By Roy Baroff, Lawyer and Ombuds
Law firms face challenges on several fronts. Competition for talented attorneys remains strong, and internal operations and management practices don’t always keep pace with changing demands. Communication gaps and unclear expectations can create unresolved workplace tensions, sometimes leading people to leave. At the same time, new technologies, including artificial intelligence (AI), are changing how firms operate, often creating additional challenges for attorneys and staff.
An organizational ombuds can help law firms navigate these challenges by giving attorneys and staff a confidential, informal place to discuss concerns, explore options, and address problems before they escalate.
Why Do Law Firms Need an Ombuds?
This is not a new idea; however, it may be more needed than ever. Many years ago, Sara Thacker addressed this same issue. Thacker, a now-retired ombuds from the University of California, Berkeley, and former faculty member and Hewlett Fellow at the Georgetown University Law Center, authored “Where are the Ombuds? The Hidden Potential of Law Firm Ombuds” in the quarterly newsletter for the International Ombuds Association (Independent Voice, IOA, 2006). Thacker noted at the time there were only a few law firm ombuds to be found. She also explained that many aspects of our legal culture both call for and create barriers to introducing an ombuds.
With respect to the ombuds feature of neutrality and confidentiality, Thacker explained:
[Lawyers are] [t]rained to win arguments and rewarded for good analytical and decision-making ability [and] lawyers are competitive by nature. Associates who have concerns or questions might not raise them with HR, a partner, supervisor, or even another colleague for fear of being judged or not measuring up to their peers.
This matches my own ombuds experience: people at work see themselves as problem solvers, not as people with problems or as the problem. This may be especially true for lawyers whose work centers on helping clients solve problems.
I entered the ombuds field in 2007 when I attended an Ombuds 101 training presented by the International Ombuds Association (IOA) (now called Foundations). At the time, I mediated litigated cases, served as an arbitrator in various forums, and taught conflict resolution courses. I took the training to expand my dispute resolution practice because I saw the organizational ombuds role as bringing together conflict engagement and conflict resolution skills into an institution.
I later served as faculty and staff ombuds at NC State University in North Carolina (2015 – 2022) and then provided ombuds services to several universities and organizations, including one law firm (2022 – 2024). More recently, in 2025, I served as an ombuds mentor to a new law firm ombuds, and this got me thinking again about the law firm ombuds question.
I encountered many of the same organizational and interpersonal challenges in law firms that I saw in the university setting. Organizational transitions often create uncertainty and conflict between lawyers, between lawyers and staff, and even between firms. Communication, or the lack of it, contributed to these challenges, yet people did not want to speak up for fear of being seen as the problem. For instance, a lack of communication about a potential firm merger generated significant unease among associates and paralegals. Although they had heard about a potential merger, they didn’t know whether it was happening or how it might affect them. This significantly impacted workflow, and some employees were considering leaving. Such concerns shared with the ombuds could be brought forward (while maintaining the source’s confidentiality) to help the organization address the problem. In this case, firm leadership decided it was time to share the full plans – the merger was on!
Thacker also noted that, as lawyers, we are all too familiar with “formal complaints,” and that taking that path may have significant career implications. “Lawyers are concerned about raising issues and the impact it will have on their careers now and in 10 years down the road…” said Elizabeth Pino, who started the first law firm ombuds office in the country at Palmer & Dodge, LLP in Boston (IOA, 2006). This is a common problem for organizations, and I called it “conflict transference,” where the person raising a concern becomes the focus rather than the concern itself. As an ombuds, I can bring up these concerns (while maintaining the source’s confidentiality) to help the organization focus on the issue. Pino also described ombuds as a “no risk, no regret” option. This was true of my own experience as an ombuds, where, with no barrier and with strong confidentiality provisions, people came forward for help that otherwise would not have done so.
What Does an Organizational Ombuds Do?
Conversations with an organizational ombuds are informal and confidential and do not constitute formal notice to an organization on a particular issue nor initiate a formal complaint. Instead, the ombuds provides independent, impartial, confidential, and informal conflict engagement/resolution services including:
- coaching an individual in a dispute by helping them consider options
- helping people prepare for difficult conversations
- providing policy and procedure information
- facilitating conversation when appropriate and agreed upon by participants
- seeking additional information about concerns raised
- sharing themes and trends with organizational leadership while maintaining confidentiality
In general, an ombuds can help individuals and organizations address conflict early, potentially saving time and money while supporting productivity and retention. Ombuds can also identify recurring concerns and systemic trends, giving leadership information that may help improve organizational policies and practices. By encouraging people to address concerns constructively, an ombuds can help build a workplace culture where problems are addressed rather than avoided, allowing the organization to focus on its mission and work.
How Can an Ombuds Help Law Firms Retain Talent?
One of the most significant ways an ombuds can benefit a law firm is by supporting retention. Law firms of all sizes struggle to retain attorneys, from associates to senior partners. Data from the National Association for Law Placement (NALP) 2025 Update on Associate Attrition noted that the overall average associate attrition rate was 19%, and firms of less than 100 lawyers had an even higher rate of 24%. These departures can create significant challenges for firms, including increased workloads, disruption to client relationships, and the costs of recruiting and training replacements.
The update notes that Associates leaving is generally less about salary and more about a lack of positive relationships, workload and work-life integration, and poor feedback and mentoring. The timing of leaving is also significant: 83% of associates who left their firms in 2025 did so within five years of being hired. Thus, the firm invests significantly in its associates, yet they still leave.
Establishing an ombuds program can help lawyers and staff explore solutions to concerns that might otherwise lead them to leave the firm. For example, an ombuds could coach an associate preparing for a conversation about partnership or a staff member seeking advancement. Additionally, the law firm ombuds can help reduce workplace conflict and allow attorneys and staff to maintain a clear focus on the firm mission and workflow.
An ombuds could also help firm leadership by sharing system issues/trends while maintaining the source’s confidentiality. Ombuds gain insight from the people who come to them and can share ideas for addressing issues, not just raise them. When people get assistance with issues, they are more likely to stay.
While in a different setting, a post-visit survey that I conducted as the NC State University faculty and staff ombuds showed that talking with the ombuds impacted decisions on whether to stay or leave – people came to the ombuds thinking about leaving and then decided to stay. In the survey, 41 respondents indicated they planned to leave before meeting with the ombuds and, of those, seven decided to leave (data provided from publicly shared materials).
The Case for Organizational Ombuds in Law Firms
Twenty years ago, Thacker concluded:
Law firms need a new recipe. If an improved work environment is not sufficient motivation to establish an ombuds office, what is? Even if law firms look only to the bottom line, it is clear ombuds can contribute. If an ombuds helps retain even one associate per year, it is a cost-effective measure. In short, establishing an ombuds office saves dollars, and that makes sense.
Thacker’s conclusion is even more salient today as the pace of change accelerates. Particularly with the development of AI and other technology drivers, the people aspect of law firms becomes even more significant. In an era of increasing demands on attorneys and staff, an organizational ombuds, whether internal or external, can be a valuable resource for helping law firms navigate workplace challenges.
Interested in learning how an organizational ombuds could support your law firm? MWI provides external organizational ombuds services through TrustPoint, helping organizations address workplace concerns early and identify broader issues that may need attention. Learn more about how TrustPoint could work for your firm.
