney with no support staff to process documents or perform other tasks that likely the attorney is not familiar with in their role in the organization. The legal services profession is one, which requires great attention to details, statutes of limitations and time adherence in case procedure. The court appearance of one in the legal profession is such that requires a tightly coordinated schedule often with many courts in many counties in municipal, county and at the state levels of government and in many branches of the courts, both criminal and circuit, probate, juvenile, and other various branches of specialization in areas of the law.
III. WORKPLACE STRESS and EMPLOYEE 'BURNOUT'
The work of Gorkin entitled: "The Four Stages of Burnout" identifies the four stages as being those as follows: (1) Physical, Mental and Emotional Exhaustion; (2) Shame and Doubt; (3) Cynicism and Callousness; and (4) Failure, Helplessness and Crisis (Gorkin, 2003)the work entitled: "Overcoming Objections to Flexible Work Arrangements" published by Work-Life and Human Capital Solutions states that flexible work arrangements of laws and firms "represent a way of working that challenges many traditional assumptions at law firms about how, where and when work gets done, developing and rolling out such a program takes careful planning." (WFC Resources, 2006) in order to overcome these objections and implement flexible work arrangements the following are necessary:
1) Build organizational support. Ensure management support for the initiative and clearly communicate it. Promote the importance of the link between flexible work arrangements and business goals;
2) De-stigmatize and address issues upfront.
3) Formalize the process.
4) Ensure consistent and optimal client service. in-house lawyers primary concern is that counsel from outside be readily accessible when needed and that they be responsive to the concern of clients. Flexible work arrangements are characterized by lawyers working at different times and locations as their colleagues much of the time. It is critical that communication be both effective and frequent. Communication tools include email, voicemail, and online calendars.
5) Recognize that not all positions are alike. Associates whose work requires a significant amount of interaction with clients and/or other lawyers may not be as compatible with flexible work arrangements or may require more extensive planning;
6) Consider the effects on other lawyers, partners and clients. Decisions cannot be made in a vacuum. Determine which tasks and relationships may be affected by a flexible work arrangement and come to some mutually agreeable solutions to potential challenges;
7) Set benchmarks for monitoring and measuring. Propose clear measurable criteria and a period to evaluate the ongoing viability of the flexible work arrangement and, as needed, modify activities and work schedules;
8) Ensure they are still part of the team. Provide the tools and support for supervisors and employees who participate in the program. Every effort should be made to continue mentoring and training program participants and ensure ongoing communication with them. Participation in conference calls, meetings, retreats or other firm social events is essential in ensuring that participants and colleagues recognize that flexibility does not inhibit one's role as part of the team. Participants in the program should share best practices and communicate successes to guide others who may be interested in participating in the future. (Gorkin, 2003; paraphrased)
IV. PROJECT Management
Project management identifies four support levels that should be provided by the manager in the workplace, which include the four of: (1) coaching; (2) key actions; (3) visions and values; and (4) basic terms and concepts. (Guide to the Project Management Body of Knowledge, 2004) the following figure illustrates the four aspects of project management.
Four Levels of Project Management
Source: Guide to the Project Management Body of Knowledge (2004)
Project management refers to proper management of a project, which is defined as: "...a temporary endeavor undertaken to create a unique product, service, or result." (Guide to the Project Management Body of Knowledge, 2004) Arising or resulting from a project are deliverables that are unique and may be in the form of 'products, services, or results'. Project management is characterized by 'progressive elaboration', which means development in increments. The work entitled: "A Guide to the Project Management Body of Knowledge" states "progressive elaboration of a project's specifications needs to be carefully coordinated with proper project scope definition, particularly if the project is performed under contract. When properly defined, the scope of the project - the work to be done - should be controlled as the project and product specifications are progressively elaborated." (a Guide to the Project Management Body of Knowledge, 2004) the project is typically the result of one of several considerations, and in the case of a law firm is generally the request of a customer for results in management of the individual's or group's case. The first step in project management involves identifying the requirements. The second step is establishment of a clear and achievable objective. The third step is finding a balance for the competing demands for quality, scope, time and cost. Finally, the fourth step in project management is the adaptation of the specifications, plans and approach to the various concerns and expectations of the client. It is necessary that the manager understand the cultural, social, international, political and physical environmental concerns of a project as "virtually all projects are planned and implemented..." (a Guide to the Project Management Body of Knowledge, 2004) within these contexts. Required interpersonal skills of the manager in project management include those as follows:
Effective communication;
Influencing the organization;
Leadership
Motivation;
Negotiations with conflict management; and Problem-solving. (a Guide to the Project Management Body of Knowledge, 2004)
The project management system is defined as the "set of tools, techniques, methodologies, resources, and procedures used to manage a project." (a Guide to the Project Management Body of Knowledge, 2004) This leads this work to the next priority of management, which is that of 'information management' in the organization.
V. INFORMATION Management recent study states findings that employees inability to "find key files, emails or documents can cause stress, frustration, arguments, and a bad atmosphere between colleagues at work." (Public Technology, 2008) Due to the pace of technological change it is increasingly necessary that organizations examine the method used for managing information and that the organization implement procedures and policies for accountability in storing documents and other electronic records. The information management system chosen by the organization must consider several factors including the organization's goals, the achievement of efficient document flow, reporting requirements, security, backup copies of records, legal, administrative and regulatory requirements, as well as other key factors. It is necessary that management decide if information management will be through a centralized or decentralized location.
Decentralization advantages include:
1) Immediate access to files by employees;
2) Quick attention to customer/client inquiries; and 3) the ability to set up the files to the specification and preferences of each individual location or department. (Information Systems Management, 2007)
Centralization advantages include:
1) Efficient control, protection and security of all files in one location;
2) the development of standardized procedures;
3) Cost-effective use of personnel;
4) Efficient use of equipment; and 5) a reduction in operating costs. (Information Systems Management, 2007)
VI. OPERATIONS Management
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