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In this episode of the Un-Billable Hour’s Seat at the Table: How do you know when a hire isn’t working out (hint: you already know) and then pull the trigger and let them go?

It happens: you hire someone, and it doesn’t work out. So many firms put off the hard discussion: terminating an employee. It’s not pleasant, but it’s necessary. That’s where planning, preparation, and an established process come into play.

Is it a lack of communication? Or a truly bad fit? Establish performance metrics and address issues early on and help avoid surprises. When it’s time for the firing discussion, everyone should already know what’s coming because it’s been out in the open for a long time.

Clarity can reduce the risk of labor law tangles after the termination. Don’t let a fired employer create more problems. Reviews, management consultations, and documented steps can both guide your employee to better performance, which is optimal, or protect your firm after the firing.

You saw the signs. You knew it was coming. But now it’s time to take action and let an employee go. And if we all know the mantra “hire slow, fire fast,” we also know lawyers don’t always follow that rule. We can be way, way too slow to fire when an employee just isn’t working out.

So how do you know when the time has come? Our panel of legal management and HR pros digs in. As one panelist says, “If you wake up three mornings in a row thinking about somebody who’s not your spouse, they’ve got to go.” You know when someone is taking up too much time and derailing the office. The problem isn’t recognizing the problem, it’s not recognizing that you’ve already recognized the problem.

Have a plan, specific policies, metrics, management consultations, and a process for firing someone before you reach that point. Without clarity, even experienced HR professionals struggle.

Every process should account for your firm’s vulnerability. Labor laws, password management, access to client documents, even physical access to your office with keys or key cards should all be part of the process before the termination discussion. Dig into an episode today that can help your firm prepare for the future!



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REFERENCES MENTIONED:

ClioCon 2026, Oct. 26-27, 2026

Legal Talk Network Unbillable Hour

Law firms know change is coming. Knowing what to do about it is harder. In this episode of the Lawyerist Podcast, Stephanie Everett talks with Debbie Foster about leading a law firm forward as technology, client expectations, and the business of law evolve.

Debbie explains why strategy often gets pushed aside for urgent client work and day-to-day demands. Together, they explore why firms struggle to move beyond “we’ve always done it this way,” how consensus can stall progress, and why great ideas mean little without execution and team buy-in.

They also examine how AI is raising the stakes for law firm leaders. Waiting for certainty is not a strategy. Stephanie and Debbie share practical ways to protect time for strategic thinking, challenge assumptions, build buy-in, and help teams adapt to change.

If your firm keeps talking about what needs to change but struggles to make it happen, this episode will help you move from ideas to action.

Listen to the previous episodes of our Law Firm Leadership Series.

#632: Law Firm Leadership: How to Lead Yourself Before Leading Your Team, with Debbie Foster & Stephanie Everett Apple | Spotify | LTN

#633: Leading People in Law Firms: Building Trust, Developing Talent, and Holding Standards, with Debbie Foster & Stephanie Everett Apple | Spotify | LTN

#634: Leading Law Firm Operations: Building Systems That Reduce the Daily Firefighting, with Debbie Foster & Stephanie Everett Apple | Spotify | LTN

Links from the episode:

https://posh.com/lawyerist/

https://lawyerist.com/scorecard/

https://beanextlevelleader.com/



Have thoughts about today’s episode? Join the conversation on LinkedIn, Facebook, Instagram, and X!

If today's podcast resonates with you and you haven't read Be a Next Level Leader yet, get the first chapter right now for free! Looking for help beyond the book? See if our coaching community is right for you.

Access more resources from Lawyerist at lawyerist.com.

Subscribe to Lawyerist Podcast: https://play.megaphone.fm/xrm0mqp4tqwi0ozntiu41g

Chapters / Timestamps

00:00 – Introduction

01:47 – The New Small Firm Scorecard™

03:23 – Making Law Firm Progress Easier to Measure

06:38 – AI & Virtual Receptionists

08:08 – AI vs. Automation: What’s the Difference?

09:03 – Using AI to Enhance the Client Experience

12:03 – AI for Sentiment Analysis & Quality Assurance

13:04 – Keeping Humans in Control of AI

14:56 – Leading Your Law Firm Forward

15:24 – Why Law Firm Strategy Gets Pushed Aside

16:54 – AI Is Changing the Game for Law Firms

18:35 – Law Firms Are Playing 3D Chess

19:30 – Why Strategic Thinking Needs Protected Time

20:40 – Looking Beyond the Day-to-Day

22:47 – Moving Past “We’ve Always Done It This Way”

24:02 – Why Leading Through Change Is So Hard

24:34 – Great Ideas Aren’t the Problem. Execution Is.

26:58 – The Business Case for Law Firm Strategy

28:39 – Creating Believers Inside Your Law Firm

31:09 – Building a Culture That Thinks Ahead

32:28 – Why Leaders Will Build the Next Era of Law Firms

It’s been 25 years since 9/11. In this special episode, we revisit our conversation with Kenneth Feinberg, the architect of the federal compensation plan for victims and their families. As he asks in his book on the subject, “what’s life worth?”

Feinberg is an internationally known attorney who was appointed by President George W. Bush to administer the federal fund established to aid those injured in the terrorist attacks and to support the families of those who lost their lives.

We reflect on Feinberg’s Herculean efforts and how his team grappled with a national open wound and struggled to put a monetary value on thousands of lives.

In today’s often divisive political climate, a brutal period 25 years ago reminds us of a time when our nation came together as one. If any episode of Workers’ Comp Matters bears a second listen, this is the one. Everyone working with injured workers and their families can take a lesson from Feinberg’s extraordinary challenge.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

Subscribe to Workers Comp Matters: https://play.megaphone.fm/uzqas4ukq4ysdntrvbgvgg

Mentioned in This Episode:

“Worth,” a Netflix film on Ken Feinberg’s work, trailer

“What Is Life Worth? The Unprecedented Effort to Compensate the Victims of 9/11,” by Kenneth R. Feinberg

What are you charging your clients for, “minutes” or “results?” Guest John Rafferty started his own firm, Highfield Law, in the Philadelphia suburbs, specializing in guardianships and estates. He’s a convert to flat-fee, results based, billing. No more “billable hours.” And it works.

Rafferty is also a tech guy. Zoom, phone, face to face, it’s all at the client’s choice. Meeting clients where they want is key, and Rafferty finds many prefer some mix of online and in-person contact. It’s a new world. (And that goes for hiring online and part-time administrative help, too).

Hear how Rafferty reinvented his legal practice, from billing to remote work, and how he sets his flat-fee rates based on value and the market. Having the confidence to set a rate, and stick to it, is important. It takes courage, but it’s worth it.

And one more thing: “All funds are due up front.” Does this all sound blunt and, frankly, different? Perhaps, but it can take the focus off the money and hours and let clients focus on getting the results they want.

(Plus, a bonus tip: where to find the best Philly cheesesteaks!)

Questions or ideas about solo and small practices? Drop us a line at NewSolo@legaltalknetwork.com.

Topics:

Flat-fee billing works if you have the confidence to set your fee and stick to it. John Rafferty went out on his own and established a results-based firm. No more “billable hours.”

Meet clients where they are. That doesn’t have to be in an office. Clients are busy, too. Sometimes an online video chat or a phone call is better than having someone “drop by the office.”

For solo practices, tech matters. Get comfortable with digital platforms and let them speed up the routine tasks. If a flat-fee project takes fewer hours than you estimated because you were efficient, that’s pure profit.

Subscribe to New Solo: https://play.megaphone.fm/snklydceswminrbke6phsq

Resources:

“Ditch the Billable Hour! Implementing Value-Based Pricing in a Law Firm,” by Shaun Jardine

Previously on the Legal Talk Network, “No More Billable Hours: The Move To Value-Based, Results-Based Pricing,” The Un-Billable Hour

Clio legal software

Smokeball legal software

CARET legal software

Claude AI

Microsoft OneDrive

Quo phone system

Zoom

ClioCon 2026

ABA Techshow 2027

Hosts John Simon and Tim Cronin dig into how to read a witness in the first 15 minutes, when to be deferential versus direct, and why walking in with a rigid game plan can cost you if you're not willing to throw it out in the first of a new multi-part series on deposition strategy. They break down what separates attorneys who simply gather information from those who use every deposition to actively build their case and share real war stories from decades of practice. The episode covers five tips on style and approach and four tips on brainstorming before you even build an outline, laying the groundwork for the deeper series ahead: deposition goals, thorough preparation, in-the-room tactics, and cross-examination strategy. As John and Tim put it, the case goes as the deposition goes and this episode explains why.

Subscribe to The Jury Is Out: https://play.megaphone.fm/td_bgp7ytmwvduhtrxauqq